Ordinance No. 476 - Development or Conversion of Condominiums.'_
CITY OF ROSEMEAD
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE N0. 476
AN ORDINANCE OF THE CITY COUNCIL
OF THE ,CITY OF ROSEMEAD CREATING
A MORATORIUM ON THE DEVELOPMENT
OR CONVERSION OF CONDOMINIUM
PROJECTS~WITHIN THE CITY OF
ROSEMEAD, AND DECLARING-THE
URGENCY THEREOF
SECTION 1. A moratorium is hereby placed on
the development of, or conversion of any apartment house
into a condominium or community apartment project within
all zone classifications within the City of Rosemead.
SECTION 2. It is the intent of the City of
Rosemead for purposes of this emergency zoning ordinance to
• treat condominium projects differently from apartment building
projects (and similar structures) due to the different demands
the two type of projects place upon the City.
For the purposes of this ordinance, the following
definitions shall apply:
"Community Apartment Projects": A project in
which an undivided interest in the land is coupled
with the right of exclusive occupancy of any apart-
ment located thereon. For the purposes of this
ordinance, community apartment projects will be
subject to the same restrictions and conditions as
condominium projects.
"Condominium": An estate in real-property
consisting of an undivided interest in common in
a portion of a parcel of real property together
with a.separate interest in space in real property,
such as a residence,,apartment, apartment house,
' office or offices, store or stores. A condo-
minium may include in addition a separate interest
in other portions of such real property.
' "Condominium Projects": The entire parcel of
real property divided, or to be divided, into
condominiums, including all structures thereon.
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
condominium projects as are affected by this ordinance, as well
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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 develop a
comprehensive zoning ordinance pertaining to condominiums.
SECTION 4. No tentative map involving a condo-
minium project shall be approved pursuant to the City Subdivision
Ordinance during the period of this moratorium.
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 provisions of this moratorium ordinance upon recom-
mendation of the Planning Commission, subject to a finding of
the following: .
1. 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;
2. 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
3. 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 for which a tentative
map has been approved prior to the effective date of this
ordinance.
• SECTION 8. This ordinance is declared to be an
emergency measure adopted pursuant to the provisions of Govern-
ment Code Section 65858 and is necessary for preserving the
public peace, health, or safety, and the urgency for its
adoption is 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 a period of four months
and during such period all ordinances inconsistent with the
provisions hereof shall be suspended and superseded by this
ordinance; and building inspectors and zoning enforcement
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officers shall. permit no uses inconsistent witri the terms of
this ordinance.
PASSED; APPROVED, AND ADOPTED THIS 8th day of August 1978.
AYES: Councilmen Hunter, Cichy, Tury and Taylor
NOES: None
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ABSENT: Councilman Imperial
ABSTAIN: None
ATTEST:
R
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CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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