CHAPTER 1
PURPOSE - DISTRICTS ESTABLISHED

ARTICLE 1 - DECLARATION OF PURPOSE

91.1.1 GENERAL PURPOSES.

(Amended by O-985)

a)    In order to provide the economic and social advantages resulting from an orderly planned use of land resources, and to conserve and promote the public health, safety and general welfare, there is hereby adopted and established an Official Land Use Plan for the City of Torrance. This plan is adopted pursuant to the authority of Chapter 838, Statutes 1929, State of California, and all acts amendatory thereof or supplementary thereto.

b)    The provisions of this Division shall be binding and shall regulate:

1)    All individuals, partnerships, joint adventures, firms, unincorporated associations, syndicates, clubs, societies, trusts and all private or political or charitable or social organizations doing business or existing under or by virtue of any law as a corporation or otherwise;

2)    All governmental bodies, officers, agencies, including, but not limited to the County of Los Angeles, and all officers and agencies thereof; municipal corporations (other than the City of Torrance) and all officers and agencies thereof; all special taxing or assessment districts, including, but not limited to sanitation districts, hospital districts, and air pollution control districts;

3)    Provided, however, that the provisions of this Division shall not bind any person or governmental body or agency who or which is exempt therefrom by the provisions of the Constitution of the United States or of the State of California.

91.1.2 NAME.

This Division shall be known as the "Official Land Use Plan" of the City of Torrance.

ARTICLE 2 - DEFINITIONS

(Amended by O-2436)

For the purpose of this Chapter, certain words and terms are defined as follows:

91.2.1 GENERALLY.

All words in the present tense include the future; all words in the singular number include the plural and the plural the singular; the word "building" includes the word "structure"; the word "shall" is mandatory and the word "person" includes a firm, corporation, or municipal corporation, as well as a natural person. The word "map" shall mean the "Official Land Use Plan of the City of Torrance, California." The term "City Council" shall mean the City Council of the City of Torrance; and the "Planning Commission" shall mean the City Planning Commission of the City of Torrance; and the word "City" shall mean the City of Torrance, a municipal corporation of the State of California. The word "Used" shall be deemed to include the words "arranged, designed or intended to be used," and the word "occupied" shall be deemed to include the words "arranged, designed or intended to be occupied."

91.2.2 (Repealed by O-3429)

91.2.3 ACCESSORY BUILDING.

(O-3535; Amended by O-3815)

An accessory building is a detached building which is subordinate and directly related to, and supportive to, a primary use located on the same premises and does not include habitable living area (excludes accessory dwelling units).

91.2.4 ALLEY.

A public or private way, permanently reserved as a secondary means of access to abutting property.

91.2.5 ALL PURPOSE ROOM.

See Rumpus Room.

91.2.6 APARTMENT.

A room or a suite of two (2) or more rooms in a multiple residence, occupied or suitable for occupancy as a residence for one (1) family.

91.2.7 APARTMENT HOUSE.

(Amended by O-2436)

Any building, structure, or portion thereof which has three (3) dwelling units or more occupied, intended or designed to be occupied by family groups and which provides in each dwelling unit all the customary sleeping, cooking and bathing facilities for that purpose. The occupancy of the dwelling unit is based upon an agreement between landlord and tenant and the tenant acquires certain rights and interests in the property. Dwelling units may be occupied, intended or designed to be occupied by single persons, but they must provide enough facilities to allow for permanent residence, independent from other dwelling units or from facilities provided by the landlord. Collection of a bed tax is not required and occupancy of the dwelling units is usually by specific agreement as to terms, conditions, and length of tenancy. The tenant pays his rent in money, labor or commodities.

91.2.8 AUTOMOBILE WRECKING.

The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

91.2.9 BACHELOR APARTMENT.

An apartment consisting of a combined room for living and sleeping and a separate room for cooking.

91.2.10 BOARDINGHOUSE.

A building where lodging and meals are provided for compensation for five or more persons not including rest homes, homes for the aged, or homes for children.

91.2.12 BUILDING SITE.

The ground area of a building or a group of buildings together with all open spaces as required by this Chapter.

91.2.13 BLOCK.

All property upon one side of a street between intersecting and intercepting streets, or between a street and right-of-way, water-way, end of deadend street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

91.2.14 BUNGALOW COURT.

A group of three (3) or more detached one (1) story, one (1) or two (2) family residences located upon a single lot, or group of lots, together with all open spaces as required by this Chapter. Two (2) family residences shall mean two (2) units as defined under Section 91.2.49.

91.2.15 CARPORT OR PORTE COCHERE.

(Amended by O-628)

An accessory residential use consisting of a reserved area attached to and adjoining the side of a residence for the convenient loading and unloading of passengers and for the accommodation of a passenger car when not in use; such space to consist of a hard surface floor, roofed and open on not more than three (3) sides.

91.2.16 CLUB.

An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

91.2.17 COMMISSION.

Shall mean the City Planning Commission.

91.2.18 (Repealed by O-2930; O-2933)

91.2.19 (Repealed by O-2930; O-2933)

91.2.20 (Repealed by O-2930; O-2933)

91.2.21 CONVALESCENT HOMES.

See Rest Homes.

91.2.22 DAIRY.

An establishment or enterprise maintaining more than two (2) cows for the commercial production and sale of milk and dairy products.

91.2.23 (Repealed by O-3429)

91.2.24 Repealed by O-3777.

91.2.25 (Repealed by O-3429)

91.2.26 FLAT BUILDING.

See Residence, multiple-family.

91.2.27 GARAGE APARTMENT.

An apartment consisting of three (3) rooms or more including a room for cooking and located over a garage on the rear one-half of a property.

91.2.28 GARAGE, PRIVATE.

(Amended by O-1357; O-1397)

An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

91.2.29 GARAGE, PUBLIC.

A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.

91.2.30 GUEST HOUSE.

See Accessory Living Quarters.

91.2.31 Repealed by O-3453.

91.2.32 HOTEL.

(Amended by O-1609)

A building in which there are six (6) or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint, are specifically excluded.

91.2.33 KITCHEN.

Any room used, or intended or designed to be used, for cooking or the preparation of food.

91.2.34 LOT-A PARCEL OF LAND.

(Amended by O-1422; O-1641)

For the purposes of Article 36 of this Chapter, a unit of air space shall not be considered a lot, but as a space.

91.2.35 LOT AREA.

(Amended by O-3356)

Except as provided in Section 91.4.3, the total horizontal area within the lot lines of a lot.

91.2.36 LOT DEPTH.

(Amended by O-3356)

Except as provided in Section 91.4.3, the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

91.2.37 LOT LINE; FRONT.

(Amended by O-3356)

Except as provided in Section 91.4.4, the line separating the lot from the street in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.

91.2.38 LOT LINE; REAR.

(Amended by O-3356)

Except as provided in Section 91.4.6, a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or gore-shaped lot, a line at least ten (10) feet in length within the lot parallel to and at the maximum distance from the front lot line.

91.2.39 LOT; THROUGH.

A lot having frontage on two (2) parallel or approximately parallel streets.

91.2.40 LOT WIDTH.

(Amended by O-3356)

Except as provided in Section 91.4.3, the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

91.2.41 MOTEL.

(Amended by O-1609)

A building or group of buildings where a minimum of eighty (80) percent of the living units have no kitchen or cooking facilities, but have individual sleeping units, with garage attached or parking space conveniently located to each unit, all for the temporary use by automobile tourists or transients; includes auto courts, tourist courts and motor lodges.

91.2.42 Repealed by O-3418.

91.2.43 Repealed by O-3418.

91.2.44 PARKING AREA; PUBLIC.

An open area other than a street, alley or place used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers.

91.2.45 PARKING SPACE; AUTOMOBILE.

Space within a building or parking area for the temporary parking or storage of one (1) automobile.

91.2.46 PLAY ROOM.

See Rumpus Room.

91.2.47 RESIDENCE HOTEL.

Any building, structure or portion thereof which has three (3) or more rooms occupied, intended or designed to be occupied by guests for sleeping quarters. The building is characterized by a central lobby through which guests must pass when entering or leaving. All the sleeping quarters open onto an internal hall or a series of internal halls. The equipment, services, and facilities are provided by the innkeeper, and the guest pays for the services, equipment, and facilities in money, labor or commodities and acquires no interest in the property. Guests are free to relinquish their rooms at any time without prior notice but customarily forty (40) or more of the guests remain in continuous residence for thirty (30) days or longer. The collection of a bed tax is required except upon written agreement between the innkeeper and the guest that the guest will occupy his room for longer than thirty (30) days in continuous residence. Cooking may be permitted in not more than twenty (20) percent of the rooms provided that they have been designed for that purpose and are suitably equipped.

This definition includes, but is not limited by this enumeration, boarding houses, lodging houses, rooming houses, sorority houses, fraternity houses, and dormitories. This definition specifically excludes such facilities as jails, prisons, hospitals, rest homes for the aged, foster homes and institutions for the confinement of human beings under restraint of law.

91.2.48 RESIDENCE MOTEL.

Any building, structure, or portion thereof which has three or more rooms occupied, intended, or designed to be occupied by guests for sleeping quarters. The building is characterized by automobile parking facilities available adjacent to the sleeping quarters, and all rooms open to the outside, or to a central parking court. The equipment, services and facilities are all provided by the innkeeper and the guest pays for the services, facilities and equipment with money, labor or commodities and acquires no interest in the property. Guests are free to relinquish their rooms at any time without prior notice, but customarily forty (40) percent or more of the guests remain in continuous residence for thirty (30) days or longer. The collection of a bed tax is required except upon written agreement between the innkeeper and the guest to the effect that the guest will occupy his room for longer than thirty (30) days in continuous residence. Cooking may be permitted in not more than twenty (20) percent of the rooms, provided that they have been designed for that purpose and are suitably equipped. This definition includes, but is not limited by this enumeration, auto courts, hotels, tourist cabins, etc. This definition specifically excludes such facilities as jails, prisons, hospitals, retirement homes, homes for the aged, foster homes, and institutions for the confinement of human beings under restraint of law.

91.2.49 RESIDENCE, MULTIPLE FAMILY.

(Amended by O-1609)

A building or portion thereof, designed for occupancy by three or more families, living independently of each other. If said building contains cooking facilities in more than twenty (20) percent of the dwelling units, it shall be conclusively presumed to be a multiple-family residence.

91.2.50 RESIDENCE, SINGLE FAMILY.

A detached building designed exclusively for occupancy by one (1) family.

91.2.51 RESIDENCE, TWO FAMILY.

A building designed exclusively for occupancy by two (2) families living independently of each other.

91.2.52 RESIDENCE UNIT.

Two (2) or more rooms in a residence designed for occupancy by one (1) family for living or sleeping purposes, having only one (1) kitchen.

91.2.53 REST HOMES.

Permitting nursing, dietary and other personal services rendered to convalescents, invalids and aged persons, but excluding cases of contagious or communicable diseases and excluding surgery or primary treatments such as are customarily in sanitariums and hospitals.

91.2.54 RUMPUS ROOM.

A room containing no cooking equipment other than a barbeque or similar apparatus for the purpose of preparing snacks for guests.

91.2.55 SANITARIUMS.

A health station or retreat or other place where patients are kept and where medical or surgical treatment is given, but not mental.

91.2.56 (Repealed by O-3429)

91.2.57 SERVANTS QUARTERS.

See Accessory Living Quarters.

91.2.58 STABLE; PRIVATE.

A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

91.2.59 STABLE; PUBLIC.

A stable other than a private stable.

91.2.60 STORY.

That portion of a building included between the surface of any floor and the surface of the floor next above it; if there be no floor above it, the space between such floor and the ceiling next above it.

91.2.61 STREET.

A public or private throughfare which affords principal means of access to abutting property.

91.2.62 STREET LINE.

The boundary line between street and abutting property.

91.2.63 STREET; SIDE.

That street bounding a corner lot and which extends in the same general direction as the line determining the depth of the lot.

91.2.64 STRUCTURE.

Anything constructed or erected which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height.

91.2.65 STRUCTURAL ALTERATIONS.

Any change in the supporting members of a building, such as bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

91.2.66 (Repealed by O-3429)

91.2.67 TRANSIENT HOTEL.

Any hotel in which cooking facilities are not provided and less than forty (40) percent of the guests remain in continuous residence for more than thirty (30) days.

91.2.68 TRANSIENT MOTEL.

Any motel in which less than forty (40) percent of the guests stay for more than thirty (30) days.

91.2.69 (Repealed by O-3429)

91.2.70 YARD.

A portion of the same lot or building site upon which a building is situated, other than a courtyard which remains unoccupied and open from the ground upward except for projection permitted by the Code.

91.2.71 FRONT YARD.

(Amended by O-3356)

Except as provided in Section 91.4.4, a yard between the front line of the lot and the front line of the main building, which extends from one (1) side yard to the other.

91.2.72 REAR YARD.

(Amended by O-3356)

Except s provided in Section 91.4.6, a yard which extends across the entire width of the lot between the extreme rear line of the lot and the extreme rear line of any building, other than an accessory building.

91.2.73 SIDE YARD.

(Amended by O-3356)

Except as provided in Section 91.4.5, a yard between the side line of the lot and the side line of the building, which extends from the front line of the lot to the required rear yard.

91.2.74 HOSPITAL.

(Added by O-2061)

a)    General: A facility equipped and staffed to provide various types of intensified hospital care including, but not limited to, short term care in acute medical, surgical and obstetrical services.

b)    Special: A facility that provides the services required of a general hospital and in addition is equipped and staffed with specialized diagnostic and therapeutic facilities to provide care in a recognized medical or dental specialty.

c)    Extended Care Facility: A facility primarily engaged in providing to in-patients the nursing care and related services for patients who require twenty-four (24) hour medical, nursing, or rehabilitation services. These facilities include the following types of institutions:

1)    Convalescent or nursing homes;

2)    Sanitarium.

d)    Day Treatment Clinic: A facility for the medical treatment of patients who are provided with an organized program of treatment and rehabilitation activities under medical supervision. Persons are not permitted to remain overnight.

91.2.75 TOWNHOUSE PLANNED DEVELOPMENT.

(Added by O-2179)

A subdivision located in the R-TH District, consisting of single family dwelling units attached in groups of two (2) or more units, each of which, together with the lot on which it is situated is separately owned; and including, in addition, open space and/or recreational areas and facilities which are for the use of all occupants of the development and are held in common ownership.

91.2.76 BALCONY.

(Added by O-2307)

A platform enclosed by a parapet or railing that projects, in whole or in part from the wall of a building and which is designed in such a manner that it can be entered only from adjacent rooms.

91.2.77 PATIO.

(Added by O-2307)

A ground level recreation space located in an area that adjoins a dwelling.

91.2.78 COURTYARD.

(Added by O-2307)

An open unoccupied space other than a yard, bounded on two (2) or more sides by buildings located on the same parcel.

91.2.79 HILLSIDE LOT.

(Added by O-2665)

A hillside lot is defined as any lot or parcel having a slope of fifteen (15) percent or more as measured from any point on the property line and which slope affects the front eighty (80) feet of the property. Slope is measured from the highest to the lowest point within the front eighty (80) feet of depth of the lot. Determination of slope shall be made at the time of application for a building permit or other entitlement for use, and shall be measured on the lot as it exists at the time of such application.

91.2.80 INTEGRATED PARKING FACILITY.

(Added by O-2907)

Integrated Parking Facility shall mean any parking facility consisting of contiguous parking spaces under a common ownership, operation, or subject to binding, non-exclusive cross access easements.

91.2.81 MULTIPLE OWNER-OCCUPIED RESIDENTIAL STRUCTURE.

(Added by O-2930; O-2933)

The term multiple owner-occupied residential structure shall mean a condominium as defined in Section 783 of the Civil Code of California, a community apartment project as defined in Section 11004 of the California Business and Professions Code, a stock cooperative as defined in Section 11003.2 of the California Business and Professions Code, and any other similar form of multiple family dwelling in which the residents have acquired an ownership interest in the land or buildings, or both, and have a right to use or occupy said land or buildings for a permanent residence. Such term shall also include any unusually long-term lease agreements which require payment of a price equivalent to purchasing said dwelling unit. Said term shall not include any condominium or stock cooperative or similar joint ownership agreement which is for offices, retail or wholesale stores, shops, manufacturing buildings or similar exclusively commercial or industrial uses.

91.2.82 FLOOR AREA RATIO.

(Amended by O-3291; O-3319)

In calculating the Floor Area Ratio (FAR), the measurements from outside wall to outside wall, using gross square footage shall be used. The gross square footage includes the area of all floors of the main structure, accessory structures and habitable attic area, but excluding basements, covered porches, patios and balconies enclosed on not more than two (2) sides, and chimneys.

Stairwells and floor area in portions of the structure where the distance between any floor and roof directly above it is seventeen (17) feet or more shall be counted twice. If the distance between any floor and roof directly above it is twenty-six (26) feet or more, the floor area shall be counted three (3) times.

For purposes of this section, basement shall mean any habitable area located below any story which has a finished floor level not more than three (3) feet above finished grade, excluding any berms or raised planters, and which does not have windows more than eighteen (18) inches above finished grade at any point along the perimeter of the building.

91.2.83 FLAG LOT SUBDIVISION; FLAG LOT.

(Added by O-3356)

a)    A flag lot subdivision is a subdivision of land zoned for single-family residential use, wherein the lots or parcels of land are laid out one behind the other, with only one lot or parcel of land (referred to as the front lot) having frontage on a public street other than a driveway or access easement.

b)    Each lot or parcel behind the front lot obtains access to the public street by means of a narrow driveway which may be owned in fee, or by easement, which shall be hereinafter referred to as an access easement. A flag lot is any lot or parcel of land within a flag lot subdivision, including the front lot.

91.2.84 ALTERATION.

(Added by O-3423)

Any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns or beams, any horizontal or vertical enlargement or diminution, or any physical change in the appearance of any building or structure.

91.2.85 AMBULANCE SERVICES.

(Added by O-3423)

An establishment providing emergency medical care or transportation, including incidental storage and maintenance of vehicles and crew facilities.

91.2.86 ANIMAL SALES AND SERVICES.

(Added by O-3423)

Establishments providing the following retail and/or service uses:

a)    Animal feed and supplies: Retail sales of pet food and supplies, but excluding the sale of animals, provided such activities take place within an entirely enclosed building.

b)    Animal grooming: Provision of bathing and trimming services for household pets on a commercial basis, provided such activities take place within an entirely enclosed building.

c)    Animals, retail sales: Retail sales of household pets (such as dogs, cats, birds, and fish), provided such activities take place within an entirely enclosed building.

91.2.87 ANTENNA AND/OR COMMUNICATION FACILITY.

(Added by O-3423)

Any public, commercial or private transmission or receiving device, for radio, television, telegraph, telephone, cellular telephone, and data network communications, including, but not limited to antennae, towers, reflectors and equipment buildings. This classification does not include home television and radio receiving antennae.

91.2.88 ANTIQUE.

(Added by O-3423)

Any object of art or pieces of furniture, household implements and the like, which, because of age, rarity and fabrication, or manufacture at a time much earlier than the present, have acquired a collector’s quality and value. This definition does not include any objects or materials that are obsolete and have secondhand or salvage value only.

91.2.89 ANTIQUE SHOP.

(Added by O-3423)

An establishment engaged primarily in the sale of antiques.

91.2.90 ARCADES.

(Added by O-3423)

An establishment which provides five (5) or more electronic, mechanical, or manually operated games which are activated by money or tokens or for which the participant pays money for the privilege of playing such electronic, mechanical, or manually operated games.

91.2.91 ARTISANS STUDIO.

(Added by O-3423)

A building containing work space and retail sales space for artists, artisans and craftspersons producing individual or one-of-a kind works of art, including individuals practicing a fine art, or a skill in an applied art or craft, provided that the use does not impact any other use or property with noise, odor, dust, vibration, or other nuisance. This classification includes, but is not limited to, painters’ studios, ceramic or sculpting studios, custom jewelry studios, custom furniture building, or a saddlery. This classification does not include the use of mechanical equipment individually exceeding two (2) horsepower or collectively exceeding five (5) horsepower; or the use of more than one (1) kiln, and such kiln shall not exceed eight (8) kilowatts.

91.2.92 AUTOMOBILE SALES AND LEASING.

(Added by O-3423)

The use of any building, premises or land for the display and sale and/or lease of new or used passenger vehicles, including storage, and which may include any warranty repair work and other repair as defined under "Automobile/Vehicle Repair Garage" conducted as an accessory use.

91.2.93 AUTOMOBILE RENTAL.

(Added by O-3423)

The use of any building, premises or land for the rental of passenger vehicles, including storage.

91.2.94 AUTOMOBILE SERVICE STATION.

(Added by O-3423)

Any site or improvement where the primary use is the retail sale and dispensing of motor vehicle fuel. This classification includes facilities for passenger vehicle service and repair, provided there no more than three (3) service bays. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of passenger vehicles; minor tune-up; lubrication and parts replacement; and other light work related to preventive maintenance and upkeep. Such services may not include maintenance and repair of commercial or recreational vehicles, tire recapping, sale or rebuilding of engines, radiator repair or steam cleaning, paint spraying, body and fender work, the installation of auto glass, or the outdoor storage of vehicles. This classification may include accessory towing, and the accessory sales of food.

91.2.95 AUTOMOBILE/VEHICLE BODY AND FENDER SHOP.

(Added by O-3423)

Any facility use for the activities of repairing, restoring, and/or painting the bodies, frames or fenders of passenger or nonpassenger vehicles.

91.2.96 AUTOMOBILE/VEHICLE REPAIR GARAGE.

(Added by O-3423)

Any facility used for the repair, alteration, restoration, maintenance or towing of passenger vehicles, which shall be construed broadly to include the place where the following types of commonly known garage or shop activities occur: fluid replacement and lubrication, tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission repair, rebuilding or reconditioning of engines, and installation of car alarms and car stereos. This classification excludes automobile wrecking, body and fender shops, tire retreading or recapping, or storage of inoperative vehicles. Also excluded is the repair or maintenance of commercial or recreational vehicles. This classification includes fluid replacement facilities.

91.2.97 AWNING.

(Added by O-3423)

A roof-like cover supported entirely from the exterior wall of a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building.

91.2.98 BAIL BONDS.

(Added by O-3423)

An establishment engaged in the selling of bail bonds.

91.2.99 BANKS, CREDIT UNIONS, AND/OR SAVINGS AND LOANS.

(Added by O-3423)

A state or federally chartered financial institution that provides retail banking services to individuals and businesses.

91.2.100 BAR AND COCKTAIL LOUNGES.

(Added by O-3423)

Any establishment primarily used for the on-site sales and consumption of alcoholic beverages, sometimes with, but more commonly without, meals. This classification includes, but is not limited to, saloons, bars, cocktail lounges, nightclubs, pubs, taverns and similar places, but excludes restaurants and commercial recreation uses which may serve alcoholic beverages incidental to the primary use.

91.2.101 BILLIARD PARLOR.

(Added by O-3423)

An establishment which provides five (5) or more billiard and/or pool tables.

91.2.102 BUILDING MATERIAL SALES.

(Added by O-3423)

An establishment engaged in retailing or wholesaling or building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes retail sales of paint and hardware, and activities classified under "Equipment Leasing and Rentals."

91.2.103 BUSINESS AND TRADE SCHOOL.

(Added by O-3423)

A specialized instructional establishment which provides on-site training of business, commercial, and/or trade skills such as accounting, data processing and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.

91.2.104 CARWASH, HAND.

(Added by O-3423)

Any permanent facility where stall(s) with water-spraying devices are used for the washing of vehicles as a retail service, and where typically vacuuming services are provided. Hand carwashes are further classified as either full-service or self-service carwashes.

91.2.105 CARWASH, FULL-SERVICE.

(Added by O-3423)

A mechanical and/or hand wash carwash typically offering vacuuming and towel-drying services and where customers leave their vehicles during washing operations.

91.2.106 CARWASH, MECHANICAL.

(Added by O-3423)

Any permanent facility where power-driven equipment, or steam-cleaning equipment are used for the washing of vehicles as a retail service. Mechanical carwashes are further classified as either full-service or self-service carwashes. This classification includes automatic carwashes.

91.2.107 CARWASH, SELF-SERVICE.

(Added by O-3423)

A mechanical and/or hand carwash where facilities are provided for customers to wash their own vehicles. This classification includes a drive-through car wash where customers remain in the vehicles during washing operation.

91.2.108 CHECK-CASHING BUSINESS.

(Added by O-3423)

An establishment that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.

91.2.109 COMMERCIAL RECREATION.

(Added by O-3423)

An establishment exclusively or primarily engaged in the provision of participant or spectator recreation or entertainment, either indoors or outdoors. This classification includes, but is not limited to, sports arenas, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, swimming pools, hot tubs, and arcades. This classification may also include such incidental uses as restaurants and bars.

91.2.110 COMMERCIAL VEHICLE.

(Added by O-3423)

Any motor vehicle other than a standard passenger vehicle and which, when operated upon a street, is required to be registered as a commercial vehicle by the state Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property.

91.2.111 COMMUNITY CENTER.

(Added by O-3423)

A building, buildings, or portions thereof used for recreation, social, educational, and cultural activities which buildings are owned and/or operated by a public, nonprofit, or public serving group or agency.

91.2.112 CULTURAL INSTITUTION.

(Added by O-3423)

A nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes, but is not limited to, libraries, museums, and art galleries.

91.2.113 DANCE/GYMNASTICS/MARTIAL ARTS STUDIO.

(Added by O-3423)

A private facility which conducts classes to groups of individuals generally in one (1) room, and does not provide showers, pools, saunas, and other features of a full service health club.

91.2.114 DAY CARE CENTER, ADULT.

(Added by O-3423)

A state-licensed community care facility for the regular care and supervision of the elderly, developmentally disabled adults, or mentally disordered adults for periods less than twenty-four (24) hours with incidental non-acute medical care and a variety of social and related support services in a non-residential setting outside the licensee’s own residence, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services. Adult day care centers shall include the various types of adult day care services as defined under state law and periodically amended, which includes "adult day care facilities," "adult social day care facilities," and "adult day health care facilities."

91.2.115 Repealed by O-3453.

91.2.116 DISPLAY.

(Added by O-3423)

The placement of goods, merchandise, equipment or exhibits for viewing at a location visible to or accessible to the public.

91.2.117 DRIVE-IN OR DRIVE-THROUGH SERVICES.

(Added by O-3423)

Any use, establishment, operation or business providing services accessible to persons who remain in their automobiles. This classification shall not include automobile service stations and/or car washes.

91.2.118 DRIVEWAY.

(Added by O-3423)

An appropriately paved and privately-owned roadway for vehicular travel which provides access from a street or alley to off-street parking, loading area, drive-in or drive-through service area, or to an entrance to a building or other facility. Parking aisles within parking area and truck maneuvering areas are not included within this definition.

91.2.119 EDUCATIONAL INSTITUTION.

(Added by O-3423)

A public, parochial or other nonprofit institution conducting regular academic instruction at kindergarten, elementary, secondary, collegiate, university or graduate level. Such institution must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education or confer degrees as a college or university of undergraduate or graduate standing. This definition does not includes schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

91.2.120 ENTERTAINMENT, LIVE.

(Added by O-3423)

Any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance.

91.2.121 EQUIPMENT LEASING AND RENTALS.

(Added by O-3423)

An establishment leasing or renting construction equipment, or horticultural or agricultural equipment, including storage and incidental maintenance.

91.2.122 ESTABLISHMENT.

(Added by O-3423)

A premises or portion thereof occupied by a nonresidential use under the unified management and control of one person or organization.

91.2.123 FORTUNETELLING.

(Added by O-3423)

The practice or carrying on of any art, profession or business which shall include, but not be limited to, the telling of fortunes, forecasting of knowledge of futures, of furnishing of any information not otherwise obtainable by the ordinary process of knowledge, for or without pay. Fortunetelling shall include, but not be limited to, psychic reading, occult reading, clairvoyance, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy, or other craft, art, science, cards, talismans, charms, potions, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, and crystal reading of any kind or nature.

91.2.124 GROCERY STORES.

(Added by O-3423)

An establishment where the primary use is retail sales of food and beverages for off-site preparation and consumption. This classification includes delicatessens.

91.2.125 HEALTH AND PHYSICAL FITNESS CLUBS.

(Added by O-3423)

Private athletic clubs and gymnasiums, including but not limited to weight training facilities, aerobic floors, tennis/racquetball courts, swimming pools, and similar athletic facilities, with full service facilities including but not limited to showers, lockers, pools and saunas.

91.2.126 KENNEL.

(Added by O-3423)

Any lot or premises on which four (4) or more dogs or cats at least four (4) months of age are kept, boarded, or trained, whether in special buildings or runways or not.

91.2.127 LIQUOR, OFF-SALE.

(Added by O-3423)

The sale of alcoholic beverages for consumption off the premises as defined in Business and Professions Code Section 23394.

91.2.128 LIQUOR, ON-SALE.

(Added by O-3423)

The sale of alcoholic beverages for consumption on the premises as defined in Business and Professions Code Section 23396.

91.2.129 MIXED USE DEVELOPMENT.

(Added by O-3423)

The development or a parcel(s) or structure(s) with a combination of residential and at least one (1) or more commercial uses, including but not limited to office, retail, or entertainment uses, in a single or physically integrated group of structures.

91.2.130 OFFICES.

(Added by O-3423)

Offices shall include the following:

a)    Offices, Governmental. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

b)    Offices, Professional. Offices of firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes retail banking services and medical offices.

c)    Offices, Medical or Dental. Offices or health facilities which provide health services include diagnosis, testing and analysis, treatment or care to patients not confined to the facility as inpatients. Care may include, but is not limited to, the provision of medical, surgical, dental, mental health, rehabilitation, podiatral, optometric, chiropractic, acupuncture, or psychiatric services, and medical or dental laboratories incidental to such offices. Medical clinic or dental clinic shall have the same meaning as medical office or dental office. This classification also includes urgent care or immediate care medical facilities, but does not allow for surgical services such as are customarily provided in a hospital.

91.2.131 OUTDOOR DINING.

(Added by O-3423)

Any restaurant or other eating establishment where seating is provided and food or beverages are served, on private property, and where there is not a roof and walls on all sides of the seating area.

91.2.132 OUTDOOR STORAGE.

(Added by O-3423)

The keeping in an unroofed area, of any goods, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

91.2.133 PASSENGER VEHICLE.

(Added by O-3423)

Motor vehicles, including automobiles, motorcycles, sports utility vehicles, passenger vans, and light trucks equipped with an open box-type bed less than nine (9) feet in length, all having a rating of less than ten thousand one (10,001) pounds, and an unladen weight of less than six thousand one (6,001) pounds, or other similar passenger vehicles specified by the State Vehicle Code.

91.2.134 PAWNSHOP.

(Added by O-3423)

An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.

91.2.135 PERSONAL SERVICES.

(Added by O-3423)

An establishment which provides services of a personal nature. This classification includes, but is not limited to:

acupressure

barber and beauty shops

fortune telling

massage

photo-copying

repair and maintenance, consumer products

retail dry cleaning establishments (excluding wholesale dry cleaning plants)

seamstresses

self-service laundromats

shoe repair shops

tailors

tanning salons

Such uses may also include incidental retail sales of products related to the services provided. This classification excludes tattoo parlors.

91.2.136 PERSONAL IMPROVEMENT SERVICES.

(Added by O-3423)

An establishment providing instructional services or facilities, including but not limited to, photography, fine arts, language schools, crafts, music studios, tutorial services, computer instruction, and driving schools. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services."

91.2.137 PLANT NURSERIES.

(Added by O-3423)

A commercial agricultural establishment engaged primarily in the sale of ornamental plants and other nursery products to the public. This classification may also provide for the incidental production of ornamental plants.

91.2.138 RECREATIONAL VEHICLE.

(Added by O-3423)

A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation or recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. The term recreational vehicle shall also include boats and boat trailers.

91.2.139 RELIGIOUS FACILITIES.

(Added by O-3423)

A permanent use of a structure or interior space for religious worship and related religious activities, including customary incidental educational, residential and social activities in conjunction therewith, and where the premises are maintained by an organized religious body.

91.2.140 REPAIR AND MAINTENANCE, CONSUMER PRODUCTS.

(Added by O-3423)

An establishment in which the principal activity is the repair of consumer products, including bicycles; electrical repair shops, television, radio, and other electronic appliance repair; household appliances; computers and office machines repair; watch, clock and jewelry repair; re-upholstery and furniture repair. This classification does not include repair or services incidental to retail sales.

91.2.141 RESIDENTIAL CARE FACILITY.

(Added by O-3423)

A facility licensed by the State to provide twenty-four (24) hour residential care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails and other facilities. Such facilities may provide nursing, dietary and other personal services, but not surgery or other primary medical treatments such as are customarily provided in convalescent facilities or hospitals. This classification includes retirement homes.

91.2.142 RESTAURANTS.

(Added by O-3423)

Restaurants shall include the following.

a)    Restaurant, Class I, Full-Service. An establishment which sells and serves prepared foods and drinks to the public primarily for on-site consumption inside a building or in an outdoor seating area. This classification may include licensed "on-site" provision of alcoholic beverage for consumption on the premises when incidental to such food services, as well as facilities for dancing and other entertainment that are secondary and subordinate to the principal use of the establishment as an eating and drinking place.

b)    Restaurant, Class II, Fast-Food. An establishment where the public is served food and beverages from a serving counter in dispensable containers or wrappers for either on- or off-premises consumption, and where food and meals are generally prepared in advance for immediate sale, and which may include indoor or outdoor seating, drive-through service, and/or delivery service.

c)    Restaurant, Class III, Take-Out. An establishment were orders for food and beverage are served in disposal containers or wrappers from a serving counter for consumption exclusively off the premises.

d)    Restaurant, Class IV, Snack Shops. An establishment serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises, either indoors or outdoors, or off the premises.

91.2.143 RETAIL SALES.

(Added by O-3423)

An establishment engaged in the retail sale of new merchandise not specifically listed under another use classification. This classification includes, but is not limited to:

appliances

hand-crafted items (stores may include crafting operations subordinate to sales)

art supplies

auto parts (new, excluding service, installation and machine shops)

hardware

bicycles

hobby materials

books

jewelry

cameras and photographic supplies

luggage and leather goods

carpeting and floor covering

musical instruments, parts and accessories

clothing and accessories

newsstands

department stores

office supplies

drug and discount stores

orthopedic supplies

dry goods

paint and wallpaper

electronic equipment

pet stores

fabrics and sewing supplies

religious goods

florists and houseplant stores (indoor sales only-outdoor sales are "Plant Nurseries")

small wares

specialty shops

sporting goods and equipment

furniture

stationary

general stores

toys and games

gifts, novelties and souvenirs

variety stores

91.2.144 SHOPPING CENTER.

(Added by O-3423)

A commercial development located on a single parcel or on continuous parcels under the same ownership, containing three (3) or more retail stores, service uses, or other tenants, where each have individual entrances from a commonly-owned public area such as a parking lot or mall corridor. This classification may also apply to commercial developments where continuous parcels are under separate ownership, subject to provisions providing through Conditions, Covenants, and Restrictions a means of common maintenance, an integrated and consistent overall architectural design theme, a comprehensive sign program, and through recorded cross-access and reciprocal parking agreements an integrated parking and on-site pedestrian and vehicular circulation system.

91.2.145 SWAP MEET.

(Added by O-3423)

Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to: flea markets, open air markets, or other similarly named activities.

91.2.146 Repealed by O-3783 and O-3784.

91.2.147 THEATER.

(Added by O-3423)

Any structure used for public assembly and/or entertainment, including theatrical performances, concerts and recitals, and the showing of movies. This classification includes cinemas.

91.2.148 THRIFT SHOPS, OR SECONDHAND STORES.

(Added by O-3423)

An establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops or establishments selling used jewelry, old coins and stamps. Nor does it include auto wrecking, dealers in used motor vehicles, and secondhand automobile parts and supplies.

91.2.149 USE.

(Added by O-3423)

The type of activity or occupancy occurring or intended to occur at a given location.

91.2.150 USE, ACCESSORY.

(Added by O-3423)

An activity or use of property which is subordinate, directly related, and supportive to a primary use located on the same premises. An accessory use is necessarily or customarily associated with a primary use in an interdependent relationship.

91.2.151 USE, INCIDENTAL.

(Added by O-3423)

An activity or use of property which is secondary to a primary use located on the same premises, and which does not make use of more than ten (10%) percent of the total floor area of the primary use.

91.2.152 USE, PRIMARY.

(Added by O-3423)

The prevalent activity or occupancy occurring or intended to occur at a given location.

91.2.153 VETERINARY CLINICS AND ANIMAL HOSPITALS.

(Added by O-3423)

Any establishment used by veterinarians to provide office, and medical and surgical treatment and care for household pets. The boarding of household pets may be permitted as incidental to such hospital uses. However, this classification includes only facilities that are entirely enclosed, soundproofed, and mechanically ventilated, otherwise such facilities shall be considered as "kennel."

91.2.154 WALKWAY.

(Added by O-3423)

A public or private pathway exclusively for the use of pedestrians.

91.2.155 WAREHOUSE RETAIL.

(Added by O-3423)

An off-price or wholesale retail/warehouse establishment exceeding fifty thousand (50,000) square feet of gross floor area and offering a full range of general merchandise to the public, or offering a limited range of merchandise serving both wholesale and retail customers.

91.2.156 ADULT BUSINESS.

(Added by O-3423)

Any business based upon either the sale of materials or performances that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," as defined by Article 33, Section 92.33.2 of Division 9.

91.2.157 CHILD DAY CARE FACILITY.

(Added by O-3453)

A facility that provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) -hour basis. Child day care facilities include child day care centers, employer-sponsored child care centers, and family day care homes for children.

91.2.158 CHILD DAY CARE CENTER.

(Added by O-3453)

Any child day care facility other than a family day care home, and includes infant centers, preschools, nursery schools and extended day care facilities.

91.2.159 INFANT.

(Added by O-3453)

Infants are children under two (2) years of age.

91.2.160 SMALL FAMILY DAY CARE HOME.

(Added by O-3453)

A single family residence which regularly provides care, protection and supervision of a maximum of eight (8) children in the provider’s own residence, including children under the age of ten (10) years who reside at the single family residence, for periods of less than twenty-four (24) hours a day. A small family day care home may provide care for more than six (6) and up to eight (8) children without an additional adult attendant, if the requirements of California Health and Safety Code 1597.44 are met.

91.2.161 LARGE FAMILY DAY CARE HOME.

(Added by O-3453)

A single family residence which regularly provides care, protection and supervision for seven (7) to fourteen (14) children, inclusive, in the provider’s own residence including children under the age of ten (10) years who reside at the single family residence, for periods of less than twenty-four (24) hours a day. A large family day care home may provide care for more than twelve (12) children and up to and including fourteen (14) children if the requirements of California Health and Safety Code Section 1597.465 are met.

91.2.162 HOME OCCUPATION.

(Added by O-3453)

The secondary use of a person’s own residence for a business activity carried on for profit.

91.2.163 PUMPKIN SALES LOT.

(Added by O-3485)

A pumpkin sales lot is a temporary sales operation on a vacant property where pumpkins are maintained, stored, and sold to the public.

91.2.164 CHRISTMAS TREE SALES LOT.

(Added by O-3485)

A Christmas tree sales lot is a temporary sales operations on a vacant property where cut natural Christmas trees, potted live trees, Christmas wreaths, or tree ornaments and decorations are maintained, stored, and sold to the public, and which may include the flocking, spraying, and processing of Christmas trees.

91.2.165 TEMPORARY PARKING LOT SALES EVENT.

(Added by O-3485)

A temporary parking lot sales event is an event held in a portion of a parking lot, conducted by the permanent on-site business in control of the subject parking lot area, and may include the following:

a)    The temporary outdoor sales of merchandise customarily sold on the premises by the permanent on-site business; or

b)    The temporary sales of pumpkins and/or Christmas trees.

91.2.166 TEMPORARY PARKING LOT SPECIAL EVENT.

(Added by O-3485)

A temporary parking lot special event is an event held in a portion of a parking lot, conducted by the permanent on-site business in control of the subject parking lot, and may include the following:

a)    A temporary promotional outdoor event; or

b)    A temporary outdoor gathering of people; or

c)    Other similar temporary outdoor promotional events and/or gatherings as determined by the Planning Director to be consistent with Section 93.1.7.

91.2.167 SMALL ANIMAL PETTING ZOO.

(Added by O-3485)

A small animal petting zoo is a temporary outdoor display of small farm or barnyard type animals. As a small animal, no single animal may weigh more than one hundred fifty (150) pounds. No more than thirty (30) such animals may be present on-site at any one time. The total number of animals allowed may be reduced subject to the determination by the Los Angeles County Department of Animal Care and Control.

91.2.168 PONY RIDE.

(Added by O-3485)

A pony ride is a ride using live small ponies as the mode for conveyance of children in a repetitious predetermined fixed path of travel for amusement purposes. A pony ride is not a merry-go-round. As a pony ride, no more than five (5) ponies are permitted for riding at any one (1) time. The total number of ponies allowed in a ride may be reduced subject to determination by the Los Angeles County Department of Animal Care and Control.

91.2.169 ACCESSORY DWELLING UNIT.

(Added by O-3535; Amended by O-3815)

An accessory dwelling unit is an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated on. An accessory dwelling unit shall not be rented for a period less than thirty (30) days.

91.2.170 EMERGENCY SHELTER.

(Added by O-3766)

Emergency shelter means a facility that provides immediate and short term housing and supplemental services to homeless persons or families. Supplemental services may include food, counseling, and access to other social programs.

91.2.171 BODY ART.

(Added by O-3783; Amended by O-3784)

"Body art" means body piercing, tattooing, branding, or the application of permanent cosmetics.

91.2.172 BODY ART FACILITY.

(Added by O-3783; Amended by O-3784)

"Body art facility" means the specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area. "Body art facility" does not include a facility that only pierces the ear with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

91.2.173 BODY PIERCING.

(Added by O-3783; Amended by O-3784)

"Body piercing" means the creation of an opening in a human body for purpose of inserting jewelry or other decorations. Body piercing includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue, nose or eyebrow. Body piercing does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

91.2.174 TATTOOING.

(Added by O-3783; Amended by O-3784)

"Tattooing" means the insertion of pigment in human skin tissue by piercing with a needle.

91.2.175 PUBLIC TRANSIT.

(Added by O-3815)

Public transit is a location by which mass transit services can be boarded by any member of the public, such as a light rail station, a regional transit center or a permanent bus stop of publicly operated service providers.

ARTICLE 3 - ESTABLISHMENT OF DISTRICTS

(Added by O-51; Amended by O-63; O-75; O-86; O-228; O-316; O-612; O-791; O-1185)

91.3.1 PURPOSE.

a)    It is hereby declared that in the creation by this Article of the respective classes of districts set forth herein, the City Council has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto, and the necessary, proper and comprehensive grouping and arrangement of the various uses and densities of population in accordance with a well considered plan for the development of the City, and in relation to established plans in adjoining unincorporated areas of the County of Los Angeles, and in the incorporated areas of adjacent municipalities.

b)    The boundaries of such districts as are shown upon the maps adopted by this Article or amendments thereto, are hereby adopted and approved and the regulations of this Division governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said maps.

91.3.2 DISTRICTS ESTABLISHED.

(Amended by O-791; O-1372; O-1422; O-1423; O-1476; O-2819; O-3018)

In order to classify, regulate, construct and segregate the use of land and buildings, to regulate and restrict the height and bulk of buildings, and to regulate the area of yards and other open spaces about buildings, twenty-five (25) classes of districts are hereby established, which said several classes of districts are shown and delineated on that certain series of maps entitled "City of Torrance - Official Land Use Plan" which are hereby adopted and made a part of this Chapter by this reference:

R-1

Single family residence district

R-2

Two family residence district

R-3

Limited multiple family residence district

R-R-3

Restricted multiple family residence district

R-4

Unlimited multiple family residence district

R-5

Highrise residential district

L-P

Limited professional office district

A-1

Light agricultural district

C-1

Retail commercial district

C-2

General commercial district

C-3

Solely commercial district

C-4

Shopping center district

C-5

Conditional commercial district

C-R

Restricted commercial district

 

Civic Center district

M-1

Light manufacturing district

M-2

Heavy manufacturing district

M-L

Limited manufacturing district

P-1

Open area - planting - parking

P-U

Public use district

HMD

Hospital-medical-dental district

RTH

Residential townhouse district

R-H

Hillside and local coastal overly district

P-D

Planned development district

91.3.3 UNCERTAINTY OF BOUNDARIES.

Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

a)    Where district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries;

b)    In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the maps;

c)    In case any further uncertainty exists, the Planning Commission shall interpret the intent of the maps as to the location of such boundaries;

d)    Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

ARTICLE 4 - R-1 SINGLE FAMILY RESIDENTIAL DISTRICT

(Added by O-228; Amended by O-316; O-612; O-791; O-1962; O-2008; O-2009; O-2329; O-2330; O-3283)

91.4.1 PERMISSIBLE USES.

(Amended by O-3453; O-3535; O-3815)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged, which is designed, arranged or intended to be occupied or used for any purpose other than the following:

a)    Single family residence, together with the accessory buildings customary to such use and located on the same lot or parcel of land, including:

1)    Private garage with a capacity not to exceed one thousand (1,000) square feet;

2)    Child’s playhouse;

3)    Buildings for the housing of domestic animals, such animals not to exceed two (2) full grown cats and two (2) full grown dogs in number;

4)    Lath or greenhouse, not operated commercially;

5)    Tool house or workshop, not operated commercially.

b)    Flower and vegetable gardens, orchards, the raising of tree crops, berry or bush crops, for the purpose of propagation and culture, including wholesaling of the crops raised upon the premises; provided, no signs, displays or stands are used in conjunction therewith.

c)    Commercial radio and television antennae, towers and transmitters and auxiliary equipment where located on property owned by the United States, the State, the City, the Torrance Unified School District or other public agency and for which a use permit has been granted in accordance with the provisions of Chapter 5.

d)    Home occupation in a residential unit.

e)    Small family day care home.

f)    Large family day care home subject to approval of a large family day care permit.

g)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

h)    A maximum of one accessory dwelling unit shall be permitted on a R-1 zoned property, or other residentially zoned property, improved with a single-family dwelling, subject to the provisions of this Chapter, and Article 2 of Chapter 2 of this Division (General Provisions).

91.4.2 BUILDING HEIGHT.

(Amended by O-2664; O-2665; O-3254; O-3283)

a)    Except as provided in Section 91.41.7, the maximum building height of a single-story dwelling shall be eighteen (18) feet measured from the lowest portion of the building which is above ground, but not including any berm or raised planter, to the topmost portion of the roof, exclusive of chimneys or vents.

b)    Except as provided in Sections 91.41.7 and 91.4.11, the maximum height of a two-story dwelling shall be twenty-seven (27) feet measured from the lowest portion of the building which is above ground, but not including any berm or raised planter, to the topmost portion of the roof exclusive of chimneys or vents.

c)    The height limitation shall apply to any building or structure for which a building permit is issued on or after October 10, 1989.

d)    Notwithstanding the provisions of Article 22 of Chapter 2 of this Division 9, any building or structure for which a building permit was issued prior to October 10, 1989 may be rebuilt to its original height in the event it is damaged to an extent that the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time the damage occurred; provided, that no new or enlarged portion shall be added to such restored building or structure either as a part of said restoration, or in addition to any such restoration which exceeds the original height.

e)    Notwithstanding the provisions of Article 22 of Chapter 2 of this Division 9, any building or structure for which a building permit was issued prior to October 10, 1989 may be repaired, altered or enlarged; provided, that any such repair, alteration or enlargement shall comply with the provisions of this section.

f)    Notwithstanding the provisions of Article 22 of Chapter 2 of this Division 9, any building or structure for which a precise plan or height waiver has been approved and which has been damaged to an extent that the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time the damage occurred, may be rebuilt or repaired to the height permitted by said precise plan or height waiver.

91.4.3 LOT DIMENSIONS.

(Amended by O-1229; O-2329; O-2330; O-2747; O-3266; O-3283; O-3356)

a)    Except as provided in Section 92.29.31, the minimum lot area shall be one (1) recorded lot or parcel of land not less than six thousand (6,000) square feet in area. Each lot shall be not less than eighty (80) feet in depth. Each interior lot shall have a minimum width of fifty (50) feet. Each exterior lot shall have a minimum width of sixty (60) feet. The width of any lot fronting on a cul-de-sac or on the radius of a curve shall be measured at the building setback line.

b)    In the case of flag lot subdivisions, no portion of the required access easement shall be counted in calculating the minimum area of any lot.

91.4.4 FRONT YARD.

(Amended by O-2329; O-2330; O-2437; O-3283; O-3291; O-3356)

A front yard shall be provided with a depth of twenty (20) feet, provided however that:

a)    Where a portion of a building is set back more than the required twenty (20) feet, an equal amount of the building may project nearer to the front property line, provided that no portion of a building shall be closer than fifteen (15) feet from the front property line, and in no case shall garages which face the street be set back less than twenty (20) feet, thereby creating an average front yard setback.

b)    For purposes of calculating the average setback:

1)    The area comprising the required side yards on either side of the lot shall be excluded;

2)    The average setback shall be measured at the front building line of the main building provided that:

A)    In the case where a portion of the building is set back more than twenty-five (25) feet from the front property line, and in open areas enclosed on not more than two (2) sides, there shall be presumed to be a building line not exceeding a depth of twenty-five (25) feet; and

B)    In the case of a two (2) story dwelling, in which the first and second floors are not an equal distance from the front property line, that portion of the dwelling which is closest to the front property line shall be used as the building line.

c)    In the case of a flag lot subdivision, the front yard shall be calculated as in a) and b) above, but its orientation shall be determined as follows:

1)    The front yard setback of any lot having full width frontage on a public street shall be measured from the line separating the lot from the street;

2)    The front yard of the lot furthest from the public street, shall be oriented in the same direction as that of the front lot; and

3)    In subdivisions which have three (3) or more lots, the front yard of the middle lot(s) shall be oriented toward either the public street or the access easement. In the latter instance, the front yard setback shall be measured from the interior edge of the access easement.

91.4.5 SIDE YARD.

(Amended by O-2437; O-3283; O-3319; O-3356)

Side yard setbacks shall equal ten (10) percent of the width of the lot except:

a)    Interior side yards shall be provided as follows:

1)    No setback shall be required to exceed five (5) feet nor be less than three (3) feet.

2)    Provided, however, that construction may be permitted in any required interior side yard subject to the City and Building Codes and meeting the following conditions:

A)    That the distance between buildings on any two (2) adjacent lots shall not be less than ten (10) percent of the combined widths of the lots.

B)    That the consent of the adjacent property owner shall be recorded as provided in Section 92.6.1

3)    Provided further, however, that if a two-story dwelling is constructed, or in the event an existing dwelling is to be remodeled in such a manner that it falls within the definition provided in Section 231.1.2 of this Code, then each side yard setback shall be ten (10) percent of the width of the lot, but in no event less than three (3) feet.

b)    Exterior side yards shall be not less than ten (10) feet in width.

c)    In the case of a flag lot, the side yard setback shall be measured from the side property line unless there is an access easement located along one or both sides, in which case the side yard setback shall be measured from the interior edge of the access easement.

91.4.6 REAR YARD.

(Amended by O-1852; O-2329; O-2330; O-3283; O-3291; O-3319; O-3356)

Rear yard setbacks shall be provided as follows:

a)    A rear yard shall be provided with an average depth of fifteen (15) feet for a single-story dwelling; provided, however, that no portion of such single-story dwelling shall be built closer than ten (10) feet from the rear property line.

b)    A rear yard shall be provided with an average depth of twenty (20) feet for a two-story dwelling; provided, however, that no portion of such two-story dwelling shall be built closer than fifteen (15) feet from the rear property line.

c)    In the event a single-story dwelling is remodeled in such a manner that a second story is added to the dwelling or any portion thereof, the rear yard setback requirement shall be met in one of the following ways:

1)    If the remodeling will not result in the dwelling being subject to the definition found in Section 231.1.2 of this Code, the average twenty (20) foot setback shall be accomplished in regard to the second story only, as provided in subsection b) of this Section;

2)    If the remodeling will result in the dwelling being subject to the definition found in Section 231.1.2 of this Code, then any portion of the existing building located within the area necessary to provide the required twenty (20) feet average setback shall be removed.

d)    For purposes of calculating the average setback:

1)    The area comprising the side yards on either side of the lot parcel shall be excluded;

2)    The average setback shall be measured at the rear building line of the main building, provided that:

A)    In the case where a portion of the building is set back more than twenty (20) feet from the rear property line for a one (1) story dwelling, and twenty-five (25) feet for a two (2) story dwelling, and in open areas enclosed on not more than two (2) sides, there shall be presumed to be a building line not exceeding a depth of twenty (20) feet for a one (1) story dwelling and twenty-five (25) feet for a two (2) story dwelling; and

B)    In the case of a two (2) story dwelling, in which the first and second floors are not an equal distance from the rear property line, that portion of the dwelling which is closest to the rear property line shall be used as the building line, except as provided in Section 91.4.6.(c)(1) of this Code.

e)    In the case of a flag lot, the rear yard shall be calculated as in a), b), c) and d) above, but for the lot farthest from the public street, the rear yard shall be oriented in the same direction as the front lot.

91.4.7 DISTANCE BETWEEN BUILDINGS.

(Amended by O-1229; O-3283)

No dwelling shall be less than six (6) feet from any accessory building or garage unless such structures are attached by a solid roof at least six (6) feet in width.

91.4.8 ACCESSORY BUILDINGS.

(Amended by O-1229; O-3283; O-3291; O-3319)

In addition to those development standards set forth in Section 92.5.6 the following development standards shall also apply in the R-1 zone:

a)    No accessory building shall exceed fourteen (14) feet in height;

b)    No accessory building shall provide living quarters;

c)    A detached accessory building, located on the rear one-quarter (1/4) of the property may be one (1) foot from the rear property line and one (1) foot from one (1) interior side property line only if the wall adjacent thereto is one (1) hour wall with no openings therein; the side yard setback on the other side shall be no less than ten (10) percent of the width of the rear property line, but in no case less than three (3) feet;

d)    If all setbacks can be met, an accessory building of at least four hundred (400) square feet may be built on any lot or parcel of land, and in addition, any such accessory building may contain an additional area equal to one quarter (1/4) the size of the required rear yard area, provided that no accessory building may exceed seven hundred (700) square feet in area, and provided further that the entire size of any such accessory building shall be counted as part of the Floor Area Ratio for the lot or parcel of land.

91.4.9 MAXIMUM LOT COVERAGE.

(Added by O-2329; O-2330; Amended by O-2437; O-2664; O-2665; O-2747; O-3283; O-3319; O-3356)

The total land area covered by structures, excluding covered patios open on two (2) sides, shall not exceed the following:

a)    For a single-story dwelling, fifty percent (50%) of the lot area;

b)    For a two-story dwelling, forty percent (40%) of the lot area; provided, however, that if a single-story dwelling, occupying more than forty percent (40%) of the lot area is to be remodeled or enlarged by adding a second story, and the remodeling or enlargement does not cause the dwelling to fall within the definition found in Section 231.1.2 of this Code, the dwelling may occupy the existing percentage of lot area; providing, that lot area/coverage does not exceed fifty percent (50%).

c)    In the case of a flag lot, the lot coverage shall be the same as provided in a) and b) above, but for purposes of calculating the gross square foot area of the lot, no portion of required access easement shall be included.

91.4.10 USABLE OPEN SPACE.

(Added by O-2329; 2330; Amended by O-2437; O-2664; O-2665; O-2747; O-3283)

Open space shall constitute not less than one-third (1/3) of the total lot area in one or more areas having minimum dimensions of ten (10) feet by fifteen (15) feet. Open space shall be defined as yards unobstructed from ground to sky, except as provided in Article 5, Chapter 2, Division 9, and excepting covered patios enclosed on not more than two (2) sides.

91.4.11 FLOOR AREA RATIO.

(Added by O-3269; O-3283; O-3356)

a)    Except as provided in this section, no single-family dwelling shall be built, and no single-family dwelling shall be enlarged, modified or remodeled in any way which will result in the dwelling exceeding a floor area to lot area ratio (F.A.R.) of .6 to 1.

b)    In calculating the F.A.R., the methods provided in Section 91.2.82 shall be followed, and the area of any garage shall be included.

c)    In the case of a flag lot, the lot area to be used in the F.A.R. calculation shall include only the buildable lot area, but not including the access easement.

ARTICLE 6 - R-2 TWO FAMILY RESIDENTIAL DISTRICT

(Added by O-791; Amended by O-3243; O-3245)

91.6.1 PERMISSIBLE USES.

(Amended by O-3283; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered, or enlarged which is designed, arranged, or intended to be occupied, for any purpose except the following:

a)    Two (2) single family dwellings or one (1) two family dwelling containing not more than one (1) kitchen per dwelling unit.

b)    Any use permitted in the R-1 zone; provided, that in the event of a single family dwelling is remodeled, that it shall meet the development standards of the R-1 zone.

c)    Home occupation in a residential unit.

d)    Small family day care home.

e)    Large family day care home subject to approval of a large family day care permit.

f)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

91.6.2 BUILDING HEIGHT.

The maximum building height shall be twenty-seven (27) feet, provided, however, that any building proposed to be higher than two (2) stories including any garage located beneath the dwelling unit as a story, shall be subject to the provisions of Chapter 5 of this Division. Height shall be measured from the lowest portion of the building which is above ground, to the topmost portion of the roof.

91.6.3 LOT DIMENSIONS.

(Amended by O-1229)

Except for those lots or parcels legally existing on November 1, 1988, the minimum lot area shall be one (1) recorded lot or parcel of land not less than six thousand (6,000) square feet in area. Each lot shall be not less than eighty (80) feet in depth. Each interior lot shall have a minimum width of fifty (50) feet. Each exterior lot shall have a minimum width of sixty (60) feet. The width of any lot fronting on a cul-de-sac or on the radius of a curve shall be measured at the building setback line.

91.6.4 FRONT YARD.

There shall be a front yard not less than that required in Zone R-1.

91.6.5 SIDE YARD.

(Amended by O-3283)

Side yard setbacks shall be provided as follows:

a)    Interior side yards shall equal ten (10) percent of the width of the lot except:

1)    No setback shall be required to exceed five (5) feet nor be less than three (3) feet;

2)    Provided, however, that construction may be permitted in any required interior side yard subject to the City and Building Codes and meeting the following conditions:

A)    That the distance between buildings on any two (2) adjacent lots shall not be less than ten (10) percent of the combined widths of the lots,

B)    That the consent of the adjacent property owner shall be recorded as provided in Section 92.26.1

b)    Exterior side yards shall be not less than ten (10) feet in width.

91.6.6 REAR YARD.

(Amended by O-3283; O-3318)

a)    Except as provided in subsection (b) of this Section, there shall be a rear yard of not less than ten (10) feet.

b)    In the event the rear property line of a lot or parcel of land zoned R-2 abuts all or a portion of the rear property line of a lot or parcel of land zoned R-1, the rear yard setback of the R-2 lot shall be the same as provided in Section 91.4.6

91.6.7 DISTANCE BETWEEN BUILDINGS.

No detached dwelling or other main building shall be less than ten (10) feet from any other dwelling or main building on the same lot or parcel of land. See Chapter 2, Article 5. No accessory building shall be less than six (6) feet from any dwelling or main building unless attached by a solid roof.

91.6.8 ACCESSORY BUILDINGS.

Accessory buildings may occupy a portion of the required rear yard and the setbacks shall be as regulated in Chapter 2, Article 5.

91.6.9 USABLE OPEN SPACE.

Open space shall constitute not less than one-third (1/3) of the total lot area in one (1) or more areas having minimum dimensions of ten (10) feet by fifteen (15) feet. Open space shall be defined as yards unobstructed from ground to sky, except as provided in Article 5, Chapter 2, Division 9, and excepting covered patios enclosed on not more than two (2) sides.

91.6.10 FLOOR AREA RATIO.

(Amended by O-3283)

a)    No two family dwelling, or two (2) single family dwellings on a single lot shall be built, enlarged, modified or remodeled in any way which will result in the dwellings and any accessory structures on the lot exceeding a floor area to lot area ratio (F.A.R.) of .65 to 1.0 except as provided for in Chapter 5 of this Division.

b)    In calculating the F.A.R., the methods provided in Section 91.2.82 shall be followed; provided, that any garage area shall not be included.

ARTICLE 7 - R-3 LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT

(Added by O-791; Amended by O-1636)

91.7.1 PERMISSIBLE USES.

(Amended by O-3283; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged which is designed, arranged, or intended to be occupied or used for any purpose other than the following:

a)    Any flat building, apartment house, bungalow court, bachelor apartment or garage apartment, together with the allowed accessory buildings located on the same lot or parcel of land;

b)    Schools, colleges and parks, including the usual and customary buildings as provided for in Chapter 5 of this Division;

c)    Churches, temples, or other places used exclusively for religious worship as provided for in Chapter 5 of this Division;

d)    Any use permitted in the R-1 or R-2 zones; provided, however, that in the event a single-family dwelling is constructed, or an existing single-family dwelling is remodeled, it shall meet the development standards of the R-1 zone, and in the event a two-family dwelling is constructed or remodeled, or two (2) single-family dwellings are constructed or remodeled, that they shall meet the development standards of the R-2 zone;

e)    Home occupation in a residential unit;

f)    Small family day care home;

g)    Large family day care home subject to approval of a large family day care permit;

h)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

91.7.2 BUILDING HEIGHT.

(Amended by O-3217)

The maximum building height shall be thirty-five (35) feet; provided however, that any building proposed to be higher than two (2) stories including any garage located beneath the dwelling unit as a story, shall be subject to the provisions of Chapter 5 of this Division. Height shall be measured from the lowest portion of the building which is above ground, to the topmost portion of the roof.

91.7.3 LOT DIMENSIONS.

(Amended by O-1936; O-1937; O-1938)

The minimum lot area shall be one (1) recorded lot or parcel of land not less than six thousand (6,000) square feet in area. Each lot shall be not less than eighty (80) feet in depth. Each interior lot shall have a minimum width of fifty (50) feet. Each exterior lot shall have a minimum width of sixty (60) feet. The width of any lot fronting on a cul-de-sac or on the radius of a curve shall be measured at the building setback line.

91.7.4 FRONT YARD.

(Amended by O-1936; O-1937; O-1938)

There shall be a front yard not less than that required in the R-1 zone provided that where fifty (50) percent or more of the face of a building is set back more than the required distance the remainder may project into the required front yard to within ten (10) feet of the property line; provided, that the total front yard area shall not be less than provided by a uniform twenty (20) foot setback.

A minimum of fifty (50) percent of the total front yard area shall be permanently maintained in landscaping, and provided with a sprinkler system.

91.7.5 REAR YARD.

(Amended by O-1936; O-1937; O-1938; O-3265)

There shall be a rear yard not less than ten (10) feet in depth and such yard shall be level, open and unoccupied; provided, however, that an unoccupied yard ten (10) feet in depth, which qualifies as open space as defined in Section 91.7.11 below is located between a building on the rear of the property and the building on the front of the property may be considered as the required rear yard, excepting that no main building shall be less than five (5) feet from the rear property line.

91.7.6 SIDE YARD.

(Amended by O-3283)

Side yard setbacks shall be provided as follows:

a)    Interior side yards shall equal ten (10) percent of the width of the lot except:

1)    No setback shall be required to exceed five (5) feet nor be less than three (3) feet;

2)    Provided, however, that construction may be permitted in any required interior side yard subject to the City and Building Codes and meeting the following conditions:

A)    That the distance between buildings on any two (2) adjacent lots shall not be less than ten (10) percent of the combined widths of the lots,

B)    That the consent of the adjacent property owner shall be recorded as provided in Section 92.26.1

b)    Exterior side yards shall be not less than ten (10) feet in width.

91.7.7 DISTANCE BETWEEN BUILDINGS.

No detached dwelling or other main building shall be less than ten (10) feet from any other dwelling or main building on the same lot or parcel of land and no accessory building shall be less than six (6) feet from any main building unless attached thereto by a solid roof. See Chapter 2, Article 5.

91.7.8 ACCESSORY BUILDINGS.

Accessory buildings may occupy a portion of the required rear yard and the setbacks shall be as regulated in Chapter 2, Article 5.

91.7.9 LAND AREA PER DWELLING UNIT AND DENSITY.

(Added by O-1936; O-1937; O-1938; Amended by O-2111; O-2307; O-3191; O-3217; O-3283)

The number of dwelling units permitted on any lot, parcel of land or site shall be determined by applying the following factors:

a)    No flat building, apartment house or other residential dwelling shall occupy a site which provides less than sixteen hundred (1,600) square feet of land area per dwelling unit; and

b)    No flat building, apartment house or other residential dwelling shall be built, and no flat building, apartment house or other residential dwelling shall be enlarged, modified or remodeled in any way which will result in the flat building, apartment house or other residential dwellings and any accessory buildings on the lot exceeding a floor area to lot area ratio (F.A.R.) of .6 to 1.0 except as provided for in Chapter 5 of this Division.

c)    In calculating the F.A.R., the methods provided in Section 91.2.82 shall be followed; provided, that any garage area shall not be included.

91.7.10 DRIVEWAY SEPARATION.

(Added by O-1936; O-1937; O-1938)

Where the main entrance to any dwelling unit faces a driveway, a separate walkway shall be provided. Said walkway shall be unobstructed and physically separated from the driveway by a twenty-four (24) inch wide buffer strip permanently maintained in landscaping. The minimum distance between said driveway and the main entrance to any unit shall be ten (10) feet. The minimum distance between said driveway and a secondary entrance shall be five (5) feet.

91.7.11 USABLE OPEN SPACE.

(Added by O-2307; Amended by O-3191; O-3217)

a)    Usable open space shall be provided for each dwelling unit at the ratio of 0.5 square feet of usable open space to one (1) square foot of dwelling unit area as calculated pursuant to Section 92.20.7, but need not exceed six hundred (600) square feet.

b)    Not less than fifty (50) percent of the requirement shall be provided as private usable open space and be directly accessible from the individual dwelling unit. Areas intended for common access shall not qualify as private usable open space.

c)    Balconies and patios to qualify as private usable open space must have a minimum inside dimension of six (6) feet by ten (10) feet.

d)    Yard areas to qualify as open space must have a minimum dimension of ten (10) feet by fifteen (15) feet, be readily accessible to adjacent units, be properly graded with a slope not to exceed five percent (5%), except for ornamentally landscaped areas, and be completely improved for recreation or leisure outdoor activities.

e)    Courtyards to qualify as usable open space must have a minimum area of two hundred (200) square feet times the number of dwelling units and must be a minimum of twenty percent (20%) landscaped with ornamental planting. For developments containing ten (10) or more units, courtyards shall have minimum dimensions of forty (40) feet by one hundred (100) feet. For developments containing fewer than ten (10) units, courtyards shall have a minimum dimension of forty (40) feet.

f)    All usable open space, excluding private patios, balconies and fenced swimming pool areas, shall be surfaced with functional lawn, except for walkways and ornamental planted areas. Yard areas may be surfaced with blacktop or concrete for designated game areas, by approval of the Planning Director.

g)    Front yards or enclosed areas properly improved and designated for recreational purposes may contribute to a maximum of twenty-five (25) percent of the open space requirement.

h)    Specifically excluded as usable open space are all areas devoted to automobiles, such as driveways, parking spaces, aisles, loading zones, etc. Also excluded are storage areas, roof decks, and any area fenced or otherwise inaccessible to tenants. Usable open space may include, but is not limited to the following:

Areas devoted to sports and games

Barbecue and picnic areas

Gardens

Golf courses and putting greens

Hobby areas

Swimming pools

ARTICLE 8 - R-R-3 RESTRICTED MULTIPLE FAMILY RESIDENTIAL DISTRICT

(Added by O-1153)

91.8.1 PERMISSIBLE USES.

(Amended by O-1596; O-3283; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged which is designed, arranged, or intended to be occupied or used for any purpose other than the following:

a)    Any flat building, apartment house, or bachelor apartment, together with the allowed accessory buildings located on the same lot or parcel of land;

b)    Schools, colleges and parks, including the usual and customary buildings;

c)    Churches, temples or other places used exclusively for religious worship;

d)    One (1) or more two-family dwelling units containing no more than one (1) kitchen per dwelling unit; provided, however, that if any two-family dwelling is constructed, or any existing two-family dwelling is remodeled, it shall meet the development standards of the R-2 zone;

e)    Home occupation in a residential unit;

f)    Small family day care home;

g)    Large family day care home subject to approval of a large family day care permit;

h)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

91.8.2 LIMITATIONS

a)    No building, structure or improvement shall be erected, constructed, established, altered or enlarged on any lot until all buildings and structures existing thereon on January 1, 1960, have been removed; provided, however, that a dwelling house may be altered or enlarged if such alteration or enlargement does not increase the occupancy thereof.

b)    No third floor shall be permitted in any building or structure which third floor occupies in excess of sixty-five (65) percent of the total area of the ground floor of such building or structure. The area of the ground floor shall include, but shall not be limited to, the area occupied by any enclosed or partially enclosed lanai, court, breezeway, patios and all attached structures.

91.8.3 BUILDING HEIGHT.

(Amended by 3264)

The maximum building height shall be thirty-five (35) feet; provided, however, that any building proposed to be higher than two (2) stories, including any garage located beneath the dwelling unit as a story, shall be subject to the provisions of Chapter 5 of this Division. Height shall be measured from the lowest portion of the building which is above ground, to the topmost portion of the roof.

91.8.4 FLOOR AREA.

No building shall be erected, constructed, established or maintained that contains less than one thousand four hundred (1,400) square feet of floor area, exclusive of garages, porches, patios and open entrance ways; provided, however, that the provisions of this subsection shall not apply to buildings existing on the same lot on January 1, 1960.

91.8.5 LAND AREA PER DWELLING UNIT.

(Added by O-1938; Amended by O-2111; O-2307)

A flat building, apartment house or other residential dwelling shall not occupy a site which provides less than one thousand six hundred (1,600) square feet of land area per dwelling unit.

91.8.6 FRONT YARD.

(Amended by O-1937; O-1938)

There shall be a front yard as required in the R-3 Zone.

91.8.7 REAR YARD.

There shall be a rear yard area not less than that required in Zone R-3.

91.8.8 SIDE YARD.

a)    Interior side yards, with or without an attached garage, shall each be ten (10) percent of the width of the lot, but in no case shall either side yard be less than three (3) feet in width or be required to be more than five (5) feet in width.

b)    On corner lots the side street setback for all buildings shall be not less than ten (10) feet in width.

c)    Interior side yards for accessory buildings detached from the main dwelling and located on the rear one-third (1/3) of the lot, but not less than sixty (60) feet from the front property line may be less than required for the main dwelling.

91.8.9 DISTANCE BETWEEN BUILDINGS.

A detached dwelling or other main building shall be not less than ten (10) feet distant from any other dwelling or main building on the same lot or parcel of land.

91.8.10 DISTANCE BETWEEN ACCESSORY BUILDINGS.

There shall be no less than six (6) feet between accessory buildings.

91.8.11 DRIVEWAY SEPARATION.

(Added by O-1937; O-1938)

Where the main entrance to any dwelling unit faces a driveway, a separate walkway shall be provided. Said walkway shall be unobstructed and physically separated from the driveway by a twenty-four (24) inch wide buffer strip permanently maintained in landscaping. The minimum distance between said driveway and the main entrance to any unit shall be ten (10) feet. The minimum distance between said driveway and a secondary entrance shall be five (5) feet.

91.8.12 USEABLE OPEN SPACE.

(Added by O-2307)

There shall be useable open space not less than that required in the R-3 zone.

ARTICLE 9 - R-4 UNLIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT

91.9.1 PERMISSIBLE USES.

(Amended by O-1553; O-1636; O-2303; O-3179; O-3283; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure, or improvement shall be erected, constructed, established, altered or enlarged which is designated, or arranged, or intended to be occupied or used, for any purpose other than the following:

a)    Any use permitted in Zone R-3;

b)    Libraries or museums not operated for profit; institutions of an educational or philanthropic nature (except music, dancing and trade schools); provided, that no correctional or mental institutions may be established, maintained or operated; police and fire stations; lodge halls; post offices; railroad and bus passenger stations; telephone exchanges; homes for the aged; boarding homes; homes for children; hospitals in accordance with the procedure set forth in Chapter 5;

c)    Private clubs; provided, however, that any card club as the same is defined in Division 3 of this Code shall be permitted only in the event that a use permit is issued therefor in accordance with the procedure set forth in Chapter 5;

d)    Any use permitted in the R-1 or R-2 zones; provided, however, that in the event a single-family dwelling is constructed, or an existing single-family dwelling is remodeled, it shall meet the development standards of the R-1 zone, and in the event a two-family dwelling is constructed or remodeled, or two (2) single-family dwellings are constructed or remodeled, that they shall meet the development standards of the R-2 zone;

e)    Home occupation in a residential unit;

f)    Small family day care home;

g)    Large family day care home subject to approval of a large family day care permit;

h)    Child day care centers as a conditionally permitted use and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

91.9.2 AUXILIARY USES.

(Amended by O-1553)

The following auxiliary uses are permitted on condition that they do not alter the character of the premises in respect to the uses permitted in Section 91.9.1:

a)    Public dining room or restaurant in connection with and located in a hotel;

b)    The operation of the necessary facilities and equipment in connection with schools, colleges, universities or hospitals;

c)    A news or refreshment stand or restaurant in connection with passenger station;

d)    Recreation or service building in a public park or public playground.

91.9.3 BUILDING HEIGHT.

The maximum building height shall be fifty (50) feet.

91.9.4 LOT DIMENSIONS.

(Amended by O-1937; O-1938)

The minimum lot area shall be one (1) recorded lot or parcel of land not less than six thousand (6,000) square feet in area. Each lot shall be not less than eighty (80) feet in depth. Each interior lot shall have a minimum width of fifty (50) feet. Each exterior lot shall have a minimum width of sixty (60) feet. The width of any lot fronting on a cul-de-sac or on the radius of a curve shall be measured at the building setback line.

91.9.5 FRONT YARD.

(Amended by O-1937; O-1938)

There shall be a front yard as required in R-3 zone.

91.9.6 SIDE YARD.

(Amended by O-3283)

For dwellings not over two (2) stories in height, the width of side yards shall be not less than that required in Zone R-3. For dwellings over two (2) stories in height, the width of the side yard shall be increased one (1) foot for each additional story above the second floor; provided, however, that such side yard need not exceed five (5) feet in width; and provided further, that the side street setback on a corner lot need not be over ten (10) feet in width.

91.9.7 REAR YARD.

There shall be a rear yard not less than that required in Zone R-3.

91.9.8 DISTANCE BETWEEN BUILDINGS.

The minimum distance between buildings shall not be less than that required in Zone R-3.

91.9.9 Repealed by O-3179.

91.9.10 LAND AREA PER DWELLING UNIT.

(Added by O-1938; O-2111; O-2307)

A flat building, apartment house or other residential dwellings shall not occupy a site which provides less than one thousand (1,000) square feet of land area per dwelling unit.

91.9.11 DRIVEWAY SEPARATION.

(Added by O-1937; O-1938)

Where the main entrance to any dwelling unit faces a driveway, a separate walkway shall be provided. Said walkway shall be unobstructed and physically separated from the driveway by a twenty-four (24) inch wide buffer strip permanently maintained in landscaping. The minimum distance between said driveway and the main entrance to any unit shall be ten (10) feet. The minimum distance between said driveway and a secondary entrance shall be five (5) feet.

91.9.12 USEABLE OPEN SPACE.

(Added by O-2307)

For any multiple residence there shall be provided a minimum of three hundred (300) square feet of useable open space per dwelling unit, provided:

a)    That each two (2) square feet of balconies shall count as three (3) square feet toward the useable open space requirement to a maximum of one hundred fifty (150) square feet and each two (2) square feet of private patios shall count as three (3) square feet to a maximum of three hundred (300) square feet, when the minimum inside dimensions are six (6) feet by ten (10) feet.

b)    Courtyards to qualify as useable open space must have a minimum dimension of thirty (30) feet and be fifty (50) percent landscaped unless improved with a swimming pool in which case the minimum dimension shall be forty (40) feet and the required landscaping reduced to twenty (20) percent, or in the case of other recreational facilities, landscaping requirements may be reduced at the discretion of the Planning Director.

c)    Roof decks may contribute up to thirty-three and three-tenths (33.3) percent of the useable open space requirement when they are open and easily accessible, aesthetically surfaced and provided with active recreational equipment or outdoor leisure furniture and ornamental effects, and have a minimum dimension of thirty (30) feet.

d)    Yard areas to qualify as open space must have a minimum dimension of fifteen (15) feet, be readily accessible to adjacent units, be properly graded with a slope not to exceed five (5) percent except for ornamentally landscaped areas, and be completely improved for recreation or leisure outdoor activities.

e)    Enclosed areas properly improved and designated for recreational purposes may contribute to a maximum of twenty-five (25) percent of the open space requirement.

f)    Specifically excluded as useable open space are all areas devoted to automobiles, such as driveways, parking spaces, aisles, loading zones, etc. Also excluded are storage areas, and any area fenced or otherwise inaccessible to tenants. Useable open space may include, but is not limited to the following:

Areas devoted to sports and games

Barbecue and picnic areas

Gardens

Golf courses and putting greens

Hobby areas

Swimming pools

Recreation rooms, gyms, etc.

91.9.13 PLAN REVIEW.

(Added by O-2307)

The Planning Commission shall review the plans of development for residential uses in the R-4 zone for location and design of buildings, open space, parking and circulation, for provision of amenities appropriate to the needs of an adult community, and for compatibility with the neighborhood in which such use or uses are located.

ARTICLE 10 - R-P RESIDENTIAL PROFESSIONAL DISTRICT

(Added by O-1423; Amended by O-1534)

91.10.1 PERMISSIBLE USES.

(Amended by O-2478; O-2622; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged, which is designed, or arranged, or intended to be occupied or used, for any purpose other than the following:

a)    Any use permitted in Zone R-4, except that no building site may be used simultaneously for residential and professional or residential or commercial uses unless a conditional use permit shall have been obtained therefor as hereinafter provided in Chapter 5 and except that single-family development shall be subject to Planning Commission review.

b)    Home occupation in a residential unit.

c)    Small family day care home.

d)    Large family day care home subject to approval of a large family day care permit.

e)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

f)    The following professional offices:

Accountants

Advertising agency offices

Attorneys

Barber and beauty shops

Dispensing pharmacies, selling drugs and medicine by prescription

Economic consultants

Engineers, architects, surveyors, planners and designers

Insurance agents

Physicians and surgeons, dentists, optometrists, chiropractors and others licensed by the State of California to practice the healing arts

Real estate offices

Studios for interior decorators, photographers, tailors, seamstresses, artists and draftsmen

Telephone answering services

Travel agencies

Typing and addressing services

Accessory buildings, structures and uses

91.10.2 LAND AREA PER DWELLING UNIT.

(Amended by O-1940; O-2307)

A flat building, apartment house or other residential dwelling shall not occupy a site which provides less than one thousand six hundred (1,600) square feet of land area per dwelling unit.

91.10.3 BUILDING HEIGHT.

The maximum building height limit shall be not greater than that permitted in Zone R-1.

91.10.4 FRONT YARD.

(Amended by O-1937; O-1938)

There shall be a front yard of not less than ten (10) feet; provided, however, that for residential uses there shall be a front yard as required in the R-3 zone.

91.10.5 SIDE YARD.

There shall be side yards not less than those required in Zone R-3.

91.10.6 REAR YARD.

No minimum rear yard depth is required, except that any residence, apartment house, or hotel shall have a rear yard of not less than ten (10) feet in depth. A ten (10) foot rear yard shall be required at the outermost rear area for through lots.

91.10.7 DISTANCE BETWEEN BUILDINGS.

The minimum distance between buildings shall be as required by the Building Code of the City, but for any apartment house, or hotel the minimum distance between buildings shall be not less than that required in Zone R-3.

91.10.8 RESTRICTION ON USE.

(Added by O-1875; Amended by O-3179)

No building, structure or improvement shall be used for commercial purposes on any lot until all buildings, used or designed or constructed to be used for residential purposes, and accessory structures existing thereon have been removed, unless a conditional use permit therefor has been obtained.

91.10.9 DRIVEWAY SEPARATION.

(Added by O-1937; O-1938)

Where the main entrance to any dwelling unit faces a driveway, a separate walkway shall be provided. Said walkway shall be unobstructed and physically separated from the driveway by a twenty-four (24) inch wide buffer strip permanently maintained in landscaping. The minimum distance between said driveway and the main entrance to any unit shall be ten (10) feet. The minimum distance between said driveway and a secondary entrance shall be five (5) feet.

91.10.10 LOT DIMENSIONS.

(Added by O-2111)

The minimum lot area shall be one (1) recorded lot or parcel of land not less than six thousand (6,000) square feet in area. Each lot shall be not less than eighty (80) feet in depth. Each interior lot shall have a minimum width of fifty (50) feet. Each exterior lot shall have a minimum width of sixty (60) feet. The width of any lot fronting on a cul-de-sac or on the radius of a curve shall be measured at the building setback line.

91.10.11 USEABLE OPEN SPACE.

(Added by O-2307)

There shall be a useable open space not less than that required in the R-3 zone for residential uses.

91.10.12 PLANNING COMMISSION REVIEW.

(Added by O-2965; O-2967)

a)    That in order to provide for the orderly and harmonious development of the area and that any such proposed developments will enhance the commercial development of the area so as to increase the taxable value of real property and sales tax return to the City and so that such proposed developments will maintain the stability and value of the property as a desirable commercial area and so that traffic in the area is properly managed to minimize hazard and congestions, the Planning Commission shall review all plans of development in the R-P zone. The Commission shall approve plans only after finding that the proposed development will not adversely affect the orderly and harmonious development of the area and the general welfare of the City; otherwise, such plans shall be disapproved. In making such findings, the Commission shall consider, among other factors the following:

1)    Dimensions, shape and orientation of the parcel;

2)    Placement of buildings and structures on the parcel;

3)    Height, bulk and area of structures;

4)    Setbacks;

5)    Placement, height and direction of illumination of light standards;

6)    Location and design of parking and loading facilities;

7)    Landscaping;

8)    Design of interior traffic circulation, including placement of points of ingress and egress;

9)    Location, height and materials used for walls, fences and other barricades;

10)    Location and method of screening trash and storage areas, roof equipment, pipes, vents, utility equipment, and all equipment not contained in the main buildings of the development;

11)    Signing;

12)    Such other information which the Planning Commission may require to make the necessary findings that the provisions of this Code are being complied with.

b)    Upon receipt of the complete application, the Planning Director shall send to the owners of adjacent residential properties, a notice of the time and place where the application will be considered by the Planning Commission. Said notices shall be sent not less than ten (10) days prior to the Planning Commission meeting.

c)    If the plans are approved, the Commission may impose thereon such other conditions as they may deem appropriate to effectuate the purpose of the Official Land Use Plan and the best interests of the City. Such conditions may include but are not limited to:

1)    Avigation easements;

2)    Dedication of land for access purposes;

3)    Payment, in whole or in part, for traffic regulating devices;

4)    Such other conditions as the Planning Commission may deem necessary to effectuate the proper development of the property and surrounding area and insure compliance with the Official Land Use Plan of the City.

d)    The provisions of this Section shall apply to all new development and to any renewal of use of a structure in the R-P zone which has been unused for ninety (90) days prior to the proposed date of renewal of use.

ARTICLE 11 - R-5 HIGH RISE RESIDENTIAL DISTRICT

(Added by O-1871)

91.11.1 PERMISSIBLE USES.

(Amended by O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged which is designed, arranged, or intended to be occupied or used for any purpose other than the following:

a)    Multiple family dwellings;

b)    Accessory structures and uses customarily incidental to the above uses, located on the same lot, not to exceed one (1) story in height except as otherwise permitted by conditional use permit or precise plan;

c)    Home occupation in a residential unit.

91.11.2 SIGNS.

The following standards shall apply and are not superseded by any other provision of this Code unless specifically so stated. Where a conflict occurs between the provisions of this Section and any other provision of this Code the more restrictive provision shall govern:

a)    Wall signs:

1)    Wall signs may cover a maximum of ten (10) percent of the wall panel area where the sign is located, not to exceed forty (40) square feet in area.

2)    Wall signs not painted on an exterior wall shall be of rigid materials other than paper or cloth.

3)    Name plates, identification signs and notices, not exceeding one (1) square foot in area, may be used not to exceed three (3) in number for any one (1) occupancy.

4)    Wall signs shall require a permit.

5)    Wall signs shall not project above the apparent flat roof or eave line.

b)    Ground signs:

1)    The face area of any ground sign shall not exceed forty (40) square feet.

2)    The height of any ground sign shall not exceed twenty-five (25) feet.

3)    Ground signs may be used for identification and only state the name and address of the development.

4)    Only one (1) ground sign per site ownership shall be permitted.

5)    Ground signs shall require a permit.

c)    Temporary signs:

1)    Signs for the sale, lease or rental of property.

A)    The total face area of any sign shall not exceed twelve (12) square feet and if detached from a building shall not exceed ten (10) feet in height.

B)    Only one (1) sign per street facing shall be used.

C)    No sign shall extend above eave line, parapet wall, or apparent flat roof line.

D)    The sign shall relate only to the property where erected.

E)    The sign shall be removed within thirty (30) days after the sale, lease or full rental of the property.

F)    One (1) open house sign, a maximum of three (3) square feet in area and four (4) flags may be displayed during the hours a unit is open to the public, and no off-site open house signs or flags may be displayed.

2)    Temporary construction signs identifying the building may be erected at the location, stating information as to the architect(s), engineer(s), contractor(s), and subcontractor(s) working on the project.

A)    One (1) sign structure for each six hundred (600) feet of street frontage or part thereof may be used.

B)    No construction sign may be erected before a building permit and/or business license is issued.

C)    Such sign shall be removed within thirty (30) days from the issuance of a certificate of occupancy or after a building permit expires.

D)    The total area of temporary signs for any one (1) street facing shall not exceed one hundred (100) square feet in area and may not exceed ten (10) feet in height.

d)    Sign standards:

1)    All permanent signs permitted in the R-5 zone shall be subject to the review and approval of the Planning Director pursuant to the policy of the Planning Commission regarding the compatibility of the sign to the architectural design of the building, the proportion of the sign to the wall area, the location of the sign on the premises, and the determination that the sign is not dissimilar to existing signs in general use within the area.

2)    Any sign which exceeds any standards set forth above may be appealed to the Planning Commission in the same manner and for the same fee as required for a waiver application.

91.11.3 SPECIAL USES.

(Amended by O-3453)

a)    The following uses shall be permitted subject to the grant of a conditional use permit:

1)    Public parks and playgrounds;

2)    Public schools;

3)    Public libraries and museums;

4)    Fire stations;

5)    Churches and schools;

6)    Senior citizen developments which do not meet the requirements of this Article;

7)    Small service commercial facilities designed for the convenience and custom of the residents of the development only, including but not limited to, a beauty shop, barber shop, sports shop, retail pickup and delivery cleaners, coffee shop, and restaurant;

8)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

b)    The Commission shall use the following criteria in making decisions regarding commercial facilities:

1)    The shop or store shall not be visible from the street, and any identification visible from the street indicating its presence should be minimal and in keeping with the residential character of the area; and

2)    Shops and stores, with the exception of a restaurant, shall be no more extensive than is necessary to serve the building(s); and

3)    No advertising of these facilities in any publication, or any other communication media, with the exception of a restaurant shall be permitted.

91.11.4 BUILDING HEIGHT.

The building height shall be regulated by the Building Code of the City of Torrance.

91.11.5 MINIMUM UNIT SIZE.

a)    All units shall have kitchens. A kitchen is any separate area used or intended or designed to be used for cooking or the preparation of food, and shall include provisions for or inclusion of a refrigerator, oven, burners and sink.

b)    No unit shall be less than seven hundred (700) square feet inside area except bachelor apartments (without separate bedrooms) which shall be not less than five hundred (500) square feet in area.

91.11.6 MINIMUM REQUIRED REAR AND SIDE YARDS.

No structure in the R-5 zone shall be closer than thirty (30) feet to the rear or side property lines. For every story above ten (10) stories, an additional foot of setback per story shall be required. Where a project parcel abuts an approved public open space (See Section 91.11.10.(b)), the additional foot of setback per story above ten (10) stories shall not be required. Where there is more than one (1) residential structure on the premises, said residential structures may be no closer than sixty (60) feet from each other, except for structures less than thirty-five (35) feet in height which may be close as thirty (30) feet. For every story above ten (10) stories on any of the buildings, an additional one (1) foot separation between residential buildings shall be required.

91.11.7 CONNECTING BUILDINGS.

For buildings arranged around three (3) sides or two (2) opposite sides of a court or yard, the width of the court or yard shall be no less than sixty (60) feet on any side. For every story above ten (10) on any of the buildings, an additional one (1) foot separation between the buildings shall be required.

91.11.8 HEIGHT CONTROL PLANE AND ANGLE OF LIGHT.

a)    These regulations shall supersede those normally referred to as front yard setbacks and street side yard setbacks.

b)    There shall be a twenty (20) foot minimum setback from all street property lines; provided, however, that on the street fronts of the building and/or structure no point shall project into an imaginary plane established by an angle of sixty (60) degrees as projected from any point along the centerline of the street to any one (1) street front of the building and/or structure. The width of the street shall be calculated on the basis of the existing width of the right-of-way or the future width if a wider right-of-way has been adopted through a Master Plan.

c)    The minimum required setbacks shall be determined by the following formula:

1)    To find minimum setbacks for a building where the proposed height is known:

Proposed Height (in feet) 1.73 (cotangent of 60 deg)

=

Setback as measured from centerline of street

2)    To find permitted building height maximum if the setback is known:

Setback (from centerline of street) x 1.73 = Height in feet.

91.11.9 PARCEL RESTRICTIONS.

a)    At the time of development of a project the parcel shall have a minimum area of one (1) acre and have dimensions of at least two hundred (200) feet average width and two hundred (200) feet average depth.

b)    Parcels having less than the minimum size may be improved with one (1) single family dwelling, providing that all the requirements of the R-1 zone are met and a conditional use permit is granted by the Planning Commission.

c)    Lot splits or subdivisions not meeting the minimum requirements as stated in subsection a) hereinabove may not be granted on properties in this zone, except for condominiums wherein the subdivision applies only to units within the structure(s).

91.11.10 FLOOR AREA RATIO.

a)    Floor Area. The floor area of a building shall be the sum of the areas for residential use on the several floors of a building or buildings measured from the exterior faces of the exterior walls. This shall include basement or lowest story to the extent used for residential purposes. It does not include the following:

1)    Halls, lobbies, stairways and elevator shafts;

2)    Any uncovered terrace, patio, atrium, porch or balcony;

3)    Any special purpose area for common use of all occupants such as recreation, library or infirmary;

4)    Any garage or carport; and

5)    Any area used for major mechanical equipment.

b)    Site Area. The site area to be used in calculating the allowable floor area and counted in the open space requirements shall include the following:

1)    Legally defined parcel; plus

2)    One-half (1/2) of any abutting alley or street right-of-way; plus

3)    One-half (1/2) of any abutting beneficial public open space with reasonable expectancy of perpetuating (such as a public green area or a park) as determined and approved by the Planning Commission. Except, provided, however that any abutting public open space included in the site shall not exceed a depth in linear feet of:

1 to 6 stories

-

60 feet

6 to 12 stories

-

70 feet

12 to 24 stories

-

80 feet

c)    Floor Area Ratio. The floor area ratio (F.A.R.) is the total floor area of a building or buildings on a building site, divided by the gross of the site area.

(Floor Area)

(Site Area)

91.11.11 MAXIMUM PERMITTED FLOOR AREA RATIO PER STORY.

 

Ht. of Prin.Bldg. in Stories

Maximum F.A.R.

1

.13

2

.26

3

.39

4

.52

5

.65

6

.78

7

.91

8

1.04

9

1.17

10

1.30

11

1.43

12

1.56

13

1.69

14

1.82

15

1.95

16

2.08

17

2.21

18

2.34

19

2.47

20

2.60

21

2.73

22

2.86

23

2.99

24

3.12

91.11.12 PERMITTED FLOOR AREA.

The permitted floor area for a structure shall be equal to the maximum permitted floor area per story (F.A.R.), multiplied by the site area (permitted floor area = F.A.R. x Site Area).

91.11.13 OPEN SPACE RATIO.

The Open Space Ratio shall be the minimum square footage of open space required for each square foot of floor area used for residential purposes (open space ratio x floor area). Open space shall include all uncovered outdoor areas, such as streets within the development, parking, lawn, patios, recreation, as well as usable roofs (improved and suitably landscaped so that people may use them).

Ht. of Prin. Bldg. in Stories

Open Space Ratio (Sq.Ft. Open Space per Sq. Ft. Floor Area)

1

6.00

2

2.60

3

1.60

4

1.20

5

1.00

6

.87

7

.76

8

.67

9

.59

10

.52

11

.47

12

.43

13

.40

14

.38

15

.36

16

.34

17

.33

18

.32

19

.31

20

.30

21

.29

22

.28

23

.27

24

.26

91.11.14 LIVABILITY SPACE.

Livability space shall be that portion of the open space which must be used for people, planting and visual appeal. The livability space shall exclude areas devoted to the automobile. The following criteria must be met for this livability space:

a)    The space shall be consistent with the character of the site and its location in reference to the anticipated community pattern;

b)    The space shall be adequate for exterior property attractiveness needed for long-term marketability and maintained as such;

c)    The space shall be adequate for outdoor living space for the occupants; and

d)    Of all space allocated to "open space," sixty-five (65) percent shall consist of living space as herein described.

91.11.15 RECREATION SPACE.

Recreational facilities shall be used for outdoor active recreation. Typical recreational use areas shall consist of swimming pools, playgrounds, tennis courts and shuffleboard. Eleven (11) percent of the open space required shall consist of recreation areas as herein described.

91.11.16 OFF-STREET PARKING.

There shall be provided:

a)    Two (2) parking spaces per unit;

b)    One (1) guest space for every five (5) units;

c)    No surface parking within twenty (20) feet of any residential building; and

d)    All other standards in the existing off-street parking regulations as provided for in Chapter 3 of this Division.

91.11.17 UNDERGROUND UTILITIES.

All utility lines on the site shall be underground.

91.11.18 LANDSCAPING.

a)    A complete landscaping plan shall be submitted for approval to the Planning Commission, listing the plants alphabetically, and a key number shall be assigned each plant to be used in locating the plants on the plan. The landscaping plan shall include the following:

1)    Botanical and common names of the plants to be used;

2)    Sizes of plants to be used;

3)    Quantity of each plant to be used; and

4)    The spacing and design.

b)    All landscaping shall be permanently maintained.

c)    There shall be provided an automatic sprinkler system.

91.11.19 TRASH AND SERVICE AREAS.

a)    Designated trash areas shall be required and shown on all plans.

b)    The trash areas shall be enclosed and not visible from the streets.

c)    The trash areas shall be accessible to trash trucks.

d)    Service and delivery areas shall be provided for all buildings and be so located as to be unobtrusive to the entrance area and convenient to service people and the residents.

ARTICLE 12 - LP - LIMITED PROFESSIONAL OFFICE DISTRICT

(Added by O-2281)

91.12.1 PURPOSE.

This district is intended to provide a zone for offices and professional services characterized by low volume customer contact. Furthermore, it is intended to encourage development compatible with surrounding or abutting residential districts by requiring suitable open space and landscaping.

91.12.2 PERMISSIBLE USES.

No building, structure, improvement or premises shall be used and no building, structure or improvement shall be erected, constructed, altered or enlarged in the Limited Professional Office Zone which is designed, arranged or intended to be used for any purpose other than the following:

a)    Offices for

Accountant

Advertising agency

Appraiser

Architect

Attorney

Consultant parlors (any field)

Credit bureau

Designer

Engineer

Estate planners

Insurance agency

Investment brokers

Real estate and escrow agency

Surveyor

Telephone answering service

b)    Offices permitted by Conditional Use Permit:

Collection agency

Contractors office

Dental laboratory

Dentist

Employment agency (private)

Interior decorating studio

Manufacturer’s representative

Photography studio

Physicians and surgeons, chiropractors, optometrists, physical therapists, podiatrists, and others licensed by the State of California to practice the healing arts

Private police, detective and security agencies

Public relations agency

Secretarial and typing service (no mailing)

Theatrical agency (no auditioning)

Travel agency

Other service uses with no sale of merchandise from the premises, for which customer contact is minimal

91.12.3 BUILDING HEIGHT.

The maximum building height shall be thirty-five (35) feet; however, any structure more than one (1) story in height shall be reviewed by the Planning Commission.

91.12.4 FRONT YARD.

There shall be a front yard of a depth not less than the average depths of the front yards of the lots adjacent on either side; provided, however, that no front yard shall be less than ten (10) feet. Such yard shall be fully landscaped. There shall be no parking or other use, except access drives or walks, made of the required front yard. Exceptions to this Section shall require an approved Conditional Use Permit.

91.12.5 SIDE YARD.

(Amended by O-3283)

Side yard setbacks shall be provided as follows:

a)    Interior side yards shall equal ten (10) percent of the width of the lot except:

1)    No setback shall be required to exceed five (5) feet nor be less than three (3) feet;

2)    Provided, however, that construction may be permitted in any required interior side yard subject to the City and Building Codes and meeting the following conditions:

A)    That the distance between buildings on any two (2) adjacent lots shall not be less than ten (10) percent of the combined widths of the lots,

B)    That the consent of the adjacent property owner shall be recorded as provided in Section 92.26.1

b)    Exterior side yards shall not be less than ten (10) feet in width.

91.12.6 REAR YARD.

The minimum required setback from an adjacent residential use or residential district at the rear of the property shall be determined by the following formulae:

1)    To find minimum setbacks for a building where the proposed height is known:

Proposed height of building in feet 1.73 (cotangent of 60)

=

Setback required from residential property line

2)    To find permitted building height maximum if setback is known:

Setback from residential property line x 1.73 = Height of building in feet

91.12.7 RESTRICTION ON USE.

No building, structure or improvement shall be used on any lot until all buildings, used, designed or constructed to be used for residential purposes and accessory structures existing thereon have been removed, unless a Conditional Use Permit has been obtained.

91.12.8 SIGNS.

All signs shall conform to the Sign Ordinance. (Section 88.1.1.)

91.12.9 BUILDING SIZE.

No building exceeding four thousand (4,000) square feet in floor area shall be constructed without the approval of the Planning Commission. When reviewing oversize buildings, the Commission shall establish that the architectural and general appearance of buildings and grounds shall be in keeping with the character of the neighborhood and shall not be detrimental to the public health, safety and general welfare of the community in which the use or uses are located.

91.12.10 DISTANCE BETWEEN BUILDINGS.

No building shall be less than ten (10) feet from any other main building on the same lot or parcel. No accessory building shall be less than six (6) feet from any main building unless attached by a solid roof.

91.12.11 DEVELOPMENT STANDARDS.

a)    Any lighting provided shall be directed away from all surrounding land uses and public rights-of-way.

b)    All roof and wall appurtenances, such as ducts and vents, all mechanical equipment, electrical boxes, meters, pipes, transformers, etc. shall be completely screened from public view with materials compatible with the main buildings on the subject property, and such equipment shall be constructed in such a manner that noises emanating from them shall not be discernible beyond the subject property lines.

c)    All trash, loading and storage areas shall be enclosed with substantial materials architecturally compatible with the main buildings and located so as not to be visible from any public rights-of-way or neighboring areas. All openings in trash areas shall be readily accessible to collection vehicles and shall be equipped with solid gates large enough that standard size commercial trash containers may easily be rolled inside and that said containers be kept inside the enclosure at all times.

d)    Any pickup, delivery and parking lot sweeping shall be allowed only between 7:00 A.M. and 10:00 P.M. and that loading operations or trash pickup shall not be permitted on any street or alley which also serves residential uses.

ARTICLE 13 - R-3-3 THREE-UNIT MULTIPLE-FAMILY RESIDENTIAL DISTRICT

(Added by O-3190)

91.13.1 PERMISSIBLE USES.

(Amended by O-3283; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged which is designed, arranged, or intended to be occupied or used for any purpose other than the following:

a)    Any flat building, apartment house or bachelor apartment, together with the allowed accessory buildings located on the same lot or parcel of land;

b)    Any use permitted in the R-1 zone or R-2 zone; provided, however, that in the event a single-family dwelling is constructed, or an existing single-family dwelling is remodeled, it shall meet the development standards of the R-1 zone, and in the event a two-family dwelling is constructed or remodeled, or two (2) single-family dwellings are constructed or remodeled that they shall meet the development standards of the R-2 zone;

c)    Home occupation in a residential unit;

d)    Small family day care home;

e)    Large family day care home subject to approval of a large family day care permit.

91.13.2 BUILDING HEIGHT.

The building height shall be the same as in the R-3 Zone.

91.13.3 LOT DIMENSIONS.

The lot dimensions shall be the same as in the R-3 Zone.

91.13.4 FRONT YARD.

The front yard shall be the same as in the R-3 Zone.

91.13.5 REAR YARD.

The rear yard shall be the same as in the R-3 Zone.

91.13.6 SIDE YARD.

(Amended by O-3283)

Side yard setbacks shall be provided as follows:

a)    Interior side yards shall equal ten (10) percent of the width of the lot except:

1)    No setback shall be required to exceed five (5) feet nor be less than three (3) feet;

2)    Provided, however, that construction may be permitted in any required interior side yard subject to the City and Building Codes and meeting the following conditions:

A)    That the distance between buildings on any two (2) adjacent lots shall not be less than ten (10) percent of the combined widths of the lots,

B)    That the consent of the adjacent property owner shall be recorded as provided in Section 92.26.1

b)    Exterior side yards shall be not less than ten (10) feet in width.

91.13.7 DISTANCE BETWEEN BUILDINGS.

The distance between buildings shall be the same as in the R-3 Zone.

91.13.8 ACCESSORY BUILDINGS.

Accessory buildings may occupy any portion of the required rear yard and the setbacks shall be as regulated in Chapter 2, Article 5.

91.13.9 LAND AREA PER DWELLING UNIT AND DENSITY.

(Amended by 3235; O-3283)

The number of dwelling units permitted on any lot, parcel of land or site shall be determined by applying the following factors:

a)    No flat building, apartment house or other residential dwelling shall occupy a site which provides less than one thousand six hundred (1,600) square feet of land area per dwelling unit; and

b)    No flat building, apartment house or other residential dwelling shall be built, and no flat building, apartment house or other residential dwelling shall be enlarged, modified or remodeled in any way which will result in the flat building, apartment house or other residential dwellings and any accessory buildings on the lot exceeding a floor area to lot area ratio (F.A.R.) of .6 to 1.0.

c)    In calculating the F.A.R., the methods provided in Section 91.2.82 shall be followed; provided, that any garage area shall not be included.

d)    The number of off-street parking spaces shall be provided in accordance with the provisions of Section 93.2.3; and

e)    No lot or parcel of land shall contain more than three (3) dwelling units.

91.13.10 DRIVEWAY SEPARATION.

The driveway separation shall be the same as in the R-3 Zone.

91.13.11 USEABLE OPEN SPACE.

(Amended by O-3235)

The useable open space shall be the same as in the R-3 Zone.

91.13.12 STORAGE AREA.

Each dwelling unit shall contain not less than two hundred (200) cubic feet of lockable storage area in the garage or immediately adjacent thereto.

ARTICLE 15 - A-1 LIGHT AGRICULTURAL DISTRICT

(Added by O-791; Amended by O-1311; O-1489; O-1505)

91.15.1 PERMISSIBLE USES.

(Amended by O-1636; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged, which is designed, changed or intended to be occupied or used for any purpose other than the following:

a)    Single-family residence, together with the accessory buildings customary to such use and located on the same lot or parcel of land, including:

1)    Private garage with a capacity not to exceed eight hundred (800) square feet;

2)    Accessory living quarters, guest house, servants quarters, rumpus rooms, playroom as defined herein;

3)    Child’s playhouse;

4)    Buildings for the housing of domestic animals, such animals not to exceed two (2) full grown cats and two (2) full grown dogs in number;

5)    Buildings for housing two (2) privately owned riding horses, provided that no animal be housed or maintained less than thirty-five (35) feet from any window or door of any residence or other building used for the habitation of human beings;

6)    Lath or greenhouse, not operated commercially;

7)    Tool house or workshop, not operated commercially.

b)    Flower and vegetable gardens, orchards, the raising of tree crops, berry or bush crops, for the purpose of propagation and culture, including wholesaling of the crops raised upon the premises.

c)    One (1) temporary stand for the display and sale of the products of any of the above permitted uses produced upon the premises upon which such stand is located and placed not less than twenty (20) feet from any street or highway on which such property fronts.

d)    One (1) unlighted single- or double-faced sign, located not nearer than ten (10) feet to any street or highway upon which such property fronts, provided such sign does not exceed twelve (12) square feet in area per face, and pertains only to the sale, lease or hire of the premises or of the products produced upon the premises; provided, however, that such signs shall otherwise be erected and maintained in compliance with the provisions of the Code of the City of Torrance regulating signs.

e)    Home occupation in a residential unit.

f)    Small family day care home.

g)    Large family day care home subject to approval of a large family day care permit.

h)    Child day care centers as a conditionally permitted use in conjunction with churches and schools only and subject to the provisions of Article 3 of Chapter 5, Conditional Use Permits.

i)    Schools as provided for in Chapter 5.

91.15.2 BUILDING HEIGHT AND RESTRICTION ON IMPROVEMENT.

(Amended by 3263)

a)    Except as provided in Section 91.15.7, the maximum building height shall be twenty-seven (27) feet measured from the lowest portion of the building which is above ground, but not including any berm or raised planter, to the topmost portion of the roof, exclusive of chimneys or ventilators.

b)    This height limitation shall apply to any building or structure for which a building permit is issued on or after April 1, 1989.

c)    Notwithstanding the provisions of Article 22 of Chapter 2 of this Division 9, any building or structure for which a building permit was issued prior to April 2, 1989 may be rebuilt to its original height in the event it is damaged to an extent that the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time the damage occurred, provided that no new or enlarged portion shall be added to such restored building or structure either as a part of said restoration, or in addition to any such restoration which exceeds the original height.

d)    Notwithstanding the provisions of Article 22 of Chapter 2 of this Division 9, any building or structure for which a building permit was issued prior to April 1, 1989 may be repaired, altered or enlarged provided that any such repair, alteration or enlargement shall comply with the provisions of this Section.

e)    Notwithstanding the provisions of Article 22 of Chapter 2 of this Division 9, any building or structure for which a precise plan or height waiver has been approved and which has been damaged to an extent that the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time the damage occurred, may be rebuilt or repaired to the height permitted by said precise plan or height waiver.

91.15.3 LOT DIMENSIONS.

The minimum lot area shall be one (1) recorded lot or parcel of land not less than six thousand (6,000) square feet in area. Each lot shall be not less than eighty (80) feet in depth. Each interior lot shall have a minimum width of fifty (50) feet. Each exterior lot shall have a minimum width of sixty (60) feet. The width of any lot fronting on a cul-de-sac or on the radius of a curve shall be measured at the building setback line.

91.15.4 YARDS AND DISTANCES BETWEEN BUILDINGS.

a)    There shall be yards not less in depth or width than required for dwellings in Zone R-1.

b)    Buildings and structures, other than dwellings and accessory buildings incidental to such dwellings, shall be not less than fifty (50) feet from a property line of any street or highway, public park or school property, or any area in Zones R-1, R-2 and R-3, upon which the property adjoins in any direction.

ARTICLE 20 - C-1 RETAIL COMMERCIAL DISTRICT

(Added by O-1317; O-1318; Amended by O-1636)

91.20.1 PERMISSIBLE USES.

(Amended by O-1877; O-1878; O-2268; O-3113; O-3179; O-3453)

No building, structure, improvement or premises shall be used, and no building, structure, or premises shall be erected, established, altered or enlarged which is designed, arranged or intended to be occupied or used for any purpose other than the following:

a)    Residential uses when a conditional use permit has been granted in accordance with the provisions of Chapter 5.

b)    Home occupation in a residential unit.

c)    Small family day care home.

d)    Large family day care home subject to approval of a large family day care permit.

e)    The following uses:

Advertising agencies

Agencies, including financial institutions and automobiles

Antiques, genuine

Automobile agencies, if no body or fender work is done

Auto trailers, sale of new

Bakeries

Banks

Bars, beer, as provided for in Chapter 5

Bars, cocktail, as provided for in Chapter 5

Barber shops

Beauty parlors

Books, new

Bronzes, retail sale of

Cafes or restaurants

Churches

Cocktail lounges

Confectioneries

Day schools

Dramatic schools

Drug stores

Dyeing and cleaning works (retail) in the event that no gasoline or explosives are stored in connection therewith

Electrical distributing substation as provided for in Chapter 5

Employment agencies

Fine arts galleries

Flowers, growing of

Furniture store (new only), retail

Furrier shops

Gasoline filling stations; providing that no garage, battery repair, tire rebuilding or automobile washing, except hand washing, where an area of not more than five hundred (500) square feet is used shall be permitted in connection with such filling station as provided for in Chapter 5

Greenhouses

Groceries

Gunsmith stores

Hardware

Insurance agencies

Interior decorating studio, store or shop

Jewelry

Laundry agencies and hand laundry

Libraries

Liquor store, retail

Locksmith store

Massage parlors

Meats

Motor vehicles (new), sale and display

Museums

Notions

Nurseries

Office, including medical, dental, legal, scientific, engineering, fine arts and literary, fortune tellers and psychics offices

Orchards

Paints, retail sale of

Parking lots, commercial

Pet stores

Photography

Plumbing shop (new only), retail

Police and fire stations

Porcelains, retail sale of

Post offices

Poultry, dressed (live poultry shall not be kept or maintained on the premises)

Printing

Private clubs, fraternities, sororities, lodges

Radio transmitter and/or broadcasting studios as provided for in Chapter 5

Railroad and bus passenger stations

Real estate offices

Reducing salons

Rest homes, convalescent homes, guest homes, homes for the aged

Sale of new automobiles parts and accessories, and the installation and servicing thereof, provided no mechanical repair work, tire rebuilding or automobile washing is done

Schools, academies for music, dancing and trade as provided for in Chapter 5

Silver, retail sales of

Stationery, new

Telephone company district offices

Theaters

f)    Other businesses or enterprises for which a use permit has been granted in accordance with the provisions of Chapter 5.

91.20.2 CONDITIONS UNDER WHICH USES PERMITTED.

The conditions under which the uses described above are permitted to be established, operated and/or maintained in Zone C-1 are as follows:

a)    That all goods, other than nursery stock, offered for sale shall be displayed within a building.

b)    That parking facilities shall comply with the provisions of Chapter 3.

c)    That the architecture and general appearance of all such commercial buildings and ground shall be in keeping with the character of the neighborhood and such as not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are located.

91.20.3 BUILDING HEIGHT.

The maximum building height shall be regulated by the Building Code of the City of Torrance; provided, however, that the maximum building height of structures used for residential purposes shall be fifty (50) feet.

91.20.4 LOT AREA.

No minimum lot area is required, except that when property in Zone C-1 is used for residential purposes, the lot area per living unit shall be not less than required in Zone R-4; provided, however, that such requirements shall not apply to hotels or apartments where no cooking facilities are provided in any room, suite or apartment.

91.20.5 FRONT YARD.

(Amended by O-1937; O-1938)

No minimum front yard depth is required; provided, however, that for residential uses there shall be a front yard as required in the R-3 zone.

91.20.6 SIDE YARD.

No minimum side yard depth is required, except that any residence, apartment house or hotel shall have side yards to comply with Section 92.5.3. and Section 91.8.8. of this Division.

91.20.7 REAR YARD.

(Amended by O-1937; O-1938)

No minimum rear yard depth is required, except that any residence or apartment house shall have a rear yard of not less than the rear yard requirements in the R-3 zone.

91.20.8 RESTRICTION ON USE.

(Added by O-1875; Amended by O-3179)

No building, structure or improvement shall be used for commercial purposes on any lot until all buildings used or designed or constructed to be used for residential purposes, and accessory structures existing thereon have been removed, unless a conditional use permit therefor has been obtained.

91.20.9 LAND AREA PER DWELLING UNIT.

(Added by O-1937; O-1938; Amended by O-2111; O-2307)

A flat building, apartment house or other residential dwelling shall not occupy a site which provides less than one thousand six hundred (1,600) square feet of land area per dwelling unit.

91.20.10 DRIVEWAY SEPARATION.

(Added by O-1937; O-1938)

Where the main entrance to any dwelling unit faces a driveway, a separate walkway shall be provided. Said walkway shall be unobstructed and physically separated from the driveway by a twenty-four (24) inch wide buffer strip permanently maintained in landscaping. The minimum distance between said driveway and the main entrance to any unit shall be ten (10) feet. The minimum distance between said driveway and a secondary entrance shall be five (5) feet

91.20.11 USEABLE OPEN SPACE.

(Added by O-2307)

There shall be useable open space not less than that required in the R-3 zone for residential uses.

91.20.12 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosure except during trash pickup.

ARTICLE 21 - C-2 GENERAL COMMERCIAL DISTRICT

(Amended by O-1877; O-1878)

91.21.1 PERMISSIBLE USES.

(Amended by O-3453)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged which is designed, arranged or intended to be occupied or used for any purpose other than the following:

a)    Residential uses when a conditional use permit has been granted in accordance with the provisions of Chapter 5.

b)    Home occupation in a residential unit.

c)    Small family day care home.

d)    Large family day care home subject to approval of a large family day care permit.

e)    Any use permitted in the C-1 zone.

f)    Stores or shops for the conduct of retail or wholesale business, new or secondhand, including, but not limited to:

Automobile repair garages, including body and fender repair service, provided all operations are conducted within the building

Bar, beer (with dancing)

Bar, cocktail (with dancing)

Battery service

Billiard hall

Bowling alley

Commercial swimming pool as provided for in Chapter 5

Dance hall

Dog food catering service, provided no manufacturing of dog food is done on the premises

Dyeing of yarns

Extracting and bottling of fruit and vegetable juices, provided that not more than a total of five (5) horsepower in electric motors is used in connection with the extracting and bottling operation

Feed and grain store

Frozen food locker

Furniture reupholstering or redecorating store or shop

Furniture storage

Garages, public

Glass edging, beveling and silvering in connection with the retail sale of mirrors and glass

Gymnasium

Hospitals as provided for in Chapter 5

Laundry of not more than ten (10) horsepower boiler and not more than ten (10) horsepower of electric motors

Massage parlors

Mortuaries

Motion picture film, processing of motion picture film

Newspaper

Newspaper publishing plant

Phonograph records; production from prepared biscuits, providing no manufacturing is done other than the molding of the record in steam presses and the packaging for distribution

Photoengraving

Plating of precious metals for retail service

Sanitorial as provided for in Chapter 5

Service stations; gasoline service stations as provided for in Chapter 5

Tire retreading with not to exceed five (5) molds in connection with a public garage or gasoline service station

Transfer station for furniture and household goods

Turkish baths

Water service establishments as provided for in Chapter 5

g)    Light manufacturing incidental to the retail sale of goods from the premises only, provided;

1)    That not more than twenty-five (25) percent of the ground floor area of any building shall be used for such purposes;

2)    That no motor exceeding one (1) horsepower be used in connection therewith and that the total horsepower so used shall not exceed five (5) horsepower;

3)    That no portion of any building or premises used for such incidental manufacturing shall be less than fifty (50) feet from any residential zone. Other similar enterprises or businesses which, in the opinion of the Commission, are not more obnoxious or detrimental to the public welfare than the enterprises or business herein enumerated; provided, however, that no junk or auto wrecking yard or establishment shall be established or maintained in Zone C-2.

h)    Other businesses or enterprises for which a use permit has been granted in accordance with the provisions of Chapter 5.

91.21.2 BUILDING HEIGHT.

(Amended by O-1302)

The maximum building height shall be regulated by the Building Code of the City of Torrance; provided, however, that the maximum building height of structures used for residential purposes shall be fifty (50) feet.

91.21.3 LOT AREA.

(Amended by O-1302)

No minimum lot area is required, except that when property in Zone C-2 is used for residential purposes, the lot area per living unit shall be not less than required in Zone R-4; provided, however, that these requirements shall not apply to hotels or apartments where no cooking facilities are provided in any individual room, suite or apartment.

91.21.4 FRONT YARD.

(Amended by O-1877; O-1878; O-1937; O-1938)

No minimum front yard depth is required; provided, however, that for residential uses there shall be a front yard as required in the R-3 zone.

91.21.5 SIDE YARD.

No minimum side yard depth is required, except that any residence, apartment house or hotel shall comply with side yard requirements in Sections 92.5.3. and 91.8.8.

91.21.6 REAR YARD.

(Amended by O-1937; O-1938)

No minimum rear yard depth is required, except that any residence, apartment house or hotel shall have a rear yard of not less than the rear yard requirements in the R-3 zone.

91.21.7 RESTRICTION ON USE.

(Added by O-1875; Amended by O-3179)

No building, structure or improvement shall be used for commercial purposes on any lot until all buildings used or designed or constructed to be used for residential purposes, and accessory structures existing thereon have been removed, unless a conditional use permit therefor has been obtained.

91.21.8 LAND AREA PER DWELLING UNIT.

(Added by O-1937; O-1938; Amended by O-2111)

A flat building, apartment house, or other residential dwelling shall not occupy a site which provides less than one thousand six hundred (1,600) square feet of land area per dwelling unit.

91.21.9 DRIVEWAY SEPARATION.

(Added by O-1937; O-1938)

Where the main entrance to any dwelling unit faces a driveway, a separate walkway shall be provided. Said walkway shall be unobstructed and physically separated from the driveway by a twenty-four (24) inch wide buffer strip permanently maintained in landscaping. The minimum distance between said driveway and the main entrance to any unit shall be ten (10) feet. The minimum distance between said driveway and a secondary entrance shall be five (5) feet.

91.21.10 USEABLE OPEN SPACE.

(Added by O-2307)

There shall be useable open space not less than that required in the R-3 zone for residential uses.

91.21.11 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

91.21.12 PLANNING COMMISSION REVIEW.

(Added by O-2624; O-2699)

a)    That in order to provide for the orderly and harmonious development of the area and that any such proposed developments will enhance the commercial development of the area so as to increase the taxable value of real property and sales tax return to the City and so that such proposed developments will maintain the stability and value of the property as a desirable commercial area and so that traffic in the area is properly managed to minimize hazard and congestion, the Planning Commission shall review all plans of development in the C-2 zone. The Commission shall approve plans only after finding that the proposed development will not adversely affect the orderly and harmonious development of the area and the general welfare of the City; otherwise, such plans shall be disapproved. In making such findings, the Commission shall consider, among other factors, the following:

1)    Dimensions, shape and orientation of the parcel;

2)    Placement of buildings and structures on the parcel;

3)    Height, bulk and area of structures;

4)    Setbacks;

5)    Placement, height and direction of illumination of light standards;

6)    Location and design of parking and loading facilities;

7)    Landscaping;

8)    Design of interior traffic circulation, including placement of points of ingress and egress;

9)    Location, height and materials used for walls, fences and other barricades;

10)    Location and method of screening trash and storage areas, roof equipment, pipes, vents, utility equipment, and all equipment not contained in the main buildings of the development;

11)    Signing;

12)    Such other information which the Planning Commission may require to make the necessary findings that the provisions of this Code are being complied with.

b)    If the plans are approved, the Commission may impose thereon such other conditions as they may deem appropriate to effectuate the purpose of the Official Land Use Plan and the best interests of the City. Such conditions may include but are not limited to:

1)    Avigation easements;

2)    Dedication of land for access purposes;

3)    Payment, in whole or in part, for traffic regulating devices;

4)    Such other conditions as the Planning Commission may deem necessary to effectuate the proper development of the property and surrounding area and insure compliance with the Official Land Use Plan of the City.

c)    The provisions of this Section shall apply to all new development and to any renewal of use of a structure in the C-2 zone which has been unused for ninety (90) days prior to the proposed date of renewal of use.

ARTICLE 22 - C-3 SOLELY COMMERCIAL DISTRICT

(Added by O-814; Amended by O-1113)

91.22.1 PERMISSIBLE USES.

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, or enlarged, which is designed, arranged or intended to be occupied or used for any purpose other than those permitted in Zones C-1, C-2 and R-4; provided, however, that no use permitted in Zones R-1, R-2 and R-3 shall be permitted in Zone C-3.

91.22.2 BUILDING HEIGHT.

The maximum building height shall be regulated by the Building Code of the City of Torrance.

91.22.3 LOT AREA.

No minimum lot area is required.

91.22.4 RESTRICTION ON USE.

(Added by O-1875; Amended by O-3179)

No building, structure or improvement shall be used for commercial purposes on any lot until all buildings, used or designed or constructed to be used for residential purposes, and accessory structures existing thereon have been removed, unless a conditional use permit therefor has been obtained.

91.22.5 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

91.22.6 PLANNING COMMISSION REVIEW.

(Added by O-2624; O-2699)

a)    That in order to provide for the orderly and harmonious development of the area and that any such proposed developments will enhance the commercial development of the area so as to increase the taxable value of real property and sales tax return to the City and so that such proposed developments will maintain the stability and value of the property as a desirable commercial area and so that traffic in the area is properly managed to minimize hazard and congestion, the Planning Commission shall review all plans of development in the C-3 zone. The Commission shall approve plans only after finding that the proposed development will not adversely affect the orderly and harmonious development of the area and the general welfare of the City; otherwise, such plans shall be disapproved. In making such findings, the Commission shall consider, among other factors, the following:

1)    Dimensions, shape and orientation of the parcel;

2)    Placement of buildings and structures on the parcel;

3)    Height, bulk and area of structures;

4)    Setbacks;

5)    Placement, height and direction of illumination of light standards;

6)    Location and design of parking and loading facilities;

7)    Landscaping;

8)    Design of interior traffic circulation, including placement of points of ingress and egress;

9)    Location, height and materials used for walls, fences and other barricades;

10)    Location and method of screening trash and storage areas, roof equipment, pipes, vents, utility equipment and all equipment not contained in the main buildings of the development;

11)    Signing;

12)    Such other information which the Planning Commission may require to make the necessary findings that the provisions of this Code are being complied with.

b)    If the plans are approved, the Commission may impose thereon such conditions as they may deem appropriate to effectuate the purpose of the Official Land Use Plan and the best interests of the City. Such conditions may include but are not limited to:

1)    Avigation easements;

2)    Dedication of land for access purposes;

3)    Payment, in whole or in part, for traffic regulating devices;

4)    Such other conditions as the Planning Commission may deem necessary to effectuate the proper development of the property and surrounding area and insure compliance with the Official Land Use Plan of the City.

c)    The provisions of this Section shall apply to all new development and to any renewal of use of a structure in the C-3 zone which has been unused for ninety (90) days prior to the proposed date of renewal of use.

ARTICLE 23 - C-4 SHOPPING CENTER DISTRICT

(Added by O-954; Amended by O-1339; O-1383; O-1636; O-2181)

91.23.1 PERMISSIBLE USES.

No building, structure, improvement or premises shall be used and no building, structure or improvement shall be erected, constructed, altered or enlarged, which is designed, arranged or intended to be occupied or used for any purpose other than the following:

a)    Agencies, including advertising, accounting, collection, credit reporting, employment, governmental insurance, theatrical, travel

Barber shops

Beauty parlors

Book stores, new

Delicatessen

Dry cleaning and dyeing

Fine arts galleries

Flower shops

Interior decorating studio, store or shop

Jewelry stores

Photography equipment stores

Real estate office

Stationery stores

b)    Where a building site is provided with the minimum dimensions of seventy-five (75) feet in width and two hundred (200) feet in depth, the following uses may be added to those listed in subsection (a):

Bank, savings and loan associations, stock exchanges, and other financial institutions

Bowling alleys

Department stores

Furniture and appliance stores

Grocery stores

Hardware and building supply stores

Liquor stores

Restaurants

The following uses as provided for in Chapter 5:

Automatic car washing

Automobile agencies, new

Cocktail lounges

Office building, including medical, dental, legal, scientific, engineering and social services

Recreational vehicles, including boats and mobile homes

Service stations

Trade schools

91.23.2 CONDITIONS OF USE.

The condition under which the uses described in Sec. 91.23.1. are permitted to be established, operated and/or maintained are as follows:

a)    All merchandise offered for sale shall be stored and displayed within a building, excluding automobiles, nursery stock, recreational vehicles, boats and mobile homes.

b)    Merchandise shall be limited primarily to the retail sale of new merchandise; wholesaling or the sale of used or secondhand merchandise shall only be permitted when such uses are incidental to the primary use permitted herein.

91.23.3 PLAN REVIEW.

The Planning Commission shall review the plans of development in the C-4 zone for conformance as follows:

a)    The architecture and general appearance of all such commercial buildings and grounds shall be at least in keeping with the character of the neighborhood and such as not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are located.

b)    Any lighting provided shall be directed away from adjacent residential properties and streets so as not to cause a nuisance.

c)    Vehicle and pedestrian ingress and egress to insure compatibility with neighborhood and for traffic control.

91.23.4 LOT AREA.

The minimum lot size of any lot shall be fifteen thousand (15,000) square feet; provided, however, that any lot existing as a legally recorded parcel on January 1, 1970, which does not conform to the above requirement may be developed by Conditional Use Permit if the Planning Commission determines that the following conditions apply:

a)    There are practical difficulties or unnecessary hardships resulting from the strict enforcement of this Section; and

b)    That the proposed development is integrated with adjacent developments and does not affect the orderly development of the area or the general welfare of the City.

91.23.5 BUILDING HEIGHT.

The maximum building height shall be regulated by the Building Code of the City and any other ordinances of the City regulating the height of buildings.

91.23.6 BUILDING SETBACK.

No building shall be constructed to project within ten (10) feet of the right-of-way of any state highway, arterial, or collector as specified in the Select System of Streets and Highways, or within five (5) feet of the right-of-way of any local street.

91.23.7 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of materials compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

ARTICLE 24 - C-5 CONDITIONAL COMMERCIAL DISTRICT

(Added by O-1372; Amended by O-2331)

91.24.1 PERMISSIBLE USES.

a)    No building, structure, improvement or premises shall be used and no building, structure or improvement shall be erected, constructed, established, altered or enlarged, which is designed, arranged or intended to be occupied or used for any purpose other than any use permitted in Zone C-2 except for the following uses which shall not be permitted:

1)    Uses permitted in Zones R-1, R-2 and R-3.

91.24.2 CONDITIONS OF USE.

a)    All merchandise offered for sale shall be stored and displayed within a building, excluding automobiles, nursery stock, recreational vehicles, boats and mobile homes provided, however, that service stations may display those items enumerated in Section 95.3.15

b)    A variance or use permit shall not be granted to permit the conversion for commercial use or occupancy of any building, structure or improvement which is designed, arranged or intended to be occupied or used for residential purposes.

91.24.3 PLAN REVIEW.

a)    That in order to provide for the orderly and harmonious development of the area and that any such proposed developments will enhance the commercial development of the area so as to increase the taxable value of real property and sales tax return to the City and so that such proposed developments will maintain the stability and value of the property as a desirable commercial area and so that traffic in the area is properly managed to minimize hazard and congestion, the Planning Commission shall review all plans of development in the C-5 zone. The Commission shall approve plans only after finding that the proposed development will not adversely affect the orderly and harmonious development of the area and the general welfare of the City; otherwise, such plans shall be disapproved. In making such findings, the Commission shall consider, among other factors; the following:

1)    Dimensions, shape and orientation of the parcel;

2)    Placement of buildings and structures on the parcel;

3)    Height, bulk and area of structures;

4)    Setbacks;

5)    Placement, height and direction of illumination of light standards;

6)    Location and design of parking and loading facilities;

7)    Landscaping;

8)    Design of interior traffic circulation, including placement of points of ingress and egress;

9)    Location, height and materials used for walls, fences and other barricades;

10)    Location and method of screening trash and storage areas, roof equipment, pipes, vents, utility equipment, and all equipment not contained in the main buildings of the development;

11)    Signing;

12)    Such other information which the Planning Commission may require to make the necessary findings that the provisions of this Code are being complied with.

b)    If the plans are approved, the Commission may impose thereon such conditions as they may deem appropriate to effectuate the purpose of the Official Land Use Plan and the best interests of the City. Such conditions may include but are not limited to:

1)    Avigation easements;

2)    Dedication of land for access purposes;

3)    Payment, in whole or in part, for traffic regulating devices;

4)    Such other conditions as the Planning Commission may deem necessary to effectuate the proper development of the property and surrounding area and insure compliance with the Official Land Use Plan of the City.

91.24.4 LOT AREA.

(Amended by O-2458)

The minimum lot size of any lot shall be fifteen thousand (15,000) square feet: provided, however, that any lot existing as a legally recorded parcel on January 1, 1972, which does not conform to the above requirement may be developed by Conditional Use Permit if the Planning Commission determines that the following conditions apply:

a)    There are practical difficulties or unnecessary hardships resulting from the strict enforcement of this Section; and

b)    That the proposed development is integrated with adjacent developments and does not affect the orderly development of the area or the general welfare of the City.

91.24.5 BUILDING HEIGHT.

The maximum building height shall by regulated by the Building Code of the City of Torrance.

91.24.6 YARDS.

Wherever developed property in the C-5 zone borders a public street, a yard not less than ten (10) feet in depth and continuous to the street shall be provided and this yard shall be completely landscaped with trees, plants, and ground cover and shall be equipped with a permanent sprinkler system. Plants and trees shall be at least the size designated in Section 93.6.4 of the Torrance Municipal Code. In no case shall vehicle parking be allowed in such a yard.

91.24.7 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

ARTICLE 25 - C-R RESTRICTED COMMERCIAL DISTRICT

(Added by O-1151; Amended by O-1548)

91.25.1 PERMISSIBLE USES.

No building, structure, improvement or premises shall be used and no building, structure or improvement shall be erected, constructed, established, altered or enlarged, which is designed, arranged or intended to be occupied or used for any purpose other than the sale at retail of goods or services as follows:

Accountants

Advertising agency offices

Antique shop - genuine

Art objects - sale of

Attorneys

Barber and beauty shops

Bookkeeping

Camera shop

Cleaning agencies - pressing and pick-up facilities only

Clothing store

Collection agency

Consultants’ offices

Cosmetics

Credit bureau

Detective bureau - police patrol offices

Dispensing pharmacies, selling drugs and medicine by prescription

Drapery shop

Employment agency - private

Entertainment ticket agency

Economic consultants

Engineers, architects, surveyors, planners and designers offices

Escrow agent

Florist

Gift shop

Health food

Hearing aids

Hobby shops and toys

Insurance agents/brokers

Interior decorator

Jewelry store

Key and locksmith

Luggage

Magazines and books

Mail order catalog store

Mailing service

Manufacturer’s representative office

Mortgage loans office

Personnel service

Physicians and surgeons, dentists, optometrists, chiropractors and others licensed by the State of California to practice the healing arts

Picture frames

Public relations

Real estate offices

Schools - music and flower arrangement

Studios for interior decorators, photographers, tailors, seamstresses, artists and draftsmen

Secretarial service

Sewing machines - sales and repair

Shoe repair and shoe shine stand

Shoe store

Sporting goods (new only) excluding boats and motor vehicles

Stationery store

Stocks and bonds

Swimming pool supplies and maintenance

Telephone answering service

Travel agencies

Typing and addressing services

Vacuum cleaners, sales and service

Vitamin sales

Watch repair

Yardage, yarn and notions (new only)

91.25.2 USES PERMITTED BY CONDITIONAL USE PERMIT OR PRECISE PLAN.

(Amended by O-2203; O-3365)

The following uses may be permitted as provided for in Chapter 5, provided such uses:

a)    Do not substantially increase the traffic and noises in the neighborhood area; and

b)    Do not include entertainment or dancing

Confectionery, ice cream, candy, fountain service store

Dairy products store

Delicatessens

Gasoline service station, providing that no garage, battery repair, tire rebuilding or automobile washing, except hand washing (area devoted to hand washing not to exceed five hundred (500) square feet, shall be permitted in connection with such service station

Grocery store

Hardware store

Laundry, dry cleaning (self-service)

Liquor store

Meat market

Nursery schools

Restaurant and cafe

Variety store

Other retail and/or service stores

c)    Provide multifamily senior citizen housing.

91.25.3 RESTRICTIONS ON USE.

(Amended by O-2511; O-3179)

a)    No building, structure or improvement shall be erected, constructed, established, altered or enlarged on any lot until all residential buildings used or designed or constructed to be used for residential purposes, and accessory structures existing thereon October 1, 1964, have been removed; provided, however, that a dwelling house may be altered or enlarged if such alteration or enlargement does not increase the occupancy thereof.

b)    No bars, cocktail lounges, or similar uses will be allowed in the C-R zone as a primary use.

c)    No food shall be sold or dispensed at a drive-in or walk-up. A drive-in is any place where the customer is served while sitting in a motor vehicle. A walk-up is any place where the customer is served while standing outside the building or structure in which the product served is kept immediately prior to such service.

d)    All goods offered for sale shall be displayed within a building only, except as specifically permitted by Section 91.25.2

91.25.4 DEVELOPMENT PLAN REVIEW BY PLANNING COMMISSION.

The Planning Commission shall review the plans of development in the C-R zone for conformance as follows:

a)    The architecture and general appearance of all such commercial buildings and grounds shall be at least in keeping with the character of the neighborhood and such as not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are located.

b)    Any lighting provided shall be directed away from adjacent residential properties and streets so as not to cause a nuisance.

c)    Vehicle and pedestrian ingress and egress to insure compatibility with neighborhood and for traffic control.

91.25.5 PARKING LOT IMPROVEMENT STANDARDS.

Parking facilities and improvements shall comply with the provisions of Chapter 3 of this Division.

91.25.6 SIGNS.

No sign shall extend above the roof-line of any building or structure. Signs shall display only the name and type of business conducted on the premises on which the sign is located. There shall be no more than one (1) square foot of sign for each lineal foot of occupancy frontage. Where the side of the building abuts a street, a similar sign is permitted on the abutting side of such building. Ground (pole) signs, also flag and banners designed to attract attention shall not be permitted except as approved by the Planning Commission.

91.25.7 BUILDING HEIGHT.

No building or structure shall be more than one (1) story in height. No building or structure shall be more than twenty (20) feet in height.

91.25.8 LOT AREA.

No minimum lot area is required.

91.25.9 FRONT YARD.

No minimum front yard depth is required, unless required by the Planning Commission for compatibility with neighborhood or sight distance at intersections.

91.25.10 SIDE YARD.

No minimum side yard depth is required, unless required by the Planning Commission for compatibility with neighborhood or sight distance at intersections.

91.25.11 REAR YARD.

No minimum rear yard depth is required, unless required by the Planning Commission for compatibility with neighborhood or sight distance at intersections.

91.25.12 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

ARTICLE 26 - CIVIC CENTER DISTRICT

(Added by O-1959)

91.26.1 CREATION OF DISTRICT.

A Civic Center District is hereby established, the boundaries of which shall be as follows:

That certain real property in the City of Torrance, County of Los Angeles, State of California, described as follows:

Those portions of Tract No. 7873 as per map recorded in Book 109, Pages 99 and 100, of Maps, Records of said County, Tract No. 14950 as per map recorded in Book 397, Pages 9 to 12, inclusive, of Maps, Records of said County, Tract No. 14958 as per map recorded in Book 405, Pages 31 to 33, inclusive, of Maps, Records of said County, Tract No. 16401 as per map recorded in Book 408, Pages 41 to 43, inclusive, of Maps, Records of said County, described as a whole as follows:

Beginning at the intersection of the southerly line of the northerly sixty (60) feet of Lot 5 of said Tract No. 7873 with the westerly line of said Lot 5; thence easterly along said southerly line to a point of intersection with the easterly line of said Lot 5; thence southerly along said easterly line to a point of intersection with the westerly prolongation of the northerly line of Lot 1 of said Tract No. 14950; thence easterly along said westerly prolongation and northerly line to the easterly line of Lots 1 to 19, inclusive of said Tract No. 14950; thence southerly along said northerly prolongation and said easterly line to the southeasterly corner of said Lot 19; thence southerly to the northeasterly corner of Lot 1 of said Tract No. 16401; thence southerly along the easterly line of said Lot 1 and westerly along the southerly line of said Lot 1 to the southwesterly corner of said Lot 1; thence southwesterly to the southeasterly corner of Lot 1 of said Tract No. 14958; thence westerly along the southerly line of Lots 1 to 25, inclusive of said Tract No. 14958 to the southwesterly corner of said Lot 25; thence northerly to the southwesterly corner of Lot 5 of said Tract No. 7873; thence northerly along the westerly line of said Lot 5 to the point of beginning.

91.26.2 DISTRICT IS OVERLAY ZONE.

The Civic Center District shall be an overlay zone. All parcels of land or portions thereof shall be subject to the regulations of said zone in addition to the regulations of the underlying zone as provided in this Code.

91.26.3 UNDERLYING ZONE CONTROLS LAND USE.

The regulations provided in this Article for Civic Center District shall not supersede but shall be in addition to regulations applicable to the underlying zone.

91.26.4 MAINTENANCE OF PROPERTY; NUISANCES.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the Civic Center to maintain such premises in such manner that any of the following conditions are found to exist thereon:

a)    Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction for prolonged periods;

b)    Attractive nuisances in the form of abandoned and broken equipment dangerous to children;

c)    Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare;

d)    Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

e)    Property maintained by itself or in conjunction with others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein.

91.26.5 ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION OR REMOVAL.

All or any part of premises found as provided herein, to constitute a public nuisance may be abated by rehabilitation, demolition or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not in any manner limit or restrict the City from enforcing the City ordinances or abating public nuisances in any other civil proceeding provided by law.

91.26.6 DECLARATION OF NUISANCE.

Whenever the Planning Commission finds that any premises within the Civic Center District is maintained contrary to one (1) or more of the provisions of Section 91.26.4., then the Planning Commission shall by resolution declare its intent to conduct a public hearing to determine whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Said resolution shall describe the premises involved by street address, referring to the street by name under which it is officially or commonly known, and shall describe the property upon which the alleged nuisance exists by giving the lot and block number thereof.

91.26.7 NOTICE OF HEARING TO ABATE.

Within thirty (30) days after the passage of said resolution by the Planning Commission, the Secretary of the Planning Commission shall cause to be conspicuously posted on the premises, a certified copy of the Resolution of the Planning Commission and a notice of the time and place of hearing before the Planning Commission, which said notice shall be titled: "NOTICE OF HEARING" in letters not less than one (1) inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

 

Notice is hereby given that on the day ______ of ____________, the Planning Commission of the City passed a resolution declaring its intent to ascertain whether certain premises situate in the City of Torrance, State of California, known and designated as: in said City, and more particularly described as Lot No. ______, Tract No. ______, constitute a public nuisance and are subject to abatement by rehabilitation of such premises or by the repair or demolition of building or structures situate thereon; if said premises, in whole or part, are found to constitute a public nuisance as defined by Section 91.26.4. of this Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. (Reference is hereby made to Resolution No. ______ on file with the City Clerk for further particulars). Said alleged violations consist of the following:

 

 

 

 

 

 

All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the Planning Commission of the City to be held in the City Hall at 3031 Torrance Boulevard, on the ______ day of ____________, 197____________, at the hour of ____________.M., of said day, when their testimony and evidence will be heard and given due consideration.

 

 

DATED: This ______ day of ____________, 197____________.

 

Secretary of the Planning Commission

91.26.8 POSTING AND SERVING NOTICE.

The City Clerk shall cause to be served upon the owner, lessee and person having occupancy of each of the affected premises, one (1) copy of said notice and a certified copy of the Resolution of the Planning Commission, in accordance with the provisions of Section 91.26.7. and 91.26.9. hereof.

Said notices and Resolution shall be posted and served, as aforesaid, at least thirty (30) days before the time fixed for such hearing; proof of posting and service of such notices and Resolution shall be made by affidavit filed with the Planning Commission.

91.26.9 FORM OF PROPER SERVICE OF NOTICE.

Service of said notice and Resolution shall be by personal service upon the owner, lessee and person having occupancy of the affected premises. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner. The service is complete at the time of such deposit. "Owner" as used herein shall mean any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a title search from any accredited title company.

91.26.10 HEARING BY PLANNING COMMISSION.

At the time stated in the notices, the Planning Commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises, said hearing may be continued from time to time. Upon the conclusion of said hearing, the Planning Commission shall, based upon such evidence, determine whether the premises, or any part thereof, as maintained constitute a public nuisance as defined herein. If the Planning Commission finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Planning Commission shall prepare and file with the City Council, a report of such findings and of its recommendation with respect thereto.

91.26.11 FINAL ACTION BY CITY COUNCIL.

Upon receiving such report from the Planning Commission, the City Council may, upon ten (10) days written notice to the owner and to all interested persons to appear and show cause why the report of the Planning Commission should not be accepted and why such premises should not be so declared and so abated, by Resolution adopted upon conclusion of such show-cause hearing, declare such to be a public nuisance and order the abatement of the same within sixty (60) days, by having such premises, buildings or structures, rehabilitated, repaired or demolished in the manner specifically set forth in said Resolution.

91.26.12 SERVICE ON OWNER OF RESOLUTION TO ABATE.

A copy of said Resolution of the City Council ordering the abatement of said nuisance shall be served upon the owner of said property in accordance with the provisions of Section 91.26.9. and shall contain a detailed list of needed corrections. Any property owner shall have the right to have any such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said Resolution and at his own expense provided the same is done prior to the expiration of said sixty (60) day abatement period.

91.26.13 ABATEMENT BY CITY.

If such nuisance is not abated by the owner, as directed within said sixty (60) day period, then the City Council may direct the City Manager to cause the same to be abated by City forces or private contract under established City bidding procedures.

91.26.14 RECORD OF COST FOR ABATEMENT BY CITY.

The City Manager shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the said City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto; provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (5) days upon such premises, together with a notice of the time when said report shall be submitted to the City Council for confirmation; a copy of said report and notice shall be served upon the owner of said property in accordance with the provisions of Section 91.26.9. at least five (5) days prior to submitting the same to the City Council; proof of said posting and service shall be made by affidavit filed with the City Clerk. The term incidental expenses shall include, but not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

91.26.15 REPORT; HEARING AND PROCEEDINGS.

The City shall give ten (10) days notice to the owner of the time and place set for the hearing; the City Council shall hear and pass upon the report of the City Manager, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made, shall be final and conclusive.

91.26.16 ASSESSMENT OF COSTS AGAINST PROPERTY; LIEN.

Any unpaid portion of the total cost for abating as determined by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

a)    After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots or parcels of land for municipal purposes; and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

b)    After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

91.26.17 ALTERNATES.

Nothing in the foregoing Sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil proceeding to abate a public nuisance as an alternative to the proceeding set forth herein.

ARTICLE 30 - M-1 LIGHT MANUFACTURING DISTRICT

(Amended by O-1877; O-1878)

91.30.1 PERMISSIBLE USES.

(Amended by O-3835)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, altered or enlarged in Zone M-1 which is designed, arranged, or intended to be used, for any purpose other than the following:

a)    The following industrial uses:

Acetylene. The storage of oxygen and acetylene in tanks if oxygen is stored in a room separate from acetylene, and such rooms are separated by not less than one (1) hour fire resistant wall

Agricultural contractor equipment, sale or rental or both

Animal experimental research institute

Animal hospital as provided for in Chapter 5

Assembly plants

Automobile body and fender repair shops, if all operations are conducted inside of a building

Automobile painting and upholstering

Bags, manufacturing of

Barrels, storage of empty barrels

Baseball park as provided for in Chapter 5

Batteries, manufacture and rebuilding of batteries

Beds, manufacture of bedspreads and bedsprings

Billboards, manufacture of

Blacksmith shops

Boat building

Book bindery

Bottling plant

Box factory

Breweries

Brushes, manufacture of

Building materials, storage of

Bus storage

Cabinet making

Candles, manufacturing of

Canvas, manufacture of canvas and products of canvas

Car barns for buses and street cars

Car wash facilities as provided for in Chapter 5

Carnivals, commercial or otherwise as provided for in Chapter 5

Carpenter shop

Carpet cleaning

Casein, manufacture of casein products, except glue

Cellophane, manufacture of

Ceramic, manufacture of

Cesspool pumping, cleaning and draining

Cigarettes, manufacture of

Cigars, manufacture of

Circus, as provided for in Chapter 5

Clay products, manufacture or storage of clay products including clay statuary

Cleaning and dyeing establishments, wholesale

Clocks, manufacture of

Cloth, manufacture of cloth and cloth products, including clothing of all kinds, but not tanning

Coffee roasting

Coffins, manufacture of

Cold storage plant

Contractor’s equipment yard, including farm equipment and all equipment used in building trades

Cork, manufacture of

Cosmetics, packaging and distribution of pharmaceutical and cosmetic items

Cotton storage

Creamery; provided, however, that this shall not permit the operation of dairies or the keeping or maintenance of cows, goats, or other livestock

Curtain cleaning plants

Dairy products depot and manufacture of dairy products

Dextrine, manufacture of

Distributing plants

Dogs as provided for in Chapter 5

Dog breeding as provided for in Chapter 5

Dog kennels, commercial, as provided for in Chapter 5

Dog training schools as provided for in Chapter 5

Draying yard or terminal

Drugs, manufacture and sale at wholesale of

Drygoods, manufacture, sale at wholesale and storage of

Dyeing and cleaning, wholesale

Electric appliance assembly

Electric signs, manufacture of

Electrical parts, manufacture, sale at wholesale, or the storage of small electrical parts

Electrical transformer substations

Emery cloth, manufacture of

Engines, manufacture of internal combustion or steam engines; provided, however that foundries are not permitted

Engraving, machine metal engraving

Fabricating, other than snap riveting or any process used in bending or shaping which produces any annoying or disagreeable noise

Feathers, manufacture or renovation of feather products

Felt, manufacture of

Ferris wheels

Fiber products, including fiber glass, manufacture of

Fixtures, manufacture of gas or electrical fixtures

Food products, manufacture, processing, storage and sale of, except lard, pickles, sausage, sauerkraut or vinegar

Fox farms

Fruit packing plant

Fuel yard

Fumigating contractor

Fur products, manufacture of

Fur warehouse

Furniture, manufacture of

Generators, manufacture of electrical generators

Glass, production by hand of crystal glass art novelties within a closed building of fire resistant construction

Glass, storage of

Gloves, manufacture of

Granite, grinding, cutting and dressing of

Hair products, manufacture of

Harness, manufacture of

Heating equipment, manufacture of

Hemp storage

Horn products, manufacture of

Humane societies as provided for in Chapter 5

Ice, manufacture, distribution and storage of

Incinerators, manufacture of

Ink, manufacture of

Iron, ornamental iron works, but not including a foundry

Jewelry, manufacture of

Knitting mills

Laboratories for testing experimental motion picture film

Laundry

Leather products, manufacture of

Linen and towel supply

Liquor storage

Lubricating oil, canning and packaging of lubricating oil, if not more than one hundred (100) barrels are stored above ground at any one time

Lumber yard, except the storage of boxes and crates

Machine shops

Machinery, repair of farm machinery

Machinery storage yard

Malt products, manufacture of

Marble, grinding, cutting and dressing of

Marine oil service station

Mattresses, manufacture and renovation of

Medicines, manufacture of

Metal, manufacture of products of precious metals

Metal, manufacture of metal, steel and brass stamps including hand and machine engraving

Metal fabricating

Metal plating and finishing, provided no perchloric acid is used

Metal spinning

Metal storage

Metal working shop

Motors, manufacture of electric motors

Moving van storage or operating yard

Musical instruments, manufacture of

Novelties, manufacture of

Oil, manufacture of vegetable oil

Oil wells and appurtenances to the same extent and under all of the same conditions as otherwise permitted by the provisions of this Code

Oleomargarine, manufacture of

Optical goods, manufacture of

Outdoor skating rinks and outdoor dance pavilions, if such rinks and pavilions are not within five hundred (500) feet of any residential zone, Zone A-1 or any zone of similar restriction in any city or adjacent county as provided for in Chapter 5

Paint mixing, except the mixing of lacquers and synthetic enamels

Paper mache statuary, manufacture of

Paper products, manufacture of, but not including the manufacture of paper itself

Perfume, manufacture of

Pest control service, including residential termite control

Pharmaceuticals, manufacture and packaging of

Phonograph records, manufacture of, including the grinding and processing of the basic materials used in connection therewith

Phonographs, assembly of

Plaster, storage of

Plastics, molding of plastics, including the light manufacturing of products thereof, provided all grinding operations are conducted within an interior room

Plumbing shop and plumbing contractor’s shop

Polish, manufacture of

Pottery, manufacture of

Poultry and rabbits, wholesale and retail sale including slaughtering and dressing within a building

Presses, hydraulic, for the molding of plastic

Produce yard, or terminal

Putty, manufacture of

Radios, assembly of

Refrigeration plant

Riding academies

Roofing contractor’s establishment

Rope, manufacture and storage of

Rubber, processing of raw rubber if the rubber is not melted

Rubber, processing of raw rubber if where a banbury mixer is used, the dust resulting therefrom is washed

Rugs, cleaning plant

Rugs, manufacture of

Saddles, manufacture of

Sand, washing of sand to be used in sandblasting

Sandpaper, manufacture of

Sash and door manufacturing

Sheet metal shop

Shell products, manufacture of

Shoe polish, manufacture of

Shoes, manufacture of

Shooting gallery

Signs, manufacture of

Sodium glutamate, manufacture of

Soft drinks, manufacture and bottling of

Springs, manufacture of

Starch, mixing and bottling of

Statuary, manufacture of clay, paper mache and stone statuary and monuments

Stencils, manufacture of

Stone, marble and granite, grinding, dressing and cutting of

Storage and rental of plows, tractors, buses, contractor’s equipment and cement mixers, not within a building

Stove polish, manufacture of

Textiles, manufacture of textiles, including clothing and upholstery

Tire retreading

Tools, manufacture of

Toys, manufacture of

Trailers, manufacture of

Truck storage or rental

Type, manufacture of printer’s type

Valves, storage and repair of oil well valves

Venetian blinds, manufacture of

Ventilating ducts, manufacture of

Veterinary, consulting offices and hospitals

Vitamin tablets, manufacture of

Wallboard, manufacture of

Warehouse, storage warehouse

Watches, manufacture of

Welding

Window shades, manufacture of

Wine storage and manufacture

Wood, manufacture of wood products; provided, however, that a planing mill is not permitted

Wood yard

Woolen goods, manufacture and storage of

Yarn, dyeing of yarn and manufacture of yarn products

b)    The following commercial uses:

Ambulance station

Animal grooming

Auction houses

Automotive repair or service centers

Bakeries

Battery service

Blue printer

Bottling operations

Commercial parking lots

Cotton storage

Dyeing and cleaning works

Feed and grain stores

Fish markets

Furniture reupholstering

Glass works

Horticultural enterprises

Laundries

Lithograph shop

Metal plating

Motor vehicle and trailer sales (new and used)

Newspaper publishing plants

Pet shops

Phonograph record production

Plumbing and heating shops

Public use facilities

Riding stables

Transfer stations and storage buildings

Wholesale commercial enterprises

c)    Other industrial uses for which a conditional use permit has been granted in accordance with the provisions of Chapter 5.

d)    The following commercial uses for which a conditional use permit has been granted in accordance with the provisions of Chapter 5:

1)    Sales of merchandise at retail;

2)    Business and professional offices;

3)    Service business.

91.30.2 LIMITATION ON USE.

Notwithstanding any other provisions of this Article, no business or enterprise shall be permitted in Zone M-1 which produces or causes any dust, gas, smoke, noise, fumes, odors, or vibrations which

are, or may be, detrimental to other property in the neighborhood, or to the welfare of the occupants thereof.

91.30.3 BUILDING HEIGHT.

The maximum building height shall be regulated by the Building Code of the City of Torrance.

91.30.4 LOT AREA.

No minimum lot area is required.

91.30.5 FRONT YARD.

No minimum front yard depth is required.

91.30.6 SIDE YARD.

No minimum side yard depth is required.

91.30.7 REAR YARD.

No minimum rear yard depth is required.

91.30.8 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

ARTICLE 31 - M-2 HEAVY MANUFACTURING DISTRICT

(Amended by O-1877; O-1878)

91.31.1 PERMISSIBLE USES.

(Amended by O-3766)

No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected or enlarged which is designed, arranged or intended to be occupied or used for any purpose other than the following:

a)    Any use permitted in an M-1 zone.

b)    Any other manufacturing use; provided, however, that the following uses shall be excluded in Zone M-2 unless a permit shall have been obtained therefor as hereinafter provided in Chapter 5:

Acid, manufacture of, including but not limited to ammonia products of hydrocyanic acid, chlorine or other noxious gases

Airports and emergency landing fields as provided for in Chapter 5

Cement and plaster of paris, manufacture of

Distillation of bones, fat rendering, the processing of dead animals and fish products

Explosives or fireworks

Fertilizers and glue

Livestock feed yard

Potash

Pyrozilin plastic products

Refuse dumps as provided for in Chapter 5

Rock crushers, brick yards, quarries, clay or gravel pits

Salvage yards, auto wrecking establishments, junk yards as provided for in Chapter 5

Smelting

Wood distillation products

Any business enterprise which produces or causes any dust, gas, smoke, noise, fumes, odor or vibrations which are or may be detrimental to other property in the neighborhood or to the welfare of the occupants thereof

c)    The following commercial uses for which a conditional use permit has been granted in accordance with the provisions of Chapter 5:

1)    Sales of merchandise at retail;

2)    Business and professional offices;

3)    Service business.

d)    An emergency shelter as defined in Section 91.2.170, subject to the following standards:

1)    An emergency shelter for up to thirty (30) occupants or beds is a permitted use in the M-2 heavy manufacturing zone. Any emergency shelter for more than thirty (30) occupants or beds will be subject to the approval of a conditional use permit.

2)    Any emergency shelter with kitchen facilities serving emergency shelter clients will be subject to the approval of a conditional use permit.

3)    The maximum length of stay for an individual in the same emergency shelter facility will not exceed thirty (30) days in a three hundred sixty-five (365) day period.

4)    An emergency shelter will operate on a first-come, first-serve basis with clients only permitted on site and admitted into the facility between 6:00 p.m. and 8:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night.

5)    Alcohol consumption and illegal drug use are prohibited within the emergency shelter and on the property where the emergency shelter is located. The emergency shelter operator must expel clients from the facility if found using alcohol or illegal drugs.

6)    A screening program to determine client eligibility is required. The emergency shelter will be required to utilize the Los Angeles County region’s current homeless management information system.

7)    An emergency shelter must be situated no closer than three hundred (300) feet from another emergency shelter and at least five hundred (500) feet from a residential zone or use as measured from property line to property line.

8)    A waiting area must be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area must be in a location not adjacent to the public right-of-way, must be visually separated from public view by a minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and must provide accommodation shade/rain protection.

9)    Separate sleeping areas for men, women, and families must be provided within the emergency shelter.

10)    Separate private shower and restroom facilities must be provided for men, women, and families.

11)    Off-street parking must be provided at a ratio of one (1) on-site parking space for every four (4) beds, plus one (1) parking space provided for each emergency shelter employee, staff member, client service provider or volunteer present during the maximum work shift.

12)    An emergency shelter must be located within one-half (1/2) mile from a public bus or public transit stop.

13)    An emergency shelter must post signage that states “No Loitering from 8:00 a.m. to 6:00 p.m.” on the emergency shelter facing the street frontage.

91.31.2 BUILDING HEIGHT.

The maximum building height shall be regulated by the Building Code of the City of Torrance.

91.31.3 LOT AREA.

No minimum lot area is required.

91.31.4 FRONT YARD.

No minimum front yard depth is required.

91.31.5 SIDE YARD.

No minimum side yard depth is required.

91.31.6 REAR YARD.

No minimum rear yard depth is required.

91.31.7 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

ARTICLE 32 - M-L LIMITED MANUFACTURING DISTRICT

(Added by O-1975)

91.32.1 PERMISSIBLE USES.

(Amended by O-2181)

The following uses shall be permitted in the M-L zone:

a)    Offices, professional and executive or administrative offices of commercial, industrial, financial or other firms by Conditional Use Permit as provided in Chapter 5;

b)    Scientific research, development or experimental laboratories;

c)    Manufacture, assembly, testing and repair of components, devices, equipment and systems of an electrical or electromechanical nature, such as, but not limited to:

Coils, tubes, transistors, capacitor, and similar components

Communication, navigation, transmission, control and guidance equipment and systems

Data processing equipment and systems

Metering instruments and equipment

Phonographs and other audio units

Radar and sonar equipment

Television and radio equipment

d)    Manufacture, assembly, testing and repair of optical, medical, dental, drafting, time, musical and photographic equipment, except film.

e)    Manufacture, assembly and repair of testing equipment.

f)    Manufacturing, processing and packaging of pharmaceuticals, drugs, toiletries and cosmetics, except soap.

g)    Research and development facilities for the creation of prototypes.

h)    Printing, engraving, lithographing, blue printing, and photocopying film processing.

i)    Business service establishments such as electronic computer servicing and addressing services.

j)    Manufacturing, assembling, compounding and packaging of articles or products from the following previously prepared materials:

Bristles, bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horns, leather *, paper, plastics **, precious/semi-precious stone, precious/semi-precious metal, shells, textiles, tobacco, yarn

*Excluding etching, burning and other odorous operations.

**Excluding any melting or odorous process.

k)    Manufacture and packaging of candy.

l)    Manufacture of ceramic products utilizing only previously pulverized clay and kilns that are fired only by electricity or natural gas.

m)    Mattress manufacturing, rebuilding and repairing.

n)    Bakeries.

o)    Studio or office for industrial designing, drafting, model making, engineering, architecture, sculpture or painting.

p)    Restaurants, auditoriums, libraries, museums, dispensaries, commissaries and recreational and educational facilities provided for the employees of a permitted use only.

q)    Other industrial or commercial uses for which a use permit has been granted in accordance with the provisions of Chapter 5 of this Division.

91.32.2 BUILDING DEVELOPMENT STANDARDS.

(Added by O-1975; Amended by O-2181)

a)    Lot Area. The minimum lot size of any lot shall be fifteen thousand (15,000) square feet; provided, however, that any lot existing as a legally recorded parcel on January 1, 1970, which does not conform to the above minimum requirement may be developed by conditional use permit if the Planning Commission determines that the following conditions apply:

1)    There are practical difficulties or unnecessary hardships resulting from the strict enforcement of this Section; and

2)    That the proposed development is integrated with the adjacent developments and does not adversely affect the orderly development of the area or the general welfare of the City.

b)    Lot Width. No lot shall be less than sixty (60) feet in width.

c)    Lot Coverage. The ground floor area of the structures shall not exceed eighty (80) percent of the total area of the site.

d)    Setbacks. There shall be a minimum ten (10) foot setback from all streets; provided, however, that at no point shall any building or structure project into an imaginary place established by an angle of sixty (60) degrees projected from the centerline of any public right-of-way and/or property line.

e)    Building Materials. All structures (except signs, trim and minor architectural features) shall be constructed of masonry, ceramics, concrete, wood frame and stucco, metal frame and stucco or other substantial construction materials.

f)    Roof Appurtenances. All roof structures, such as air conditioning units, ventilation pipes, etc., shall be screened so as not to be visible from any street, highway or residential or agricultural district, school or park.

91.32.3 OTHER PROPERTY DEVELOPMENT STANDARDS.

a)    Loading. Loading facilities shall be located in such a manner that all loading operations take place completely within the property lines of the site. The facilities shall be screened by a landscaped or architectural feature so as not to be visible from any adjoining street or highway or adjoining residential, agricultural, school or park land. Loading space shall be provided in accordance with the provisions of Chapter 3 of this Division.

b)    Location of Activities. All activities shall be conducted in enclosed buildings except for storage, loading and unloading, parking of vehicles and similar activities. All areas used for these activities, except parking, shall be enclosed by a solid, uniformly finished wall or fence with solid entrance and exit gates. Such a wall or fence shall be no less than six (6) feet nor more than eight (8) feet in height, and in no case shall goods or materials be stacked or stored higher than said fence.

c)    Parking. Off-street parking shall be provided in accordance with the provisions of Chapter 3 of this Division. All off-street parking areas facing residential or agricultural districts, schools or parks shall be enclosed by a decorative masonry wall not less than three (3) feet in height but no higher than eight (8) feet.

d)    Trash. All trash and refuse storage areas shall be paved and shall be screened by landscape or architectural feature so that the contents will not be visible from any adjoining street or highway or adjoining residential, agricultural, school or park land.

e)    Walls. Where the site abuts a residential or agricultural zone or use, school or park, a solid decorative masonry wall not less than eight (8) feet in height shall be constructed and maintained along the property lines adjoining said residential or agricultural zone, school or park.

f)    Landscaping. All required yards abutting upon streets shall be suitably landscaped with trees, shrubs, or planted ground cover and provided with a sprinkling system. These plants shall be maintained in a neat and orderly manner at all times. All open and unlandscaped portions of any site shall be graded for proper drainage and maintained in a good condition free from weeds, trash and debris.

g)    Signs. Signs shall conform to the following standards:

1)    No billboards or roof signs shall be permitted.

2)    The main building on each parcel or lot may carry the identity of the use or uses provided; said signs are architecturally compatible with the structure.

3)    A free standing identification sign may be used provided the area conforms to the sections of this Code governing signs.

4)    Directional signs pointing to parking areas and loading areas are permitted provided they do not exceed six (6) square feet in area.

91.32.4 PERFORMANCE STANDARDS.

a)    Fire and Explosion. Where no side yard exists between structure, walls must be constructed which have at least a one (1) hour fire rating. Fire suppression equipment, as approved by the Fire Department of the City of Torrance, must be provided and maintained in good working condition on all sites where inflammable or explosive materials are stored or used.

b)    Hours of Operation. Operation of establishments shall be prohibited between the hours of 10:00 P.M. and 7:00 A.M. except with prior approval by the Planning Commission of an application setting forth such information as may be required by the Planning Commission and the Planning Department.

c)    Illumination. Lights illuminating sites or structures shall be so installed and maintained that rays will not be directed beyond the property lines.

d)    Dust, Smoke, Gas and Odor. No establishment shall generate dust, smoke or gases or create objectionable odors perceptible at or beyond the property line by persons of normal sensibilities. The emission of any such substance from any site shall be in accordance with the provisions of the rules and regulations of the Los Angeles County Air Pollution Control District.

e)    Vibration. No equipment, machinery or facility shall be operated so as to generate vibration which is perceptible at or beyond the property line, without the aid of instruments to a person of normal sensibilities.

f)    Heat. No establishment will emit heat beyond its property lines which is objectionable to any person of normal sensibilities or causes damage to adjoining property.

g)    Noise. Sound pressure emitted from any establishment shall not exceed the following values measured at or beyond the property line:

Octave-band Range in cycles/second

Sound Pressure Level in decibels 0.0002 dyne/cm2

below 75

72

75-150

67

151-300

59

301-600

52

601-1200

46

1201-2400

40

2401-4800

34

above 4800

32

91.32.5 PLOT PLAN APPROVAL.

Before any building or other structure is erected the following shall be submitted to the Planning Commission for approval:

a)    A plot plan showing dimensions and location of all existing and proposed buildings, signs, driveways, off-street parking areas, loading and unloading areas, neighboring streets and other pertinent topographic features of the site.

b)    Architectural plans and specifications for all proposed building, signs, walls and fences.

c)    A description of the proposed operation in sufficient detail to set forth its nature and extent.

d)    Landscape architectural plans.

91.32.6 TRASH ENCLOSURES.

(Added by O-2470)

a)    All trash from all uses permitted by this Article shall be kept at all times in enclosures of the type described in this Section.

b)    Trash enclosures as required in this Section shall be bounded on three (3) sides by walls of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be constructed of solid, opaque material.

c)    Trash bins shall remain in the enclosures except during trash pickup.

ARTICLE 35 - P-1 OPEN AREA - PLANTING - PARKING

91.35.1 PERMISSIBLE USES.

(Amended by O-2441)

All property located in Zone P-1 shall be used only for the following purposes:

a)    The landscaping or planting of grass, ice plant, dichondra or similar low growing plants, shrubs or trees, after a landscaping plan is approved by the Planning Director.

b)    Parks and recreation.

c)    Areas set aside for off-street parking of cars for employees and patrons, and driveways to service adjoining property by Conditional Use Permit, as provided in Chapter 5 of Division 9, when such use will not be detrimental to the neighborhood.

91.35.2 USE BY SCHOOL.

No property zoned P-1 shall be used by any public or private school as its only playground or recreation facility, or to such an extent as to render said park unusable to the public for at least ninety (90) percent of the time

91.35.3 MAINTENANCE.

When used in conjunction with improvements or structures placed adjacent thereto, all property zoned P-1 shall be landscaped and planted and shall thereafter be maintained in a reasonable and prudent manner.

ARTICLE 36 - MULTIPLE OWNER-OCCUPIED RESIDENTIAL STRUCTURES

(Added by O-1422; Amended by O-1641; O-2930; O-2933)

91.36.1 DEFINITION.

The term Multiple Owner-Occupied Residential Structure is defined in Section 91.2.81. of this Code.

91.36.2 LOCATION OF MULTIPLE OWNER-OCCUPIED RESIDENTIAL STRUCTURES.

a)    Subject to the provisions of subsection c), no multiple owner-occupied residential structure may be constructed except upon a lot or parcel of land in a zone which permits multiple family residential uses.

b)    Subject to the provisions of subsection c), no existing apartment structure or other multiple family dwelling may be converted to a multiple owner-occupied residential structure except in a zone which permits multiple family residential uses.

c)    A multiple owner-occupied residential structure, which will contain two (2) residential units may be constructed or converted only in a zone permitting two (2) single family dwellings, one (1) two (2) family dwelling, or multiple family residential uses, but not including any C zone.

91.36.3 REQUIREMENTS; SUBDIVISION MAP ACT, CONDITIONAL USE PERMIT.

(Amended by O-3301)

a)    No person shall construct a new multiple owner-occupied residential structure or convert any existing residential structure to multiple owner-occupied residential structure unless he has complied with the provisions of the California Subdivision Map Act, commencing at Section 66410 of the Government Code, and the provisions of Chapter 2, Article 29 of this Division.

b)    No person shall construct a new multiple owner-occupied residential structure or convert an existing residential structure to a multiple owner-occupied residential structure unless he has been issued a Conditional Use Permit pursuant to the provisions of Chapter 5 of this Division.

c)    In order to minimize the possibility that any person will construct a two-family or new multifamily dwelling to the standards of the zone, and then immediately seek to convert said two-family or multifamily dwelling to a multiple owner-occupied dwelling, for the purpose of either avoiding the greater development standards of a multiple owner-occupied dwelling or to avoid the Conditional Use Permit review process prior to construction, and in order to carry out the purposes of this Article, there shall be a one (1) year waiting period after issuance of the Certificate of Occupancy before any such request for conversion may be submitted to the City for consideration.

91.36.4 APPLICATION FOR CONDITIONAL USE PERMIT.

a)    If the application is for construction of a new multiple owner-occupied residential structure, the following information shall be submitted:

1)    Conditional Use Permit application form.

2)    Existing topography of the development area shall be shown with contours of not more than one (1) foot interval, except on steep hillside property, where the contour interval may be greater if approved by the City Engineer.

3)    The gross land area of the development, the present zoning of the property and the location of all existing easements, structures and improvements on the property.

4)    A general development plan with at least the following details to an approved scale and dimensions:

A)    Location and use proposed for each existing and proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances;

B)    All existing and proposed driveway approaches, driving lanes, parking areas, loading and service areas;

C)    All pedestrian walks and open areas for the use of the occupants of the proposed development and/or the public;

D)    Types of surfacing for all proposed walks, parking areas, driveways, and outdoor storage areas;

E)    A detailed plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained;

F)    A grading plan for the entire development;

G)    All existing and proposed physical features such as hydrants, utility facilities, floodlights, pools, sprinklers, drainage facilities, and recreation facilities, and a statement setting forth the method by which these features shall be preserved and maintained;

H)    All existing and proposed easements;

I)    Elevations or architectural renderings of the project to indicate architectural type and the materials of construction.

5)    Copies of the applicable conditions, covenants and restrictions or bylaws that will apply to the proposed development.

6)    The proposed tenant relocation plan as provided in Section 91.36.8

7)    Such other information as may be required by the Planning Director.

b)    If the application is for conversion of an existing two (2) family or multiple family residential structure to multiple owner-occupied residential structure, the following information shall be submitted:

1)    Conditional Use Permit application form.

2)    The gross land area of the development, the present zoning of the property and the location of all existing easements, structures and improvements on the property.

3)    A general development plan with at least the following details to an approved scale and dimensions:

A)    Location and use proposed for each existing and proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances;

B)    All existing and proposed driveway approaches, driving lanes, parking areas, loading and service areas;

C)    All pedestrian walks and open areas for the use of the occupants of the proposed development and/or the public;

D)    Types of surfacing for all proposed walks, parking areas, driveways and outdoor storage areas;

E)    A detailed plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained;

F)    All existing and proposed physical features such as hydrants, utility facilities, floodlights, pools, sprinklers drainage facilities, and recreation facilities, and a statement setting forth the method by which these features shall be preserved and maintained;

G)    All existing and proposed easements;

H)    Elevations or architectural renderings of the project to indicate architectural type and the materials of construction and remodeling.

4)    Copies of the applicable conditions, covenants and restrictions or bylaws that will apply to the proposed conversion.

5)    If the application for a Conditional Use Permit is for conversion of an existing structure to a multiple owner-occupied residential structure, or if the construction of a new multiple owner-occupied residential structure involves the demolition of an existing renter-occupied residential structure, the names and mailing addresses of each such tenant should be furnished. Further, the names and mailing addresses of all former tenants evicted within the sixty (60) days preceding the submission of an application shall be furnished. Each tenant presently occupying any such residential structure shall be notified of each public hearing by the City which concerns the proposed conversion or demolition of the structure in which they reside. Such notice shall be sent by the Planning Director by first class mail not less than five (5) days prior to any such hearing.

6)    Comprehensive reports including the following:

A)    A general structural condition report addressing foundation, framing, interior and exterior coverings, roof, plumbing, electrical wiring, swimming pools, sprinkler systems, utility connections, built-in household appliances, heating and cooling systems and sewer evaluation made by an independent State licensed structural engineer, architect or general contractor and containing a comparison of the installation or construction date of each such item with the useful life expectancy of such item together with an estimate of the replacement or repair costs for any such item having an anticipated useful life expectancy of less than five (5) years. Said structural condition report shall also identify any item of construction or installation which does not meet current construction code requirements, even though such item was installed in accordance with the construction standards in existence at the time of original construction or installations.

B)    A report by an acoustical engineer comparing the acoustical properties of a representative number of dwelling units within the structure to the currently accepted State of California standards for new construction of multiple family residential units, and including a recommendation of what work would be required, if any, to meet these standards;

C)    A pest information report addressing the present condition of the structure as it may be affected by termites, dry-rot, roaches or other insects, and recommending what work would be required, if any, to render the structure free of the infestation;

D)    The latest Fire Prevention Inspection Notice, but if the latest notice is more than six (6) months old, a new inspection shall be required.

7)    The proposed tenant relocation plan as provided in Section 91.36.8

8)    Such other information as may be required by the Planning Director.

91.36.5 DEVELOPMENT STANDARDS; NEW CONSTRUCTION.

Except as hereafter provided, it shall be unlawful to construct or develop any property for a multiple owner-occupied residential structure unless the construction is in compliance with all the conditions of this Section.

a)    The developer shall have complied with the provisions of Section 91.36.3

b)    The multiple owner-occupied residential structure shall comply with the requirements of the zone in which it is constructed, provided that in the event a multiple owner-occupied residential structure of three (3) or more units is constructed in a commercial zone, the zoning requirements for the R-3 zone shall apply.

c)    In addition to the minimum development standards and requirements of the zone in which the multiple owner-occupied residential structure is constructed, the following shall apply:

1)    The proposed Conditions, Covenants and Restrictions (CC&R’s) or bylaws shall be submitted for review by the City and shall make provisions for:

A)    Maintenance of all common areas not owned or controlled by an individual tenant in common or shareholder;

B)    Allocation of off-street parking spaces for residents and guests;

C)    Such other matters of common concern as may be determined by the Planning Commission.

2)    There shall be provided not less than two (2) off-street covered parking spaces for each dwelling unit.

3)    There shall be provided not less than one (1) off-street parking space for each five (5) dwelling units, or fraction of five (5) dwelling units, which spaces shall be designated for guests.

4)    Each multiple owner-occupied residential structure shall comply with the Land Use and Housing Elements of the General Plan.

5)    Each dwelling unit shall have a separate meter for public utility service except that water service may be provided through a master meter.

6)    Each dwelling unit within a multiple owner-occupied residential structure shall be provided with a separate, easily accessible shutoff for gas, water and electricity and such other individual fixture shutoffs as may be required by the plumbing or electrical codes of the City of Torrance.

7)    Each dwelling unit within a multiple owner-occupied residential unit shall have its own separate source of hot water.

8)    The multiple owner-occupied residential structure shall meet current State of California energy conservation standards.

9)    Each multiple owner-occupied residential structure shall provide not less than the minimum amount of open space as required by the zone in which it is located, but in no case less than six hundred (600) square feet per dwelling unit and provided that there shall be a reasonable amount of private open space for each dwelling unit.

10)    There shall be provided for each dwelling unit a usable amount of easily accessible, secured storage area in addition to normally provided clothes and linen closets.

11)    There shall be provided a one (1) hour fire separation, both vertically and horizontally between each dwelling unit within a multiple owner-occupied residential structure that meets the requirements of the City building codes.

12)    There shall be provided acoustical treatment of the floors and walls of each dwelling unit within the multiple owner-occupied residential structure to meet the standards of the State of California for multiple residential units.

13)    Such other and further conditions as may be required by the Planning Commission.

14)    There shall be implemented a tenant relocation plan as provided in Section 91.36.8

91.36.6 DEVELOPMENT STANDARDS; CONVERSIONS.

It shall be unlawful for any person to convert an existing two (2) family or multiple family residential structure into a multiple owner-occupied residential structure unless such conversion is in compliance with the conditions of this Section:

a)    Each prospective purchaser of any dwelling unit within a multiple owner-occupied residential structure must be notified by the developer of the existence and availability of each report required by Section 91.36.4

b)    The developer shall comply with the provisions of Section 91.36.3

c)    Except as hereafter provided in this Article, each building and parcel of land converted to a multiple owner-occupied residential structure shall comply with the provisions of the zone in which it is located, provided, however, that if a multiple owner-occupied residential structure of three (3) dwelling units or more is located in a commercial zone, it shall comply with the provisions of the R-3 zone.

d)    The following special development standards shall apply:

1)    The proposed Conditions, Covenants and Restrictions (CC&R’s) or bylaws shall be submitted for review and shall make provisions for:

A)    Maintenance of all common areas not owned or controlled by any individual tenant in common or shareholder;

B)    Allocation of off-street parking spaces for residents and guests;

C)    Such other matters of concern as may be determined by the Planning Commission.

2)    There shall be provided for each dwelling unit within the multiple owner-occupied residential structure a usable, easily accessible secured storage area in addition to normally provided clothes and linen closets.

3)    Each multiple owner-occupied residential structure shall comply with the Land Use Element and Housing Element of the General Plan.

4)    Each dwelling unit within the multiple owner-occupied residential structure shall have a separate meter for public utility service except that water may be provided through a master meter.

5)    Each dwelling unit within the multiple owner-occupied residential structure shall be provided a separate, easily accessible shutoff for gas, electricity and water, and such other individual fixture shutoffs as may be required by the plumbing and electrical codes of the City of Torrance.

6)    Each dwelling unit within the multiple owner-occupied residential structure shall be provided with a separate source of hot water.

7)    Any building or structure to be converted to a multiple owner-occupied residential structure shall comply with the uniform construction code requirements as of the date of its construction.

8)    The number of dwelling units in the building proposed to be converted to a multiple owner-occupied residential structure shall be no more than the number of dwelling units approved for occupancy by the City as shown on the current Certificate of Occupancy, or building permit records.

9)    There shall be implemented a tenant relocation plan as provided in Section 91.36.8

91.36.7 DEVELOPMENT GUIDELINES; CONVERSIONS.

a)    Provided the building and land proposed to be converted into a multiple owner-occupied residential structure meet the requirements of Section 91.36.6., the following development criteria are goals and guidelines for the apartment conversion and shall be considered by the Planning Commission.

1)    Off-street parking for residents at or exceeding the number of such spaces required by the base zone.

2)    Off-street parking spaces for guests at or exceeding the number of such spaces required by the base zone. In the event the proposed conversion is for ten (10) or fewer dwelling units, the developer shall submit a proposed plan for guest off-street parking.

3)    Open space, both joint use and private which meets or exceeds the amount required by the base zone.

4)    Compliance with current State of California energy conservation standards.

5)    Provisions of one (1) hour fire separation, both vertically and horizontally between dwelling units that meet the requirements of City building codes.

6)    Provisions for acoustical treatment of floors and walls to meet State standards for multiple family dwellings.

7)    Dwelling unit density which does not exceed the density limits of the zone in which the said conversion is located.

b)    To the extent any of the above goals or guidelines cannot be met, the Planning Commission may consider other factors which may tend to mitigate the deficiency caused by loss of the non-met goal.

91.36.8 TENANT DISPLACEMENT AND RELOCATION.

In every case where an existing two (2) family dwelling, or a multiple family residence is converted to a multiple owner-occupied residential structure, or where any two (2) family dwelling or multiple family residence is demolished to provide vacant land on which to construct a multiple owner-occupied residential structure, the following provisions shall be made for the displaced tenants who do not choose to become buyers of one (1) or more of the units.

a)    The developer of any such conversion or demolition and reconstruction project shall submit a written plan to the Planning Director of the proposed method of effecting the tenant displacement and relocation from the subject rental properties. Such plan shall contain the following minimum provisions:

1)    Payment in full of the standard relocation payment.

2)    Prior to any tenant relocation, the developer shall meet with each tenant in good faith and attempt to find a suitable, substitute rental unit of comparable size, location and rental rate, taking into account any special needs of the tenant such as age, disability, proximity to needed services, and income. Insofar as possible, more than one such substitute dwelling unit shall be investigated and offered for the tenants review. If necessary, the developer shall provide transportation at reasonable times for each tenant to make such a review.

3)    In the event no suitable substitute dwelling can be found which is acceptable to the displaced tenant, or if tenant elects, said tenant shall be paid the standard relocation payment at the time of his actual eviction, or such reasonable time before such eviction as may be mutually agreed upon by the displaced tenant and developer which will allow the said tenant to use the money for actual relocation costs.

b)    Tenant relocation efforts may commence at any point in the review process, but in no event shall any tenant be required to move in less than one hundred twenty (120) days following notice to do so by the developer.

c)    The term tenant means all the permanent residents, as a group, residing in a single dwelling unit. A displaced tenant is any tenant who has received a notice of eviction from their residence pursuant to a plan to convert that residence into a multiple owner-occupied residential structure or to demolish the residence in order to construct a new multiple owner-occupied residential structure.

d)    In the event other, or different arrangements for tenant relocation are mutually agreed upon in writing between the tenant and the developer, such written agreement shall be submitted to the City for review as part of the relocation plan. Such other or different arrangements shall be approved unless there is substantial evidence that such agreement was not intelligently made or was not voluntary.

e)    In the event the developer determines that any tenant has seriously violated any term of a written lease, or there is substantial evidence that a tenant is doing, or is likely to do damage to the residence prior to terminating tenancy, the developer may proceed with eviction as provided by law.

In the event any tenant is so evicted for cause, he shall not be entitled to any moving expense or in lieu of payment.

It shall be the duty of the developer to show such facts to the satisfaction of the Planning Commission as part of the tenant relocation plan.

f)    In the event a developer applies for a Conditional Use Permit to construct a multiple owner-occupied residential structure on vacant land which had on all or part thereof a multiple family residence or two (2) family dwellings at any time within the preceding twelve (12) months, which was demolished, it will be presumed that such demolition was for the purpose of effecting the proposed multiple owner-occupied residential structure, and each tenant displaced from such demolished multiple family residence of two (2) family dwellings shall be entitled to a moving expense payment equal to the standard relocation payment.

g)    As used in this Section, the standard relocation payment shall be One Thousand Dollars ($1,000.00) and said sum shall be adjusted upward or downward each year on January 1, a percentage amount which is equal to the percent of change from the previous year in the Consumer Price Index for the Los Angeles/Long Beach area, using the year 1967 as a base of 100.

91.36.9 PLANNING COMMISSION CONSIDERATION.

In addition to the development standards, goals and guidelines contained in this Article, the Planning Commission shall consider the following in making their determination whether to deny, approve, or approve subject to conditions, any conversions to multiple owner-occupied residential structure.

a)    The effect, if any, the conversion will tend to have on the health, safety and welfare of the community as a whole.

b)    The consistency of the proposed conversion to the General Plan, considering the land use, density and housing element.

c)    The overall effect of the proposed conversion on the development of the City, considering the size of the conversion, the age and condition of the structure, the aesthetic factors and the safety to residents.

d)    The likely effect of the proposed conversion on the displaced tenants and on the availability of similar rental housing in the area.

e)    The cumulative effect of the proposed conversion on the City housing market and the availability of alternate housing.

f)    The extent to which the applicant developer meets the conversion guidelines set forth in Section 91.36.6. and Section 91.36.7. and the feasibility or reconstructing the existing structure(s) in whole or in part to meet such guidelines and goals, or any of them, and the feasibility of providing other mitigating measures to offset deficiencies.

91.36.10 EXCEPTION FOR SENIOR CITIZEN HOUSING UNITS.

(Added by O-3365)

Notwithstanding the provisions of this Article, if a new senior citizen housing project is proposed, pursuant to the provisions of Section 95.3.45, the off-street parking and open space requirements of Section 91.36.5. shall not apply.

ARTICLE 37 - P-U PUBLIC USE DISTRICT

(Added by O-1811; Amended by O-2988)

91.37.1 PURPOSE.

The standards of this District (P-U Public Use District) are designed to retain and provide land areas for public use and to place the public and all elected officials and public agencies on notice of proposed changes in the use of such lands.

91.37.2 PERMISSIBLE USES.

All property located in Zone P-U shall be used only for the following purposes:

a)    All City, County, State and Federal offices or facilities including, but not limited to civic centers, fire and police stations, libraries and post offices.

b)    All City, County, State and Federal offices or facilities leased from private individuals or other government agencies for a period of more than five (5) years.

c)    All City, County, State or Federally owned or operated parks, playgrounds, beaches, recreation areas, open spaces, sumps and landfills.

d)    All offices and facilities owned or operated by public school districts including State Colleges and Junior Colleges.

e)    The offices and facilities owned or operated by any public governmental agency, or any body of persons charged with the responsibility of administering publicly owned or operated property including, but not limited to Redevelopment Agencies, water districts, park districts, school districts and recreation districts.

91.37.3 CONDITIONAL USES.

(Added by O-2308; O-2309)

a)    Property located in the P-U zone may be used for such quasi-public purposes as privately owned or operated educational institutions including grades one (1) through twelve (12), community colleges, colleges, churches and other eleemosynary uses when a Conditional Use Permit has been granted in accordance with the provisions of Chapter 5.

b)    A Conditional Use Permit shall not be granted unless the Planning Commission shall find:

1)    That the use is compatible with and will not adversely affect adjacent uses.

2)    That the use will not result in unusual traffic or parking problems for the adjacent uses.

3)    That adequate landscaping, fencing, paving, site maintenance and other improvements will be provided to protect and/or enhance the overall appearance of the area in which such uses are situated.

ARTICLE 38 - H-M-D HOSPITAL-MEDICAL-DENTAL DISTRICT

(Added by O-2061; Amended by O-2218)

91.38.1 PERMITTED USES.

No building, structure, improvement or premises shall be used, and no building structure, or improvement shall be erected, constructed, established, altered or enlarged which is designed or arranged, or intended to be occupied or used, for any purpose other than the following:

a)    Hospital as defined by this Code

b)    Rest home, guest home and home for aged

c)    Professional office offering medical, dental and related services

d)    Accessory buildings and facilities necessary for the successful functioning of the hospital, such as, maintenance shops, power plants, etc.

e)    The following uses shall be allowed only if they are primarily for the convenience of doctors, patients, visitors and employees, provided that no signs shall be allowed in connection therewith without the approval of the Planning Commission.

1)    Recreational facility

2)    Parking structure

3)    Laundry

4)    Library

5)    Restaurant and cafeteria

6)    Barber and beauty shop

7)    Day nursery

8)    Dormitory

9)    Florist

10)    Gift shop

11)    Book shop

12)    Pharmacy

f)    The following uses may be permitted if a conditional use permit has been granted in accordance with the provisions of Chapter 5, Division 9

1)    Institutions for the treatment of alcoholics

2)    Long-term facility for the chronic mentally ill

3)    Mental hygiene home

4)    School for mentally retarded

5)    Ambulance service facility

6)    Medical or dental schools and their ancillary facilities

7)    Commercial uses not otherwise mentioned in this Article

91.38.2 SETBACK.

There shall be a minimum twenty (20) foot setback from all streets, provided, however, that at no point shall any building or structure project into an imaginary plane established by an angle of sixty (60) degrees projected from the centerline of any public right-of-way and/or property line.

91.38.3 BUILDING HEIGHT.

The building height shall be regulated by the Building Code of the City of Torrance.

91.38.4 ENCLOSURE OF MECHANICAL EQUIPMENT.

All mechanical equipment, plumbing lines, storage tanks, and duct work shall be screened on all sides with solid material architecturally compatible with the main structure.

91.38.5 UNDERGROUND UTILITIES.

Utilities shall be provided underground. There shall be no additional poles constructed to service the facilities and no overhead wires will be provided from the point of connection to any improvements within the proposed facility.

91.38.6 LANDSCAPING.

(Amended by O-3426)

a)    A complete landscaping plan shall be submitted for approval by the Planning Director. Plants used shall be listed alphabetically and a key number shall be assigned to each plant so that they can be easily located on the plan. The landscaping plan must include the following:

1)    Botanical and common names of the plants to be used;

2)    Sizes of the plants to be used;

3)    Quantity of each plant to be used;

4)    The spacing and layout of landscaping and hardscaping materials;

5)    The location of the sprinkler system.

b)    All landscaping shall be permanently maintained.

c)    An automatic sprinkler system shall be provided.

d)    In addition to the above, in cases where the subject parcel of land is located within the Hawthorne Boulevard Corridor Specific Plan area, the landscaping standards and guidelines as provided in Chapter IV and Chapter V of the Hawthorne Boulevard Corridor Specific Plan shall apply.

91.38.7 INTERNAL NOISE LEVEL.

The initial design of facilities in the H-M-D zone shall provide for adequate insulation to protect said facilities from expected increases in future outside noise levels. Interior noise levels shall not exceed the following:

 

Frequency in cycles per second

Sound Pressure levels db re .0002 dyne/cm2

Business Offices, Waiting rooms and Laboratories

63

78

125

72

250

67

500

63

1,000

61

2,000

59

4,000

58

8,000

57

Doctors’ examination rooms

63

72

125

65

250

58

500

54

1,000

51

2,000

49

4,000

48

8,000

47

Doctors’ consultation offices

63

68

125

61

250

55

500

50

1,000

46

2,000

44

4,000

43

8,000

42

Nursing rooms

63

61

125

53

250

47

500

41

1,000

37

2,000

34

4,000

33

8,000

32

91.38.8 PLAN APPROVAL.

(Amended by O-3426)

Before any building or other structure is erected, the following must be submitted to and approved by the Planning Commission:

a)    Plot plan showing dimensions and locations of all existing and proposed buildings, driveways, off-street parking areas, loading and unloading areas, landscaping plans, adjacent streets, outside lighting plan and other pertinent features of the sites;

b)    Architectural plans and specifications for all proposed buildings, walls and fences;

c)    A description of the proposed operation in sufficient detail to set forth its nature and extent.

d)    Notwithstanding subsections a), b), and c) above, in cases where the subject parcel of land is located within the Hawthorne Boulevard Corridor Specific Plan area, all development activity thereon shall be subject to a Development Permit as provided for in Article 35, Chapter 2 of this Code. For the purposes of this Section, development activity shall include:

1)    Construction of a new building or structure;

2)    The enlargement of an existing building or structure;

3)    The exterior alteration of an existing building or structure;

4)    Any intensification in use of a structure or parcel of land for which a Development Permit, or other similar entitlement permit, has never been issued; or

5)    Any substantial remodel, which is defined as the removal of fifty (50%) percent or more of the exterior wall area or removal of fifty (50%) percent or more of the supporting members of a building or structure such as bearing walls, columns, beams or girders, whichever is stricter.

91.38.9 DESIGN REVIEW.

(Added by O-3426)

All property zoned HMD and located within the Hawthorne Boulevard Corridor Specific Plan area is subject to the Design Guidelines and Design Review procedures of Chapter V and Chapter VII of the Hawthorne Boulevard Corridor Specific Plan. For the purposes of this section, any new building or structure, any enlargement of an existing building or structure, any exterior alterations of an existing building or structure, all on-site improvements, and any modification of an approved landscaping plan or parking lot design shall be subject to these Design Guidelines as applicable. Only those projects expressly listed in Chapter V of the Hawthorne Boulevard Corridor Specific Plan may be exempted from this requirement.

ARTICLE 39 - R-TH RESIDENTIAL TOWNHOUSE DISTRICT

(Added by O-2179)

91.39.1 PURPOSE.

The purpose of the Residential Townhouse District is to establish a method whereby land may be designed and developed as a unit for single family residential use by taking advantage of modern site planning techniques in order to produce an environment of stable, desirable character which will be in harmony with existing or potential development of the surrounding neighborhood.

91.39.2 USES PERMISSIBLE IN THE RESIDENTIAL TOWNHOUSE DISTRICT.

(Amended by O-3453)

The following uses are permissible in a Residential Townhouse District:

a)    Any use permitted in the R-1 district;

b)    Home occupation in a residential unit;

c)    Small family day care home;

d)    Large family day care home subject to approval of a large family day care permit;

e)    Use as Townhouse Planned Developments as defined in Article 2 of this Chapter subject to the issuance of a conditional use permit, together with private parks, recreational areas, recreation buildings and structures, clubs and social halls, playfields, playgrounds, and swimming pools in connection with said developments; provided, that the above or similar uses shall not be operated for business or commercial purposes.

91.39.3 APPLICATION FOR CONDITIONAL USE PERMIT.

The application for the Conditional Use Permit required for a Townhouse Planned Development shall include:

a)    A tentative subdivision map;

b)    Existing topography of the development area shall be shown with contours of not more than one (1) foot intervals, except on steep hillside property, where the contour interval may be greater if approved by the City Engineer;

c)    The gross land area of the development, the present zoning of the property and the location of all existing easements, structures, and improvements on the property;

d)    A general development plan with at least the following details:

1)    Location and use proposed for each existing and proposed structure in the development area, the number of stories, gross building areas, and approximate location of entrances;

2)    All existing and proposed driveway approaches, driving lanes, parking areas, loading and service areas;

3)    All pedestrian walks and open areas for the use of the occupants of the proposed development and/or the public;

4)    Types of surfacing for all proposed walks and driveways;

5)    A detailed plan for the landscaping of the development, including location and height of all proposed walls, fences, and screen planting, and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained;

6)    A grading plan for the entire development;

7)    All existing and proposed physical features such as hydrants, utility facilities, floodlights, drainage facilities, and recreation facilities and a statement setting forth the method by which these features shall be preserved and maintained;

8)    All existing and proposed easements;

9)    Elevations or architectural renderings of the project to indicate architectural type and the materials of construction.

91.39.4 MINIMUM DEVELOPMENT STANDARDS.

A Townhouse Planned Development shall have sufficient land area to meet the objectives of the R-TH District, as set forth in Section 91.39.1. Sufficient size shall be established by conditional use permit based on the following criteria:

a)    The size and shape of the site shall be adequate for the provision of a workable and desirable site plan.

b)    The homeowner’s association shall be of sufficient size to operate functionally and shall be able to meet the cost of maintaining common grounds and facilities without imposing undue financial strain on individual members.

91.39.5 MAXIMUM DENSITY.

The maximum number of dwelling units in a Townhouse Planned Development shall not exceed twelve (12) residential units per net acre of land in developments of less than five (5) acres and fifteen (15) units per net acre of land in developments of five (5) acres or more.

91.39.6 USEABLE OPEN SPACE.

A minimum of one thousand (1,000) square feet of usable open space shall be required for each dwelling unit, and shall be provided as personal open space for the private use of the occupants of each dwelling unit, and as common open space for the use of all occupants. Yards and open space shall be dimensioned on the required plans and shall be established by conditional use permit for each development. A common open space may include, but is not limited to the following:

Areas devoted to sports and games

Barbecue and picnic area

Card and game rooms

Golf course

Hobby areas

Putting greens

Reading rooms and libraries

Recreational halls

Swimming pools

Utility areas

91.39.7 BUILDING HEIGHT.

The maximum building height shall be thirty-five (35) feet. However, the Planning Commission may limit the number of stories in any or all buildings in a Townhouse Planned Development when it finds that due to the unique characteristics of a Townhouse Planned Development, reasonable standards of light and air cannot be met.

91.39.8 DISTANCE BETWEEN BUILDINGS.

No building shall be less than fifteen (15) feet from any other building or structure, unless attached by a solid roof, and no multi-level building shall be less than twenty (20) feet from any other building or structure unless attached by a solid roof.

91.39.9 MINIMUM UNIT SIZE.

The following minimum square footage (center-to-center wall) shall be applied to all units:

One bedroom

700 sq. ft. or more

Two bedroom

900 sq. ft. or more

Three bedroom

1200 sq. ft. or more

Four bedroom

1350 sq. ft. or more

 

 

Any room provided for sleeping purposes only shall have not less than one hundred twenty (120) square feet of floor area in each such room.

91.39.10 LAND DEDICATION REQUIRED.

The developer of a Townhouse Planned Development shall be required to dedicate land required for public purposes in the same manner as a subdivider under Chapter 2 of Division 9 of this Code.

91.39.11 PARKING.

Off-street parking shall be provided pursuant to Section 93.2.1. of this Code. In addition, there shall be provided not less than one-half (1/2) parking space for each dwelling unit, distributed throughout the project so as to be accessible for guest use. Said parking may be along private streets within the project, or off-street and may be open or covered.

91.39.12 CONDITIONS, COVENANTS AND RESTRICTIONS.

a)    Any conditions, covenants and restrictions on any Townhouse Planned Development shall be subject to the approval of the Planning Commission and the City Council of the City of Torrance, and shall be written so as to be enforceable by said City.

b)    No building, structure, fence or wall shall be constructed upon any of the open spaces, common areas, walkways, driveways or open parking areas, shown upon the development plan as approved by the City Council unless approval for such construction has been specifically obtained from the Planning Commission and the City Council.

c)    A homeowner’s association, providing for the automatic and compulsory membership of every homeowner within a Townhouse Planned Development shall be in effect before the final approval of said project and shall be given the authority and responsibility for insuring the development and maintenance of common grounds and facilities. Upon failure to maintain common grounds and facilities, the City shall have the authority to provide maintenance and to collect payment from homeowner’s association for such services.

91.39.13 REVOCATION OF CONDITIONAL USE PERMIT.

Any conditional use permit granted pursuant to the provisions of this Section shall contain a condition providing for the revocation of said conditional use permit if:

a)    Open areas and recreational areas are not preserved and maintained;

b)    Automobile storage and adequate access thereto is not preserved and maintained; or

c)    There is any violation of the conditions under which the conditional use permit has been issued.

91.39.14 PROHIBITION OF TOWNHOUSE PLANNED DEVELOPMENTS IN OTHER DISTRICTS.

No Townhouse Planned Development as defined in Article 2 of this Chapter shall be permitted in any land use zone or district in the City of Torrance except as provided in this Article 39.

ARTICLE 40 - DOWNTOWN TORRANCE DISTRICT

(Added by O-2625; Amended by O-2650)

91.40.1 CREATION OF DISTRICT.

A Downtown Torrance District is hereby established, the boundaries of which shall be as follows:

Commencing at the intersection of Cota Avenue and the first alley north of Torrance Boulevard, easterly along said alley to the alley between Cravens Avenue and Sartori Avenue, then south to Torrance Boulevard, easterly along Torrance Boulevard to Border Avenue, south along Border Avenue to the first alley south of Carson Street, westerly along said alley to Gramercy Avenue, north and east along Gramercy Avenue to the first alley southwest to Cravens Avenue, northwesterly along said alley to Portola Avenue to Torrance Boulevard west on Torrance Boulevard to Cota Avenue, north on Cota Avenue to the point of beginning.

91.40.2 DISTRICT IS OVERLAY ZONE.

The Downtown Torrance District shall be an overlay zone. All parcels of land or portions thereof shall be subject to the regulations of said zone in addition to the regulations of the underlying zone as provided in this Code.

91.40.3 UNDERLYING ZONE CONTROLS LAND USE.

The general use of land in the Downtown Torrance District shall be based on the underlying zone. The regulations provided in this Article shall apply in addition to the requirements of the underlying zone.

91.40.4 SPECIAL DEVELOPMENT PERMIT.

a)    A Special Development Permit shall be issued for establishments or reestablishment of any use in the Downtown Torrance District. This provision shall not apply to reestablishment of a use in a premises which has been unoccupied for less than ninety (90) days.

b)    Special Development Permits shall be issued by the Planning Director after review of the proposed development if he finds:

1)    That the use does not tend to create or increase blight;

2)    That the use is compatible with surrounding uses;

3)    That the use will not tend to decrease property values in the area;

4)    That the design will not tend to promote blight;

5)    That the use does not create major parking problems in the District.

c)    The Planning Director may impose such conditions on Special Development Permits as he finds will tend to improve the appearance of structures in the District, will improve property values, increase safety, reduce blight and deterioration and result in compliance with the laws of the City of Torrance and the State of California.

d)    Where the Planning Director determines that a matter is of significant public interest or affects a significant area or portion of the community, that matter shall be referred to the Planning Commission for decision and shall be treated as though it was an appeal from a decision of the Planning Director.

e)    The requirements of this Section shall be in addition to the requirements set out in any other part of this Code; however, it shall not be construed to require a Special Development Permit where a Conditional Use Permit is already required.

91.40.5 NOTICE.

The Planning Director shall notify the owners of the properties contiguous to that for which a Special Development Permit is sought of his decision thereon.

91.40.6 RIGHT OF APPEAL.

(Amended by O-2822)

a)    All decisions of the Planning Director may be appealed to the Planning Commission within fifteen (15) days from their issuance.

b)    Hearings shall be held by the Planning Commission and notice provided in the same manner as prescribed for a Conditional Use Permit in Article 5 of this Division.

c)    The fee for an appeal to the Planning Commission shall be Fifty Dollars ($50.00).

d)    Any decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1

91.40.7 MAINTENANCE OF PROPERTY; NUISANCES.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the Downtown Torrance District to maintain such premises in such manner that any of the following conditions are found to exist thereon:

a)    Buildings which are abandoned, partially destroyed, or left in a state of partial construction for prolonged periods, and as a result thereof are unmaintained and deteriorating;

b)    Attractive nuisances in the form of abandoned and broken equipment dangerous to children;

c)    Maintenance of premises in such conditions as to be detrimental to the public health, safety, morals or general welfare;

d)    Property maintained in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

e)    Property maintained by itself or in conjunction with others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

f)    For the purposes of this Section, abandonment shall mean unoccupied, unmaintained for a period of two (2) years.

91.40.8 ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION OR REMOVAL.

All or any part of premises found as provided herein, to constitute a public nuisance, may be abated by rehabilitation, demolition or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not in any manner limit or restrict the City from enforcing the City ordinances or abating public nuisances in any other civil proceeding provided by law.

91.40.9 DECLARATION OF NUISANCE.

Whenever the Planning Commission finds that any premises within the Downtown Torrance District is maintained contrary to one (1) or more of the provisions of Section 91.40.8., the Planning Commission shall institute proceedings to declare such premises a public nuisance in accordance with the procedures established in Article 32 of Chapter 2 of Division 9 of this Code.

ARTICLE 41 - R-H HILLSIDE AND LOCAL COASTAL OVERLAY ZONE

(Added by O-2747; Amended by O-2760; O-2961; O-2982; O-3027; O-3110, O-3126, O-3144)

91.41.1 HILLSIDE AND COASTAL ZONE.

a)    The Hillside and Local Coastal Overlay Zone shall consist of the area designated in the maps attached following this Article, marked Exhibits A, B and C to this section, which are incorporated in this Code by this reference.

b)    The provisions of this Article shall apply to all properties within the Overlay Zone in addition to the requirements of the underlying zone, except as provided in this Article. No permits shall be issued for development in the Hillside and Coastal Zone unless the requirements of this Article have been met.

91.41.2 APPLICATION OF PREEXISTING ZONE.

Nothing contained in this Article shall be deemed to repeal any provision of this Code, and the requirements of all preexisting zones in existence in the area encompassed by this Overlay Zone shall be and remain in full force and effect in addition to the requirements of the Overlay Zone, except that the requirements of the Overlay Zone shall be applied where the requirements and standards contained therein are more restrictive than those of the preexisting underlying zones.

91.41.3 LOT DIMENSIONS.

(Amended by O-3283)

Residential lots within the Overlay Zone shall provide a minimum lot width of fifty (50) feet for interior lots or sixty (60) feet for exterior lots, plus one (1) foot for each one percent (1%) slope in excess of fifteen percent (15%) based on existing grade or finished grade, whichever is more restrictive.

91.41.4 PUBLIC HEARING.

a)    Upon receipt of the complete application, the Planning Director shall set a date, time and place for a public hearing thereon as soon as practicable and shall send notice thereof to the owners of land included within a three hundred (300) foot radius of the exterior boundaries of the land for which the permit is sought as shown on the last equalized assessment roll. The Planning Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Planning Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

b)    The applicant shall have the burden of proving that all the requirements of this Article have been met.

c)    The Planning Commission may consider all measures which are proposed by the project proponents to be included in the project and other measures that are not included but could reasonably be expected to reduce the adverse impacts of the project, if required as conditions.

91.41.5 PRECISE PLAN.

a)    Any development on a lot within the Hillside and Coastal Zone shall be subject to approval by the Planning Commission of a Precise Plan in accordance with Chapter 6 of this Division 9, except as provided in Sections 91.41.7, 91.41.8, and 91.41.14 of this Article.

b)    Nothing in this chapter shall be construed to permit the restrictions which are less restrictive than those established in the this Code, or in the California Coastal Act as to those properties lying westerly of Palos Verdes Boulevard in the Coastal Zone as defined by the California Coastal Act.

c)    Nothing in this Article shall be construed to authorize the Planning Commission to impose conditions more restrictive than the express provisions of this Code or the California Coastal Act as to those properties lying westerly of Palos Verdes Boulevard in the Coastal Zone as defined in the California Coastal Act when so doing would render construction on any lot impossible where such construction would be possible in accordance with the Code as written.

d)    The requirements, restrictions and conditions of the California Coastal Act, commencing at Section 30000 of the Public Resources Code of the State of California and any implementing regulations authorized by law, are incorporated by this reference as to the properties lying westerly of Palos Verdes Boulevard in the Coastal Zone as defined in the California Coastal Act.

91.41.6 PLANNING AND DESIGN.

(Amended by O-3477)

No construction and no remodeling or enlargement of a building or structure shall be permitted unless the Planning Commission (or the City Council on appeal) shall find that the location and size of the building or structure, or the location and size of the remodeled or enlarged portions of the building or structure, have been planned and designed in such a manner as to comply with the following provisions:

a)    The proposed development will not have an adverse impact upon the view, light, air and privacy of other properties in the vicinity;

b)    The development has been located, planned and designed so as to cause the least intrusion on the views, light, air and privacy of other properties in the vicinity;

c)    The design provides an orderly and attractive development in harmony with other properties in the vicinity;

d)    The design will not have a harmful impact upon the land values and investment of other properties in the vicinity;

e)    Granting such application would not be materially detrimental to the public welfare and to other properties in the vicinity;

f)    The proposed development will not cause or result in an adverse cumulative impact on other properties in the vicinity.

91.41.7 PERMITTED DEVELOPMENT - RESIDENTIAL.

Notwithstanding the provisions of this Article, no Precise Plan shall be required if the proposed development within the Hillside and Coastal Overlay Zone is for the purpose of constructing, remodeling or enlarging a dwelling, provided the following requirements are met:

a)    The net interior area of the completed dwelling, whether it is new construction or remodeled or enlarged, including the area of the garage, whether attached or detached, will not exceed fifty percent (50%) of the area of the lot or parcel on which the dwelling is located;

b)    The dwelling (or in the case of remodeling or enlargement, the portion remodeled or enlarged) will be one (1) story; and provided further that no portion of the roof of the dwelling (or in the case of remodeling or enlargement, no portion of the remodeled or enlarged roof) will be used as a deck, sun-deck or patio, nor will any equipment or appurtenances be mounted on the roof or protrude through the roof (except for ordinary plumbing or heater vents) nor extend above the roof eave line; provided further that a chimney will be permitted if the portion extending above the roof eave line is no larger than the minimum dimensions required by the Torrance Building Code.

c)    Except as provided in this subsection, no portion of the dwelling, in the case of new construction, will exceed fourteen (14) feet in height, measured from the ground at finished grade, but not including any berm. In the case of remodeling or enlargement, the portion remodeled or enlarged shall not exceed the height of the lowest portion of the remainder of the dwelling, or fourteen (14) feet measured from the ground at finished grade, but not including any berm, whichever is less. In the case of a down-sloping lot, no portion of the dwelling shall exceed fourteen (14) feet in height, measured from the top of the curb at the center point of the front property line. Vents and a chimney, as provided in subsection b) of this section, shall not be considered in the height measurements.

d)    The Planning Director has determined that the proposed development will not have an adverse effect on other properties in the vicinity, and there is no significant public controversy thereon.

91.41.8 PERMITTED DEVELOPMENT - COMMERCIAL.

Notwithstanding the provisions of this Article, no Precise Plan shall be required if the proposed development within the Hillside and Coastal Overlay zone is for the purpose of constructing, remodeling or enlarging a commercial building, located in a commercial zone, if the following requirements are met:

a)    In the case of remodeling or enlargement of a building, the net interior area of the resulting building will not be increased by more than fifty percent (50%) as a result of the remodeling or enlargement;

b)    The commercial building (or in the case of remodeling or enlargement, the portion remodeled or enlarged) will be one (1) story; and provided, further, that in the event the commercially zoned lot adjoins any lot used for residential purposes, no portion of the roof (or in the event of remodeling or enlargement, no portion of the remodeled or enlarged roof) will be used as a deck, sun-deck or patio, nor will any equipment or appurtenances be mounted on the roof, protrude through the roof, or extend above the roof, or extend above the roof eave line (except for ordinary plumbing or heating vents);

c)    No portion of the building, in the case of new construction, will exceed fourteen (14) feet in height, measured from the ground at finished grade, but not including any berm. In the case of remodeling or enlargement, the portion remodeled or enlarged shall not exceed fourteen (14) feet in height, measured from finished grade, but not including any berm, or shall not exceed the height of the lowest portion of the remainder of the building, whichever is less. Ordinary plumbing or heating vents, as provided for in subsection b) of this section shall not be considered in the height measurement;

d)    The Planning Director has determined that the proposed development will not have an adverse effect on other properties in the vicinity, and there is no significant public controversy thereon.

91.41.9 DEVELOPMENT STANDARDS.

a)    For slope control:

1)    All structures shall have roof drainage directed to the street or other approved drainageways by approved methods;

2)    All excavations, paving, hillside and slope earthwork construction, landscaping and grading, including fills and embankments, shall meet building and grading Code requirements;

b)    For safety, general welfare, aesthetic control, and to help stabilize land values and investments;

1)    Stilt-type structures shall be constructed in such a way that there is no exposure to public view of plumbing, electrical, mechanical equipment, ducts, pipes or other construction appurtenances normally associated with a residential or commercial structure;

2)    Swing-in garages and circular driveway are encouraged on wide lots to allow vehicles to enter the public way in a forward manner when such drives are landscaped appropriately;

3)    There shall be a level setback of not less than five (5) feet on that portion of a hillside lot between the wall of any structure on such lot and any adjacent slope of greater than 15% of such lot;

4)    The proposed development will not result in a substantial change in the physical conditions which exist in the area affected by the proposed project.

91.41.10 LIMITATION ON INCREASES IN HEIGHT.

No enlargement in any building or structure, or any remodeling of any building or structure, shall be permitted which causes the height of such building or structure or any part thereof, to be higher than before the remodeling or enlargement, unless the Planning Commission (or City Council on appeal) shall find that:

a)    It is not feasible to increase the size of or rearrange the space within the existing building or structure for the purposes intended except by increasing the height;

b)    If such lack of feasibility is proved:

1)    Denial of such application would result in an unreasonable hardship to the applicant; and

2)    Granting the application would not be materially detrimental to the public welfare and to other properties in the vicinity.

91.41.11 LIMITATION ON INCREASES IN BUILDING SPACE LOT COVERAGE.

a)    No remodeling or enlargement shall be made to any building or structure, except for commercial uses in a commercial zone, which remodeling or addition increases the net interior floor area of the building or structure so that it exceeds fifty percent (50%) of the number of square feet in the lot or parcel of land upon which the building or structure is located unless the Planning Commission (or the City Council on appeal) shall find that:

1)    Denial of such application would constitute an unreasonable hardship to the applicant; and

2)    Granting of such application would not be materially detrimental to the public welfare, and to other property in the vicinity.

b)    For purposes of this section, the term "commercial zone" shall mean any zone in which commercial uses are permitted, or are permitted with a Conditional Use Permit.

91.41.12 WAIVERS.

Waivers may be granted pursuant to the provisions of Chapter 4, Article 2, of this Division; provided, however, that the building height requirements of this Article may be changed only pursuant to a Precise Plan. Where both a Waiver and a Precise Plan are necessary, both may be processed as a single matter.

91.41.13 GUIDELINES FOR REVIEW OF COASTAL DEVELOPMENT.

a)    The following factors, in addition to the California Coastal Act, related State regulations and the other provisions of this Article, shall be considered by the Planning Commission when reviewing any development regardless of zone as to those properties lying westerly of Palos Verdes Boulevard in the Coastal Zone as defined in the California Coastal Act:

1)    Multiple-family dwellings should not exceed thirty-five (35) feet above existing grade elevation;

2)    Roof signs should not be permitted; and

3)    Ground signs should be limited to monument-type signs with a maximum height of eight (8) feet above the front property line.

b)    The following factors should be considered during review of any development proposed for the coastal bluffs or adjacent to the sandy beach areas:

1)    No improvements will be allowed west of the safe building line established by the Department of Building and Safety for Lots 149 through 164, Tract 18379;

2)    No construction will be allowed between the safe building line and the west side of Paseo de la Playa, or on any lots north of Lot 148, Tract 18379, without a soils and geologic investigation being filed with the Department of Building and Safety;

3)    No development will be allowed without supporting data showing proof of bluff and supporting soils stability being filed with the Department of Building and Safety;

4)    Whether the proposed development impairs access to the beach areas for use by the general public;

5)    Whether the proposed development is incompatible with recreational usage by the general public; and

6)    Whether the proposed development will result in blockage of coastal views from public rights-of-way.

91.41.14 EXEMPTIONS.

a)    Unless in the opinion of the Director of Building and Safety, based upon the criteria of Sections 91.41.6, 91.41.9, 91.41.10, 91.41.11 and 91.41.13 of this Article, such improvements may have a significant adverse effect on surrounding properties, the following shall be exempt from review under Section 91.41.9 of this Code, regardless of the valuation of improvements: retaining walls three (3) feet or less in height, interior modifications, maintenance or replacement of existing improvements, fences six (6) feet or less in height, grade walls, architectural appurtenances and nonoccupied areas, including but not limited to, uncovered decks, swimming pools, jacuzzis and open patios and those developments exempted by the California Coastal Act where applicable.

b)    The Planning Director may exempt the following from review under Section 91.41.5 of this Article upon determining that there is no significant public controversy thereon unless in the opinion of the Planning Director or the Director of Building and Safety, based upon the criteria of Sections 91.41.6, 91.41.9, 91.41.10, 91.41.11 and 91.41.13 of this Article, the improvements may have a significant adverse effect on such surrounding properties, regardless of the value of such improvements: retaining walls over three (3) feet in height, balconies, patios, covered decks or any other occupied areas or solar panels; and those developments exempted by the California Coastal Act where applicable.

ARTICLE 42 - P-D PLANNED DEVELOPMENT DISTRICT

(Added by O-3018)

91.42.1 PERMISSIBLE USES.

All property located within a P-D District shall be used only for those purposes permitted by the General Plan of the City and any Development Plan approved by the City, or a Redevelopment Plan adopted by the Redevelopment Agency and the City.

91.42.2 DEVELOPMENT STANDARDS.

All development within a P-D District shall conform with the development standards set forth in a Development Plan approved by the City, or by the Redevelopment Plan and any Development Standard adopted by the Redevelopment Agency and the City for the area.

91.42.3 MINIMUM AREA.

The minimum area for inclusion in a P-D District shall be either five (5) acres for development in accordance with a Development Plan proposed by the owner or developers, or any area designated as a Redevelopment Project Area by the Redevelopment Agency and the City.

91.42.4 DEVELOPMENT PLAN.

a)    For each area designated as a P-D District, and for which development is proposed by an owner or developer other than the Redevelopment Agency of the City of Torrance, there shall be prepared, submitted and approved by the City, a plan of development. Said plan of development shall show the following:

1)    The Planned Development application.

2)    Existing topography of the development area shall be shown with contours of not more than one (1) foot interval, except on steep hillside property, where the contour interval may be greater if approved by the City Engineer.

3)    The gross land area of the development, the present zoning of the property and the location of all existing easements, structures and improvements on the property.

4)    A general development plan with at least the following details to an approved scale and dimensions:

A)    Location and use proposed for each existing and proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances;

B)    All existing and proposed driveway approaches, driving lanes, streets, parking areas, loading and service areas;

C)    All pedestrian walks and open areas for the use of the occupants of the proposed development and/or the public;

D)    Types of surfacing for all proposed walks, parking areas, driveways, streets, and outdoor storage areas;

E)    A detailed plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained;

F)    A grading plan for the entire development;

G)    All existing and proposed physical features such as hydrants, utility facilities, floodlights, pools, sprinklers, drainage facilities, sewer facilities, and recreation facilities, and a statement setting forth the method by which these features shall be preserved and maintained;

H)    All proposed easements;

I)    Elevations or architectural renderings of the project to indicate architectural type and the materials of construction.

5)    Copies of the applicable conditions, covenants and restrictions or bylaws that will apply to the proposed development.

6)    Such other information as may be required by the Planning Director.

b)    The application, payment of fee and consideration by the City shall be conducted in the same manner as for Precise Plan, as provided in Chapter 6, Article 2 of Division 9, commencing at Section 96.2.1

91.42.5 REDEVELOPMENT PLAN.

For each area designated as a P-D District and for which development is proposed by the Redevelopment Agency, there shall be prepared, submitted and approved a Redevelopment Plan in conformance with the Health and Safety Code of the State of California.

ARTICLE 43 - MADRONA MARSH DISTRICT

(Added by O-3182)

91.43.1 MADRONA MARSH DISTRICT DEFINED.

The Madrona Marsh District is that property in the City of Torrance more particularly described as Lots 6, 7, and 8 of Tract 43326, as per map recorded in book 1043, pages 10, 11 and 12 of Maps in the Recorder’s office of Los Angeles County.

91.43.2 USE OF THE MADRONA MARSH.

The uses permitted in or on the Madrona Marsh District are those uses designated as "permitted Uses" in that certain settlement agreement between the City of Torrance and the Santa Fe Land Improvement Company, Torrance Investment Company and Watt Homes, Inc., recorded on October 3, 1986 as Instrument 86-1335230. Certain "prohibited Uses" are listed in that same settlement agreement.

91.43.3 NOTICE OF HEARING.

a)    There shall be conducted a noticed public hearing before the Planning Commission and the City Council, with written notice to the Torrance Investment Company and to Santa Fe Land Improvement Company, as provided in the Settlement Agreement, prior to the consideration of any application, proposal or agreement the approval of which or the entering into of which would allow:

1)    Any use prohibited by the Settlement Agreement, or

2)    The sale, lease or rental of all or any portion of the Madrona Marsh, or

3)    The approval or construction of any structure with a floor area exceeding five thousand (5000) square feet or any construction which would result in the total floor area of buildings on the Madrona Marsh exceeding fifteen thousand (15,000) square feet.

b)    Further, the City shall give written notice to Torrance Investment Company and Santa Fe Improvement Company, as provided in the Settlement Agreement, of:

1)    All applications for use of the Madrona Marsh, and

2)    All public hearings concerning the sale, lease, rental or use of all or any portion of the Madrona Marsh.

ARTICLE 44 - SMALL LOT, LOW-MEDIUM OVERLAY ZONE

(Added by O-3185)

91.44.1 SMALL LOT, LOW-MEDIUM OVERLAY ZONE.

a)    The Small Lot, Low-Medium Overlay Zone shall consist of the area lying within the following boundaries:

Commencing at the intersection of the first alley east of Arlington Avenue and the first alley south of Carson Street, thence easterly to the first alley east of Andreo Avenue, thence southerly to the first alley north of Plaza Del Amo, thence westerly to Arlington Avenue, thence northerly along Arlington Avenue to 222nd Street, thence easterly along 222nd Street to the first alley east of Arlington Avenue, thence northerly along said alley to the point of beginning.

b)    The provisions of this Article shall apply to all properties within the Overlay Zone in addition to the requirements of the underlying zone, except as provided in this Article. No permits shall be issued for development in the Small Lot, Low-Medium Overlay Zone unless the requirements of this Article have been met.

c)    Nothing in this Article shall be deemed to repeal or modify any provision of Article 36 of this Chapter 1, nor Section 95.3.37 pertaining to the construction or conversion of dwellings to Multiple-Owner Occupied Residential Structures.

91.44.2 APPLICATION OF PREEXISTING ZONE.

Nothing contained in this Article shall be deemed to repeal any provision of this Code, and the requirements of all preexisting zones in existence in the area encompassed by this Overlay Zone shall be and remain in full force and effect in addition to the requirements of the Overlay Zone, except that the requirements of the Overlay Zone shall be applied where the requirements and standards contained therein are more restrictive than those of the preexisting underlying zones.

91.44.3 PUBLIC HEARING.

a)    Upon receipt of the complete application, the Planning Director shall set a date, time and place for a public hearing thereon as soon as practicable and shall send notice thereof to the owners of land included within a three hundred (300) foot radius of the exterior boundaries of the land for which the permit is sought as shown on the last equalized assessment roll. The Planning Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Planning Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

b)    The applicant shall have the burden of proving that all the requirements of this Article have been met.

c)    The Planning Commission may consider all measures which are proposed by the project proponents to be included in the project and other measures that are not included but could reasonably be expected to reduce the adverse impacts of the project, if required as conditions.

91.44.4 PLANNING COMMISSION REVIEW.

a)    Any development on a lot within the Small Lot, Low-Medium Overlay Zone shall be subject to a Planning Commission review, except as provided in Section 91.44.6 of this Article.

b)    Nothing in this Article shall be construed to permit the Planning Commission to impose restrictions which are less restrictive than those established in this Code.

c)    Nothing in this Article shall be construed to authorize the Planning Commission to impose conditions more restrictive than the express provisions of this Code when so doing would render construction on any lot impossible where such construction would be possible in accordance with the Code as written.

91.44.5 PLANNING AND DESIGN.

No construction and no remodeling or enlargement of a building or structure shall be permitted unless the Planning Commission (or City Council on appeal) shall find that the location and size of the building or structure, or the location and size of the remodeled or enlarged portions of the building or structure, or the arrangement of off-street parking spaces have been planned and designed in such a manner as to comply with the following provisions:

a)    The proposed construction or remodeling will tend to preserve the neighborhood characteristics; and

b)    The proposed construction or remodeling will be done in such a way as to minimize the need for a curb-cut for driveway purposes; and

c)    The proposed construction or remodeling will provide two off-street parking spaces for each dwelling unit; and

d)    The use intensity of the proposed construction or remodeling will be compatible with other properties in the vicinity; and

e)    The proposed construction or remodeling will provide suitable open space, both in size and configuration, for the property; and

f)    If the proposed construction or remodeling exceeds a floor area to lot area ratio (F.A.R.) of .5 to 1 (using outside building dimensions), such application would not be materially detrimental to the public welfare and to other properties in the vicinity; and

g)    The proposed construction or remodeling will provide sufficient storage space for personal effects so that the occupants will be encouraged to use the garage spaces.

91.44.6 PERMITTED DEVELOPMENT.

Notwithstanding the provisions of this Article, no Planning Commission review shall be required if the proposed development within the Small Lot, Low-Medium Overlay Zone is for the purpose of constructing or remodeling one or two dwelling units, provided the following requirements are met:

a)    The completed dwellings, whether they are new construction or remodeled or enlarged, including the area of the garages, whether attached or detached, will not exceed a floor area to lot area ratio (F.A.R.) of .5 to 1 (using outside building dimensions).

b)    There will not be any substantial demolition of the main dwelling unit. For purposes of this Section, the term "substantial demolition" shall mean demolition in excess of fifty percent (50%) of the replacement value of the said structure. For purposes of this Section, the "main dwelling" shall mean the dwelling unit which was first constructed on the lot or parcel.

c)    The proposed construction or remodeling provides not less than three (3) enclosed garages, with only one (1) uncovered required parking space on the lot or parcel; provided; however, that tandem parking shall not be utilized except with the approval of the Planning Commission upon approval of a Planning Commission review.

d)    No curb cut for driveway purposes is proposed on the street.

ARTICLE 45 - HAWTHORNE BOULEVARD CORRIDOR SPECIFIC PLAN ZONE (HBCSP)

(Added by O-3426; Amended by O-3521)

91.45.1 BOUNDARIES.

The Hawthorne Boulevard Corridor Specific Plan Zone shall consist of the area designated in the maps attached to the ordinance codified in this Article, marked Exhibits A, B, C and D which are incorporated in this Code by this reference.

91.45.2 RELATIONSHIP TO HAWTHORNE BOULEVARD CORRIDOR SPECIFIC PLAN.

The Hawthorne Boulevard Corridor Specific Plan Zone serves to implement the Hawthorne Boulevard Corridor Specific Plan within the boundaries of the Zone. As such, the use of land and all physical improvements are subject to the provisions of Chapter IV - Land Use and Development Standards, Chapter V - Design Guidelines, and Chapter VII - Administration of the Hawthorne Boulevard Corridor Specific Plan, which are incorporated into this Code by this reference.

91.45.3 DEVELOPMENT REVIEW.

a)    No development activity may occur without first obtaining a Development Permit as provided for in Article 35, Chapter 2 of this Code. For the purposes of this Section, development activity includes:

1)    Construction of a new building or structure;

2)    The enlargement of an existing building or structure;

3)    The exterior alteration of an existing building or structure;

4)    Any intensification in use of a structure or parcel of land for which a Development Permit, or other similar entitlement permit, has never been issued; or

5)    Any substantial remodel, which shall be defined as the removal of fifty (50%) percent or more of the supporting members of a building or structure such as bearing walls, columns, beams or girders, whichever is stricter.

b)    No modification to an existing design or layout of a parking lot; or removal of mature landscaping or modification of an approved landscaping plan may occur without prior approval of the Planning Director. The procedures for obtaining Planning Director approval are the same as those provided in Article 28 of Chapter 2 of this Code.

ARTICLE 46 - RESIDENTIAL OFFICE OVERLAY DISTRICT (ROO)

(Added by O-3426)

91.46.1 BOUNDARIES.

The boundaries of the ROO District are shown on the map attached to the ordinance codified in this Article, marked Exhibit A which is incorporated into this Code by this reference.

91.46.2 RELATIONSHIP TO UNDERLYING ZONE.

The ROO District is an overlay zone. All parcels of land within this overlay district retain their underlying zone and are subject to the regulations thereof except as provided for by this Article.

91.46.3 PERMISSIBLE USES.

In addition to those uses permitted by the base zone, the following professional office uses may be permitted upon approval of a Conditional Use Permit as provided for in Article 1 of Chapter 5 of this Code:

a)    Offices for:

Architect

Landscape Architect

Opthamologist Office (not including retail sales to the general public or optometry)

Lawyer

Engineer

Accountant

Psychologist/Psychoanalyst

Chiropractor

91.46.4 RESTRICTIONS ON USE.

No Conditional Use Permit will be granted for the operation of a professional office as listed in Section 91.46.3 above unless the Torrance Planning Commission finds that the proposed operation adheres to the following restrictions:

a)    The residential use of the property will be discontinued and the property will be used exclusively as a professional office.

b)    The original residential character and style of the house will be preserved and/or enhanced.

c)    No more than two (2) employees will be permitted.

d)    Signs:

1)    One (1) sign will be permitted;

2)    The sign will not be illuminated;

3)    The sign will not exceed four (4) square feet in area; and

4)    In addition to the above, all signs shall be subject to Section 88.3.1 of the Torrance Municipal Code.

e)    Parking:

1)    Tandem parking shall be permitted in the driveway for employees and patrons;

2)    No new parking areas or spaces shall be created in the front yard or exterior side yard setback areas; and

f)    No curb cuts onto Hawthorne Boulevard will be permitted.

g)    No outdoor storage will be permitted.

h)    Provisions shall be made by the applicant for commercial refuse pick-up; however, in no case will a dumpster be used.

ARTICLE 47 - COMMERCIAL/RESIDENTIAL TRANSITION OVERLAY DISTRICT (C/RTO)

(Added by O-3426)

91.47.1 BOUNDARIES.

The C/RTO District applies to properties on the west side of Ashley Avenue between the public alley south of 182nd Street and 186th Street, the precise boundaries of which are shown on the map attached to the ordinance codified in this Article, Marked Exhibit A which is incorporated into this Code by this reference.

91.47.2 UNDERLYING ZONING.

All parcels of land within the overlay area retain their underlying zoning, as shown on Exhibit A referenced in Section 91.47.1 above. The underlying zoning is either R-2 Two Family Residential District, or HBCSP Hawthorne Boulevard Corridor Specific Plan Zone.

All parcels of land zoned R-2 remain subject to the provisions of that district, and no part of this Article applies until such time that an application is made for a change in use to a commercial parking lot. At the time that such a change in the use of the land is approved by the Torrance Planning Commission, the underlying zoning of the subject parcel will automatically change from R-2 to HBCSP.

The provisions of this overlay take precedence over the provisions of the underlying zone for all parcels of land zoned HBCSP where such provisions are in conflict, otherwise the provisions of the HBCSP apply.

91.47.3 DEVELOPMENT PERMIT REQUIRED.

No conversion in the use of a residential property to a commercial parking lot shall occur without approval of a Development Permit as provided for in Article 35, Chapter 2 of this Code. Nor will consideration be given to an application for a Development Permit unless both the subject residential parcel of land and the commercial parcel it is intended to support are jointly part of the application and entitlement, and are either owned by the same person, or are irrevocably joined.

91.47.4 PUBLIC ALLEY ACCESS.

The public alley shall be maintained for use by all properties bounded by Hawthorne Boulevard to the west, 182nd Street to the north, Ashley Avenue to the east, and 186th Street to the south. No obstructions to free and clear access through the alley will be permitted. Dedication of right-of-way will be required to provide a continuous public alley.

91.47.5 RESTRICTIONS ON USE.

Those parcels of land located east of the alley and zoned HBCSP must be used exclusively as parking lots in support of those parcels of land located on the west and/or north side of the alley. No structures other than fences or trash enclosures will be permitted. Trash enclosures will be permitted only when located adjacent to and are accessible from the alley.

91.47.6 SPECIAL DEVELOPMENT AND LANDSCAPING STANDARDS.

All parcels of land within the overlay district and zoned HBCSP are subject to the standards following:

a)    A minimum landscaped setback of ten (10) feet must be provided along the west side of Ashley. At the setback line, a wall six (6) feet in height must be constructed. In order to establish a consistent appearance, the landscaping and wall materials as provided on individual parcels of land shall conform to a uniform set of standards as provided for herein (refer to Figure IV-1 in the Hawthorne Boulevard Corridor Specific Plan, which is hereby incorporated in this Code by this reference). The landscaping provided in this setback area will be considered a part of the required parking lot landscaping.

b)    Within the required setback area, the following plant materials are required:

1)    Nicol’s Willow-Leafed Peppermint (Eucalyptus nicholii) trees shall be planted in random clusters at a ratio of one (1) tree per 25 (25) feet of street frontage;

2)    Tobira Dwarf Wheeler (Pittosporum tobira) shrubs shall be planted along the base of the wall at a ratio of one (1) shrub per twenty (20) square feet of landscaped setback area;

3)    Gazania shall be planted as groundcover, at a spacing to provide on hundred (100%) percent ground coverage within on e(1) year of planting. Turf shall not be permitted due to maintenance considerations;

4)    Yellow Trumpet Vines (Macfadyena unguniscati) shall be planted at the base of the wall in sufficient number so as to provide one hundred (100%) percent coverage of the wall within one (1) year of planting.

c)    The wall must be constructed of masonry block finished in plaster. Decorative wrought iron may be interspersed with the solid wall.

d)    Common area maintenance agreements are required of all property owners to ensure that the required setback area is maintained in good condition. This agreement is a condition of approval of a Development Permit subject to the approval of the City Attorney, and must be recorded.

e)    Shared access and reciprocal parking agreements will be required of all property owners. These agreements will be a condition of approval of a Development Permit subject to the approval of the City Attorney, and must be recorded. Where shared access and reciprocal parking agreements are provided, the requirements for perimeter landscaping along interior side property lines may be waived.

f)    A five (5%) percents reduction in required parking will be permitted in cases where vehicular access is taken exclusively from the public alley and where there are no driveways onto Hawthorne Boulevard.

ARTICLE 48 - DOWNTOWN RESIDENTIAL MULTIPLE-FAMILY RESIDENTIAL DISTRICT

(Added by O-3502)

91.48.1 PURPOSE

The Downtown Residential Multiple-Family District implements the Commercial Center General Plan designation by providing for higher-density multiple-family residential development in the vicinity of Downtown Torrance. The location of multiple-family residential development within walking distance to Downtown Torrance supports Downtown commercial activities and contributes to its identity as a desirable and active community destination. Development standards are intended to ensure that new development incorporate design elements that reflect the historic nature of the area and facilitate the ease and safety of pedestrian activities.

91.48.2 PERMISSIBLE USES

a)    Single-family residences constructed prior to January 1, 2001, including any alterations or additions to said structures provided such alterations or additions comply with current regulations of the R-1 District, and any uses allowed within the R-1 District.

b)    Duplexes or any two (2) unit style development constructed prior to January 1, 2001, including any alterations or additions to said structures provided such alterations or additions comply with current regulations of the R-2 District, and any uses allowed within the R-2 District.

c)    Alterations or additions to multiple-family residences consisting of three (3) or more units that were constructed prior to January 1, 2001, provided such alterations or additions comply with current regulations of the R-3 District.

91.48.3 CONDITIONALLY PERMITTED USES

a)    Multiple-family residences consisting of three (3) or more units as provided for in Article 1 of Chapter 5 of this Code, provided that said development is found to be consistent with the purpose of this District and in conformance with identified development and design standards.

b)    Senior housing in accordance with Article 1, Chapter 5, Section 95.3.45. and Article 2 of Chapter 3, Section 93.2.3.g).

91.48.4 BUILDING DEVELOPMENT STANDARDS

a)    Density: For each dwelling unit there will be provided a minimum of one thousand (1,000) square feet of land area.

b)    Lot Size: For new multiple-family development, the minimum lot size is fifteen thousand (15,000) square feet.

c)    Building Setbacks: The following building setbacks are required:

1)    Front yard: An average setback of fifteen (15) feet, with a minimum setback of ten (10) feet. A minimum of seventy-five (75) percent of the total front yard area is to be permanently maintained in landscaping.

2)    Rear yard: A minimum of ten (10) feet. However, when the rear yard is adjacent to an alley and the rear portion of the building is occupied by garage(s) the minimum setback may be five (5) feet. This exception is applicable only to the first floor of a building; building area above the first floor must maintain the minimum setback of ten (10) feet.

3)    Sideyards: A minimum of five (5) feet. Permitted encroachments are limited to eave overhangs as provided for in Chapter 2, Article 5, Section 92.5.3.; chimneys and greenhouse windows as provided for in Chapter 2, Article 5, Section 92.5.5.b).

4)    Exterior Sideyards: A minimum of ten (10) feet.

d)    Building Height: A maximum of thirty-five (35) feet.

e)    Parking:

1)    New multiple-family residential development in the RD District will provide off-street parking as follows:

A)    No less than one parking space for any unit with a total living area less than nine hundred (900) square feet.

B)    No less than two (2) parking spaces for any unit with a total living area between a minimum nine hundred (900) square feet and a maximum of fourteen hundred and forty-nine (1449) square feet.

C)    No less than three parking spaces for any unit with a total living area of fourteen hundred fifty (1450) square feet or more.

2)    For each dwelling unit there will be provided no less than one private enclosed garage. However, the Planning Commission may approve a common garage arrangement if it is found that such design enhances the project for the benefit of its residents. Additional required parking will be provided in uncovered designated parking spaces.

3)    Guest Parking: No less than one uncovered guest parking space will be provided for each five (5) units or portion thereof.

f)    Lockable storage: A minimum of two hundred (200) cubic feet of private, enclosed, and lockable storage area will be provided for each unit.

g)    Usable Open Space:

1)    Usable open space will be provided for each dwelling unit as calculated pursuant to Section 92.20.7, in accordance with the area of the dwelling unit as follows:

A)    No less than two hundred fifty (250) square feet for any unit with a total living area less than nine hundred (900) square feet.

B)    No less than five hundred (500) square feet for any unit with a total living area less than fourteen hundred and forty-nine (1449) square feet.

C)    No less than seven hundred and fifty (750) square feet for any unit with a total living area of fourteen hundred fifty (1450) square feet or more.

2)    There is no minimum requirement for private open space. However, should private open space be provided, the following will apply:

A)    Each two (2) square feet of balcony or patio shall count as three (3) square feet toward the usable open space requirement to a maximum of one hundred fifty (150) square feet.

B)    Balconies and patios to qualify as private usable open space must have a minimum inside dimension of six (6) feet by ten (10) feet; be immediately adjacent to a communal living area of the unit, such as kitchen, dining room, or living room; and be at the same grade level.

3)    Yard areas to qualify as open space must have a minimum dimension of ten (10) by fifteen (15) feet, be readily accessible to adjacent units; be properly graded with a slope not to exceed five (5) percent, except for ornamentally landscaped areas, and be completely improved with landscaping, or recreation or leisure outdoor activities. For the purposes of this Article, all the front yard area may be counted toward the usable open space requirement.

4)    Specifically excluded as usable open space are all areas devoted to automobiles, such as driveways, parking spaces, aisles, loading zones, etc. Also excluded are storage areas and any area fenced or otherwise inaccessible to tenants.

h)    Landscaping: All common open space areas, including the front yard, will be permanently maintained in landscaping supported by a state-of-the-art water saving irrigation system in accordance with a landscaping plan approved by the Planning Director. At a minimum, the landscaping plan is to include:

1)    One tree per unit, all of which must be thirty-six (36) inch box specimens.

2)    A mixture of shrubs and flowering plants located along the base of the building and along common walkways.

3)    Plant materials in all areas designated as common open space not otherwise paved as walkways or as courtyards.

91.48.5 DESIGN STANDARDS

a)    Main entries (the front door) into individual dwellings units will be oriented towards a public street, a common courtyard area, or a side yard area common to multiple units.

b)    Front doors will be decoratively treated and will be articulated with transitional features and spaces such as stoops, overhangs, or porches.

c)    Where the main entrance to any dwelling unit faces a driveway, a separate walkway will be provided to allow a person to walk from the front door to the nearest public sidewalk. Said walkway shall be unobstructed and separated from the driveway by physical or visual means such as landscaping; planters; or decorative, contrasting, or textured paving materials.

d)    No parking spaces may be located in front of an entrance to a dwelling unit.

e)    An integrated walkway system will be provided to allow residents to walk from the front door of their dwelling unit to trash receptacles, parking areas, and mail boxes.

f)    Garages will be visually oriented away from public streets. Project design should allow maximum access to parking from the alley in order to minimize curb cuts onto the public street.

g)    Architectural Enhancements and Character:

1)    The use of physical changes and design features, such as balconies, colonnades, enclosures, overhangs, porches and stoops are encouraged to create visual interest and enhance the streetscape.

2)    Buildings should be provided with varied window treatment, fenestration and architectural elements to provide a visually pleasing environment.

3)    Offset window and door placement to maintain unit to unit privacy.

4)    The overall architectural design, building features and materials must acknowledge the historic nature of the original Torrance Tract and the character of the original multiple-family residential development within the area.

91.48.6 REVIEW OF CONDITIONAL USE PERMIT APPLICATIONS

a)    In addition to the review criteria set forth in Chapter 5, Article 1, Section 95.1.2., the following issues will be considered in the review of an application for a Conditional Use Permit for new multiple-family residential development within the RD District:

1)    That the proposed development is designed with an orientation to the public street so to promote a greater sense of community safety and interaction, and to provide for easy pedestrian access.

2)    That the overall architectural design, building features and materials must acknowledge the historic nature of the original Torrance Tract and the character of the original multiple-family residential development within the area.

3)    That within the consideration of a Conditional Use Permit, these provisions may be modified by the Planning Commission in cases where innovative design techniques are used to create an equivalent or more desirable result.

ARTICLE 49 - TORRANCE TRACT OVERLAY ZONE

(Added by O-3798; Amended by O-3799)

91.49.010 TORRANCE TRACT OVERLAY ZONE

a)    The Torrance tract overlay zone shall consist of the area lying within the following boundaries:

Residentially zoned properties located within the Original Torrance Tract area bounded by Dominguez Street to the north, Western Avenue to the east, Plaza del Amo to the south and Crenshaw to the west as shown in the map below:

b)    The provisions of this Article shall apply to all residentially zoned properties containing contributing and altered-contributing residential structures identified in the Historic Resources Survey within the Torrance tract overlay zone in addition to the requirements of the underlying zone, except as provided in this Article. No permits shall be issued for development in the Torrance tract overlay zone unless the requirements of this Article have been met.

c)    Nothing in this Article shall be deemed to repeal or modify any provision of Article 36 of this Chapter, nor Section 95.3.37 pertaining to the construction or conversion of dwellings to multiple-owner occupied residential structures.

91.49.020 APPLICATION OF PREEXISTING ZONE

Nothing contained in this Article shall be deemed to repeal any provision of this Code, and the requirements of all preexisting zones in existence in the area encompassed by this overlay zone shall be and remain in full force and effect in addition to the requirements of the overlay zone, except that the requirements of the overlay zone shall be applied where the requirements and standards contained therein are more restrictive than those of the preexisting underlying zones.

91.49.030 PUBLIC HEARING

a)    Upon receipt of the complete application, the Community Development Director shall set a date, time and place for a public hearing thereon as soon as practicable and shall send notice thereof to the owners of land included within a five hundred (500) foot radius of the exterior boundaries of the land for which the permit is sought as shown on the last equalized assessment roll. The Planning Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Planning Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

b)    The applicant shall have the burden of proving that all the requirements of this Article have been met.

c)    The Planning Commission may consider all measures which are proposed by the project proponents to be included in the project and other measures that are not included but could reasonably be expected to reduce the adverse impacts of the project, if required as conditions.

91.49.040 PLANNING COMMISSION REVIEW

a)    Any development on a lot within the Torrance tract overlay zone shall be subject to a Planning Commission review, except as provided in Section 91.49.060.

b)    Nothing in this Article shall be construed to permit the Planning Commission to impose restrictions which are less restrictive than those established in this Code.

c)    Nothing in this Article shall be construed to authorize the Planning Commission to impose conditions more restrictive than the express provisions of this Code when so doing would render construction on any lot impossible where such construction would be possible in accordance with the Code as written.

91.49.050 PLANNING AND DESIGN

No construction and no remodeling or enlargement of a building or structure shall be permitted unless the Planning Commission (or City Council on appeal) shall find that the location and size of the building or structure, or the location and size of the remodeled or enlarged portions of the building or structure, or the arrangement of off-street parking spaces have been planned and designed in such a manner as to comply with the following provisions:

a)    The proposed construction or remodeling will tend to preserve the neighborhood characteristics; and

b)    The proposed construction or remodeling will be done in such a way as to minimize the need for a curb-cut for driveway purposes; and

c)    The proposed construction or remodeling will provide the required off-street parking spaces for each dwelling unit and any required guest parking; and

d)    The use intensity of the proposed construction or remodeling will be compatible with other properties in the vicinity; and

e)    The proposed construction or remodeling will provide suitable open space, both in size and configuration, for the property; and

f)    If the proposed construction or remodeling exceeds a floor area to lot area ratio (F.A.R.) of 0.5 to 1 (using outside building dimensions), such application would not be materially detrimental to the public welfare and to other properties in the vicinity; and

g)    The proposed construction or remodeling will provide sufficient storage space for personal effects so that the occupants will be encouraged to use the garage spaces.

91.49.060 PERMITTED DEVELOPMENT

a)    Notwithstanding the provisions of this Article, no Planning Commission review (PCR) will be required if the proposed development within the Torrance tract overlay zone is for the purpose of constructing or remodeling dwelling units, provided the following requirements are met:

1)    The completed dwellings, whether they are new construction or remodeled or enlarged, including the area of the garages, whether attached or detached, will not exceed a floor area to lot area ratio (F.A.R.) of 0.5 to 1 (using outside building dimensions); and

2)    There will not be whole or partial demolition of the contributing or altered-contributing structure; and

3)    There will not be alterations to the exterior facade of the contributing or altered-contributing structure; and

4)    No curb cut for driveway purposes is proposed on the street.

b)    Notwithstanding the provisions of this Article, no Planning Commission Review (PCR) will be required prior to obtaining a building permit for the following minor construction, minor remodeling, and minor repairs within the Torrance tract overlay zone:

1)    Emergency repairs.

2)    Reroofing with historically accurate materials.

3)    Historically accurate window replacements.

4)    Routine property maintenance.

5)    Fences and walls.

6)    A detached, noncontributing accessory structure.

91.49.070 Repealed by O-3823 and O-3824.

ARTICLE 50 - HISTORIC PRESERVATION ORDINANCE

(Added by O-3822)

91.50.010 PURPOSE.

The purpose of this Article is to promote the public health, safety and general welfare by providing for the identification, designation, protection, enhancement, perpetuation and use of historic resources that reflect themes important in the City’s heritage and to:

a)    Safeguard and enhance the City’s architectural, cultural and historic heritage by recognizing that its historic landmarks and historic districts are an important part of both the past and future of the City;

b)    Foster civic and neighborhood pride and a sense of identity based on the recognition of the City’s past accomplishments as reflected through its districts, buildings, structures, objects, landscaping, natural features, infrastructure, and engineering;

c)    Promote participation in the rehabilitation, adaptive reuse, restoration, maintenance, and continued vitality of historic landmarks and historic districts, and to recognize their contribution to the unique fabric of the City;

d)    Promote public education and awareness by preserving and encouraging interest in the City architectural, cultural and social history;

e)    Protect historic resources, which include historic landmarks, historic districts, and contributing resources in historic districts, as a means to maintain neighborhood character and enhance the City’s attraction to residents, tourists and visitors, thus stimulating local business and industry;

f)    Enhance property values, stabilize neighborhoods and/or communities, and render properties eligible for financial benefits;

g)    Balance the rights of owners of historic properties and owners of properties adjacent to historic landmarks and in historic districts;

h)    Codify the procedures and criteria for designation of historic landmarks and historic districts, as well as the processes and standards for reviewing proposed demolitions, alterations, and additions to historic resources;

i)    Identify financial and other incentives that are intended to encourage owners of historic resources to designate, maintain, reuse, rehabilitate and improve historic landmarks and historic districts;

j)    Encourage preservation and adaptive reuse of historic resources by allowing changes to accommodate new functions as well as compatible new design so as not to "freeze" historic resources in time;

k)    Promote the conservation of energy, material, and natural resources through the preservation and maintenance of historic resources; and

l)    Encourage the integration of historic preservation into the City’s planning process, and provide technical assistance within the City government.

91.50.020 DEFINITIONS.

a)    "Addition" means any expansion or increase in floor area or height of a building or structure.

b)    "Alteration" means any physical modification or change to a building, structure, site, object or historic district that may affect character-defining features of the historic resource, including additions but excluding ordinary maintenance and repair.

c)    "Building" means a house, office, hotel, garage, school, church or similar construction that is created principally to shelter any form of human activity.

d)    "California Environmental Quality Act" means the California Public Resources Code Section 21000 et seq. as it may be amended. The California Environmental Quality Act may also be referred to in this Article as "CEQA."

e)    "California Historical Building Code" means the California Historical Building Code as contained in Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations, as it may be amended from time to time.

f)    "California Register of Historical Resources" means the authoritative guide to California’s significant historical and archaeological resources as defined in California Public Resources Code Section 5020.1 as it may be amended from time to time.

g)    "Certificate of appropriateness" means the certificate required prior to undertaking work or improvements on a historic landmark, or a contributing resource or noncontributing resource within a historic district.

h)    "Certificate of demolition" means the certificate required prior to undertaking work to demolish a historic landmark or contributing resource.

i)    "Certificate of economic hardship" means the certificate required to establish a hardship exists for a specified historic landmark or contributing resource.

j)    "Certified local government" (CLG) means a local government that has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966.

k)    "Character-defining features" means the physical elements and characteristics through which a historically significant property expresses its significance. Character-defining features include, but are not limited to, overall form and massing; roof forms; exterior cladding and trim; architectural style; windows, doors, and other openings; materials; finishes; decorative detailing and ornament; site features and relationship to neighboring properties; and landscaping elements such as nonpaved areas, walkways, steps, and other circulation, fencing, fountains, lighting, etc.

l)    "Commission" means the Historic Preservation Commission.

m)    "Compatible" means similar in principles of massing, bulk, scale, proportion, composition, placement, ornament, character, and other defining features, regardless of style.

n)    "Contributing resource" means a property, including all buildings, structures, objects, and character-defining features located on it, that adds or contributes to the significance and character of a historic district, constructed within its period of significance, and satisfies all of the requirements for designation under this Article.

o)    "Cultural landscape" means a geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. There are four (4) general types of cultural landscapes: historic sites, historic designed landscapes, historic vernacular landscapes, and ethnographic as defined in the National Park Service’s Preservation Brief 36: Protecting Cultural Landscapes.

p)    "Demolition" or "demolish" means the partial or full removal of any building, structure, or site. See "full demolition" and "partial demolition."

q)    "Full demolition" means demolition that involves fifty percent (50%) or more of the exterior wall area or building floor area of the historic landmark or contributing resource.

r)    "Geographic district" means a historic district that is a geographic area having a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or character-defining features united historically or aesthetically by plan or physical development. A geographic historic district may contain both contributing resources and noncontributing resources, depending on whether the property or feature adds or does not add to the qualities, associations, and values of the historic district.

s)    "Historic district" or "district" means a geographic or thematic district that has been designated by the Historic Preservation Commission pursuant to this Article and is listed in the Torrance Register of Historic Resources. In either type, the district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects that collectively have a special character or special historic, cultural, architectural, archaeological, community or aesthetic value, or represent one (1) or more architectural periods or styles typical to the history of the City. The resources may or may not have individual merit, but rather are significant because of qualification in a district.

t)    "Historic landmark" means any property, including any building, structure, object, site, cultural landscape, sign, or natural feature located on it, that has been designated by the Historic Preservation Commission pursuant to this Article and is listed in the Torrance Register of Historic Resources. In addition, any interior space or spaces of a landmark that is or was regularly open or accessible to the general public, or to which the public is or was regularly invited, including, but not limited to, a lobby area, restaurant areas, theaters and banks, may be included in the property’s landmark designation.

u)    "Historic resource" means a historic landmark or historic district listed in the Torrance Register of Historic Resources, as well as a contributing resource in a Torrance Register Historic District. "Historic resource" shall also include those properties specified as a historic resource by CEQA, by the CEQA guidelines, or by any other provision of California law.

v)    "In-kind" means the restoration or replacement of a material in the likeness of what was original to the feature.

w)    "Integrity" means the ability of a historic resource to convey its historic or architectural significance as evidenced by the survival of physical characteristics or historic fabric that existed during the historic resource’s period of significance. Integrity is not synonymous with condition; condition comes into consideration when there is a substantial loss of historic material or other character-defining features. There are seven (7) aspects or qualities to consider when evaluating for integrity; a historic resource will possess several aspects especially those most related to its significance:

1)    Location: The place where the historic property was constructed.

2)    Design: The combination of elements that create the form, plans, space, structure and style of the property.

3)    Setting: Addresses the physical environment of the historic property inclusive of the landscape and spatial relationships of the building(s).

4)    Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern of configuration to form the historic property.

5)    Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history.

6)    Feeling: The property’s expression of the aesthetic or historic sense of a particular period of time.

7)    Association: The direct link between an important historic event or person and a historic property.

x)    "Landscape" means natural or design area of land characterized by its spatial organization, land pattern, topography, circulation, water features, vegetation, structures, site furnishings, and objects.

y)    "Mills Act" means the California Government Code Section 50280 et seq., as it may be amended from time to time.

z)    "National Register of Historic Places" means the official inventory of districts, sites, buildings, structures and objects significant in American history, architecture, archeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63).

aa)    "Natural feature" means any naturally occurring tree, plan, plant community or geographical or geological site or feature.

bb)    "Nomination" means a nomination for designation and placement of a property or area on the Torrance Register of Historic Resources.

cc)    "Noncontributing resource" means any building, structure, object, site, sign, area, place, or natural features within a historic district that does not contribute to the significance or character of the historic district because it does not retain sufficient integrity or was constructed outside the historic district’s period of significance.

dd)    "Object" is used to distinguish from buildings and structures those constructs that are primarily artistic in nature or are relatively small in scale and of simple construction. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Fountains and sculpture are examples of objects.

ee)    "Ordinary maintenance and repair" means any work as outlined in Section 91.50.150(a).

ff)    "Owner" means any person(s), association, partnership, firm, corporation, or public entity identified as the holder of title on any property. For purposes of this Article, the term owner shall also refer to an appointed representative or authorized agent of an association, partnership, firm, corporation, or public entity which is a recorded owner. Absent contrary evidence, the owner shown on the latest assessment roll of the County of Los Angeles shall be presumed to be the owner.

gg)    "Partial demolition" means demolition that involves less than fifty percent (50%) of the exterior wall area and building floor area of the primary building, and demolition of other features on the property.

hh)    "Period of significance" means the date or span of time when the historic resource was associated with the significant event, pattern of history or persons, or attained the character-defining features that qualify it for listing in the Torrance Register of Historic Resources.

ii)    "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction, and shall follow the Secretary of the Interior’s Standards for Preservation.

jj)    "Qualified historic preservation professional" means a professional who meets the Secretary of the Interior’s Professional Qualification Standards in architectural history, historic architecture, historic preservation, historic preservation planning, architecture, or relevant field, such as historic landscape architecture for landscape.

kk)    "Qualified historical properties" means a historic landmark or contributing resources for the purpose of applying the California Historical Building Code.

ll)    "Reconstruction" means the act or process of depicting, by means of new construction, the exact form, features, and detailing of a nonsurviving site, landscape, building, structure, or object, or a part thereof, for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction shall be based on sufficient physical, photographic, or other evidence and follow the Secretary of the Interior’s Standards for Reconstruction.

mm)    "Rehabilitation" means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or character-defining features that convey its historical, cultural, or architectural values, and shall follow the Secretary of the Interior’s Standards for Rehabilitation.

nn)    "Resource" means any building, structure, object, site, feature, characteristic, appurtenance, landscape, landscape plan or improvement.

oo)    "Restoration" means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, and shall follow the Secretary of the Interior’s Standards for Restoration.

pp)    "Secretary of the Interior’s Standards" means the Secretary of the Interior’s Standards for Treatment of Historic Properties found at 36 C.F.R. 68.3, as it may be amended from time to time. The Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings associated with the Secretary of the Interior’s Standards offer general design and technical recommendations to assist in applying the standards to a specific property.

qq)    "Sign" means a display board, screen, structure, object or part thereof, used to announce, declare, demonstrate, display or otherwise advertise and attract the attention of the public to any business, service or product provided on the premises upon which such sign is placed, other than:

1)    Official notices authorized by a court, public body or public officer; and

2)    Directional, warning or information signs authorized by Federal, State or municipal authority.

rr)    "Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building, structure, or object, whether standing, ruined or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing construction.

ss)    "State Historical Building Code" means the California Historical Building Code.

tt)    "Structure" means those functional constructions made usually for purposes other than creating human shelter, such as, bridges, canals, dams, highways, tunnels, etc.

uu)    "Survey" means a systematic and standardized process for identifying and gathering data on resources that have the potential to become historical landmarks as well as areas, neighborhoods, and resources that, due to the concentration or linkages, have the potential to be historic districts. Surveys may be conducted by or on behalf of the City, or by qualified historic preservation professionals, and should be conducted in accordance with the standards set forth by the California Office of Historic Preservation.

vv)    "Thematic district" means a compilation of sites, buildings, structures, or objects that are not geographically linked, but rather are linked by similar characteristics that can be clearly articulated. For example, they may be related to a single historic person, event, or developmental force; of one building type or use, or designed by a single architect; of a single archaeological site form, or related to a particular set of archaeological research problems. It is expected that all properties in the district will be contributing resources and each will have sufficient integrity.

ww)    "Torrance Register of Historic Resources" means a register containing those properties and geographical areas formally designated by the Commission as historic landmarks or historic districts pursuant to this Article. The most recent version of the register shall be published on the City’s official website, and a copy of it shall be available for review in the City Clerk’s office.

91.50.030 DESIGNATION OF HISTORIC RESOURCES.

The Historic Preservation Commission may designate a property or area if it meets the requirements of this Article.

91.50.040 TORRANCE REGISTER OF HISTORIC RESOURCES.

a)    The Torrance Register of Historic Resources is hereby created. The register is a list of locally designated historic landmarks and historic districts, including the contributing resources in historic districts. Properties listed on the local register may be identified on site with an exterior marker or plaque displaying pertinent information about the property. A record of properties on the local register shall be kept by the City.

b)    Eligibility. To be eligible for designation as a landmark or historic district in the Torrance Register of Historic Resources, a property or area shall meet one (1) or more of the following requirements below:

1)    Listed in the California Register and National Register, if the property has not undergone substantial exterior alteration since its designation and retains integrity;

2)    Identified as eligible in a survey adopted by the Torrance City Council;

3)    Determined by a qualified historic preservation professional through a historic assessment to meet at least one (1) or more of the criteria outlined in Section 91.50.050 or 91.50.060.

91.50.050 HISTORIC LANDMARK DESIGNATION CRITERIA.

a)    Significance. A property may be designated by the Historic Preservation Commission pursuant to Section 91.50.070 as a historic landmark if:

1)    It is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history, or the cultural heritage of the City, California, or the United States;

2)    It is associated with an important person or persons who made a significant contribution to the history, development, and/or culture of the City, region, State, or nation;

3)    It embodies the distinctive characteristics of a type, period, style, or method of construction;

4)    It is representative of the work of a master;

5)    It possesses high artistic or aesthetic values;

6)    It has yielded or has the potential to yield information important to the prehistory or history of the City, region, State, or nation;

7)    It is among the last, best remaining examples of an architectural or historical type or specimen.

b)    Integrity. In addition to having significance, a property or area must demonstrate integrity for the time period in which it is significant. Integrity is defined by seven (7) aspects: location, design, setting, materials, workmanship, feeling, and association. A property or area need not possess all seven (7) aspects, but must retain enough to convey the reason for its significance.

91.50.060 HISTORIC DISTRICT DESIGNATION CRITERIA.

a)    Significance. A historic district may be designated by the Historic Preservation Commission pursuant to Section 91.50.080 if it meets one (1) or more of the criteria outlined in Section 91.50.050(a), or one (1) of the following criteria:

1)    Reflects significant growth patterns, including those associated with different areas of settlement and growth, transportation modes, or distinctive examples of park or community planning;

2)    Conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association;

3)    Related thematically as a grouping unified aesthetically or historically.

b)    Integrity. Historic districts also shall possess a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development from a specific time period. In addition:

1)    For a geographic district, at least sixty-six percent (66%) of the properties in the district shall be contributing resources in order to have sufficient integrity. Contributing resources shall be from the district’s period of significance and have integrity per Section 91.50.050(b).

2)    For thematic districts, it is expected that all properties in the district will be contributing resources and each will have sufficient integrity per Section 91.50.050(b).

91.50.070 HISTORIC LANDMARK DESIGNATION PROCESS.

a)    Initiation of Designation. Any person or group, including the City, may initiate the designation of a historic landmark with the owner’s consent by submitting an application to the Community Development Department. A written application shall be completed on a form provided by the City and shall include all required information, the owner’s signature, and payment of applicable fees. Applications initiated by the City Council or the Historic Preservation Commission shall direct the Community Development Director to oversee and ensure the application is completed.

b)    Initial Application Review. All applications filed with the Community Development Director shall be initially processed as follows:

1)    Completeness Review. Within thirty (30) days after the filing, the Community Development Director shall review the application materials and determine whether the application is complete. The application shall include sufficient architectural, cultural, and historic information to establish that the property is eligible for designation. If the application is determined to be incomplete, the Community Development Director shall promptly inform the applicant in writing of the missing information. The effective date for the application shall be the day the application is deemed complete. No permits shall be issued from the effective date for any activities that would require a certificate of appropriateness or certificate of demolition, including exterior alterations, rehabilitations, additions, demolitions, or relocation, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision.

2)    Designation Report. The Community Development Director shall prepare a designation report, which shall discuss whether or not sufficient evidence exists to support a finding that all of the applicable requirements for designation as a historic landmark can be met, and include a boundary map and legal description of the proposed designation. If the Community Development Director recommends designation, the property’s character-defining architectural, site, and landscape features shall be identified. The designation report shall be forwarded to the Historic Preservation Commission, applicant, and the owner prior to the Commission hearing.

c)    Commission Hearing and Notice. Once the application has been deemed complete, the Community Development Director shall set a date, time and place for the next available Historic Preservation Commission meeting and shall send notice thereof to the owners of land included within a five hundred (500) foot radius of the exterior boundaries of the land for which the permit is sought as shown on the last equalized assessment roll. The Historic Preservation Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Historic Preservation Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

d)    Commission Findings. The Historic Preservation Commission shall review the application and designation report, make findings of fact, and adopt a resolution to approve in whole or in part or disapprove the application for designation. The findings shall contain the following information:

1)    Explanation of how the property under consideration meets or does not meet the applicable criteria in Section 91.50.060;

2)    Explanation of the integrity or lack of integrity of the property under consideration;

3)    Identification of the character-defining exterior architectural, site or landscaping features of the property under consideration.

91.50.080 HISTORIC DISTRICT DESIGNATION PROCESS.

a)    Initiation of Designation. The City or any owner within a proposed historic district may initiate the designation of a geographic area or grouping of resources as a historic district by submitting an application to the Community Development Department. The application shall include all required information and payment of applicable fees.

1)    The application shall be accompanied by:

A)    A survey with a map of the proposed boundaries, the contributing and noncontributing resources identified, and a historic context summary. At least sixty-six percent (66%) of the properties within the boundaries shall be contributing.

B)    A petition of one hundred percent (100%) of property owners within proposed boundaries.

2)    For purposes of the petition requirement, each parcel must have the signature of the property owner or one (1) signature from the authorized agent if there are multiple owners but only one (1) signature shall be counted per parcel for purposes of calculating the one hundred percent (100%) required. By way of example only, if the proposed historic district were composed of twenty (20) parcels, then the owners of twenty (20) parcels would be required to consent to the designation.

3)    Applications initiated by the City Council or the Historic Preservation Commission shall direct the Community Development Director to oversee and ensure the application is completed.

b)    Initial Application Review. The process shall be the same as outlined above for historic landmark designation pursuant to Section 91.50.070, except:

1)    Completeness Review. Within thirty (30) days after the filing, the Community Development Director shall review the application materials and determine whether the application is complete or whether additional information is required. The application shall include a historic context statement or sufficient architectural, cultural, and historic information to establish that the proposed historic district meets the designation criteria in this Article.

2)    If the application is determined to be incomplete, the Community Development Director shall promptly inform the applicant in writing of the missing information. The effective date for the application shall be the day the application is deemed complete. No permits for any properties within the proposed district boundaries shall be issued from the effective date for any activities that would require a certificate of appropriateness or certificate of demolition, including exterior alterations, rehabilitations, additions, demolitions, or relocation, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision.

3)    Designation Report. The Community Development Director shall prepare a designation report, which shall discuss whether or not sufficient evidence exists to support a finding that all of the applicable requirements for designation as a historic district can be met. A boundary map of the proposed historic district and a list of the contributing and noncontributing resources within the historic district including parcel numbers shall be included. The designation report shall be forwarded to the Historic Preservation Commission and applicant, and made available to the owners within the proposed historic district prior to the Commission hearing. The findings shall contain the following information:

A)    How the district meets the criteria and integrity thresholds for designation;

B)    Percent of contributing resources;

C)    Percent of owner signatures on the petition;

D)    If the designation is recommended, the proposed historic district’s character-defining features, including architectural, site, and landscape features and patterns, such as street layout, setbacks, building massing and scale, architectural styles, natural features and other distinct physical features or spatial relationships, shall be listed.

c)    Commission Preliminary Hearing and Notice. Upon completion of the designation report, the Community Development Director shall set a date, time and place for a preliminary hearing before the Historic Preservation Commission at their next available meeting to determine whether the proposed historic district merits formal consideration for nomination by the Commission.

1)    The public hearing shall be noticed per the procedure outlined in Section 91.50.070(c).

2)    Commission Findings. The Historic Preservation Commission shall determine whether sufficient evidence exists to conclude that the geographical area or thematic properties satisfy all applicable designation criteria, and if so, whether the area or properties merit formal consideration for nomination. If, based on the Community Development Director’s preliminary evaluation and any other evidence provided to the Commission at or prior to the hearing, the Commission determines that sufficient evidence exists and the area or properties merit formal consideration, it shall direct the Community Development Director to initiate balloting for owner consent and schedule a public hearing before the Commission to consider nomination once the ballot results have been completed. If the Commission determines that sufficient evidence does not exist, or the area or properties do not merit formal consideration, that shall be a final action of the Commission, which is appealable pursuant to Section 91.50.300.

3)    Written Consent of Owners. The written consent of not less than one hundred percent (100%) of all affected owners of the proposed historic district must be obtained in order for the district to be designated. The consent shall be obtained by sending by first-class mail to every parcel owned:

A)    Notice that the property is in an area that has been nominated for designation as a historic district;

B)    Notice about the historic district designation process and instructions for balloting;

C)    A ballot with the option to consent to or to oppose the proposed historic district designation;

D)    An impartial opinion of the City Attorney as to the effect of the designation on the parcels located in the proposed district;

E)    Notice that a work moratorium is in place for the property as of the effective date;

F)    Notice that a public hearing before the Commission will be scheduled and the owners will be duly notified prior to the hearing; and

G)    The name, title, and contact information of a person within the Community Development Department who shall provide additional information regarding the historic district designation process.

d)    Work Moratorium. No permits shall be issued for any activities that would require a certificate of appropriateness or certificate of demolition for any properties located in the proposed historic district, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision on the application.

e)    Commission Designation Hearing. Once the designation report has been prepared and an owner consensus of one hundred percent (100%) has been reached, the Historic Preservation Commission shall schedule a public hearing on the proposed historic district. The public hearing will be duly noticed following the City’s existing procedures.

f)    Commission Findings. The Historic Preservation Commission shall review the application and designation report and adopt a resolution or make findings of fact to approve in whole or in part or disapprove the application for designation. The findings shall contain the following information:

1)    Explanation of how the proposed historic district under consideration meets or does not meet the applicable criteria in Section 91.50.060;

2)    Explanation of the integrity or lack of integrity of the proposed historic district under consideration; and

3)    Identification of the character-defining exterior architectural, site or landscaping features of the property under consideration.

91.50.090 NOTICE OF HISTORIC PRESERVATION COMMISSION’S DECISION.

a)    Notice of the Historic Preservation Commission’s decision shall be sent to applicants and owners of a designated property and all properties in a historic district with information about a specific property’s status as a contributing or noncontributing resource. Notice shall also be sent to the City Council and all appropriate City departments.

b)    Each City department shall incorporate the notice of designation or status in a historic district into its records, so that future decisions or permissions regarding or affecting a landmark property or a property in a historic district shall be made with the knowledge of the designation.

c)    Failure to Send Notice. Failure to send any notice by mail to any property owners where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation.

91.50.100 APPEAL OF HISTORIC PRESERVATION COMMISSION DECISION.

The Historic Preservation Commission’s decision shall be final unless appealed in accordance with Section 91.50.300 or called for review by the City Council.

91.50.110 AMENDMENT OR RESCISSION.

The Historic Preservation Commission and the City Council may amend or rescind any designation of a historic landmark or historic district in the same manner and procedure as are followed for designation. For amendments to an existing historic district, the procedures shall only apply to the properties requesting inclusion, removal, or amendment.

91.50.120 PROJECT REVIEW.

A project review process is established to ensure that any alteration to a historic resource is in keeping with the historic character of the resource.

91.50.130 GENERAL REQUIREMENTS.

a)    A project review is required for any:

1)    Alteration, addition, rehabilitation, restoration, reconstruction, or partial demolition affecting the exterior of a historic landmark or contributing resource.

2)    Relocation or full demolition of a historic landmark or contributing resource.

3)    Exterior work to a noncontributing resource in a historic district that will be visible from the public right-of-way.

4)    New construction within a historic district.

b)    No permit shall be issued for work on a historic resource until the appropriate approval has been issued in accordance with the provisions of this Article.

c)    Once an approval has been issued, the Community Development Department shall, from time to time, inspect the work to ensure that the work complies with the approved certificate of appropriateness and has been satisfactorily completed.

91.50.140 FILING OF APPLICATIONS.

a)    All proposed project applications shall be filed with the Community Development Department. The applicant is encouraged to confer with the Community Development Department before submittal of the application.

b)    All applications shall include:

1)    Description of the proposed project;

2)    Plans and specifications showing the proposed exterior appearance;

3)    Materials and colors to be used on the exterior of the historic resource;

4)    Relationship of the proposed work to the surrounding environment, if necessary;

5)    Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in historic districts;

6)    Any other information determined to be necessary for review of the proposed work;

7)    Additional supporting materials and justifications may be required when demolition or relocation of a historic resource is requested;

8)    Required fee(s).

c)    Once an application is determined complete, it shall be reviewed by the Community Development Department to determine the appropriate review procedure.

91.50.150 EXEMPTIONS.

Certain projects are exempt from review:

a)    Ordinary maintenance and repair that involve regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, that do not require issuance of a permit; and that do not involve a change of design, material, appearance, or visibility of the property. Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this Article that does not involve a change in design, material, or external appearance thereof pursuant to Article 32 of Chapter 2 of this Division.

b)    Interior alterations that do not affect character-defining features or exterior appearance.

c)    Plantings that do not diminish, eliminate, or adversely affect character-defining features of the property or historic district.

d)    Stabilization of emergency or hazardous conditions where the Community Development Department, Fire Department or other enforcement agency has determined that emergency or hazardous conditions currently exist and the condition must be corrected in the interest of the public health, safety and welfare. When feasible, the enforcement agency should consult with the Director of the Community Development Department on how to correct the condition consistent with the historic character. Aside from stabilization needed to correct the emergency or hazardous conditions, any other work shall comply with the provisions of this Article.

91.50.160 ORDINARY MAINTENANCE AND REPAIR.

Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this Article that does not involve a change in design, material, or external appearance thereof pursuant to Article 32 of Chapter 2 of this Division.

91.50.170 MINOR PROJECT REVIEW.

The Historic Preservation Commission is hereby given the authority to delegate certain minor projects to the Director of the Community Development Department, and his or her designee for review and administrative decisions of approval, conditional approval or denial.

a)    Minor projects are those cases involving:

1)    Exterior alterations that do not adversely affect the historic character of the historic landmark, contributing resource or the historic district, such as:

A)    In-kind repair of deteriorated character-defining features, including character-defining landscape features, that does not involve a change of design, appearance, or visibility of the feature;

B)    Replacement of character-defining features too deteriorated to repair. In-kind replacement in the historic material is preferred. Compatible substitute materials that maintain the historic character in terms of pattern, texture, and detailing may be considered;

C)    Repair or replacement of roof-covering materials, gutters, and downspouts; provided, that the replacement is in-kind or maintains the architectural character of the historic resource in terms of pattern, texture, and coloration;

D)    Foundation work with no change in appearance;

E)    Chimney repair and retrofit with no change in appearance;

F)    Construction, demolition or alteration of side, rear and front yard fences;

G)    Alterations or removal of landscape features such as walkways, planter walls, paved areas, and fountains not identified as character-defining features;

H)    In-kind replacement of historically faithful features that were previously removed;

I)    Other minor rehabilitation work as determined by the Director of the Community Development Department.

2)    Exterior work on noncontributing resources in historic districts that is not out of character with the historic district. Partial demolition, increasing the number of existing stories, and additions that increase the square footage by less than twenty-five percent (25%) of the existing building area, inclusive of attached garages and exclusive of detached garages, may be reviewed as a minor project if they are minimally visible from the public right-of-way and are compatible with the character of the historic district. Full demolitions and/or new infill construction to replace noncontributing resources shall follow the certificate of appropriateness process.

3)    Additions and accessory buildings that are one (1) story, at the ground floor, not visible from a public right-of-way and increase the building square footage by less than twenty-five percent (25%) of the existing building’s area, inclusive of attached garages and exclusive of detached garages.

b)    Minor Project Review - Standards and Findings.

1)    The Historic Preservation Commission shall establish review standards and guidelines for minor project reviews. If the Commission has not adopted review standards and guidelines, then the Secretary of the Interior’s Standards will be the review standard.

2)    The administrative approval shall make findings of fact that the proposed work is consistent with the applicable review standards or does not adversely affect the property’s ability to remain a historic resource.

3)    For noncontributing resources, a reasonable effort shall be made to produce compatibility, and in no event shall the alteration increase the incompatibility of the noncontributing resource to the historic district.

c)    Minor Project Review - Procedures.

1)    The administrative approval can be appealed within fifteen (15) days of issuance as provided in Section 91.50.300.

2)    No changes shall be made to the approved plans for which an administrative approval was issued without resubmittal to the Community Development Department for approval of the changes.

d)    If in the judgment of the Community Development Director, the proposed work is not a minor project eligible for an administrative approval, or otherwise determines that input from the Historic Preservation Commission is desired, then the Director shall forward the application to the Commission for its review and decision following the procedure outlined in Section 91.50.180.

91.50.180 CERTIFICATE OF APPROPRIATENESS.

A certificate of appropriateness is required for any alteration, addition, rehabilitation, restoration, reconstruction, partial demolition, relocation, or new construction that is not a minor project. Once the application is determined complete, and a certificate of appropriateness is required, the application shall be scheduled for the next available Historic Preservation Commission meeting, allowing for public noticing requirements outlined in Section 91.50.070(c).

a)    Certificate of Appropriateness - Review Standards.

1)    The Historic Preservation Commission shall establish and adopt review standards and guidelines for the certificate of appropriateness review based upon the Secretary of the Interior’s Standards, which may be supplemented with the associated Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings or other design and technical recommendations published by the National Park Service. If the Commission has not adopted review standards and guidelines, then the Secretary of the Interior’s Standards shall be the review standard.

2)    In evaluating applications, the Historic Preservation Commission may consider the following factors when determining if the proposed project meets the review standards or is compatible with the historic resource:

A)    Mass, or the height of a building, its bulk and the nature of the roof line;

B)    Proportions between the height of a building and its width;

C)    Nature of the open space around buildings, including extent of setbacks, the existence of side yards, their sizes, continuity of such spaces along the street, and the extent of paving;

D)    Nature of openings in the facade (windows and doors) - their locations, size, proportions, and hierarchy;

E)    Type of roof - flat, gabled, hip, etc.;

F)    Nature of projections from the building, such as porches and balconies;

G)    Nature of the architectural details, and the predominant architectural style (if any);

H)    Nature of the materials;

I)    Color;

J)    Texture;

K)    Details of ornamentation;

L)    Signs; and

M)    Other character-defining features.

3)    Additional Review Considerations for Partial Demolition of a Historic Landmark or Contributing Resource. For applications involving partial demolitions, the Historic Preservation Commission shall also consider:

A)    Whether character-defining features are removed or materially impaired, including garages, accessory structures, and landscape features;

B)    Level of visible change to the historic landmark or contributing resource and its historic character from the public right-of-way;

C)    Effect of the proposed project design on the property;

D)    For contributing resources in a historic district, effect of the demolition and proposed project design on the character of the surrounding area.

4)    Review Considerations for New Infill Construction in Historic Districts. The Historic Preservation Commission shall review new construction in historic districts for compatibility with the scale, massing, setbacks, and where appropriate, the original style, of the historic district’s contributing resources and for maintaining the overall character of a historic district. The design of the new building shall consider the following characteristics:

A)    The height, width, and length of the new building compared to surrounding contributing resources;

B)    Floor heights, fenestration patterns, proportions, solid-to-void ratios, and other elements and details;

C)    Exterior materials and treatments;

D)    Other relevant features of the historic district and its contributing resources.

b)    Certificate of Appropriateness - Findings. The Historic Preservation Commission may approve, conditionally approve, or deny the application and shall make findings of fact in writing based on the review standards established in this Article. The findings shall ensure the proposed project in whole will:

1)    Not detrimentally change, destroy, or adversely affect the historic character or value of the historic resource.

2)    Not adversely affect or detract from the character of the district, if applicable.

3)    Be compatible with the exterior features of other improvements within the district, if applicable.

91.50.190 CERTIFICATE OF DEMOLITION.

A certificate of demolition is required for any full demolition of a historic landmark or contributing resource located within a historic district.

a)    Certificate of Demolition - Process.

1)    The Historic Preservation Commission shall take reasonable measures to ensure historic resources are not inadvertently or unnecessarily destroyed and explore all alternatives to their demolition. The full demolition of a historic landmark or contributing resource is considered a discretionary permit and subject to the California Environmental Quality Act (CEQA) and Permit Streamlining Act. Therefore, a demolition permit shall not be issued until the requirements of this Section have been met.

2)    An initial study prepared in accordance with CEQA and a certificate of economic hardship application shall also accompany a certificate of demolition application.

b)    Certificate of Demolition - Review Considerations. The Historic Preservation Commission may take into consideration the following factors for the certificate of demolition, with appropriate substantial evidence from qualified professionals provided as needed to assist the Commission in making an informed decision:

1)    The historic or architectural significance of the resource;

2)    The importance of the historic landmark to Torrance or of the contributing resource to the integrity and character of the historic district;

3)    The reasons and justification for the proposed demolition;

4)    If the building and/or site is a hazard to public health or safety and the feasibility of repairs or stabilization without impacting its integrity;

5)    Feasibility to repair, rehabilitate, or adaptively reuse the historic landmark or contributing resource following the adopted review standards as well as the application of available incentives such as the California Historic Building Code, Mills Act program, or other assistance Torrance may provide;

6)    Opportunities to incorporate the historic landmark or contributing resource into the replacement project;

7)    Merits of the proposed replacement project for the benefit of Torrance and its citizens;

8)    Options to mitigate the loss of the historic landmark or contributing resource, such as through relocation to another appropriate site, documentation, interpretation, salvage, etc.;

9)    Request based on economic hardship.

c)    Certificate of Demolition - Replacement Projects.

1)    For contributing resources, the Historic Preservation Commission shall review the replacement project at the same time as the demolition request and consider the effect on the historic district with the demolition as well as with the proposed replacement project and its compatibility with the character of the historic district taking into consideration the factors listed in Section 91.50.180(a)(4).

2)    If a certificate of demolition is approved, no demolition permit may be issued until a replacement project has received all approvals and building plans are permit ready, or other reasonable condition to avoid preemptive demolition. Vacant land or nonuse will not constitute a valid replacement project.

d)    Certificate of Demolition - Findings. To approve the demolition, the Historic Preservation Commission shall find that the denial of the requested demolition will deprive the owner of substantially all reasonable use of the property and a certificate of economic hardship has been approved, and shall find at least two (2) of the following:

1)    The deterioration of the historic landmark or contributing resource is not the result of the failure of the owner to maintain the property in accordance with Section 91.50.320 and Article 32 of Chapter 2 of this Division.

2)    There is a compelling public interest that justifies demolition;

3)    All reasonable efforts to restore, rehabilitate, or relocate the historic landmark or contributing resource have been exhausted;

4)    Rehabilitation or other alternatives would require extensive alterations that would render the historic landmark or contributing resource infeasible of preservation or no longer eligible for the Torrance Register of Historic Resources;

5)    Demolishing the contributing resource will not detrimentally change, destroy or adversely affect the historic character or value of the historic district.

91.50.200 CERTIFICATE OF ECONOMIC HARDSHIP.

The Commission may issue a certificate of economic hardship to allow alteration or demolition of a historic landmark or contributing resource where denial of a certificate of appropriateness or certification of demolition would create an undue economic hardship upon the owner.

a)    Certificate of Economic Hardship - Process. An application for a certificate of economic hardship shall be filed with the Community Development Department either concurrently with, or after, filing the related application for a certificate of appropriateness.

Certificate of economic hardship applications may be requested to include:

1)    Cost estimates for the proposed construction, addition, alteration, demolition or relocation, and an estimate of additional costs that would be incurred to comply with the recommendations of the Historic Preservation Commission for issuance of a certificate of appropriateness.

2)    A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation, as to the structural soundness of any structures on the property and their suitability for rehabilitation.

3)    The estimated market value of the property in its current condition.

4)    The estimated market value of the property after completion of the proposed construction, alteration, demolition, or relocation.

5)    The estimated market value of the property after any condition recommended by the Commission.

6)    In the case of full demolition, the estimated market value of the property after renovation of the existing property for continued use.

7)    In the case of full demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional with experience in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

8)    For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.

9)    The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.

10)    All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

11)    The amount paid for the property if purchased within the previous thirty-six (36) months; the date of purchase; and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

12)    Any listing of the property for sale or rent, including the prices asked and offers received, if any occurred within the previous two (2) years.

13)    Any other information considered necessary by the Commission to determine whether or not the property does or may yield a reasonable return to the owners.

14)    Required fees.

b)    Certificate of Economic Hardship - Review Standards.

1)    The basis to establish economic hardship for an income-producing property shall be that a reasonable rate of return cannot be obtained from the property in its present condition or if rehabilitated.

2)    The basis to establish economic hardship for a nonincome-producing property shall be found when the property owner demonstrates that the property has no beneficial private or institutional use. Nonincome-producing properties shall consist of owner-occupied dwellings or properties owned by institutional, nonprofit organizations or public entities.

3)    Demonstration of an economic hardship shall not be based on or include any of the following circumstances:

A)    Willful or negligent acts by the owners;

B)    Purchase of the property for substantially more than market value;

C)    Failure to perform normal maintenance and repairs;

D)    Failure to diligently solicit and retain tenants;

E)    Failure to provide normal tenant improvements;

F)    Failure to accept an offer of purchase of the property at fair market value from a party willing to maintain the historic designation of the property.

c)    Certificate of Economic Hardship - Findings. The Historic Preservation Commission may approve, conditionally approve, or deny the application and shall make findings of fact in writing relating to the standards for review that constitute the basis for its decision. The following findings shall be made for all certificate of economic hardship applications:

1)    Denial of the application will result in immediate and substantial hardship to the owner(s) of the subject property because of conditions peculiar to the property, or features thereof;

2)    The sale, rental, rehabilitation, or adaptive reuse of the property is not economically reasonable, practical, or viable, considering the cost of utilizing the property for uses allowed in the applicable zone, including any existing allowed nonconforming uses; and

3)    Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

91.50.210 CONDITIONS OF APPROVAL.

The Historic Preservation Commission may impose conditions of approval for demolitions or major alterations that do not meet the review standards, such as imposing a delay for a specified time period to consider alternatives, or require Historic American Building Survey (HABS)-like photo, written, and/or architectural drawings documentation, salvage of historic materials, interpretive display, exhibit, or program incorporated into the replacement project or otherwise made publicly accessible, or other methods deemed appropriate by the Commission.

91.50.220 APPEALS.

The Historic Preservation Commission’s decision shall be final unless appealed in accordance with Section 91.50.300 or called for review by the City Council.

91.50.230 TERM.

A certificate of appropriateness and certificate of demolition shall lapse and become void twelve (12) months from the date of issuance, unless a building permit (if required) has been issued and the rights granted by the permit or certificate have been exercised and are being pursued to completion. An extension may be requested by the owner so long as the approved plans have not been modified. The Director of the Community Development Department may approve, conditionally approve, or deny any request for a time extension, or may refer the request to the Historic Preservation Commission, which may approve, conditionally approve, or deny any request for a time extension.

91.50.240 MODIFICATIONS.

An application to modify an issued certificate of appropriateness, or a condition of approval imposed thereon, shall be heard and considered in the same manner and by the same body as the originally reviewed application unless otherwise determined by the director. Payment of applicable fees is required upon submitting an application for modification.

91.50.250 HISTORIC PRESERVATION INCENTIVES.

In order to carry out the purposes of this Article, the City Council may, by resolution, adopt a program of economic and other incentives to support the preservation, maintenance and appropriate rehabilitation of the City’s significant historic resources. Preservation incentives shall be made available to owners of historic landmarks and contributing resources located within a historic district.

91.50.260 CALIFORNIA HISTORICAL BUILDING CODE.

a)    Historic landmarks and contributing resources in historic districts listed in the Torrance Register of Historic Resources shall be considered qualified historical properties and may take advantage of the provisions of the California Historical Building Code (CHBC), Part 8 of Title 24, California Code of Regulations.

b)    The purpose of the CHBC is to provide regulations for the preservation, restoration, rehabilitation, or reconstruction of buildings or properties designated as qualified historic properties. It is intended to provide solutions for the preservation of qualified historic properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users.

c)    The CHBC provides flexibility in complying with the regular code when strict compliance will threaten or destroy the qualified historic property’s historic significance or character-defining features. The CHBC allows for performance-based analysis in addition to some prescriptive-based and recognizes the construction properties inherent in historic buildings.

d)    Proposed alternatives under the CHBC are evaluated by the appropriate local agencies on a case-by-case basis, with documentation of the character-defining features, potential impacts, reasons for the alternative provisions, and other information as needed. The goal should be to achieve an equivalent level of safety and accessibility that retains the property’s historic character while also meeting life-safety standards.

91.50.270 MILLS ACT.

Pursuant to California Government Code Sections 50280 through 50290 (commonly known as the "Mills Act"), the City is authorized to enter into Mills Act contracts with the owner of a historic landmark for the purpose of preservation, rehabilitation, and maintenance of designated historic resources, which allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property in accordance with the Secretary of the Interior’s Standards and other applicable criteria. The City Council shall, by resolution, specify the application process and review procedures for Mills Act contracts.

91.50.280 MODIFICATIONS TO DEVELOPMENT STANDARDS.

The Historic Preservation Commission may propose reductions and/or modifications to development standards for historic resources, and subject to City Council approval as needed. These may include reduction in parking space requirements and/or design standards, retaining nonconforming setbacks, change of use, or other elements deemed appropriate for the historic landmark or contributing resources located in a historic district.

91.50.290 PUBLIC RECOGNITION.

The Historic Preservation Commission may establish a program to publicly recognize historic landmarks or historic districts with plaques, signage, and other appropriate forms of recognition.

91.50.300 RIGHT OF APPEAL.

a)    The decision of the Historic Preservation Commission may be appealed to the City Council pursuant to the provisions of Article 5 of Chapter 1 of Division 1, commencing at Section 11.5.1.

b)    The decision of the Community Development Director may be appealed to the Historic Preservation Commission. Such appeal shall be made in writing to the Historic Preservation Commission within fifteen (15) days of the decision of the Community Development Director. The public appeal hearing will be duly noticed following the City’s existing procedures.

91.50.310 OTHER PROVISIONS.

Historic resources in Torrance are also subject to the provisions in this Article.

91.50.320 DUTY TO KEEP IN GOOD REPAIR.

In addition to the property maintenance outlined in Article 32 of Chapter 2 of this Division, the owner(s), occupant(s), or other person(s) in actual charge of a historic resource shall keep in good repair all of the exterior portions of the improvement, structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature(s) and any other character-defining features of the property. If periodic maintenance and upkeep is not done, and the historic resource falls into disrepair, the fact that it is in disrepair may not be used as justification for demolition or any other alteration which would cause adverse effect as defined in this Article.

91.50.330 NATURAL DISASTERS.

Historic landmarks and contributing resources in a historic district that the Historic Preservation Commission finds to have more than fifty percent (50%) of the significant features and characteristics destroyed by natural disaster(s) shall be considered lawfully demolished for the purposes of this Section.

91.50.340 MUNICIPAL-OWNED HISTORIC RESOURCES.

The Historic Preservation Commission shall review and provide recommendations on all projects affecting historic resources owned by the City of Torrance. The Commission shall be notified of a project affecting Torrance-owned historic resources before any plans for it are approved or work commences.

91.50.350 ENFORCEMENT.

a)    Any person who violates a requirement of this Article or fails to obey an order issued by the City Council, Historic Preservation Commission and/or Director of Community Development, or fails to comply with a condition of approval of any certificate or permit issued under this Article, shall be subject to enforcement actions pursuant to Sections 92.23.1 and 92.23.2. In addition to all other remedies available to the City, any alteration or demolition of a historic resource in violation of this Article is expressly declared to be a nuisance and may be abated as deemed appropriate by the City pursuant to Article 35 of Chapter 2 of this Division.

b)    Any person who constructs, alters, removes, or demolishes a historic landmark or contributing resource in a historic district without the approval and issuance of a certificate or permit issued pursuant to this Article may be required to restore the property to its appearance prior to the violation to the extent such restoration is physically possible, under the guidance of the Director. This civil remedy shall be in addition to, and not in lieu of, any criminal penalties available.

c)    In addition to all other remedies, the City shall have the authority to impose a temporary moratorium on the development of a property for a period not to exceed sixty (60) months from the date the City becomes aware of any alteration or demolition in violation of this Article, unless the owner obtains permits to restore or reconstruct the property to its original condition prior to the violation and the work is consistent with the Secretary of the Interior’s Standards. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the alteration and/or removal of the historic resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures directed by the Commission and/or Director shall be imposed as a condition of any subsequent permit for development of the subject property.

d)    In addition to any other remedies provided herein, any violation of this Article may be enforced by civil action brought by the City. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies or penalties, whether civil or criminal. The remedies provided herein are cumulative and not exclusive. In any such action, the City may seek as appropriate one (1) or both of the following remedies:

1)    A temporary or permanent injunction, or both;

2)    Assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

91.50.360 SEVERABILITY.

If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Article. The City Council hereby declares that it would have adopted the ordinance codified in this Article and each article, section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases or portions be declared invalid or unconstitutional.