Article 36 — MULTIPLE OWNER-OCCUPIED RESIDENTIAL STRUCTURES

(Added by O-1422; Amended by O-1641; O-2930; O-2933)

91.36.1 DEFINITION.

The term Multiple Owner-Occupied Residential Structure is defined in Section 91.2.81. of this Code.

a) Subject to the provisions of subsection c), no multiple owner-occupied residential structure may be constructed except upon a lot or parcel of land in a zone which permits multiple family residential uses.

b) Subject to the provisions of subsection c), no existing apartment structure or other multiple family dwelling may be converted to a multiple owner-occupied residential structure except in a zone which permits multiple family residential uses.

c) A multiple owner-occupied residential structure, which will contain two (2) residential units may be constructed or converted only in a zone permitting two (2) single family dwellings, one (1) two (2) family dwelling, or multiple family residential uses, but not including any C zone.

(Amended by O-3301)

a) No person shall construct a new multiple owner-occupied residential structure or convert any existing residential structure to multiple owner-occupied residential structure unless he has complied with the provisions of the California Subdivision Map Act, commencing at Section 66410 of the Government Code, and the provisions of Chapter 2, Article 29 of this Division.

b) No person shall construct a new multiple owner-occupied residential structure or convert an existing residential structure to a multiple owner-occupied residential structure unless he has been issued a Conditional Use Permit pursuant to the provisions of Chapter 5 of this Division.

c) In order to minimize the possibility that any person will construct a two-family or new multifamily dwelling to the standards of the zone, and then immediately seek to convert said two-family or multifamily dwelling to a multiple owner-occupied dwelling, for the purpose of either avoiding the greater development standards of a multiple owner-occupied dwelling or to avoid the Conditional Use Permit review process prior to construction, and in order to carry out the purposes of this Article, there shall be a one (1) year waiting period after issuance of the Certificate of Occupancy before any such request for conversion may be submitted to the City for consideration.

a) If the application is for construction of a new multiple owner-occupied residential structure, the following information shall be submitted:

1. Conditional Use Permit application form.

• 2. Existing topography of the development area shall be shown with contours of not more than one (1) foot interval, except on steep hillside property, where the contour interval may be greater if approved by the City Engineer.

3. The gross land area of the development, the present zoning of the property and the location of all existing easements, structures and improvements on the property.

• 4. A general development plan with at least the following details to an approved scale and dimensions:

A) Location and use proposed for each existing and proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances;

B) All existing and proposed driveway approaches, driving lanes, parking areas, loading and service areas;

C) All pedestrian walks and open areas for the use of the occupants of the proposed development and/or the public;

D) Types of surfacing for all proposed walks, parking areas, driveways, and outdoor storage areas;

E) A detailed plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained; F) A grading plan for the entire development;

G) All existing and proposed physical features such as hydrants, utility facilities, floodlights, pools, sprinklers, drainage facilities, and recreation facilities, and a statement setting forth the method by which these features shall be preserved and maintained; H) All existing and proposed easements;

I) Elevations or architectural renderings of the project to indicate architectural type and the materials of construction.

5. Copies of the applicable conditions, covenants and restrictions or bylaws that will apply to the proposed development. 6) The proposed tenant relocation plan as provided in Section 91.36.8

6. Such other information as may be required by the Planning Director.

b) If the application is for conversion of an existing two (2) family or multiple family residential structure to multiple owner-occupied residential structure, the following information shall be submitted:

1. Conditional Use Permit application form.

2. The gross land area of the development, the present zoning of the property and the location of all existing easements, structures and improvements on the property.

3. A general development plan with at least the following details to an approved scale and dimensions:

A) Location and use proposed for each existing and proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances;

B) All existing and proposed driveway approaches, driving lanes, parking areas, loading and service areas;

C) All pedestrian walks and open areas for the use of the occupants of the proposed development and/or the public;

D) Types of surfacing for all proposed walks, parking areas, driveways and outdoor storage areas;

E) A detailed plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained;

F) All existing and proposed physical features such as hydrants, utility facilities, floodlights, pools, sprinklers drainage facilities, and recreation facilities, and a statement setting forth the method by which these features shall be preserved and maintained;

G) All existing and proposed easements;

H) Elevations or architectural renderings of the project to indicate architectural type and the materials of construction and remodeling.

4. Copies of the applicable conditions, covenants and restrictions or bylaws that will apply to the proposed conversion.

5. If the application for a Conditional Use Permit is for conversion of an existing structure to a multiple owner-occupied residential structure, or if the construction of a new multiple owner-occupied residential structure involves the demolition of an existing renter-occupied residential structure, the names and mailing addresses of each such tenant should be furnished. Further, the names and mailing addresses of all former tenants evicted within the sixty (60) days preceding the submission of an application shall be furnished. Each tenant presently occupying any such residential structure shall be notified of each public hearing by the City which concerns the proposed conversion or demolition of the structure in which they reside. Such notice shall be sent by the Planning Director by first class mail not less than five (5) days prior to any such hearing.

6) Comprehensive reports including the following:

A) A general structural condition report addressing foundation, framing, interior and exterior coverings, roof, plumbing, electrical wiring, swimming pools, sprinkler systems, utility connections, built-in household appliances, heating and cooling systems and sewer evaluation made by an independent State licensed structural engineer, architect or general contractor and containing a comparison of the installation or construction date of each such item with the useful life expectancy of such item together with an estimate of the replacement or repair costs for any such item having an anticipated useful life expectancy of less than five (5) years. Said structural condition report shall also identify any item of construction or installation which does not meet current construction code requirements, even though such item was installed in accordance with the construction standards in existence at the time of original construction or installations.

sts for any such item having an anticipated useful life expectancy of less than five (5) years. Said structural condition report shall also identify any item of construction or installation which does not meet current construction code requirements, even though such item was installed in accordance with the construction standards in existence at the time of original construction or installations.

B) A report by an acoustical engineer comparing the acoustical properties of a representative number of dwelling units within the structure to the currently accepted State of California standards for new construction of multiple family residential units, and including a recommendation of what work would be required, if any, to meet these standards;

C) A pest information report addressing the present condition of the structure as it may be affected by termites, dry-rot, roaches or other insects, and recommending what work would be required, if any, to render the structure free of the infestation;

D) The latest Fire Prevention Inspection Notice, but if the latest notice is more than six (6) months old, a new inspection shall be required.

7. The proposed tenant relocation plan as provided in Section 91.36.8

• 8. Such other information as may be required by the Planning Director.

Except as hereafter provided, it shall be unlawful to construct or develop any property for a multiple owner-occupied residential structure unless the construction is in compliance with all the conditions of this Section.

a) The developer shall have complied with the provisions of Section 91.36.3

b) The multiple owner-occupied residential structure shall comply with the requirements of the zone in which it is constructed, provided that in the event a multiple owner-occupied residential structure of three (3) or more units is constructed in a commercial zone, the zoning requirements for the R-3 zone shall apply.

c) In addition to the minimum development standards and requirements of the zone in which the multiple owner-occupied residential structure is constructed, the following shall apply:

• 1. The proposed Conditions, Covenants and Restrictions (CC&R’s) or bylaws shall be submitted for review by the City and shall make provisions for:

A) Maintenance of all common areas not owned or controlled by an individual tenant in common or shareholder;

B) Allocation of off-street parking spaces for residents and guests;

C) Such other matters of common concern as may be determined by the Planning Commission.

• 2. There shall be provided not less than two (2) off-street covered parking spaces for each dwelling unit.

3. There shall be provided not less than one (1) off-street parking space for each five (5) dwelling units, or fraction of five (5) dwelling units, which spaces shall be designated for guests.

• 4. Each multiple owner-occupied residential structure shall comply with the Land Use and Housing Elements of the General Plan.
• 5. Each dwelling unit shall have a separate meter for public utility service except that water service may be provided through a master meter.
• 6. Each dwelling unit within a multiple owner-occupied residential structure shall be provided with a separate, easily accessible shutoff for gas, water and electricity and such other individual fixture shutoffs as may be required by the plumbing or electrical codes of the City of Torrance.
• 7. Each dwelling unit within a multiple owner-occupied residential unit shall have its own separate source of hot water.
• 8. The multiple owner-occupied residential structure shall meet current State of California energy conservation standards.

9. Each multiple owner-occupied residential structure shall provide not less than the minimum amount of open space as required by the zone in which it is located, but in no case less than six hundred (600) square feet per dwelling unit and provided that there shall be a reasonable amount of private open space for each dwelling unit.

10. There shall be provided for each dwelling unit a usable amount of easily accessible, secured storage area in addition to normally provided clothes and linen closets.

11. There shall be provided a one (1) hour fire separation, both vertically and horizontally between each dwelling unit within a multiple owner-occupied residential structure that meets the requirements of the City building codes.

12. There shall be provided acoustical treatment of the floors and walls of each dwelling unit within the multiple owner-occupied residential structure to meet the standards of the State of California for multiple residential units.

13. Such other and further conditions as may be required by the Planning Commission.

14. There shall be implemented a tenant relocation plan as provided in Section 91.36.8

It shall be unlawful for any person to convert an existing two (2) family or multiple family residential structure into a multiple owner-occupied residential structure unless such conversion is in compliance with the conditions of this Section:

a) Each prospective purchaser of any dwelling unit within a multiple owner-occupied residential structure must be notified by the developer of the existence and availability of each report required by Section 91.36.4

b) The developer shall comply with the provisions of Section 91.36.3

c) Except as hereafter provided in this Article, each building and parcel of land converted to a multiple owner-occupied residential structure shall comply with the provisions of the zone in which it is located, provided, however, that if a multiple owner-occupied residential structure of three (3) dwelling units or more is located in a commercial zone, it shall comply with the provisions of the R-3 zone.

d) The following special development standards shall apply:

• 1. The proposed Conditions, Covenants and Restrictions (CC&R’s) or bylaws shall be submitted for review and shall make provisions for:

A) Maintenance of all common areas not owned or controlled by any individual tenant in common or shareholder;

B) Allocation of off-street parking spaces for residents and guests;

C) Such other matters of concern as may be determined by the Planning Commission.

2. There shall be provided for each dwelling unit within the multiple owner-occupied residential structure a usable, easily accessible secured storage area in addition to normally provided clothes and linen closets.

• 3. Each multiple owner-occupied residential structure shall comply with the Land Use Element and Housing Element of the General Plan.

4. Each dwelling unit within the multiple owner-occupied residential structure shall have a separate meter for public utility service except that water may be provided through a master meter.

• 5. Each dwelling unit within the multiple owner-occupied residential structure shall be provided a separate, easily accessible shutoff for gas, electricity and water, and such other individual fixture shutoffs as may be required by the plumbing and electrical codes of the City of Torrance.

6. Each dwelling unit within the multiple owner-occupied residential structure shall be provided with a separate source of hot water.

7. Any building or structure to be converted to a multiple owner-occupied residential structure shall comply with the uniform construction code requirements as of the date of its construction.

• 8. The number of dwelling units in the building proposed to be converted to a multiple owner-occupied residential structure shall be no more than the number of dwelling units approved for occupancy by the City as shown on the current Certificate of Occupancy, or building permit records.
• 9. There shall be implemented a tenant relocation plan as provided in Section 91.36.8

a) Provided the building and land proposed to be converted into a multiple owner-occupied residential structure meet the requirements of Section 91.36.6., the following development criteria are goals and guidelines for the apartment conversion and shall be considered by the Planning Commission.

• 1. Off-street parking for residents at or exceeding the number of such spaces required by the base zone.
• 2. Off-street parking spaces for guests at or exceeding the number of such spaces required by the base zone. In the event the proposed conversion is for ten (10) or fewer dwelling units, the developer shall submit a proposed plan for guest off-street parking.
• 3. Open space, both joint use and private which meets or exceeds the amount required by the base zone.
• 4. Compliance with current State of California energy conservation standards.
• 5. Provisions of one (1) hour fire separation, both vertically and horizontally between dwelling units that meet the requirements of City building codes.

6. Provisions for acoustical treatment of floors and walls to meet State standards for multiple family dwellings.

• 7. Dwelling unit density which does not exceed the density limits of the zone in which the said conversion is located.

b) To the extent any of the above goals or guidelines cannot be met, the Planning Commission may consider other factors which may tend to mitigate the deficiency caused by loss of the non-met goal.

In every case where an existing two (2) family dwelling, or a multiple family residence is converted to a multiple owner-occupied residential structure, or where any two (2) family dwelling or multiple family residence is demolished to provide vacant land on which to construct a multiple owner-occupied residential structure, the following provisions shall be made for the displaced tenants who do not choose to become buyers of one (1) or more of the units.

a) The developer of any such conversion or demolition and reconstruction project shall submit a written plan to the Planning Director of the proposed method of effecting the tenant displacement and relocation from the subject rental properties. Such plan shall contain the following minimum provisions:

1. Payment in full of the standard relocation payment.

2. Prior to any tenant relocation, the developer shall meet with each tenant in good faith and attempt to find a suitable, substitute rental unit of comparable size, location and rental rate, taking into account any special needs of the tenant such as age, disability, proximity to needed services, and income. Insofar as possible, more than one such substitute dwelling unit shall be investigated and offered for the tenants review. If necessary, the developer shall provide transportation at reasonable times for each tenant to make such a review.

3. In the event no suitable substitute dwelling can be found which is acceptable to the displaced tenant, or if tenant elects, said tenant shall be paid the standard relocation payment at the time of his actual eviction, or such reasonable time before such eviction as may be mutually agreed upon by the displaced tenant and developer which will allow the said tenant to use the money for actual relocation costs.

b) Tenant relocation efforts may commence at any point in the review process, but in no event shall any tenant be required to move in less than one hundred twenty (120) days following notice to do so by the developer.

c) The term tenant means all the permanent residents, as a group, residing in a single dwelling unit. A displaced tenant is any tenant who has received a notice of eviction from their residence pursuant to a plan to convert that residence into a multiple owner-occupied residential structure or to demolish the residence in order to construct a new multiple owner-occupied residential structure.

d) In the event other, or different arrangements for tenant relocation are mutually agreed upon in writing between the tenant and the developer, such written agreement shall be submitted to the City for review as part of the relocation plan. Such other or different arrangements shall be approved unless there is substantial evidence that such agreement was not intelligently made or was not voluntary.

e) In the event the developer determines that any tenant has seriously violated any term of a written lease, or there is substantial evidence that a tenant is doing, or is likely to do damage to the residence prior to terminating tenancy, the developer may proceed with eviction as provided by law.

In the event any tenant is so evicted for cause, he shall not be entitled to any moving expense or in lieu of payment.

It shall be the duty of the developer to show such facts to the satisfaction of the Planning Commission as part of the tenant relocation plan.

f) In the event a developer applies for a Conditional Use Permit to construct a multiple owner-occupied residential structure on vacant land which had on all or part thereof a multiple family residence or two (2) family dwellings at any time within the preceding twelve (12) months, which was demolished, it will be presumed that such demolition was for the purpose of effecting the proposed multiple owner-occupied residential structure, and each tenant displaced from such demolished multiple family residence of two (2) family dwellings shall be entitled to a moving expense payment equal to the standard relocation payment.

g) As used in this Section, the standard relocation payment shall be One Thousand Dollars ($1,000.00) and said sum shall be adjusted upward or downward each year on January 1, a percentage amount which is equal to the percent of change from the previous year in the Consumer Price Index for the Los Angeles/Long Beach area, using the year 1967 as a base of 100.

In addition to the development standards, goals and guidelines contained in this Article, the Planning Commission shall consider the following in making their determination whether to deny, approve, or approve subject to conditions, any conversions to multiple owner-occupied residential structure.

a) The effect, if any, the conversion will tend to have on the health, safety and welfare of the community as a whole.

b) The consistency of the proposed conversion to the General Plan, considering the land use, density and housing element.

c) The overall effect of the proposed conversion on the development of the City, considering the size of the conversion, the age and condition of the structure, the aesthetic factors and the safety to residents.

d) The likely effect of the proposed conversion on the displaced tenants and on the availability of similar rental housing in the area.

e) The cumulative effect of the proposed conversion on the City housing market and the availability of alternate housing.

f) The extent to which the applicant developer meets the conversion guidelines set forth in Section 91.36.6. and Section 91.36.7. and the feasibility or reconstructing the existing structure(s) in whole or in part to meet such guidelines and goals, or any of them, and the feasibility of providing other mitigating measures to offset deficiencies.

(Added by O-3365)

Notwithstanding the provisions of this Article, if a new senior citizen housing project is proposed, pursuant to the provisions of Section 95.3.45, the off-street parking and open space requirements of Section 91.36.5. shall not apply.