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Ordinance No. 524 - Condominium Construction ProjectORDINANCE NO. 524 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING 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. Recitals: The City Council hereby finds, determines and declares as follows: A. On November 10, 1980, the City Council enacted Ordinance No. 521, establishing a moratorium on the approval of condominium construction projects pending a revision of regulations; and B. that since the enactment of said Ordinance No. 521, the Planning Commission and staff have conducted numerous study sessions to gather information toward the end of establishing effective and reasonable controls on the construction of condominiums in the City; and • C. that is necessary to extend the moratorium for a period not to exceed 120 days in order to give the Planning Commission and City Council sufficient time to conduct the required public hearings; and D. that a duly noticed public hearing was conducted on February 24, 1981, for the purpose of consideration of an extension of the moratorium imposed by Ordinance No. 521. SECTION 2. The moratorium is hereby continued for a period of 120 days, unless sooner terminated by an Ordinance of the City Council on the approval of any tentative tract map or parcel map for condomium purposes and any condominium permit (Section 9106.20, Rosemead Municipal Code) if the application therefor was not pending before the City Council or Planning Commission as of November 10, 1980. SECTION 3. It is the intent of the City Council, along with the Planning 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 4. 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 condominium 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. 1. SECTION 5. 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 6. 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 7. The City Council may grant a variance from the provisions of this 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 practical difficulties or unnecessary hardships inconsistent 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 8. 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 9. This Ordinance is declared to be an emergency measure adopted pursuant to the provisions of Government 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 10. 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 11. The City Clerk will certify to the passage and adoption of this Ordinance and shall cause the same to be posted in the manner required by law. PASSED, APPROVED and ADOPTED THIS 24th day of February, 1981:.. MAYOR ATTEST: CITY CLERK 2.