Property Rights at Stake in Proposed Moratorium
This coming Tuesday the City Council will consider whether to adopt an urgency ordinance extending a moratorium on alterations and demolitions of structures located within the Original Torrance Tract. The moratorium was first imposed at the January 12, 2016 Council meeting. That moratorium was only in effect for 45 days. The current proposal, however, would extend the moratorium for an additional 10 months and 15 days and requires at least 6 affirmative votes from the Council.
The moratorium will prevent the demolition or exterior modification of any structures while the City undertakes further studies and implements initial steps to develop a Historic Preservation Program. To that end, the Council recently appropriated $50,000 to hire a consultant to assist in the preparation of a historic preservation ordinance.
The staff report identified 5 properties that are currently in process of being modified that would potentially be adversely impacted by extending the moratorium.
The Council is relying upon the authority granted by California Government Code Section 65858 in order to impose the building restrictions. That statute allows for such action in order to protect the public health, safety, and welfare of the community. The proposed ordinance states that allowing additional alterations or demolitions presents “a current and immediate threat to the public health, safety and welfare due to the following reasons:
- Exterior modifications could result in structures that are not compatible with existing residential, industrial, or commercial areas;
- Existing regulations do not require notice to residents prior to making modifications thereby resulting in inadequate public review of potential impacts;
- Need to further evaluate cumulative impacts of property alterations before approving more projects; and the
- Need to complete process of studying Historic Preservation Program that could require review of building permits to ensure any new development is compatible with the architectural character of the neighborhood.
The moratorium would not apply to structures zoned commercial or industrial.



