Article 36 — DEVELOPMENT PERMITS

(Added by O-3424; O-3429; Amended by O-3521)

A Development Permit is required under the following circumstances within the boundaries of the Hawthorne Boulevard Corridor Specific Plan area; however, none will be required for new construction of or alterations to single-family homes located in the R-1, Single Family Residential District:

a) For a new structure;

b) For the enlargement of an existing structure;

c) For the exterior alteration of an existing structure;

d) For any intensification in use of a structure or parcel of land for which a Development Permit, or other similar entitlement permit, has never been issued;

e) For any substantial remodel, which shall be defined as the removal of fifty (50%) percent or more of the exterior wall area or removal of fifty (50%) percent or more of the supporting members of a structure such as bearing walls, columns, beams or girders, whichever is stricter; or

f) For the renewal of use of a structure which has been unused for ninety (90) days prior to the proposed date of renewal of use.

When in compliance with all other City ordinances, and when in conformance with the standards and design guidelines of the Hawthorne Boulevard Corridor Specific Plan as determined by the Planning Director, a Development Permit is not required under the following circumstances:

a) For the exterior repainting of a structure;

b) Roof reconstruction which involves the use of different roofing materials; or

c) For the replacement of doors or windows.

The responsibility for review and approval or denial of Development Permits shall be as follows:

a) Development Permits will be reviewed and granted or denied by the Planning Commission. Minor changes to a permit may be subsequently granted by the Planning Director as specified in Section 92.36.3.b); however, substantial changes involving a major deviation from a Development Permit as approved must be approved by the Planning Commission. The Planning Commission may grant a Development Permit under the following circumstances:

1. New structures of any size on a vacant site, or the replacement of an existing structure or development after a site has been cleared;

2. The enlargement of a structure or of a multi-structured development where the size of the addition equals or exceeds fifty (50%) percent of the existing gross floor area, or equals or exceeds ten thousand (10,000) square feet, whether attached or detached;

3. The renewal of use of a structure which has been unused for ninety (90) days prior to the proposed date of renewal of use, the enlargement of an existing structure, or any intensification in use of a structure or a parcel of land for which a Development Permit, or other similar entitlement permit, has never been issued; or

4. A substantial remodel, as defined in Section 92.36.1.e).

b) Minor Development Permits shall be reviewed and granted or denied by the Planning Director. Applications for Minor Development Permits may be referred to the Planning Commission at the discretion of the Planning Director. The Planning Director is authorized to grant or deny an application for a Minor Development Permit under the following circumstances:

1. The enlargement of a structure or of a multi-structured development where the size of the addition does not exceed fifty (50%) percent of the existing floor area, or does not exceed ten thousand (10,000) square feet, whether attached or detached;

2. Any exterior alteration to a structure, which does not involve the removal of fifty (50%) percent or more of the exterior wall area, and which maintains the same architectural character or theme;

3. The renewal of use of a structure which has been unused for ninety (90) days prior to the proposed date of renewal of use, and for which a Development Permit or other similar entitlement permit has been issued; and

4. That at least two (2) years of time have elapsed since a Minor Development Permit has been approved relative to the subject property.

c) Notwithstanding Sections 92.36.3.a) and 92.36.3.b) above, when approved as a phased project by the Planning Commission within the context of a "master" Development Permit, no subsequent approvals are required.

a) Application for a Development 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) The application filed with the Planning Director 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 may 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 proposed project’s compliance with the established standards and design guidelines contained in this Division and in the Hawthorne Boulevard Corridor Specific Plan.

e) An application for a Development Permit must include plot plans, floor plans and elevations with at least the following details to an approved scale and dimensions:

1. Dimensions, gross land area, shape and orientation of the parcel, drawn in relationship to the dimensions of the adjacent street(s), public sidewalk(s), driveways and/or street intersections when closer than four hundred (400) feet from one of the subject property lines;

• 2. Placement of buildings and structures on the parcel, gross building area, setbacks from property lines, and location of building entrances;
• 3. Design of interior traffic circulation, including all existing and proposed driveway approaches, driving lanes, parking areas, loading and service areas;
• 4. All pedestrian walkways and open areas;
• 5. Types of surfacing for all proposed walkways, parking areas, driveways, driving lanes, and outdoor storage areas;
• 6. Placement, height, and direction of illumination of light standards;
• 7. A detailed landscaping plan, including location, height, and materials 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;

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

• 9. Elevations of the project to indicate height and bulk of structures, architectural style and materials of construction;
• 10. Location of all signing; and

11. Such other information which the Planning Commission may require to make the necessary findings that the provisions of this Division and the provisions of the Hawthorne Boulevard Corridor Specific Plan are being complied with.

f) An application for a Minor Development Permit must include plot plans, floor plans and elevations, at an approved scale and dimensions, providing sufficient detail and information which the Planning Director may require to make the necessary findings that the provisions of this Division and the provisions of the Hawthorne Boulevard Corridor Specific Plan are being complied with.

g) Until the application is deemed to be complete by the Planning Director, no action will be taken or decision made.

a) Upon receipt of a complete Development Permit application requirement Planning Commission determination as specified in Section 92.36.3.a), the Planning Director shall:

• 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 within the City boundaries 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 will 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.

a) A final determination on an application for a Development Permit shall be made by written resolution by the Planning Commission. A final determination on an application for a Minor Development Permit shall be by written notice by the Planning Director.

b) The appropriate review authority as identified in Section 92.36.3 may approve, deny and/or modify a Development Permit or Minor Development Permit in whole or in part. The review authority may approve a Development Permit or Minor Development Permit, only if all of the following findings are made:

1. The proposed development is consistent with the purpose and requirements of the respective land use sub-district, and complies with all of the applicable provisions of the Hawthorne Boulevard Corridor Specific Plan and with this Planning and Land Use Code;

2. The proposed development conforms with all applicable design guidelines and design review criteria of the Hawthorne Boulevard Corridor Specific Plan. Further, the development has been designed to minimize possibly intrusive impacts on residential properties;

• 3. The subject site is physically suitable for the type and intensity of development being proposed;
• 4. By virtue of a high quality design and construction, the proposed development will positively contribute to the orderly and harmonious development of the Hawthorne Boulevard Corridor and the general welfare of the City;
• 5. The proposed development will enhance the commercial development of the area so as to increase the taxable value of real property and sales tax return to the City, and to maintain the stability and value of the property and of the Hawthorne Boulevard Corridor as a desirable commercial area;
• 6. Traffic impacts have been mitigated, in whole or in part by the design of the on-site circulation system so as to minimize hazard and congestion, to facilitate on-site movements between adjacent properties, and to maximize opportunities for pedestrian and transit connections;
• 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed development is not detrimental to public health and safety;
• 8. The proposed development is consistent with the objectives, policies, general land uses and programs of the Torrance General Plan;
• 9. The proposed development would not be detrimental to the public interest, health, safety, convenience or welfare; and
• 10. The proposed development meets the requirements of the California Environmental Quality Act.

c) If a Development Permit or Minor Development 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 sub-district; and to effectuate the purposes of the Hawthorne Boulevard Corridor Specific Plan, the Torrance General 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:

onable and necessary to mitigate project-related adverse impacts; to carry out the purpose and requirements of the respective land use sub-district; and to effectuate the purposes of the Hawthorne Boulevard Corridor Specific Plan, the Torrance General 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 regulating 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.

a) The decision of the Planning Commission may be appealed to the City Council pursuant to the provision 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

A Development Permit, once approved, shall be considered to run with the land, notwithstanding changes in ownership or in land use. A Development Permit expires and becomes null and void, when any of the following occur:

a) If construction has not commenced within one (1) year of Development Permit approval; provided that the Planning Director may grant an extension of the permit for an additional period as provided in Section 92.27.1

b) If after commencement of construction, work is discontinued for more than one (1) year. Projects may be built in phases if preapproved by the Planning Commission. If a project is built in preapproved phases, each subsequent phase will have one (1) year from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred;

c) If after completion of construction, the development project is demolished in its entirety.

a) The Planning Commission may hold a public hearing to revoke or modify a Development 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 Development Permit was granted. Notice will 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, or upon delivery by telephone facsimile.

b) A Development 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 Development Permit as granted have changes so that one (1) or more of the findings of fact contained in Section 92.36.6 "FINDINGS" no longer apply;

• 2. That the Development Permit was obtained by misrepresentation or fraud;
• 3. That one (1) or more of the conditions of the Development Permit have not been met; or
• 4. That the development is in violation of any statute, ordinance, law, or regulation.

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 Development Permit was approved may be modified without the consent of the property owner or operator if the Planning Commission finds that the development constitutes or is creating a nuisance.