Ordinance No. 521 - Condominium Construction ProjectORDINANCE NO. 521
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD CREATING
A MORATORIUM ON THE APPROVAL OF
ANY CONDOMINIUM CONSTRUCTION PROJECT
WITHIN THE CITY OF ROSEMEAD AND
DECLARING THE PRESENCE OF AN
EMERGENCY
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. A moratorium is hereby placed.on the
approval o any tentative tract map for condominium purposes and
any condominium permit (Section 9106.20, Rosemead Municipal Code) if,
the application therefore is not presently pending before the
City Council or Planning Commission.
SECTION 2. It is the intent of the City Council, along
with the P ann3ng Commission, to review the experience with
• existing condominium units in the City to determine whether
standards of development for condominiums should be changed to
reflect different conditions presently existing in the community.
SECTION 3. This Council finds and determines that the
moratorium must be imposed in order to preserve the public health
and safety of all.prospective buyers or renters of such condomin-
ium projects as are affected by this ordinance, as well as to
protect all the citizens of Rosemead by preserving and improving
the aesthetic and environmental conditions of their City for a
period sufficient to allow the City to review a comprehensive
zoning ordinance pertaining.to condominiums.
SECTION 4. Any provision of the Rosemead Municipal
Code inconsistent herewith, to the extent of such inconsistencies
and no further, is hereby suspended for the type of construction
. described herein during the moratorium period.
SECTION 5. If any provision of this ordinance is held
to be unconstitutional, it is the intent of the City Council that
such portion of this ordinance be severable from the remainder and
that the remainder be given full force and effect.
SECTION 6. The City Council may grant a variance from
the provisionT s o his moratorium ordinance upon recommendation
of the Planning Commission, subject to a finding of the following:
A. The strict application of the provisions of the
moratorium to a particular condominium project would result in
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practical difficulties or unnecessary hardships incon-
sistent with the general purpose and intent of the
moratorium;
B. That there are exceptional circumstances or
conditions applicable to this condominium project
that do not apply generally to the other projects
covered by this moratorium; and
C. That the granting of a variance would not
be materially detrimental to the public welfare as
defined above.
SECTION 7. Under no circumstance is this ordinance to
be interpreted to apply-to any project which has already received
approval by the Planning Commission or the City Council.
SECTION 8. This ordinance is declared to be an
emergency measure adopted pursuant to the provisions of Govern-
ment Code § 65858 and is necessary for preserving the public
peace, health, or safety, and the urgency for its adoption is
as set forth in the findings above.
SECTION 9. This ordinance shall take effect and be in
• full force immediately after the passage and adoption thereof and
shall remain in effect for four months from the date of adoption.
SECTION 10. The City Clerk will certify to the passage
and adoption~tTls ordinance and shall cause the same to be
posted in the manner required by law.
PASSED, APPROVED, and ADOPTED this 10th day of
November, 1980.
R
ATTEST:
CITY CLERK
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