CHAPTER 5
CONDITIONAL USE PERMITS

(Amended by O-1635)

ARTICLE 1 - GENERAL

(Amended by O-3178; O-3425)

95.1.1 PURPOSE.

Conditional uses are those uses which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location, making impractical their inclusion in any classes of use set forth in the various zoning districts and, therefore, to warrant special consideration. The purpose of the Conditional Use Permit is to ensure adequate public review of and input on all land uses which could potentially impact the community; and to ensure adequate review. At the time of application for Conditional Use Permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards.

95.1.2 REVIEW AND APPROVAL AUTHORITY.

The responsibility for review and approval or denial of Conditional Use Permits is as follows;

a)    Conditional Use Permits will be reviewed and approved or denied by the Planning Commission.

b)    Minor Conditional Use Permits (as identified in the Hawthorne Boulevard Corridor Specific Plan Zone) will be reviewed and approved or denied by the Planning Director. Applications for Minor Conditional Use Permits may be referred to the Planning Commission at the discretion of the Director.

95.1.3 FILING OF APPLICATION.

a)    Application for a Conditional Use Permit may be made by the owner(s) of the property for which the permit is sought, an authorized agent, a purchaser in escrow or a lessee. Whenever the application is made by a person with less than fee simple title to the land, such application must be accompanied by written approval of such filing by the owner of such property.

b)    Such application shall be filed with the Planning Director and must be accompanied by a fee as provided for in Article 1, Chapter 9 of this Division to cover the costs of any required public notice and the processing of the application.

c)    The fee will be refunded to the applicant, in the manner provided by the Charter and this Code for refund of monies, upon the dedication to the City of more than ten thousand (10,000) square feet of the subject property for the opening or widening of a major or secondary city street as set forth in the Master Plan of Streets and Highways adopted by the City Council.

d)    The application must be filed on a City application form, together with all plans and maps required by the Planning Director, providing sufficient detail to explain the compliance of the proposed use with the established standards contained in this Division and any applicable Specific Plans or Redevelopment Plans, and with the intent and provisions of the respective zoning district in which it is proposed to be located.

e)    Until such application is deemed to be complete by the Planning Department, no action shall be taken or decision made.

95.1.4 (Number not used.)

95.1.5 HEARING AND NOTICE.

a)    Upon receipt of a complete Conditional Use Permit application requiring Planning Commission determination, the Planning Director will:

1)    Set the date, time, and place for a public hearing, and 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; and

2)    Publish a notice of such hearing at least once in a newspaper of general circulation within the City not less than ten (10) days before a hearing is to be held.

b)    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.

95.1.6 FINAL DETERMINATION AND FINDINGS.

a)    The decision making body vested with the authority for final determination will record the decision in writing, and will recite therein the findings upon which any such decision is based. A final determination on an application for a Conditional Use Permit must be made by written resolution by the Planning Commission. A final determination on an application for a Minor Conditional Use Permit must be by written notice by the Planning Director.

b)    The Director or Commission may approve, deny and/or modify a Conditional Use Permit or Minor Conditional Use Permit in whole or in part. The review authority may approve a Conditional Use Permit or Minor Conditional Use Permit, only if all of the following findings are made in positive manner:

1)    The proposed use is one conditionally permitted within the subject zoning district, complies with all of the applicable provisions of this Division and any applicable Specific Plan or Redevelopment Plan, complies with any conditions imposed on the property on which the use is proposed to be located, and any Code violations are abated. This paragraph shall not be interpreted to impose new requirements on legal nonconforming uses and structures under Article 22 of Chapter 2 of this Division;

2)    The proposed use will not impair the integrity and character of the zoning district in which it is to be located;

3)    The subject site is physically suitable for the type of land use being proposed;

4)    The proposed use is compatible with the land use presently on the subject property if there is more than one (1) land use on the property;

5)    The proposed use will be compatible with existing and proposed future land uses within the zoning district and the general area in which the proposed use is to be located;

6)    The proposed use will encourage and be consistent with the orderly development of the City as provided for in the General Plan and any applicable Specific Plan or Redevelopment Plan;

7)    The proposed use will not discourage the appropriate existing or planned future use of surrounding property or tenancies;

8)    There will be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed development is not detrimental to public health and safety;

9)    There will be adequate provisions for public access to serve the proposed use;

10)    The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interest, health, safety, convenience or welfare, or to the property of persons located in the area;

11)    The proposed use will not produce any or all of the following results:

A)    Damage or nuisance from noise, smoke, odor, dust or vibration,

B)    Hazard from explosion, contamination or fire,

C)    Hazard occasioned by unusual volume or character of traffic or the congregating of large numbers of people or vehicles;

c)    If a Conditional Use Permit or Minor Conditional Use Permit is granted, specific conditions may be imposed by the review authority that it finds are reasonable and necessary to mitigate project-related adverse impacts; to carry out the purpose and requirements of the respective land use district; and to effectuate the purposes of the Torrance General Plan, any applicable Specific Plan or Redevelopment Plan, and the best interests of the City. Such conditions may relate to both on- and off-site improvements, and 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 regulation devices;

4)    Such other conditions as are deemed necessary to effectuate the proper development of the property and surrounding area and insure compliance with the Torrance General Plan.

95.1.7 RIGHT OF APPEAL.

a)    The 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

b)    The decision of the Planning Director may be appealed to the Planning Commission in the same manner as is provided in Section 92.30.11 of Article 30, Chapter 2 of this Division.

95.1.8 CONDITIONAL USE PERMIT TO RUN WITH THE LAND.

A Conditional Use Permit granted pursuant to the provisions of this Chapter shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application.

95.1.9 CONDITIONAL USE PERMIT EXPIRATION.

A Conditional Use Permit shall expire and become null and void, when any of the following apply:

a)    When any time specified in the permit has expired;

b)    If the permit is not used within one (1) year after the granting of the permit; provided that the Planning Director may grant an extension of the permit for an additional period as provided in Section 92.2.7.1;

c)    At the expiration of ninety (90) days after the discontinuation of the use for which the permit has been issued.

95.1.10 REVOCATION.

a)    The Planning Commission may hold a public hearing to revoke or modify a Conditional Use Permit granted pursuant to the provisions of this Chapter. Ten (10) days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Conditional Use Permit was granted. Notice shall be deemed delivered two (2) days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles, and/or the project applicant.

b)    A Conditional Use Permit may be revoked or modified by the Planning Commission if any of the following findings can be made:

1)    That the circumstances under which a Conditional Use Permit as granted have changed so that one (1) or more of the findings of fact contained in Section 95.1.6 "FINDINGS" can no longer be made in a positive manner;

2)    That the Conditional Use Permit was obtained by misrepresentation or fraud;

3)    That one (1) or more of the conditions of the Conditional Use Permit have not been met; or

4)    That the use is in violation of any statute, ordinance, law, or regulation.

95.1.11 NUISANCES.

Neither the provisions of this Chapter nor the granting of any permit provided for herein shall authorize or legalize the maintenance of any public or private nuisance. The conditions under which a Conditional Use Permit was approved may be modified by the City without the consent of the property owner or operator if the Planning Commission finds that the development constitutes or is creating a nuisance.

ARTICLE 3 - CONDITIONAL USES AND DEVELOPMENT STANDARDS

95.3.1 USES PERMITTED; CRITERIA.

Notwithstanding any other section of this Code, the following uses and uses substantially the same as said uses on the basis of type, definition, burden and any other criteria utilized by this Chapter as a basis for allowing a use by Conditional Use Permit, may be permitted in the stated zones only by Conditional Use Permit, or by compliance with development standards required by this Chapter where such compliance is authorized in lieu of or in addition to a Conditional Use Permit.

95.3.2 AIRPORTS, HELIPORTS, HELISTOPS AND LANDING STRIPS.

(Amended by O-1854)

a)    Airports and landing strips conditionally permitted in C-3, C-4, C-5, M-1 and M-2 zones only, subject to the provisions of Chapter 3 of Division 7

b)    Heliports and Helistops conditionally permitted, subject to the provisions of Chapter 8 of Division 9

c)    The provisions of this section shall not apply to that certain area of the Torrance Municipal Airport designated as the "Aero-nautical Area" as delineated on the Torrance Airport print dated February 6, 1968 and marked Exhibit "A", on file in the Office of the Planning Director.

95.3.3 ON-SALE LIQUOR SALES ESTABLISHMENTS.

(Amended by O-1660; O-2021; O-2511)

a)    On-sale liquor sales establishments are conditionally permitted in zones C-1, C-2, C-3, C-4, C-5, M-1 and M-2.

b)    For the purpose of this section, on-sale liquor sales establishment shall mean any premises on or from which any alcoholic beverage is sold or dispensed for sale to the general public, excepting therefrom those premises from which distilled spirits are sold by the bottle or package to be consumed off the premises.

c)    The sale of beer and wine is conditionally permitted in the C-R zone only in conjunction with the sale of food. No other alcoholic beverages may be sold.

d)    Any conditional use permit issued pursuant to the provisions of this section shall become void, and any nonconforming use of premises used for an on-sale liquor sales establishment shall terminate, where such establishment shall have ceased the sale of liquor by reason of the termination or revocation of the State on-sale liquor license therefor or the suspension by the State of sales thereunder for a period of ninety (90) or more calendar days unless renewed by the License Review Board.

e)    The conditional use permit shall be renewed, if at all, by the License Review Board, rather than the Planning Commission, where the sale of liquor is to be resumed in such establishment after it has ceased as provided in subsection c) and the existing State on-sale liquor license is to be transferred or exchanged for another on-sale liquor license.

f)    The conditions of subsections d) and e) shall apply equally to any establishment selling beer and wine under subsection c).

g)    The Planning Commission or the License Review Board, as the case may be, shall specify individual development standards for each establishment when granting or renewing a Conditional Use Permit based on the following considerations:

1)    Its distance from existing residential uses within the zone and its distance from residential and non-commercial uses in zones adjacent to that zone in which the establishment is proposed.

2)    Location of and distances to churches, schools, hospitals and public playgrounds in relation to the proposed establishment.

3)    Hours of operation of the proposed establishments.

4)    The combination of uses proposed within the proposed establishment.

5)    The quality of the interior and exterior construction and furnishings.

6)    Such other considerations as, in the judgment of the Planning Commission or License Review Board are necessary to protect the public health, safety or welfare.

95.3.4 BORROW PITS.

Borrow pits to a depth of over three (3) feet (all zones). This does not include required drainage sumps or normal grading for new construction or parking lots.

95.3.5 ANIMAL HOSPITALS; KENNELS.

Animal hospitals and kennels conditionally permitted in C-3, C-4, C-5, M-1 and M-2 zones only; provided, however, no animal hospital or kennel shall be located closer than three hundred (300) feet from any school, park, residential zone or residential use. Adequate measures and controls, satisfactory to the Planning Commission shall be taken to prevent offensive noise, odor, dust and flies.

95.3.6 CHURCHES.

(Amended by O-2636; O-2637; O-2819; O-3754)

Churches and associated recreational, educational and social facilities conditionally permitted in R-1, R-2, A-1, C-3, C-4, C-5, M-1, M-L R-3, R-R-3, R-4, C-1 and C-2. Churches are subject to the following development standards:

a)    A church steeple or bell tower may exceed the height limit of the zone in which it is located provided there is no floor space above the height limit in the zone in which it is located.

b)    The parking area shall be developed in accordance with Chapter 3 of this Division.

c)    The main structure or the usable floor area of a church shall not exceed the height limit of the zone in which it is located.

95.3.7 CEMETERIES, CREMATORIES, MAUSOLEUMS, COLUMBARIUMS.

Cemeteries, crematories, mausoleums and columbariums conditionally permitted in all zones. The granting of said Conditional Use Permit shall be conditioned upon the following:

a)    Proof of financial ability to develop and maintain a proposed cemetery.

b)    Submission of adequate plans for perpetual care of the cemetery.

c)    Adequacy of access.

d)    Avoidance of traffic congestion.

e)    Adequacy of screening from adjoining properties.

95.3.8 AMUSEMENT PARKS; CARNIVALS; AUDITORIUMS; STADIUMS, ETC.

(Amended by O-2998; O-3485)

Establishments or enterprises involving large assemblages of people or automobiles conditionally permitted in C-1, C-2, C-3, C-4, C-5, M-1 and M-2 zones only. Such organizations shall include but not be limited to:

a)    Amusement parks;

b)    Carnivals (As provided for in Sections 33.18.4. and 33.18.5. of this Code);

c)    Open air theaters, legitimate theaters and race tracks;

d)    Auditoriums and stadiums;

e)    Privately operated recreation centers of a unique nature such as go-cart race tracks, pony rides, trampoline centers and similar uses;

1)    A pony ride may be conducted as an incidental use when held in conjunction with a pumpkin sales lot on vacant property pursuant to Subsection 92.2.9 e.

f)    Arcades, and other similar places or other businesses which provide five (5) or more electronic or mechanical games which are activated by money or tokens, or for which the participant pays money for the privilege of playing the said electronic or mechanical games.

95.3.9 MEDICAL INSTITUTIONS; HOSPITALS; SANITARIUMS, ETC.

(Amended by O-2819; O-2937; O-2940; O-3365)

Medical institutions governed by the following:

a)    Hospitals, sanitariums and mental hospitals conditionally permitted in R-3, R-R-3, R-4, C-1 and C-2 zones; no such permit is required in C-3, C-4 and C-5 zones;

b)    Rest homes and convalescent homes facilities for the aged conditionally permitted in R-3 and R-R-3 zones; no such permit is required in R-4, R-P, C-1 and C-2 zones;

c)    Institutions for the treatment of alcoholics, mental hygiene homes conditionally permitted in R-4, R-P, C-1, C-3, C-4 and C-5 zones;

d)    Nursing homes, specialized homes for geriatrics and convalescent hospitals conditionally permitted in R-3, R-R-3, R-4, C-1, C-2 and C-3 zones; no such permit is required in C-4 and C-5 zones;

e)    Foster homes for mentally retarded children, housing two or more children, conditionally permitted in R-3, R-R-3, R-4 and A-1 zones.

95.3.10 PRIVATE CLUBS, FRATERNITIES, LODGES, ETC.

Private clubs, fraternities, sororities and lodges conditionally permitted in R-3, R-R-3, R-4 and R-P zones only. Such uses are permitted without such permit in C and M zones.

95.3.11 PUBLIC UTILITIES.

Public utilities or utilities operated by mutual agencies consisting of water wells, electrical substations, gas metering stations, telephone exchanges, power boosters or conversion plants, with the necessary buildings, apparatus or appurtenances incidental thereto, conditionally permitted in all zones except that no such permit is required in M-1 and M-2 zones.

95.3.12 COMMERCIAL RADIO AND TELEVISION EQUIPMENT.

(Amended by O-2010; O-2011)

Commercial radio and television antennae, towers and transmitters and auxiliary equipment are conditionally permitted in all zones; provided, however that no such permit is required in M-1 or M-2 zones or on property owned by the United States, the State, the City, the Torrance Unified School District or any other public agency.

95.3.13 REFUSE DUMPS AND SEWAGE DISPOSAL PLANTS.

(Amended by O-1921)

Refuse and sewage disposal plants, refuse dumps and relocation of refuse dumps are conditionally permitted in M-1 and M-2 zones; provided, however, that no application for a conditional use permit to operate a refuse and sewage disposal plant or refuse dump or to relocate a refuse dump shall be filed unless and until the Los Angeles Regional Water Quality Control Board has approved the operation or relocation of such plant or dump. A refuse dump is any property used for the disposal of refuse as defined in Section 43.1.1. of this Code.

95.3.14 TRAILER PARKS.

(Amended by O-2128)

Trailer parks, subject to the development of standards contained within all applicable City ordinances and other conditions and/or standards the Planning Commission deems pertinent, conditionally permitted in R-1, R-2, R-3, R-R-3, R-4, R-P, C-1 and C-2 zones. In addition, temporary use is conditionally permitted in zones M-1 and M-2.

95.3.15 SERVICE STATIONS.

(Amended by O-1964; O-2324; O-2711; O-3184)

Service stations conditionally permitted in C-R, C-1, C-2, C-3, C-4 and C-5 zones; no such permit is required in M-1 and M-2 zones. Whether a Conditional Use Permit is or is not required, the development standards applicable to service stations shall be those which are specified in this Section. These development standards will also apply to existing service stations at such time as those existing service stations may come before the City for expansion or remodeling or any other development requiring any permit from the City.

a)    The service station structure and all accompanying structures shall be decoratively treated. Elevations must be compatible with the surrounding area.

b)    Each trash area shall be completely enclosed on all sides with architecturally compatible materials, and shall contain a solid gated opening large enough to accommodate standard size commercial trash bins.

c)    All lighting shall be constructed in such a manner, and provided with reflectors, so that all glare is directed away from surrounding land uses and public rights-of-way.

d)    All signing shall comply with applicable sections of this Code.

e)    Six (6) foot high walls shall be constructed adjacent to residential uses and must decrease in height to front yard so as to be compatible with adjacent land. Said walls shall be constructed of decorative masonry or other substantial decorative material which will withstand the environmental, pedestrian and vehicular contact normally associated with service stations. A planted area adjacent to said walls may serve to partially fulfill the required decorative and protective functions.

f)    A final landscaping plan shall be approved by the Planning Department. Landscaping shall be provided on a minimum of five (5) percent of the surface of the service station site, excluding the building area, and shall include:

1)    A minimum of three (3) foot wide planter adjacent to all curb cuts, public telephone booths and other permanently installed permitted items, and pedestrian access from the street.

2)    A minimum one hundred fifty (150) square foot planter at the intersection of two (2) property lines at a street corner.

3)    Additional planting is encouraged along building facades facing public rights-of-way, as screening material adjacent to restroom doors, and along interior property lines.

4)    Planting shall include a mixture of trees, shrubs, and groundcovers, with all trees to be a minimum of twenty-four (24) inch box in size and shrubs to be a minimum of five (5) gallons in size. All planted areas shall be provided with a permanent irrigation system. All planters shall be a minimum of six (6) inches in height and be constructed of materials compatible with the main structure(s), with the exception that planters in the parkway area need not be raised except as necessary to prevent the flow of injurious liquids into the planted area.

g)    All activities and operations shall be conducted entirely within an enclosed building, except that the following activities and operations shall additionally be permitted outside of a building:

1)    Dispensing of gasoline, oil, air and water from pump islands and sale of related automotive items and services.

2)    Sale of soft drinks, candy and cigarettes sold via dispensers, to be located in a designated area.

3)    The display of not more than ten (10) tires, not more than one (1) windshield wiper display rack, and not more than one (1) closable rack per pump island for additives, and canned lubricating oils.

4)    Emergency service, but not to include major automobile repairs.

5)    Public telephones, provided they are in a location which is visible from the street and accessible on a twenty-four (24) hour basis.

h)    Emergency shut-offs shall be installed per Fire Department standards.

i)    All Code standards of development and operation, and all conditions and limitations made part of the granting of a Conditional Use Permit for a service station by the City, shall be continuously posted within the building in a conspicuous place so all employees can read them.

j)    All gongs and bells for the signal system shall be mounted inside the building and kept as quiet as possible to avoid unnecessary disturbances to adjacent areas.

k)    A minimum of three (3) parking spaces for each service bay shall be provided. All required parking spaces shall be clearly marked and shall meet all City Codes and Standards.

l)    A minimum of two restrooms shall be provided for public use at no cost. Such restrooms shall include toilet facilities and washbasins. One shall be designated for the use of males and one for females. Restroom doors shall be completely screened from public view with architectural and/or landscape materials compatible with the main building. This provision shall apply when an application for a building permit has been filed on or after March 6, 1987, to construct new structures or remodel existing structures on service station premises.

m)    The Planning Commission may review the Conditional Use Permit on a yearly basis for conformance to Code and special requirements, and may terminate the Conditional Use Permit upon the determination that any of these requirements have not been met.

n)    Painting, body and fender repair, and tire recapping are prohibited on the subject property.

o)    The Planning Commission may permit other activities not enumerated or prohibited above, including, but not restricted to, rental of trailers, trucks and other vehicles on the subject property if it determines that:

1)    The activity will not be materially detrimental to the public welfare or to the property or other persons located in the vicinity thereof.

2)    The activity will not substantially interfere with the orderly development of the City as provided for in the Official Land Use Plan.

3)    The activity will not produce or be reasonably anticipated to produce any of the following:

A)    Damage or nuisance from noise, smoke, odor, dust or vibration;

B)    Hazard from explosion, contamination or fire;

C)    Hazard occasioned by the unusual volume or character of traffic or the congregating of a large number of people or vehicles.

p)    Compressed air and water facilities shall be provided for public use at no cost. This provision shall apply when an application for a building permit has been filed on or after March 6, 1987, to construct new structures or remodel existing structures on service station premises. Existing service stations shall comply with this provision by March 6, 1990.

95.3.16 RIDING ACADEMIES AND PUBLIC STABLES.

Riding academies and public stables conditionally permitted in C-1, C-2, C-3, C-4, C-5, M-1 and M-2 zones. Individual requirement for each such use shall be determined by the Planning Commission on the basis of the following criteria:

a)    Standards of density of animals on site area;

b)    Frequency of removing accumulated manure;

c)    Adequate control of dust, noise and odors;

d)    Adequate provisions for insect control;

e)    Adequate drainage of the site;

f)    Adequate off street parking;

g)    Location of the site in relation to surrounding land uses;

h)    Provision of public toilets and sanitary facilities;

i)    Such other criteria as will best serve the planned development needs of the City.

95.3.17 WRECKING YARDS; SALVAGE YARDS.

Wrecking yards, salvage yards and similar uses conditionally permitted in M-2 zone only. Premises used for the wrecking or dismantling of automobiles or other vehicles, salvage yards, scrap yards, junk yards and similar uses. The parking or storage of vehicles to be wrecked or dismantled, or storage of scrap or similar items shall be considered a part of operations covered by this section and subject to all requirements herein. In addition to any other requirements which may be imposed upon the granting of said Conditional Use Permit, the following standards and requirements shall apply, unless otherwise specified and specifically set forth and itemized in said permit:

a)    The premises shall be maintained in a neat and orderly manner.

b)    All improvements shall be maintained in good state of repair.

c)    No burning of combustible material shall be permitted on the premises, unless in accordance with the requirements of the Los Angeles County Air Pollution Control District.

d)    No unsanitary conditions shall be allowed to exist.

e)    All requirements of the Fire Prevention Officer shall be met.

f)    The area shall be entirely enclosed, except for normal gateways for access purposes with a wall or fence. Said wall or fence shall be a uniform height with a minimum of eight (8) feet and shall be constructed of solid materials such as masonry, metal or wood. Such material shall be new or of a quality acceptable to the Planning Commission. Except for masonry walls, all fences shall be painted in uniform neutral color and maintained in a neat and orderly condition.

g)    No automobiles or materials shall be piled higher than the fence.

h)    Paved off street parking facilities shall be provided for customer parking with the number of spaces to be determined by the Planning Commission.

i)    No signs shall be painted on the surface of the walls.

j)    A plot plan drawn to scale shall be filed with the application for a Conditional Use Permit, showing the following:

1)    Dimensions of the entire property;

2)    Dimensions of the enclosed areas;

3)    Location of fences and walls;

4)    Off street parking for customers and employees;

5)    The layout of the area within the enclosures showing storage areas, dismantling areas, access aisles, office location, size of signs.

6)    The name, address and telephone number of the property owner and the name, address and telephone number of the operator, if different from the owner.

95.3.18 EDUCATIONAL INSTITUTIONS.

(Amended by O-2342; O-2819)

Educational institutions shall submit a plot plan to the Planning Commission showing location of all proposed structures on the site, indicating setbacks from surrounding residential properties, parking spaces for employees and students, landscaped areas and relation of playground facilities to surrounding residential uses.

a)    Private schools to and including the 12th grade are conditionally permitted in R-1, R-2, R-3, R-R-3, R-4, A-1 and R-P zones, provided that private religious schools shall be permitted to enlarge existing uses without a Conditional Use Permit with the permission of the City Council, where the Council finds that such enlargement would not be detrimental to surrounding properties.

(Amended by O-1690)

b)    Colleges and universities, private and public, conditionally permitted in all zones except no such permit shall be required in M-1 and M-2 zones.

c)    Trade or training schools conditionally permitted in any zone in which the trade being taught is permitted; provided, however, that no such permit is required in the M-1 and M-2 zones.

95.3.19 DRIVE-IN THEATRES.

Drive-in theatres conditionally permitted in C-3, C4 and C-5 zones; no such permit is required in M-1 and M-2 zones. The following general development standards apply in all cases:

a)    Ingress and egress for any site shall be directly to or from a secondary highway;

b)    In order to minimize traffic congestion, off street standing space or side service road space shall be provided at any entrance between the ticket gates and highway sufficient to accommodate vehicles in such a manner that no blocking of traffic shall occur on a City street;

c)    Any area of the site accessible to vehicles shall be paved in accordance with parking lot improvement standards of the City;

d)    Any picture screen less than five hundred (500) feet from a major or secondary highway shall be so located or shielded so that the picture surface cannot be viewed from such highway within five hundred (500) feet of the screen.

e)    The site shall be enclosed by a wall, solid fence or compact evergreen hedge at least six (6) feet high.

95.3.20 CAR WASH FACILITIES.

(Amended by O-3835)

Car wash facilities are conditionally permitted on lots or parcels of land zoned for car wash uses, and within the C-3, C-4, C-5, M-1, M-2 zones, within the Transitional Commercial/Industrial Sector of the D-T zone, and within the NT (North Torrance), PR (Promenade), and MP (Meadow Park) sub-districts of the HBCSP zone, subject to the development standards specified in this Section. These development standards will also apply to existing car wash facilities at such time as those existing car wash facilities may come before the City for expansion or remodeling or any other development requiring any permit from the City.

a)    Minimum Lot Area. The minimum lot area for car wash facilities shall be one (1) recorded lot or parcel of land not less than twenty thousand (20,000) square feet in area, except for self-service car wash facilities located on the premises of a service station. This requirement shall not apply to the expansion or remodeling of a preexisting car wash facility.

b)    Setbacks. No building or structure for a car wash facility shall be located within twenty (20) feet of any property line. Landscape areas at a width of ten (10) feet shall be provided adjacent to all street frontages. No outdoor equipment, power-driven equipment, steam-cleaning equipment, vacuums, blowers, and other noise emitting equipment shall be located within fifty (50) feet from the property line of a residential use.

c)    Access and Circulation. No more than two (2) driveways shall be permitted on any one (1) street for each development site.

d)    Queuing of Vehicles. Queuing lanes shall be provided to accommodate a minimum of five (5) vehicles per lane. Areas designated for vacuuming and hand drying of vehicles shall be provided. No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, landscape, driveways, or alleys.

e)    Parking. For each lot or parcel of land used for a car wash facility, there shall be provided one (1) parking space for each two hundred (200) square feet of gross floor area, excluding the floor area within car wash tunnels dedicated for conveyor belt operations.

f)    Noise. An acoustical analysis shall be prepared by a professional noise consultant which verifies noise emitting from the car wash use will comply with decibel levels as stated in Chapter 6 of Division 4. No outdoor loudspeakers, sound amplifying equipment, speakers, radios, paging, telephone bells, buzzers, and similar signaling devices shall be permitted.

g)    Hours of Operation. Hours of operation are limited to 7:00 a.m. to 7:30 p.m. daily.

95.3.21 RESTAURANTS.

(Amended by O-2443; O-3202)

a)    Except as provided below, restaurants, cafes and all eating establishments serving prepared food for public consumption, including drive-in and walk-up restaurants are conditionally permitted in C-R, C-1, C-2, C-3, C-4, C-5, M-1 and M-2 zones. Development standards in any case are as follows:

1)    Landscaping and off-street parking shall be provided in compliance with Chapter 3 of this Division.

2)    An automatic dry chemical extinguishing system shall be provided over all cooking areas.

3)    All signs shall be approved by the Environmental Quality Commission.

4)    A roof equipment screening plan shall be submitted for approval of the Planning Commission.

5)    An enclosed trash area shall be provided that is compatible with the structure.

6)    Lighting shall be directed away from any residential uses.

7)    Outside music and public address systems shall conform to the standards established in Chapter 6 of Division 4 of this Code.

8)    A plot plan shall be submitted showing location of buildings and structures, parking layouts, landscaping design and lighting.

9)    Vehicular and pedestrian ingress and egress shall be designed in a manner compatible with the neighborhood in which it is located.

10)    The architecture and general appearance of the building and grounds shall conform to the Design Review standards set out in Article 30 of Chapter 2 of Division 9 of this Code.

11)    Restaurants and eating establishments with on-sale liquor operation, in addition to meeting all requirements of this Section, shall also meet all requirements of Section 95.3.3, entitled "On-sale Liquor Sales Establishments."

b)    In addition to the above-listed development standards, if the following development standards are met, no conditional use permit shall be required:

1)    The food served is either prepackaged, or prepared on the premises without the use of kitchen facilities, and consists of snacks or dessert-type food items, and is incidental to the commercial or industrial uses on the premises; or

2)    The food sold or furnished is packaged for takeout only, and no provision is made on premises for seating, or for food consumption by the public and:

A)    The food preparation does not require any baking, frying or smoking, and produces no smoke or odors beyond the property line; or

B)    If the food preparation involves baking, frying or smoking which does produce smoke or odors, that the food service is not less than three hundred (300) feet from the nearest residence; and

3)    The food service facility is located in a shopping center, or other complex which provides not less than two hundred (200) parking spaces.

95.3.22 RESIDENTIAL USES IN COMMERCIAL ZONES.

(Amended by O-1877; O-1878)

Residential uses conditionally permitted in zones C-1 and C-2.

95.3.23 Repealed by O-2130; O-2194.

95.3.24 AUTOMOBILE, TRUCK, MOTORCYCLE, TRAILER AND BOAT REPAIR FACILITIES.

(Added by O-1964)

Automobile, truck, motorcycle, trailer, and boat repair facilities, including body and fender, painting and upholstery conditionally permitted in C-1, C-2, C-3, C-5 and all manufacturing zones. Development standards in all cases are as follows:

a)    Building elevations must be compatible with surrounding area.

b)    Trash areas shall be completely enclosed with materials compatible in color and texture with the main structure.

c)    Lights shall be directed away from adjacent areas.

d)    All work shall be performed entirely within a building.

e)    No used or discarded parts or equipment shall be located outside of the building except within an enclosed trash storage area.

f)    All damaged or wrecked vehicles or equipment awaiting repair shall be effectively screened so as not to be visible from surrounding property at the same elevation.

g)    No damaged or wrecked vehicles, equipment, boats, trucks, or motorcycles shall be stored for impound or for any other purpose other than repair under a work order, provided, however, that impound yards may be conditionally permitted in the M-1 and M-2 zones.

h)    Premises shall be maintained in a neat and orderly manner and all improvements be maintained in a good state of repair.

i)    No building shall be constructed providing openings, excluding pedestrian access, facing any property line, street or alley, abutting any residential district, residential or school use.

j)    All signing shall comply with applicable sections of this Code.

95.3.25 AUTOMOBILE, TRUCK, MOTORCYCLE, AND TRAILER SALES AGENCIES.

(Added by O-1964)

Automobile, truck, motorcycle, and trailer sales agencies, new and used, conditionally permitted in C-1, C-2, C-3, C-5 and all manufacturing zones. Development standards in all cases are as follows:

a)    Repair or maintenance facilities operated incidental to such use shall comply with standards for repair facilities set forth in Section 95.3.24. of this Code.

b)    A minimum five (5) foot setback shall be provided, excluding buildings on all front and exterior property lines, setback to be sixty (60) percent landscaped and provided with a sprinkler system.

c)    Two (2) percent of lot area, exclusive of buildings, shall be maintained with landscaping and provided with a sprinkler system.

d)    All signing shall comply with applicable sections of this Code.

e)    All lights shall be reflected away from adjacent uses and light standards shall not exceed fifteen (15) feet maximum height.

95.3.26 Repealed by O-2307.

95.3.27 ACCESSORY USES ON COMMERCIAL PARKING LOTS.

(Added by O-2151)

a)    A conditional use permit shall be required for all separate commercial structures containing less than four hundred (400) square feet of gross floor area for accessory uses on commercial parking lots.

b)    The following minimal development standards shall apply to all such uses:

1)    A plot plan should be submitted showing:

A)    Existing structures, the location of off-street parking including aisles and direction of traffic circulation, ingress and egress from streets and highways, with approximate dimensions of each.

B)    Elevation of the proposed structure including materials, color and complete signing.

2)    There shall be more than one (1) access or driveway from a public street onto the parcel on which the proposed use is situated unless the parcel utilizes common off-street parking with adjacent parcels.

3)    Sanitary facilities shall be provided on the same parcel or an adjacent parcel within a radius of one hundred fifty (150) feet of said use; and written evidence shall be filed with the Department of Building and Safety granting consent to the employees of said building to use such facilities.

4)    Such uses shall contain at least one (1) doorway and two (2) windows all capable of being readily opened by employees thereof.

5)    Utilities serving such facilities will be provided underground; and no overhead wires shall be provided to any such structure from any other structure without specific approval of the Planning Commission.

6)    Business hours shall be compatible with adjacent commercial uses.

95.3.28 DWELLINGS EXCEEDING DEVELOPMENT STANDARDS, CONDOMINIUMS.

(Added by O-2386; Amended by O-3217; O-3235; O-3243; O-3245; O-3251)

a)    Multiple residential developments of more than three (3) stories in height or having more than one hundred (100) units, or a density greater than twenty-seven (27) units per acre.

b)    In the R-3 zone, the following shall also be subject to the provisions of this Chapter:

1)    Buildings more than two (2) stories in height;

2)    Developments exceeding a Floor Area Ratio of 0.6 to 1.0.

c)    In the R-2 zone, or in any other zone where two (2) dwellings are being constructed or provided on the same lot or parcel of land, the following shall also be subject to the provisions of this chapter:

1)    Buildings more than two (2) stories in height or more than twenty-seven (27) feet in height;

2)    Developments exceeding a Floor Area Ratio of .65 to 1.0;

3)    Where, in order to preserve an existing dwelling unit already on the property, a request is made for open, uncovered parking spaces, or tandem parking spaces.

95.3.29 COMMERCIAL AND OFFICE STRUCTURES.

(Added by O-2386; Amended by O-3049)

a)    A Conditional Use Permit shall be required for any addition to, or conversion of, any building or structure, or for construction of any building or structure designed for or intended to be used for commercial purposes, including offices, if the building or structure after such addition, conversion or construction meets any of the following criteria:

1)    Is more than two (2) stories or thirty-five (35) feet above grade to the highest projection of the roof; or.

2)    Has a gross floor area of fifteen thousand (15,000) square feet or more; or.

3)    Has a gross floor area to lot area ratio of more than .50 to 1.00.

b)    In considering the Conditional Use Permit application, the decision making body shall consider relevant factors, including but not limited to, access, parking, privacy, light and air, noise, aesthetics, and infrastructure.

95.3.30 ENVIRONMENTALLY SIGNIFICANT MANUFACTURING.

(Added by O-2386)

Any addition to any existing manufacturing use or any new manufacturing facility or equipment that will generate smoke, vibration, dust or noise, or will have any portion of the structure exceeding forty-five (45) feet above grade, or having a floor area of fifteen thousand (15,000) square feet or more, or employing one hundred (100) persons or more.

95.3.31 MANUFACTURING AND STORAGE STRUCTURES.

(Added by O-2449)

a)    An addition to any existing manufacturing or storage facility having a floor area of fifteen thousand (15,000) square feet or more.

b)    Multiple structures having an aggregate floor area of fifteen thousand (15,000) or more square feet which are built within any twelve (12) month period.

c)    Any building or structure designed or which is used for the employment of one hundred (100) or more persons.

d)    Any structure or equipment which will generate smoke, vibration, dust or noise.

e)    A structure any portion of which will exceed forty-five (45) feet in height above grade.

95.3.32 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.

d)    Violation of this Section shall be grounds for the holding of a hearing wherein the occupant of the premises in question shall be required to show cause why the Planning Commission should not revoke any Conditional Use Permit, Waiver, Precise Plan or Variance granted by it.

95.3.33 COMMUNITY SERVICE FACILITIES.

(Added by O-2636)

a)    Community service facilities are those non-governmental entities providing recreational, educational, social and cultural activities for the public. Such facilities may be supported by fees and/or charitable contributions.

b)    Community service facilities are conditionally permitted in all zones except R-1, R-2 and M-2.

95.3.34 ADULT ENTERTAINMENT.

(Added by O-2689)

A Conditional Use Permit shall be required for all of the uses identified in Article 33 of Chapter 2 of this Division, in accordance with the requirements thereof.

95.3.35 BIRD QUARANTINE FACILITY.

(Added by O-2736)

a)    Bird quarantine facilities in compliance with regulations of the U.S. Department of Agriculture are conditionally permitted in the M-2 zone.

b)    In any such facility, the quarantine area shall be completely closed off from all offices and delivery areas, with access while birds are on the premises only through double sided showers wherein employees shall be required to shower before entering the quarantine area, and upon leaving it. The quarantine area shall be cleaned and disinfected after use by each shipment of birds.

c)    The Planning Commission may impose other reasonable conditions.

95.3.36 SECONDARY RECOVERY OIL OPERATIONS.

(Added by O-2744)

a)    Any secondary recovery oil operations as defined in Section 97.13.1.; provided, however, that notice of a hearing therefor shall be given as required by Section 97.13.5

b)    An application therefor shall be accompanied by an opinion of a geologist licensed by the State of California as to whether the proposed operation will result in any subsidence, rebound or other deleterious geological effects, together with recommended mitigating measures.

95.3.37 MULTIPLE OWNER-OCCUPIED RESIDENTIAL STRUCTURES.

(Added by O-2921; Amended by O-2930; O-2933)

A Conditional Use Permit shall be required for the new construction of any multiple ownership residential structure (condominiums, community apartment projects, stock cooperatives, etc.) and for the conversion of existing apartment houses and other buildings to multiple owner-occupied residential structures. (See Article 36, Chapter 1, Division 9, commencing with Section 91.36.1. for the standards, guidelines and rules relating thereto)

95.3.38 COMMERCIAL AND INDUSTRIAL CONDOMINIUMS.

(Added by O-2930; O-2933)

A Conditional Use Permit shall be required for the construction of any condominium or stock cooperative or other similar joint ownership agreement building which is to be used for offices, retail or wholesale stores, shops, manufacturing buildings or other similar exclusively commercial or industrial uses, or for the conversion of any existing structure to such condominium, stock cooperative or other similar joint ownership agreement use.

95.3.39 RESTRICTION ON PARKING SPACE USE.

(Added by O-3006)

A Conditional Use Permit shall be required for the implementation of any restricted parking system designed to charge users of the parking system a fee for such use in excess of any minimum time limits, or for which any card, gate, or guard system is utilized to restrict parking access to parking spaces designated to meet minimum Code requirements.

95.3.40 SUPPLEMENTAL HOUSING FOR ELDERLY.

(Added by O-3073)

Supplemental residence units for the elderly, created by conversion of existing detached single-family residences, are conditionally permitted on lots or parcels of land zoned for single-family or multi-family residences, subject to the following development standards:

1)    Not less than one (1) additional garage shall be provided on the same lot or parcel of land

2)    The single-family residence to which the supplemental residence unit is added shall be owner occupied.

3)    The said supplemental residence unit shall be occupied by not more than two (2) persons, one of whom must be not less than sixty (60) years of age, and one of whom must be related by blood or marriage to the owner occupant of the primary single-family residence.

4)    The entire property, including the supplemental residence unit, must meet all requirements of this Division, such as set back, lot coverage, height and bulk, based on the criteria found in the R-1 zone.

5)    The owner shall submit annually to the City a declaration under penalty of perjury, on forms to be furnished by the City, that the said supplemental residence unit is occupied by a person (or persons) over the age of sixty (60), and related by blood or marriage to the said owner. In the event of sale of the property or foreclosure by a holder of a mortgage, the new owner or mortgagee shall have one (1) year from the time of such sale or foreclosure to meet the terms and conditions of this Section, or to convert the supplemental residence unit back into the single-family residence.

6)    Prior to the occupancy of the supplemental residence unit, the owner will record with the County Recorder of the County of Los Angeles County, on a form approved by the City Attorney, a covenant and agreement, running with the land, restricting the use and occupancy of the supplemental residence unit to conform with the provisions of this Section.

7)    The supplemental residence unit shall be designed and constructed in such a manner that primary access is from the interior of the main residence; and that the entire structure can be converted back into a single-family residence with minimal expense and construction. The design shall be compatible with the design of the primary single-family residence.

8)    The lot or parcel of land upon which the primary residence and the supplemental residence unit are located shall be not less than six thousand (6000) square feet in area.

9)    The Planning Commission must find that the addition of the supplemental residence unit will not have an adverse impact on the sewer, water or storm drainage systems, and will not significantly add traffic or parking impacts to the neighborhood streets, either singly or cumulatively.

10)    The supplemental residence unit shall contain not less than four hundred and fifty (450) square feet of floor area.

11)    The supplemental residence unit shall not be sold but must be provided as a rental, or rent free, to the occupants.

12)    In the event the supplemental residence unit is to be located in a zone or area which requires a Precise Plan for development on the lot or parcel of land, the Precise Plan process shall be utilized in place of and instead of a Conditional Use Permit; provided, however, that the development standards found in this Section shall be considered in the Precise Plan review.

95.3.41 HOTELS AND MOTELS.

(Added by O-3179; Amended by O-3197)

Hotels and motels are conditionally permitted in the C-2, C-3, and C-5 zones. (Hotels and motels are also permitted where allowed under the redevelopment plan for the project area in which such lot or parcel of land is situated.) Hotel and motel development shall be subject to all applicable City Ordinances, standards and other conditions which the approval authority deems pertinent. In addition, the following guidelines shall be considered in the approval process:

a)    Whether the minimum lot frontage is at least one hundred (100) feet with not less than a twenty (20) foot front setback;

b)    Whether twenty (20) percent of the total lot area is open as permanently maintained landscaping;

c)    Whether a parking demand study has been prepared by a traffic engineer;

d)    Whether a market analysis has been prepared by a qualified consultant;

e)    Whether affiliation with a recognized hotel or motel organization has been confirmed.

95.3.42 RECYCLING FACILITIES.

(Added by O-3214)

a)    Intent and Purpose. The intent and purpose of these regulations is to meet the requirements of the State Beverage Container Recycling and Litter Reduction Act of 1986; to meet community recycling needs; and to ensure the compatibility of recycling facilities with surrounding uses for the protection of the health, safety and general welfare of the City of Torrance and its residents.

b)    Definitions.

1)    "Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. "Recyclable material" does not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

2)    A "recycling facility" means a center for the collection and/or processing of recyclable materials. A "certified recycling facility" or "certified processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A "recycling facility" does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by the residential property, business or manufacturer. "Recycling facilities" may include small collection facilities, large collection facilities or processing facilities.

3)    "Collection facility" means a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated below. Collection facilities may include small collection facilities or large collection facilities.

4)    "Small collection facilities" means facilities which occupy an area of not more than five hundred (500) square feet, and may include a mobile unit; bulk reverse vending machines or a grouping of reverse vending machines cumulatively occupying more than fifty (50) square feet per site; kiosk type units which may include permanent structures; unattended containers placed for the donation of recyclable materials.

5)    "Large collection facilities" means those facilities which occupy an area of more than five hundred (500) square feet and may include permanent structures.

6)    "Processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. "Processing facilities" include light processing facilities and heavy processing facilities.

7)    "Light processing facility" means a facility which occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A "light processing facility" shall not shred, compact or bale ferrous metals or other food and beverage containers.

8)    "Heavy processing facility" means any processing facility other than a light processing facility.

9)    "Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A "mobile recycling unit" also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

c)    No person shall permit the placement, construction or operation of any recycling facility with the exception of reverse vending machines, without first obtaining a permit pursuant to the standards set forth in this Section. Table 95.3.42 sets forth the type of permit required and zones permitted for various types of recycling facilities.

Table 95.3.42

Type of Facility

Zones Permitted

Permit

Reverse vending machines

All except residential

Admin.

Small collection

C1, C2, C3, C4, C5, CR, M-L, M1, M2, and other zones with CUP

Conditional Use Permit.

Large collection

M-L, M1, M2

Conditional Use Permit.

Processing

M1, M2

Conditional Use Permit.

d)    Criteria and Standards. Those recycling facilities permitted with an administrative permit shall meet all of the applicable criteria and standards listed in Section 35.13.1. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards, and the Planning Director or Planning Commission may impose additional conditions upon a finding that such modifications are reasonably necessary in order to implement the general intent of this Section and the purposes of this Title.

The criteria and standards for recycling facilities are as follows:

1)    Small Collection Facilities. Small collection facilities are conditionally permitted in C1, C2, C3, C4, C5, CR, M-L, M1, M2 and other zones with a conditional use permit. In addition to other requirements which may be imposed upon the granting of such conditional use permit, the following standards and requirements shall apply to small collection facilities; provided, however, that small collection facilities which need to be in place prior to January 1, 1988, to comply with State law may be administratively approved pursuant to their subsequent compliance with the standards below:

A)    Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Torrance;

B)    Shall be no larger than five hundred (500) square feet;

C)    Shall not reduce available parking spaces below the minimum number required for the primary host use;

D)    Shall be set back at least ten (10) feet from any street line and shall not obstruct pedestrian or vehicular circulation;

E)    Shall accept only glass, metals, plastic containers, papers and reusable items;

F)    Shall use no power-driven processing equipment except for reverse vending machines;

G)    Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

H)    Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

I)    Shall be maintained free of litter, liquid residue and any other undesirable materials, and mobile facilities shall be swept at the end of each collection day;

J)    Shall not exceed noise levels of fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed sixty (60) dBA at the nearest property line of subject site;

K)    Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

L)    Containers for the twenty-four (24) hour donation of materials shall be at least one hundred fifty (150) feet from any property zoned or occupied for residential use provided there is a recognized service corridor and acoustical shielding between the containers and the residential use; all other containers for the twenty-four (24) hour donation of materials, including those with no acoustical shielding between the containers and residential uses, shall be at least three hundred (300) feet from any property zoned or occupied for residential use;

M)    Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

N)    Signs may be provided as follows:

i)    Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is smaller in addition to informational signs required in Subsection (d)(1)(M) of this Section. In the case of a wheeled facility, the side will be measured from the pavement to the top of the container,.

ii)    Signs must be consistent with the character of the location;

iii)    Directional signs, bearing no advertising message, may be installed with the approval of the Building and Safety Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

O)    The facility shall not impair the landscaping required for any concurrent use by this Title or any permit issued pursuant thereto;

P)    No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

Q)    If the permit expires without renewal, the collection facility shall be removed from the site on the date following license expiration.

2)    Large Collection Facility. A large collection facility is one that is larger than five hundred (500) square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building, large collection facilities are conditionally permitted in the M-L, M1 and M2 zones. In addition to any other requirements which may be imposed upon the granting of such conditional use permit, the following standards and requirements shall apply to large collection facilities:

A)    The facility shall not abut a property zoned for residential use;

B)    The facility shall be screened from the public right-of-way by operating in an enclosed building or shall be within an area enclosed by an opaque fence at least six (6) feet in height with landscaping and must be located at least one hundred fifty (150) feet from property zoned for residential use;

C)    The facility shall meet all applicable noise standards in this Chapter;

D)    Setbacks and landscape requirements shall be those provided for the base zone;

E)    All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition, or may be baled and palletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

F)    Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

G)    Space shall be provided for customers to circulate, park and deposit recyclable materials. Space shall be provided on-site for six (6) vehicles or the anticipated peak customer load, whichever is greater. Parking space sizes, aisle widths and other areas designed for vehicle use shall meet all applicable standards listed in Sections 93.4.1 through 93.4.25 inclusive;

H)    One (1) parking space shall be provided for each commercial vehicle operated by the recycling facility and one (1) parking space shall be required for each employee on the largest shift;

I)    Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed sixty (60) dBA;

J)    If the facility is located within five hundred (500) feet of property zoned for or occupied by a residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

K)    Any containers provided for after-hours donation of recyclable materials will be at least one hundred fifty (150) feet from any property zoned for or occupied by a residential use provided there is acoustical shielding from any residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers for after-hours donation of recyclable material with no acoustical shielding from residential uses shall be located at least three hundred (300) feet from such residential uses.

L)    Donation areas will be kept free from litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

M)    The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Directional signs bearing no advertising message, may be installed with the approval of the Planning Commission if necessary, to facilitate traffic circulation of if the facility is not visible from the public right-of-way;

N)    Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the conditional use permit process by the Planning Commission subject to meeting noise and all other applicable standards in this Section.

3)    Processing Facilities. Light processing facilities are conditionally permitted in the M1 and M2 Zones. In addition to any other requirements which may be imposed upon the granting of such conditional use permit, the following standards and conditions shall apply to light processing facilities:

A)    Facility does not abut a property zoned for or occupied by a residential use;

B)    The processor shall operate in a wholly enclosed building except:

i)    Within an area enclosed on all sides by a solid masonry wall not less than eight (8) feet in height and landscaped on all street frontages;

ii)    Located at least one hundred fifty (150) feet from property zoned for or occupied by a residential use;

C)    Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

D)    A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

E)    A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

F)    Setbacks and landscaping requirements shall be those provided for in the M1 and M2 Zones;

G)    All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or may be baled or palletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

H)    Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

I)    Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten (10) customers or the peak load, whichever is greater;

J)    One (1) parking space shall be provided for each commercial vehicle operated by the processing center and one (1) parking space shall be required for each employee on the largest shift;

K)    Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed sixty (60) dBA;

L)    If the facility is located within five hundred (500) feet of property zoned for or occupied by a residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open;

M)    Any containers provided for after-hours donation of recyclable materials shall be at least one hundred fifty (150) feet from any property zoned for or occupied by a residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

N)    Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;

O)    The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Directional signs, bearing no advertising message, may be installed with the approval of the Planning Commission if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

P)    No dust, fumes, smoke, vibration or odor may be detectable on neighboring properties.

95.3.43 GASOLINE STATIONS SELLING ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.

(Added by O-3247)

a)    A conditional use permit shall be required for the sale of beer and wine at gasoline service stations for off-premises consumption.

b)    "Gasoline service station" shall mean any business which sells, vends or distributes motor vehicle fuel, alone or in conjunction with any other land use.

c)    Any conditional use permit issued pursuant to the provisions of this section shall become void, and any use of premises for off-sale beer and wine sales establishment shall terminate, where such establishment shall have ceased the sale of beer and wine by reason of the termination or revocation of the State off-sale beer and wine license therefor or the suspension by the State of sales thereunder for a period of ninety (90) or more calendar days.

d)    No conditional use permit shall be granted unless all of the following conditions shall be satisfied:

1)    Only beer and wine, not hard liquor, may be sold.

2)    The minimum enclosed retail sales area for store products shall be one thousand (1,000) square feet.

3)    The minimum inventory level shall be Ten Thousand Dollars ($10,000.00) retail value excluding beer, wine, fuel and automotive products.

4)    The maximum percentage of beer and wine sales to total store sales shall be thirty-five (35) percent on a retail basis during any calendar quarter.

5)    No displays of beer and wine shall be located within five (5) feet of the store’s entrance or cash register.

6)    Cold beer or wine shall only be sold from, or displayed in, the main permanently affixed electrical coolers.

7)    No beer or wine advertising shall be located on gasoline islands, and no lighted advertising for beer or wine shall be located on buildings or in windows.

8)    No sales of beer or wine shall be made from a drive-in window.

9)    Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. must be at least twenty-one (21) years of age to sell beer and wine.

10)    No video or other electronic games shall be allowed on the premises.

e)    The proposed gasoline station selling beer and wine for off-premises consumption shall be a minimum of three hundred (300) feet from existing off-sale liquor establishments, unless the applicant can demonstrate to the reasonable satisfaction of the Planning Commission that:

1)    The proposed off-sale beer and wine sales are a necessary adjunct to the business; and

2)    A need exists for additional off-sale beer and wine premises at the location proposed by the applicant.

f)    This section shall apply to all gasoline service stations seeking to sell beer and wine for off-premises consumption as part of their normal business after January 19, 1989. Any gasoline service station selling beer and wine for off-premises consumption operating prior to January 19, 1989 shall be exempt from the provisions of this section.

g)    The filing of the application for a Conditional Use Permit shall be governed by Section 95.2.1 of this Code. The procedures for notice of a hearing, conduct of a hearing, and opportunities for all parties to present testimony shall be governed by Section 95.2.2 of this Code.

h)    The decision of the Planning Commission shall be issued in conformance with the procedures set forth in Section 95.2.3 of the Torrance Municipal Code. In addition to those procedures, the Planning Commission shall issue written findings upon its decision to grant or deny a Conditional Use Permit. Such findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision.

i)    The decision of the Planning Commission may be appealed to the City Council pursuant to Section 95.2.4 and the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1

95.3.44 COURT FACILITIES.

(Added by O-3287)

Courts and court facilities are conditionally permitted in zones C-1, C-2, C-5, M-1, M-2 and M-L. For purposes of this section, the terms "courts" and "court facilities" shall mean all those buildings or structures constructed by (or for) the County of Los Angeles, the State of California, or the United States of America for the purpose of providing offices for judges, court personnel or attorneys for the County, State or Federal Government, or public defenders, or for the purpose of providing court or hearing rooms, prisoner holding facilities or record keeping facilities for municipal, superior or federal court clerks. Also included is any privately-owned building or structure leased, rented or offered for sale to the County of Los Angeles, the State of California, or the United States for such purposes, or for use by private individuals where arbitration hearings or rent-a-judge proceedings will be conducted in lieu of use of court facilities provided by the County, State or Federal Government.

Such courts or court facilities shall be permitted subject to all applicable City ordinances, standards or other conditions which the approving authority deems necessary. In addition, the following guidelines shall be considered in the approval process:

a)    Proximity of the courts or court facilities to residential uses;

b)    Compatibility with adjacent land uses;

c)    Traffic impact;

d)    That the actual number of off-street parking spaces shall be calculated on a site-by-site basis taking into account the number of offices, the number or size of prisoner holding facilities, the number of court or hearing rooms, and the number or size of record keeping facilities, provided that the base upon which the number is calculated shall vary from that provided in Section 93.2.41

95.3.45 SENIOR CITIZEN HOUSING.

(Added by O-3365)

a)    Multiple family housing units restricted to senior citizens, and which meet both state and federal requirements for senior citizen housing, shall be conditionally permitted in all residential and commercial zones with the exception of the R-1 and R-2 zones. Senior Citizen Housing shall be subject to the following development standards:

1)    Prior to occupancy, a covenant and agreement, running with the land, shall be recorded with the County Record of the County of Los Angeles, on a form approved by the City Attorney, restricting the use and occupancy of the housing units to senior citizens.

2)    There must be a minimum of seven hundred fifty (750) square feet of land area per dwelling unit.

3)    The following minimum unit sizes shall be applicable:

A)    Bachelor unit: three hundred fifty (350) square feet;

B)    One (1) bedroom: five hundred (500) square feet;

C)    Two (2) bedroom: seven hundred (700) square feet.

4)    Minimum open space shall be two hundred (200) square feet per unit.

5)    The following ancillary uses may be permitted as a part of the Senior Citizen Project:

A)    Centralized laundry facilities;

B)    Recreation rooms;

C)    Central cooking facilities and dining area;

D)    Small pharmacy, beauty shop and barber shop.

6)    Front, side and rear setbacks shall be the same as the R-3 zone, but may be required to be greater by the Planning Commission, or City Council on appeal.

b)    In addition to the development standards contained in this Section, the Planning Commission shall consider the following in making their determination whether to deny, approve, or approve subject to conditions, a senior citizen housing project:

1)    The location of the project, considering the proximity to shopping, services, and public transportation;

2)    The compatibility of the development in scale and character with surrounding land uses;

3)    The F.A.R. and height, considering the zone in which the project is located and the compatibility with the neighborhood.

95.3.46 CHILD DAY CARE CENTERS.

(Added by O-3453)

a)    Child day care centers are permitted as a conditional use in conjunction with churches and schools only in the R-1, R-2, R-3, R-R-3, R-P and R-5 zones subject to the following provisions:

1)    Licensing. Prior to occupancy of the child day care center, proof of an operating license from the State Department of Social Services will be submitted to the Planning Director.

2)    Indoor/Outdoor Activity Space Requirements. Center must meet minimum State requirements for the indoor and outdoor activity space:

A)    There will be at least seventy-five (75) square feet of outdoor activity space per child; and

B)    There will be at least thirty-five (35) square feet of indoor activity space per child;

C)    (Reference State manual of policies and procedures for child day care centers for current requirements and further details.)

3)    Off-Street Parking. A child day care center will be subject to the parking standards set forth in Article 2 (Use and Parking Spaces Required) and Article 4 (Standards of Development for Commercial and Industrial Parking Areas) of Chapter 3, Division 9 of the Torrance Municipal Code.

4)    Noise. In order to reduce noise impacts from the operation of the child day care center, all open space areas used for child play purposes must be located within the rear yard of the property and will be enclosed with a six (6) foot high wall or fence which conforms to the requirements of Chapter 2, Article 13, Section 92.13.1

A)    Play structures will be located away from adjacent residential uses;

B)    In addition, the operation of a child day care center must comply with Article 7, General Noise Regulations, of Division 4, Chapter 6 of the Torrance Municipal Code.

b)    Child day care centers are conditionally permitted in the R-4 zone subject to the following provisions:

1)    General Provisions. The child day care center will comply with all required property development standards for the zoning district in which it is located.

2)    Licensing. Prior to occupancy of the child day care center, proof of an operating license from the State Department of Social Services must be submitted to the Planning Director.

3)    Indoor/Outdoor Activity Space Requirements. Center must meet minimum State requirements for indoor and outdoor activity space:

A)    There will be at least seventy-five (75) square feet of outdoor activity space per child; and

B)    There will be at least thirty-five (35) square feet of indoor activity space per child;

C)    (Reference State manual of policies and procedures for child day care centers for current requirements and further details.)

4)    Off-Street Parking. A child day care center will be subject to the parking standards set forth in Article 2 (Use and Parking Spaces Required) and Article 4 (Standards of Development for Commercial and Industrial Parking Areas) of Chapter 3, Division 9 of the Torrance Municipal Code.

5)    Noise. In order to reduce noise impacts from the operation of the child day care center, all open space areas used for child play purposes must be located within the rear yard of the property and must be enclosed with a six (6) foot high solid wall or fence (no chain link is permitted) which conforms to the requirements of Chapter 2, Article 13, Section 92.13.1

A)    Play structures will be located away from adjacent residential uses;

B)    In addition, the operation of a child day care center will comply with Article 7, General Noise Regulations, of Division 4, Chapter 6 of the Torrance Municipal Code.

95.3.47 BODY ART FACILITIES.

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

(a)    Body art facilities are conditionally permitted uses in the C-1, C-2, C-3, C-4, C-5, HMD, the Hawthorne Boulevard Corridor Specific Plan districts, PD zones which allow commercial and industrial uses, the former Downtown, Industrial, Meadow Park and Skypark Redevelopment Project areas, M-L, M-1 and M-2 zones. However, it is unlawful to establish a body art facility within three hundred (300) feet of a public or private school offering kindergarten, elementary, and/or secondary academic instruction, within three hundred (300) feet of a residential use, or within one thousand (1,000) feet of another body art facility as defined by the Torrance Municipal Code. Distances are measured from the property line of the body art facility to the property line of the school, the residential use, or other body art facility.

(b)    Body art facilities are prohibited from operating between the hours of 10:00 p.m. and 10:00 a.m.

(c)    This section shall not apply to the application of permanent cosmetics or cosmetic reconstruction if the same is applied by a licensed practitioner of the healing arts in the course of his/her practice, or a licensed cosmetician or licensed electrologist as defined in the California Business and Professions Code who has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic reconstruction.

(d)    The applicant shall submit evidence of compliance with AB 300 (Health and Safety Code Section 119300 et seq.), including but not limited to a permit for the proposed body art facility from the Los Angeles County Department of Health Services at the time application for the conditional use permit is made to the City of Torrance.

ARTICLE 4 - EXEMPTION FROM HEARING

(Added by O-1753)

95.4.1 AUTHORITY TO GRANT EXEMPTION.

(Amended by O-1803; O-1922; O-1999; O-2000)

a)    Notwithstanding any provision of this Chapter to the contrary, no conditional use permit shall be required in any case wherein the Planning Commission determines that:

1)    The existing use is to be enlarged or improved; and

2)    Such enlargement or improvement is the only change to be effected in the existing use; and

3)    The use is permitted by conditional use permit in the zone in which the subject property is located;

4)    In its opinion:

A)    Such change will not be detrimental to the neighborhood; and

B)    The petitioner would suffer irreparable harm if required to process his petition in accordance with the provisions of Article 2 of this Chapter 5.

b)    The Planning Commission may make such determination without holding a public hearing thereon.

c)    The Planning Commission may grant such exemption subject to the performance of such conditions as it deems necessary or desirable for the best interests of the City.

95.4.2 APPEAL TO COUNCIL.

(Added by O-1999; O-2000)

a)    The decision of the Planning Commission shall be appealable to the City Council in the same manner as provided in Article 2 of this Chapter 5 for appeals from a decision of the Commission on an application for conditional use permit; provided, however, that the City Council need not, but in its discretion may, hold a public hearing thereon.

b)    In the event that the City Council elects to hold a hearing on such appeal, the hearing shall be held in accordance with the provisions of Section 95.2.5. of this Code.

95.4.3 APPLICATION FEE.

(Added by O-1999; O-2000; O-3138)

An application for an exemption from the requirements for a conditional use permit shall be filed with the Planning Director and shall be accompanied by a fee of One Hundred Dollars ($100.00) to cover the cost of processing the application; provided, however, that the fee may be waived by the City Manager or his nominee upon a finding that the applicant has been required to dedicate ten thousand (10,000) or more square feet of the subject property for use as a major city street or that the applicant is subsidized by the City. The applicant may appeal a refusal to waive the fee to the City Council within ten (10) days of the refusal.