Article 5 — YARDS

Where yards are required in this Division, they shall be not less in depth and width than the minimum dimension, specified in any part, and they shall be at every point open and unobstructed from the ground to the sky except as required in the following Sections.

(Amended by O-3283; O-3319)

a) Except in the R-1 zone, outside stairways, porches, balconies or landing places, if unenclosed on three (3) sides, may extend into the required interior side yard for a distance not to exceed three (3) feet, but in no case shall be closer than two (2) feet from property line.

b) Except as provided in subsection (c) of this Section, outside stairways, porches, balconies or landing places, if unenclosed on three (3) sides, may extend into the required rear yard, front yard, or exterior side yard for a distance not to exceed four (4) feet.

c) In the R-1 zone, no staircase providing access to a second story, enclosed or otherwise, shall be permitted on the exterior of the dwelling, nor shall such staircase have direct access on the ground level to the outside of the dwelling.

Eave overhang for dwellings shall not exceed three (3) feet six (6) inches into any required rear, front or side yard, and no closer than thirty (30) inches from the property line in any required side yard of five (5) feet or less, nor more than thirty (30) inches into any required ten (10) foot yard between dwellings and shall be no closer than three (3) feet from each other measured horizontally where the required building separation is not less than six (6) feet.

(Amended by O-3283)

Except in the R-1 zone, one (1) pergola, one (1) covered but unenclosed passenger landing when attached to the dwelling or one (1) carport may extend into a required inside yard to within six (6) inches from the side property line; provided, its length is not over twenty-five (25) feet, otherwise the setback shall be five (5) feet. In no case shall outside edge of eaves be less than six (6) inches from the property line.

(Amended by O-3283; O-3291)

a) Bay windows, either with or without foundations, shall not extend closer than three (3) feet from any property line on an interior side yard of five (5) feet or less, except in the R-1 zone, nor extend more than three (3) feet into any required rear, front or exterior side yard; provided that its other horizontal dimension is no more than ten (10) feet; and further provided, that only one (1) such bay window shall be allowed in any required interior side yard, and no more than two (2) such windows shall be allowed in any required rear, front or exterior side yard.

b) Except as provided in Section 92.5.3, in the R-1 zone, the only encroachments which will be permitted into the required interior side yard setback shall be chimneys, greenhouse windows and water heaters. In such interior side yard setback area, no chimney, greenhouse window or water heater may project closer than thirty (30) inches from the side yard property line.

(Amended by O-3283; O-3291)

Except as provided in Section 91.4.8, a detached accessory building, or accessory living quarters in all residential zones, not exceeding one (1) story in height and located on the rear one-quarter (1/4) of the property may be one (1) foot from the rear property line and one (1) foot from (1) one interior side property line only if the

wall adjacent thereto is one (1) hour wall with no openings therein, the side yard setback on the other side shall be no less than ten percent (10%) of the width of the rear property line, but in no case less than three (3) feet or be required to be more than five (5) feet.

(Amended by O-3283)

A detached accessory building or accessory living quarters in all residential zones except R-1, two (2) stories in height and located on the rear one-quarter (1/4) of the property shall have interior side yard setbacks no less than five (5) feet and may have a rear yard setback of not less than five (5) feet if the required rear yard, for the zone, is located between the rear building and the front building, but in no case shall an accessory building occupy more than one-third (1/3) of the required rear yard area. Garages opening onto an alley shall have a setback of not less than five (5) feet from the property line adjacent to the alley.

(Amended by O-3283)

Where a public alley exists at the rear line of a lot, requiring a twenty (20) foot rear yard, one-half (1/2) but not to exceed ten (10) feet of such alley may be considered as a portion of such rear yard except in R-1 zone. In cases of lots requiring a rear yard of ten (10) feet, no part of the alley shall be considered as a portion of such rear yard.

a) A swimming pool in residential zones or any zone used for residential purposes may occupy a portion of the required rear yard, but in no case shall the outer walls of the pool be less than five (5) feet from an interior side property line, rear property line or a building or be less than ten (10) feet from any side street property line or less than twenty (20) feet from the front property line. In addition, in no case shall there be less than a three (3) foot open and unobstructed passageway provided between the outer wall of the pool and the side and rear property lines, or any fence or wall. Where a swimming pool is located in an inner court or yard in conjunction with multiple-family dwellings or apartments, the minimum distance between the outer edge of the pool and the exterior wall of the building shall be ten (10) feet and such space shall be open and unobstructed, except for landscaping.

b) Spas and jacuzzis may extend into the rear yard area, and to within ten (10) feet of the front property line and may extend into the required side yard if located in the rear one-quarter (1/4) of the property; provided, the structure does not exceed ten (10) feet in diameter and provided that a thirty (30) inch passageway is allowed on at least two (2) adjacent sides. In no case shall the outside edge of the spa or jacuzzi be closer than four (4) feet to a one (1) story building or eight (8) feet to a two (2) story building where the only openable windows or external doors are located directly above the structure. In no case shall the structure interfere with proper drainage on the parcel on which it is located or the drainage of adjacent properties.

c) Decking may extend to property lines provided its height does not exceed two (2) feet above grade. Structural framing within three (3) feet of the property line must be constructed of one (1) hour fire resistant materials. In no case shall the construction of the structure impede proper drainage of the parcel upon which it is located or the drainage of adjacent properties.

(Amended by O-3283; O-3922)

No building shall be erected, structurally altered, converted, enlarged, moved or maintained for use as a bungalow court, apartment, dwelling, multiple unit group dwelling, motel or hotel, unless the following side yards and court widths are provided and maintained in connection therewith, or provided and maintained through the provisions of Division 9, Chapter 1, Article 51 (Housing Corridor Overlay Zone):

a) For buildings having not more than one (1) rear or service entrance opening upon a required side yard, the side yard shall be ten percent (10%) of the width of the lot but not less than three (3) feet nor more than five (5) feet, except in the R-1 zone.

b) For buildings having more than one (1) rear or service entrance opening upon a required side yard, the side yard shall be increased by six (6) inches for each service entrance opening thereon, but need not exceed five (5) feet. The side yard requirements set forth in Section 91.9.6 herein shall be complied with. c) For buildings arranged around three (3) sides or two (2) opposite sides of a court or yard, the average width of the court or yard shall be not less than twenty (20) feet.

d) The minimum distance between single-family dwellings, either one of which has not more than one (1) entrance or a rear or service entrance opening upon the intervening space, shall not be less than ten (10) feet, and the minimum distance between single-family dwellings in all other cases shall be not less than twenty (20) feet. e) For buildings arranged around only one (1) side and the rear of a court or yard, the average width of the court or yard and the side yard shall not be less than ten (10) feet.

f) In the case of group houses or a row of dwellings arranged so as to front upon a required side yard, the average width of the side yard upon which such dwellings front shall be not less than ten (10) feet.

g) In addition to the foregoing side yard requirements, the front and rear yard requirements for lots in the zone in which such dwellings are located shall be complied with; provided, however, that a minimum front yard of fifteen (15) feet will be allowed on cul-de-sac streets only when such streets cannot be prolongated and only on those lots that front on the extreme radius at the end of the street.

(Added by O-3153)

a) No person shall park or store or let stand any vehicle on the front yard of any residentially zoned property other than on a paved driveway or paved parking area with entrances and exits to the street.

b) For purposes of this section, "vehicle" means any automobile, truck, boat or any device, operable or inoperable with or without wheels, by which any person or property may be propelled, moved or drawn upon any street or highway.

c) For purposes of this section, "front yard" means that portion of a lot or parcel of land extending across the full width thereof between the front property line and the front line of the main building, including the exterior side yard of any corner lot when the exterior side yard is not screened by a solid fence or solid wall.

d) For purposes of this section, a paved driveway or parking space shall meet the paving requirements of Section 93.5.13 or be equivalent to such requirements.

(Added by O-3154)

a) No person shall pave or cause to be paved more than fifty (50) percent of the front yard of any residentially zoned property without the prior approval of the Director of Building and Safety. Such approval may be granted if, in the judgment of the Director of Building and Safety:

• 1. Unreasonable difficulties will result from strict enforcement of this section; and
• 2. It will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof.

b) The decision of the Director of Building and Safety shall be appealable to the Planning Commission in the same manner as provided in Section 92.30.11, and to the City Council pursuant to the provisions contained in Article 5 of Chapter 1 of Division 1 of this Code.

c) For purposes of this section, "front yard" means that portion of a lot or parcel of land extending across the full width thereof between the front property line and the front line of the main building, including the exterior side yard of any corner lot when such exterior side yard is not screened by a solid fence or solid wall.

d) For purposes of this section, to "pave" means to cover with stone, asphalt, brick, concrete or any other similar or substantial matter.

e) Nothing contained in this section shall be construed to waive, repeal or amend any other provisions of this Code.

(Added by O-3742)

No person shall use or allow any Vehicle parked or standing upon any residentially zoned property to be used for the purpose of temporary or permanent living without a permit, nor shall any Vehicle be stopped, parked, left standing or encroaching upon any portion of neighboring private properties.

a) For purposes of this section, the term, "living," shall include, but not be limited to, acts of sleeping, cooking, bathing, occupying as a dwelling, or any stay within the Vehicle not directly related to its driving. The following factors may constitute acts of "living" for purposes of this code section: the connecting to sewer, water, electrical systems, and/or the use of a power generator, except during a loading and/or preparation period.

• 1. A loading and/or preparation period for purposes of this section means a period of five days or less within a calendar week, i.e. Sunday through Saturday.
• 2. No more than three nonconsecutive loading and/or preparation periods are permitted in a calendar month.

b) For purposes of sections 92.5.15 through 92.5.23, "Vehicle," means any device, operable or inoperable, with or without wheels, by which any person or property may be propelled, moved, or drawn upon the street or highway, including, but not limited to, automobiles, boats, mobile homes, trailers, house trailers, semitrailers, camp trailers (including tent trailers), unmounted campers, trailer coaches, fifth-wheel travel trailers, recreational vehicles, and/or similar type trailers.

(Added by O-3742)

The use of a Vehicle on residential property for temporary habitation may be permitted if a Temporary Habitation Permit has first been obtained from the Torrance Community Development Department, as set forth in the procedures listed in Section 92.5.18.

a) A Temporary Habitation Permit shall be valid for a maximum of fifteen consecutive days from the date issued, unless fifteen specific consecutive days are requested when the permit is issued.

b) A Temporary Habitation Permit shall not be granted more than five times per calendar year, with a minimum of fifteen consecutive days between the end of one Temporary Habitation Permit and the beginning of the next Temporary Habitation Permit.

(Added by O-3742)

Upon obtaining a valid building permit from the Building and Safety Division of the Torrance Community Development Department, a Temporary Habitation Permit shall be valid for a period of six months. For periods longer than six months, but no more than one year, the Environmental Division of the Torrance Community Development Department may issue an extension under necessary circumstances. All other time periods, emergency permits, or extensions due to unforeseen circumstances shall be reviewed by the Torrance Environmental Quality and Energy Conservation Commission.

a) Construction inactivity or cancellation or completion of the building permit for which the extended Temporary Habitation Permit has been approved will invalidate the Temporary Habitation Permit.

b) For purposes of this section, "construction inactivity" is defined as a lack of formal request for inspection within a ninety-day period.

c) Chapter 2 of this Division notwithstanding, the use of a Vehicle for living purposes on a single-family property existing on the adoption date of this ordinance, shall be prohibited six months from the date of adoption unless expressly authorized in this Division.

(Added by O-3742)

The Director of the Community Development Department or designee is authorized to issue Temporary Habitation Permits, pursuant to the following:

a) Each person desiring a Temporary Habitation Permit shall file with the Community Development Department a completed city application form containing the following:

• 1. The name, address, and phone number of the registered owner of the Vehicle;
• 2. The name, address, and phone number of applicant for the Temporary Habitation Permit;
• 3. The license number, make, and model of the designated Vehicle;
• 4. The dates for which the permit is requested;
• 5. The dates and duration of any and all Temporary Habitation Permits issued to the residence during the current calendar year;
• 6. The applicant must sign the application under penalty of perjury;

7. Temporary Habitation Permits issued and approved by the Community Development Department shall include the license plate number of the designated Vehicle, the date of issuance, and the date of its expiration;

8. Temporary Habitation Permits shall be displayed on the lower portion of the windshield (driver’s side) or nearest window of the Vehicle so that it is clearly visible from the exterior of the Vehicle. If applicable, i.e., there are no windows, the Temporary Habitation Permit shall be displayed where it is visible from the street, which is usually the left side of the Vehicle;

9. The Director of Community Development Department or his or her designee is authorized to set up a Temporary Habitation Permit call-in phone number or internet processing system.

(Added by O-3742)

Temporary Habitation Permits will be issued without any fees.

(Added by O-3742)

A Temporary Habitation Permit must be denied if the Community Development Director or designee finds that:

a) The proposed location is not on the Property of the applicant or the person the applicant is visiting;

b) The out-of-town visitor is not a guest of the resident; or

c) Information submitted by the applicant is materially false.

(Added by O-3742)

• a) Any person who violates any provision in this Article is guilty of a misdemeanor and will be subject to citation.

• b) Every person who forges, alters or counterfeits a Temporary Habitation Permit is guilty of a misdemeanor.

c) Every person who uses a Vehicle for the purposes of habitation, without a valid Temporary Habitation Permit, is guilty of a misdemeanor.

(Added by O-3742) The prohibitions in Sections 92.5.15 through 92.5.23 shall not apply to the habitation of a Vehicle during the pendency of any state of emergency declared to exist within the City of Torrance by the City Council.

(Added by O-3742) a) The prohibitions in Sections 92.5.15 through 92.5.23 will apply at all times, or at those times specified. b) The time limitations within Sections 92.5.15 through 92.5.23 will not relieve any person from the duty to observe other and more restrictive provisions of the California Penal Code, California Vehicle Code or the Torrance Municipal Code prohibiting or limiting the use of Vehicles for temporary or permanent habitation. c) Nothing in Sections 92.5.15 through 92.5.23 will be construed to permit Vehicle habitation on a public street as prohibited by Section 61.6.31 of the Torrance Municipal Code.