Ordinance No. 532 - Condominium Construction ProjectAN 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 Or-
dinance No. 521, establishing a.,moratorium on'the:approval,.of
condominium construction projects pending a revision of
regulations; and
B. On November 24, 1980, the City Council enacted Ordinance
No. 524; extending the moratorium for a period of 120 days in
order to give the Planning Commission and City Council sufficient
time to conduct public hearings.
C. Since the enactment of said Ordinance No. 521, the
District Superintendent of Garvey School District has represented
that"an overcrowding condition exists within schools serving the
• City of Rosemead.
D. There presently exists serious and unresolved questions
and issues regarding the private water service capabilities within
the City of Rosemead..
E." That it is necessary to extend the moratorium for a
period not to exceed 365 days, or one year, in order to give the
Planning Commission and City Council.sufficient time to conduct
the necessary studies and required public hearings; and
F. That a duly noticed public hearing was considered on
June,23, 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 one
• year, unless sooner terminated by an Ordinance of the City Council on
the approval of any tentative tract map or parcel map for condominium
purposes and any condominium permit (Section 9106.20,'Rosemead Municipal
Code) if the application' therefore 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 communit.y,'and to review relevant conditions effecting
schools and water services.
SECTION 4. This,Council finds and determines that the moratorium
must be imposed in order, to preserve th'e-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 and'
related public services.
SECTION 5. Any provision of the Rosemead Muni'cipai Code inconsis-
tent 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 provisions of this Ordinance are 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. Under no circumstances is this Ordinance to be
interpreted to apply to any project which has already received approval
by the Planning Commission or City Council.
SECTION 8. 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 9. This Ordinance shall take effect and be in full force
immediately after the passage and adoption thereof and shall remain in
effect for one year from the date of adoption.
SECTION 10. 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 23rd day of :June 1981
• CITY CLERK