Article 1 — GENERAL

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.

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.

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.

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.

(Amended by O-3937)

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 or other form of discretionary approval, by whatever name, is granted, specific monetary and nonmonetary 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 other mitigation measures, 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.

5. In addition to the broad categories of approving conditions described above, the Applicant, or the real property which is the subject of the Application and one or more of the approvals described above (the “Property”), may be required to locate or annex the Property in a Community Facilities District (“CFD”) as provided by the Mello-Roos Community Facilities Act of 1982, one or more assessment districts (“Assessment District”), or other form of lawful financing district or platform which are designed, individually or collectively, to fund capital improvements and services which are determined by the review authority to be appropriate pursuant to the standards set forth in this provision of the Torrance Municipal Code and any other lawful enactment, whether by ordinance, resolution, or other lawful action of the City. The terms and conditions of the CFD, the Assessment District, or other financing district or platform shall be determined by the review authority. The Property shall be subject to any and all conditions imposed by the CFD, the Assessment District, or other financing district or platform including, without limitation, any Special Tax, any Assessment, or any other financial charge or lien.

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.

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.

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.

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.

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.