CHAPTER 4 - VARIANCES

Whenever practical difficulties and unnecessary hardships result from the strict enforcement of the provisions of this Division relating to the use of land, variances therefrom may be granted by the City Council in accordance with the procedure hereinafter set forth.

SECTION 94.1.2. INITIATION OF PROCEEDINGS.

(Amended by O-1857)

a) Proceedings for a variance may be initiated by application of any owner, lessee or other person having the right of possession to the land sought to be rezoned Whenever such application is made by a person having less than the fee simple title to the land, the Planning Commission shall require that the holders of the reversionary or remainder interests consent thereto in writing. A mortgagee, trustee under a deed of trust, or purchaser under a contract of said sale shall not be considered to be the owner of the fee simple title to the land

b) Such application shall be filed with the Planning Director accompanied by a fee as provided in Chapter 9 of this Division and shall include such information as is prescribed by the Planning Director or Commission.

SECTION 94.1.3. PUBLIC HEARING.

Upon receipt of the application, the secretary of the Planning Commission shall set a date, time and place for a public hearing thereon before the Planning Commission 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 variance is sought, as shown on the last equalized assessment roll. The Planning Commission may conduct the 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 an announcement by the Commission of the date, time and place of such adjourned meeting.

SECTION 94.1.4. RECOMMENDATION OF THE PLANNING COMMISSION.

(Amended by O-1857)

a) After the conclusion of said hearing, the Planning Commission shall recommend approval or denial of the application for a variance. It may further recommend that the Council, in the event the Council grants the variance, impose thereon such conditions as the Commission may deem desirable to effectuate the purpose of this Article and the best interests of the City. It shall send its written recommendation and record of proceedings to the City Council. In the event the Commission shall fail to make its decision within sixty (60) days after the close of said hearing, the City Council shall be authorized to act upon the application the same as if the Commission had recommended a denial of the proposed variance.

b) The Commission may reconsider its recommendation approving or denying the application at the next regular meeting after the meeting at which its decision was made, and set and hold a new public hearing thereon in the manner provided in Section 94.1.3. to approve or deny the application or rescind and reverse such recommendation. Such reconsidered recommendation shall not be subject again to reconsideration.

SECTION 94.1.5. CRITERIA FOR GRANTING.

(Amended by O-1894)
A variance may be granted by the City Council if in the judgment of the City Council:

a) There are practical difficulties or unnecessary hardships resulting from the strict enforcement of this Division.

b) If it will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof.

c) If it will not substantially interfere with the orderly development of the City as provided for in the Official Land Use Plan.

SECTION 94.1.6. HEARING AND DECISION OF CITY COUNCIL.

(Amended by O-1857)

a) After the Planning Commission has made its recommendation the Planning Director shall set a date, time and place for a public hearing thereon before the City Council. Notice thereof shall be set and the hearing conducted and adjourned in the manner provided in Section 94.1.3.

b) If the variance is granted, the Council may impose such conditions thereon as the Council may deem desirable to effectuate the purpose of the Official Land Use Plan and the best interest of the City. The variance shall not become effective until the passage of a written resolution of the Council granting the variance. Prior to the passage of such resolution, the Council may reconsider its decision and set and hold a new public hearing thereon in the manner provided in Section 94.1.2. Thereafter the Council shall grant or deny the variance, but such reconsidered decision shall not be subject again to reconsideration.

c) If the variance is denied, the Council may reconsider its decision at either of its next two (2) regular meetings, and set and hold a new public hearing thereon in the manner provided in Section 94.1.2. Thereafter the Council may grant or deny the variance, but such reconsidered decision shall not be subject again to reconsideration. A variance so granted shall not become effective until the passage of a written resolution granting the variance.

SECTION 94.1.7. TERM OF VARIANCE.

(Amended by O-1857)
If the term for which the variance is granted is not expressly stated in the resolution granting the variance, the variance shall be deemed to have been granted for a period of twenty (20) years from and after the date of the passage of the resolution.

SECTION 94.1.8. TERMINATION AND REVOCATION.

(Amended by O-1153)

a) Every variance issued after January 1, 1960, shall terminate and become void unless the grantee shall commence the use authorized by such variance or commence the construction of any improvements necessary and incident thereto on or before the time limit specified in such variance, or in any extension thereof, and thereafter diligently proceed to complete such improvements, or if no time is specified, on or before one hundred eighty (180) days after the date such variance was granted by the City Council.

b) Every variance issued before January 1, 1960, shall terminate and become void on such date unless the grantee shall have commenced the use authorized by such variance or have commenced the construction of any improvements necessary and incident thereto on or before one (1) year after the date such variance was granted or any extension thereof, unless an extension of time therefor is granted by the City Council.

c) The City Council, on recommendation of the Planning Commission for good cause shown, may extend the time limit specified in any variance granted either before or after January 1, 1960.

d) It shall be an implied condition of all variances heretofore granted, and of those which shall hereafter be granted, that upon the breach of any of the conditions of the variance by the grantee or by the grantee’s representatives, successors or assigns, that the City Council, after hearing thereon, may revoke the variance. Notice of the hearing shall be given at least five (5) days before the hearing by registered mail or personal service to the owner of the property for which the variance was granted as shown on the last equalized assessment roll. Upon revocation, the property on which the variance was granted shall revert automatically to the class of district (zone) which it occupied immediately prior to the time the variance was granted.

SECTION 94.1.9. TERM OF PREVIOUSLY GRANTED VARIANCES.

Variance, as used hereafter in this Article, shall mean and include all variances, conditional use permits and any other exception to the Land Use Ordinance of the City, granted by the City Council or the Planning Commission of the City, other than changes of zone and waivers of yard, lot area and court requirements.

a) The term of all variances, unless otherwise expressly provided in the grant thereof, shall expire and the variance shall be void on or after the dates as hereinafter set forth:

1) Where the property is unimproved, January 1, 1959;

2) Where the property is unimproved, except structures for which permits are not required by the Building Code of the City of Torrance, January 1, 1961;

3) Outdoor advertising signs, January 1, 1960.

b) Such exception shall be effective on the following types of structures until January 1, 1968, and for such longer time so that the total life of the improvement from date of construction will be:

1) Type IV or V building (light incombustible frame and wood frame)

A) Flats, apartments and double bungalows - thirty (30) years;

B) Other dwellings - thirty-five (35) years;

C) Stores and factories - twenty-five (25) years.

2) Type II or Type III buildings (heavy timber construction and ordinary masonry)

A) Apartments, offices, hotels, residences, stores below apartments above forty (40) years;

B) Stores below, hotels or offices above - forty (40) years;

C) Warehouses, stores, garages, lofts - forty (40) years;

D) Factories and industrial - fifty (50) years.

3) Type I buildings (fire resistive)

A) Apartments and residences - fifty (50) years;

B) Offices and hotels - fifty-five (55) years;

C) Theatres - sixty (60) years;

D) Industrial - forty (40) years.

4) Notwithstanding the provisions of Section 92.22.2 (b) of Article 22 of Chapter 2 of this Division, the prior provisions of this Article, or any other provisions of this Division, a variance for agricultural uses shall be effective only until January 1, 1963.

SECTION 94.1.10. PROCEDURE FOR ESTABLISHMENT OF TERMS OF VARIANCES.

a) On or before July 1, 1958, or as soon thereafter as practicable, the Planning Director of the City shall complete a survey of all variances in the City. He shall report such completion to the Planning Commission, which Commission shall hold a public hearing thereon not more than sixty (60) days following such report of completion, or as soon thereafter as practicable. The Planning Director shall publish a notice of such hearing together with a list of all such properties by legal description as shown on the last assessment roll of the County Assessor of Los Angeles County and the dates on which, in his opinion, the variance shall terminate as provided in Section 94.1.9. of this Article. Said notice shall be published at least once in a newspaper of general circulation in the City at least ten (10) days prior to the date of said hearing. The Planning Director shall also send, by registered mail, to the owners of each such property as shown on said assessment roll, a statement of the results of said survey insofar as it is applicable to such owners.

b) After holding said public hearing, the Planning Commission shall make recommendation to the Council as to the expiration date of the term of the variance of each parcel of land included in said survey. The recommendation of the Commission shall be transmitted to the City Council.

c) After the receipt of said recommendation, the City Council shall hold a public hearing on the parcels included in said survey. The notice of the time, date and place of such hearing shall be published in a newspaper of general circulation in the City at least ten (10) days prior to such hearing. At the conclusion of the hearing, the City Council shall make findings as to the expiration date of the term of the variance on each parcel of land included in said survey. The findings of the Council shall be published at least once in a newspaper of general circulation in the City of Torrance, and shall be sent by registered mail to the owner of each said parcel insofar as the findings are applicable to such owner. For the purposes of this Article, such findings thereafter shall be final and conclusive.

d) Notwithstanding the above provisions of this Section, the City Council or the Planning Commission on its own motion, or upon the petition of any owner of property in the City, may find and determine that a variance exists on property in the City and the applicable term thereof. Such finding and determination shall be made by the City Council upon recommendation of the Planning Commission after the giving of notice and the conduct of the hearing in the manner set forth above in this Section.

SECTION 94.1.11. RESTRICTION ON IMPROVEMENT.

Notwithstanding the other provisions of this Article, property for which a variance has been granted shall be used subject to the following conditions:

a) That if the use of such variance is discontinued, the use of such land thereafter shall be subject to the provisions of this Division.

b) That no building thereon shall be added to, structurally altered or enlarged in any manner, except as required by other provisions of “The Torrance Municipal Code” or ordinances of the County of Los Angeles, or by State law, or in order to bring the building and its use into conformity with the provisions of this Division pertaining to buildings hereafter constructed.

c) That the area of such property used for the purposes for which the variance was granted shall not be enlarged or extended.

SECTION 94.1.12. EXTENSION OF VARIANCE.

The term of a variance may be extended if the City Council finds that the nature of the improvements on the land for which the variance was granted is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property.

SECTION 94.1.13. REFUSE DUMPS.

(Added by O-1921)
Notwithstanding any other provision of this Code to the contrary, an application for a variance to operate a refuse or sewage disposal plant, a refuse dump, or to relocate a refuse dump shall not 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.

ARTICLE 2 - WAIVERS AND THE PROCEDURE THEREFOR (Amended by O-896; O-1509; O-1803; O-2397; O-2571)

SECTION 94.2.1. SCOPE OF WAIVERS.

(Amended by O-2571)

a) The Planning Commission may grant waivers of the provisions of this Division relating to the following restrictions: front, rear, and side yard requirements, court requirements, building height and distances between buildings.

b) The Planning Commission may grant waivers of the provisions in Section 91.2.24. of this Code defining a family and of the provisions of Section 92.2.6. of this Code relating to room rentals.

SECTION 94.2.2. FILING OF APPLICATION.

(Amended by O-1803)
Any owner, lessee or other person having the right to possession of land may apply for the granting of a waiver which affects his land. Whenever the application is made by a person having less than the fee simple title to the land, the Planning Commission or the City Council may require that the holders of the reversionary or remainder interest consent thereto in writing. Such application shall be filed with the Planning Director and shall be accompanied by a fee as provided for in Section 99.1.5. to cover the costs of the servicing of the application and shall include such information as is prescribed by the Planning Commission.

SECTION 94.2.3. HEARINGS.

The Planning Commission and the City Council may render a decision without having conducted a public hearing thereon; provided, however, that any such public hearing shall be set by the Planning Director and conducted in the manner provided in Section 94.1.3. of Article 1 of this Chapter.

SECTION 94.2.4. CRITERIA FOR GRANTING.

(Amended by O-2571)
A waiver may be granted if, in the judgment of the Planning Commission or the City Council:

a) Unreasonable difficulties will result from the strict enforcement of this Division;

b) It will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof; and

c) It will not substantially interfere with the orderly development of the City as provided for in this Division.

SECTION 94.2.5. DECISION OF PLANNING COMMISSION.

The Planning Commission shall deny the application or grant the waiver in whole or in part as applied for. If the waiver is granted, the Planning Commission may impose thereon such conditions as it may deem desirable to effectuate the purposes of this Division and the best interest of the City.

SECTION 94.2.6. RIGHT OF APPEAL.

(Amended by O-1803; O-2397; O-2822)
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.

SECTION 94.2.7. FAMILY AND ROOM RENTAL WAIVERS.

(Added by O-2571)

a) Upon receipt of a request for a waiver of the provisions of Section 91.2.6. or 91.2.24. of this Code, the Planning Director shall notify the owners of the five (5) properties in a row next adjacent to and on each side of the property for which the request has been made, and the ten (10) properties on a line facing and across the street from the property, and the ten (10) properties to the rear of the property in question and most nearly parallel to the original line of properties, but not to exceed three hundred (300) feet in any direction.

b) The Planning Director may grant requests for waiver of the provisions of Sections 91.2.6. and 91.2.24. of this Code where no protest is received, after issuance of such notice, and where the criteria of Section 94.2.4. of this Code are complied with, within ten (10) days after notice is given.

c) Where a protest of the waiver request is received, the request shall be considered by the Planning Commission or City Council as provided in this Article.

ARTICLE 3 - RESTRICTED MANUFACTURING PERMIT (Added by O-1898)

SECTION 94.3.1. SCOPE - DOWNTOWN TORRANCE.

The provisions of this Article shall apply only to the area known as downtown Torrance which is defined as all the property within the boundaries of downtown Torrance as defined in Section 93.1.2.

SECTION 94.3.2. M-1 USES QUALIFIEDLY PERMITTED.

Uses permitted in the M-1 zone without a conditional use permit are hereby permitted in downtown Torrance if a restricted manufacturing permit has been issued therefor in accordance with the provisions of this Article.

SECTION 94.3.3. APPLICATION FOR PERMIT.

The owner lessee or other person having the right to possesion of the land for which the restricted manufacturing permit is sought may apply for the granting of such permit. Whenever the application is made by a person having less than the fee sirnple title to the land the Planning Director must require that the holders of the reversionary or remainder interests consent thereto in writing. Such application shall be filed with the Planning Director and shall be accompanied by a fee as set forth in Section 99.1.10. to cover the cost of the publication and the processing of the application and shall include such information as prescribed by the Planning Director.

SECTION 94.3.4. NOTICE OF PUBLIC HEARING.

Before issuing such permit the Planning Director shall publish a Notice of Intention to issue such permit setting forth the location of the property and the type of use at least six (6) days prior to issuance of the permit. In addition, the Planning Director shall send notice of such intention to issue a permit to the owners and tenants of property within one hundred (100) feet of the property subject to the permit as shown on the last equalized assessment roll and to the tenants of properties within said area who are physically in possession thereof as determined by visual inspection.

SECTION 94.3.5. PUBLIC HEARING.

The Planning Director shall hold public hearing thereon at the time and place set forth in said notice. The Planning Director 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 Director without the giving of further notice other than announcement by the Planning Director of the date, time and place of said adjourned hearing at the time of said adjournment.

SECTION 94.3.6. DECISION OF THE PLANNING DIRECTOR.

After the conclusion of the hearing the Planning Director shall deny or grant the application in whole or in part. If the permit is granted the Planning Director may impose thereon such conditions as he may deem desirable and necessary to effectuate the purposes of this Division and the best interest of the City. In making his decision, the Planning Director shall use the criteria set forth in Section 95.1.1. for the issuance of conditional use permits.

SECTION 94.3.7. APPEAL TO PLANNING COMMISSION.

(Amended by O-2031)
The applicant, the City Manager, the City Council or any person owning or leasing real property within one hundred (100) feet of the subject property may file with the City Clerk within five (5) days from the date of the action by the Planning Director granting or refusing the permit a written appeal from such decision. If the appeal is filed by any person other than the City Manager or the City Council an appellate fee equal to the amount of the filing fee as required by Section 99.1.10. shall accompany the application.

SECTION 94.3.8. DECISION OF THE PLANNING COMMISSION.

Upon receipt of the appeal a hearing shall be set and held before the Planning Commission in the same manner as hearings are set and held by the Planning Commission for the issuance of conditional use permits. After the conclusion of said hearing the Planning Commission shall deny the application or grant the permit in whole or in part as applied for. If the permit is granted, the Planning Commission may impose thereon such conditions as it may deem desirable and necessary to effectuate the purpose of this Chapter and the best interest of the City. In making its decision, the Planning Commission shall use the criteria set forth in Section 95.1.1. for the issuance of conditional use permits.

SECTION 94.3.9. RIGHT OF APPEAL.

(Amended by O-2031; O-2397; O-282;)
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.

ARTICLE 4 - VALIDATION PERMITS (Added by O-2147)

SECTION 94.4.1. SCOPE OF VALIDATION PROCEDURE.

The procedure set forth in this Article shall be effective to validate the illegal construction of a building or structure completed prior to the filing of the application provided for in Section 94.4.2. Variances or waivers shall not be granted therefor. Said procedure, however, shall not be effective to validate (1) the construction of any building or structure which was constructed in violation of the provisions of the City’s Building Code or Fire Prevention Code in effect at the time such application is filed, other than the provisions requiring the issuance of a building permit therefor; or (2) a future use of land in derogation of the types and classes of uses permitted in the zoning district in which the subject property is located.

SECTION 94.4.2. INITIATION OF PROCEEDINGS.

a) Proceedings for a validation permit may be initiated by application of any owner, lessee or other person having the right of possession to the land on which an illegally constructed building or structure is situated. Whenever such application is made by a person having less than the fee simple title to the land, the Planning Commission shall require that the holders of the reversionary or remainder interests consent thereto in writing. A mortgagee, trustee under a deed of trust, or purchaser under a contract of sale shall not be considered to be the owner of the fee simple title to the land. Such application shall be flled with the Planning Director, accompanied by a fee as provided in Chapter 9 of this Division and shall include such information as is prescribed by the Planning Director or Commission.

b) The applicant also shall make application for a building permit from the Director of Building and Safety, who shall make the following determinations:

1) The valuation of the construction for purposes of determining the building permit fee and validation fee; and

2) That the building or structure complies with the City’s Bullding Code and Fire Prevention Code.

SECTION 94.4.3. PUBLIC HEARING.

Upon receipt of the application, the secretary of the Planning Commission shall set a date, time and place for a public hearing thereon before the Planning Commission 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 validation is sought, as shown on the last equalized assessment roll. The Planning Commission may conduct the 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 an announcement by the Commission of the date, time and place of such adjourned meeting.

SECTION 94.4.4. CRITERIA FOR GRANTING VALIDATION PERMIT.

A Validation Permit may be granted if, in the judgment of the Planning Commission, all of the following criteria are met:

a) Issuance of the permit will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity of the subject property.

b) It will not substantially interfere with the orderly development of the City.

c) The illegal construction in question does not result from a deliberate attempt to violate the laws of the City; and

d) To remedy the illegality would cost an amount of money disproportionate to the public benefit which would result therefrom.

SECTION 94.4.5. DECISION OF THE PLANNING COMMISSION.

After the conclusion of the hearing, the Planning Commission shall deny or grant the application in whole or in part. If the permit is granted, the Planning Commission may impose thereon such conditions as it may deem desirable and necessary to effectuate the purpose of this Chapter and the best interests of the City. In granting or denying a Validation Permit, the Planning Commission shall state its reasons therefor by the adoption of a resolution. The Validation Permit shall not become effective until the passage of such resolution or expiration of the appeal period, whichever occurs later. The filing of an appeal shall void such resolution, if any.

SECTION 94.4.6. RIGHT OF APPEAL.

(Amended by O-2397; O-2822)
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.

SECTION 94.4.7. Repealed by O-2822.

SECTION 94.4.8. Repealed by O-2822.

SECTION 94.4.9. NUISANCES.

Neither the provisions of this Article nor the granting of the Validation Permit provided for herein shall be deemed to have authorized or legalized the maintenance of any public or private nuisance.

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