Torrance Municipal Code Art. 4 Relocation Permit

a) "Person" shall mean and include, except where the context requires a different meaning, an individual, a co-partnership, joint adventurers, a firm, an unincorporated association, a syndicate, a club, a society, a trust and all private or political or charitable or social organizations doing business or existing under and by virtue of any law, as a corporation or otherwise.

b) "Building" shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.

c) "Superintendent of Building" shall mean the Superintendent of Building of the City of Torrance.

d) "Planning Director" shall mean the Planning Director of the City of Torrance.

a) Except as provided in Section 81.4.3., no person shall move onto any premises in the City of Torrance any building or portion thereof without having first obtained from the Superintendent of Building a relocation permit.

b) No person shall move or cause to be moved any building or any portion thereof except as provided in such permit and in this Code.

c) The Superintendent of Building, before issuing such permit, shall require;

1. A written application therefor to be made and filed with the Superintendent of Building wherein the applicant shall set forth such information as the Superintendent of Building shall reasonably require, including, but not limited to, plans and specifications as set forth in Section 301 of the Building Code of the City and photographs of the building to be relocated.

2. Proof of legal authority to occupy and use the proposed location of the building.

3. Proof that the applicant has secured a zoning permit as required by Section 81.4.6

4. A bond as required by Section 81.4.10

5. The fees as required by Section 81.4.18

6. That the applicant sign a statement that he has read the report determining the amount of work required of him, as prescribed by Section 81.4.8. and that he agrees to perform all such work within the time limit fixed therefor.

The provisions of Section 81.4.2. shall not apply to the relocation of the following buildings:

a) A contractor’s tool house, construction building or similar structure which is moved as construction requires.

b) A building which is moved for storage onto a movers lot which lot is a use conforming to the zoning laws of the City and for which use a business license has been issued by the City.

a) No permit shall be issued to relocate any building where:

1. It is so constructed or is in such condition as to be dangerous, infested with pests or unsanitary.

2. If it be a dwelling or habitation, it is unfit for human habitation.

3. It is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm or be materially detrimental to property within a radius of one thousand (1,000) feet from the proposed site.

4. The structure is of a type prohibited, at the proposed location, by any fire code, building code, or any other law.

5. The proposed use is prohibited by the zoning laws of the City.

b) Notwithstanding the provisions of subsection a) above, if in the judgment of the Superintendent of Building, the condition of the building admits of practicable and effective repairs, and if the proposed use is not prohibited by the zoning laws of the City, the permit may be issued upon such conditions as will insure such repair, but if the condition of the building is such that correction cannot practicably and effectively be made, the permit shall be denied.

a) Upon the receipt of the application and relocation inspection fee as required by Section 81.4.18., the Superintendent of Building shall inspect the building to be relocated to determine:

1. Whether such permit may be issued in compliance with this Code and other applicable laws.

2. The amount of the work required after relocation to obtain compliance with the provisions of this Code.

3. The valuation of such work.

4. The time necessary therefor.

5. Any other matters necessary to insure compliance with the provisions of this Code.

b) Notwithstanding the above provision of subsection a), the Superintendent of Building shall not be required to travel beyond the boundaries of Los Angeles and of Orange Counties in order to inspect the building to be relocated.

(Amended by O-1746; O-1749)

Before a relocation permit shall be issued, the applicant shall obtain a zoning permit from the Planning Director, the Planning Commission or the City Council as provided herein. The application for a zoning permit shall be filed with the Planning Director. It shall be accompanied by a fee of Fifteen Dollars ($15.00), together with such information as may be required by the Planning Director.

(Amended by O-1746; O-1749)

A zoning permit shall be granted by the Planning Director only after a notice of the application therefor has been posted in at least six (6) public places, and notice has been mailed to all owners of property as shown on the last equalized assessment roll, within three hundred (300) feet from the contemplated location of the building to be relocated at least ten (10) days prior to the date of hearing. The notice shall contain the present and contemplated location of such building and a statement that a protest may be filed with the Planning Director within seven (7) days after posting.

(Amended by O-1746; O-1749)

a) Except as provided in Section 81.4.9., the Planning Director shall grant the zoning permit if, in his judgment, the building when placed in its contemplated location:

1. Will not violate any applicable law; and

2. Will meet the requirements of this Code for the construction of new buildings for the applicable land use and fire zones, including but not limited to, the requirements contained in Division 9, the Building Code and the Fire Prevention Code; and

3. Will have a monetary value equal to or greater than the monetary value of all other buildings of the same type within three hundred (300) feet in every direction from such location; and

4. Will be in harmony with size, quality, design and appearance of all other buildings of the same type within three hundred (300) feet in every direction from such location which have been constructed within the ten (10) year period immediately preceding the filing of the application.

(Amended by O-1746; O-1749)

a) The provisions of this Section (rather than the provisions of Section 81.4.8.) shall apply to any building which was originally designed and which will be used when relocated for a nonresidential use. Such a building is referred to herein as a "nonresidential building."

b) The Planning Director shall grant the zoning permit if, in his judgment, the nonresidential building, when placed in its contemplated location:

1. Will not violate any applicable law; and

2. Will meet the requirements of this Code for the construction of new buildings for the applicable land use and fire zones, including but not limited to, the requirements contained in Division 9, the Building Code, and the Fire Prevention Code; and

3. Will be in harmony with the quality, design and appearance of all other buildings of the same type existing and proposed within three hundred (300) feet in every direction from such location which have been constructed within the ten (10) year period immediately preceding the filing of the application.

(Amended by O-1746; O-1749)

a) In granting any relocation permit, the Superintendent of Building may impose such conditions thereon, in addition to those otherwise provided herein, as are reasonable, including, but not limited to, the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be a hazard to life or property.

b) As condition of the permit, the Superintendent of Building shall set a time limit for the work to be completed thereunder. Unless otherwise specified, the time limit shall be ninety (90) days.

c) If a permit is granted pursuant to the provisions of either Section 81.4.8. or Section 81.4.9., the Planning Director may impose thereon such conditions as he may deem necessary and desirable for the best interests of the City.

Nothing contained in this Article shall be construed to repeal or amend any provisions of Division 9 of this Code.

(Amended by O-1746; O-1749)

a) A protest to the granting of the zoning permit may be filed within said seven (7) day period by the owner, lessee or other person having the right to possession of any parcel of land within three hundred (300) feet from the contemplated location of the building to be relocated. In the event such a protest is filed, a public hearing on the application shall be held by the Planning Commission as provided in Section 81.4.13

b) In the event that the Planning Director shall deny the application for a zoning permit, the applicant may file a protest thereto with the Planning Director within seven (7) days after denial. In the event such a protest is filed, a public hearing on the application shall be held by the Planning Commission as provided in Section 81.4.13

(Amended by O-1746; O-1749)

The hearing on the application shall be held by the Planning Commission and notice thereof shall be given in the same manner as provided for a hearing on an application for a Conditional Use Permit in Chapter 5 of Division 9. After the conclusion of the hearing, the Planning Commission shall deny or grant the application in whole or in part. In making such determination, the Planning Commission shall use the criteria set forth in Sections 81.4.8. and 81.4.9. If the permit is granted, the Planning Commission may impose thereon such conditions as it may deem necessary and desirable for the best interests of the City.

(Amended by O-1746; O-1749; 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.

Before a relocation permit shall be issued, the applicant shall file with the Superintendent of Building a bond executed by the applicant and by a corporate surety licensed to do business as a surety in the State of California in an amount equal to the valuation plus ten (10) percent thereof of the work required to be done under such permit, or in lieu thereof, the applicant shall file with the Superintendent of Building a written promise to perform the conditions required to be contained in such bonds as set forth in Section 81.4.17., accompanied by a cash deposit equal to the valuation of the work required to be done under such permit, plus ten (10) percent thereof.

a) Every building bond shall contain the conditions that the permittee shall:

1. Comply with the Code of the City of Torrance and all other applicable laws.

2. Comply with all of the terms and conditions of the permit to the satisfaction of the Superintendent of Building.

3. Faithfully perform all of the work contemplated under the permit.

4. Complete all of the work contemplated under the permit within the time limit specified therein, and that an extension thereof by the Superintendent of Building shall not release the surety upon the bond

The term of each bond shall begin upon the date of filing with the Superintendent of Building and shall remain in effect until the completion of the work to the satisfaction of the Superintendent of Building.

In the event of failure to complete the work or failure to comply with all of the conditions and terms of the permit, the Superintendent of Building shall send notice of such default to the principal and to the surety, or to the person making such deposit in lieu of bond and may order the work to be completed as required by the permit and to his satisfaction within such period of time as deemed by him to be reasonably necessary therefor In such event, the surety executing such bond or the person making such deposit shall continue to be liable for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all of such required work to be done, and said surety or depositor by posting such bond or deposit assents to any lawful extensions of time within which to construct and complete such work.

a) If such default is not cured within the time limit specified in said notice, the surety, in lieu of completing the work required, shall have the option to demolish the subject building and to clear, clean and restore the site. If the surety defaults, the Superintendent of Building shall have the same option.

b) In the event a cash deposit is posted and such default has not been cured within the time limit specified in said notice, the Superintendent of Building shall proceed without delay and without further notice to use the cash deposit or any portion of such deposit to complete the work required or, in his discretion, to demolish the subject building and to clear, clean and restore the site. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor after deducting the cost of the work plus ten (10) percent thereof for overhead expenses.

a) Every relocation permit shall expire and be void:

1. Sixty (60) days after the date of the permit unless the building to be moved thereunder shall have been moved onto the new site and reconstruction work shall have been commenced.

2. On the expiration date of the permit as established by Section 81.4.10. unless the work to be done thereunder shall have been completed thereby.

3. Whenever the work to be done thereunder shall have been suspended for a period of sixty (60) days or more.

b) The Superintendent of Building may grant extension of time for periods not to exceed sixty (60) days whenever, in his opinion, good cause exists therefor.

c) After a permit has expired, no further work shall be done thereunder unless it has been renewed. The fee required for renewal shall be the fee required for the original permit.

The permittee shall serve upon the Superintendent of Building notice of his completion of the movement of the subject building within twenty-four (24) hours thereafter.

a) The relocation of any building, other than its movement on the City streets or other public place, shall be done under the supervision of the Superintendent of Building. Any such relocation work done without inspection and approval by the Superintendent of Building is hereby declared to be a public nuisance and shall be subject to rejection and abatement as a public nuisance.

b) The Superintendent of Building, the surety, their authorized representatives and any person employed or engaged in their behalf shall have access to the premises described in the relocation permit and to any buildings thereon.

c) No person shall in any way hinder, prevent or interfere with the Superintendent of Building, the surety, their authorized representatives or any persons employed or engaged in their behalf in the exercise of the rights conferred by this Code.

d) In the event of default in the performance of any term or condition of the relocation permit, the Superintendent of Building, the surety, their authorized representatives and any persons employed or engaged in their behalf, shall have access to the premises and to any building thereon in order to complete the required work.

a) On filing an application as required by Section 81.4.2., there shall be paid to the Superintendent of Building, the sum of Thirty Dollars ($30.00) for a relocation inspection fee for each building to be relocated; provided, however, that when a main building and buildings accessory thereto are to be moved from the same location to the same new location, the fee shall be Thirty Dollars ($30.00) for each main building, plus Ten Dollars ($10.00) for each accessory building and, provided further, that when the building to be relocated is to be moved from a location more than ten (10) miles distant from the Torrance City Hall, the amount of such fee shall be increased One Dollar ($1.00) for each main building and One Dollar ($1.00) for each accessory building per each such mile in excess of ten (10).

b) When plans or specifications are required as provided in Section 81.4.2., there shall be paid to the Superintendent of Building, concurrently with payment of the relocation inspection fee, a plan check fee as provided in Section 303(b) of the Building Code of the City, as amended.

c) Before the relocation permit is issued, there shall be paid to the Superintendent of Building, a building permit fee in the amount provided therefor in Section 303(a) of the Building Code of the City, as amended.

Any person engaged in such relocation work shall at all times while such work is in progress keep affixed to the building being relocated, the original permit for such work or a record of the permit number, and at all times when requested to do so shall exhibit the same to the Superintendent of Building or any of his inspectors or employees or to any police officer of the City of Torrance.