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CC - Approving Ordinance 819 - Box 065l I TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL `, FROM: KRANK G. TRIPEPI, CITY MANAGER DATE: NOVEMBER 6, 2000 SUBJECT: ORDINANCE NO. 819— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 811 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR GARMENT MANUFACTURING PROCESSING OR ASSEMBLING IN THE M -1 ZONE BACKGROUND On August 8, 2000 the City Council adopted Ordinance No. 811 which imposed a 45 -day moratorium on the issuance of any permits or entitlements authorizing the establishment of any new garment manufacturing, processing, or assembling, including sewing and cutting operations in the M -1 zone. Ordinance No. 811 was adopted as an urgency ordinance and was put in place for 45 days. Prior to the expiration of the 45 day period, the City Council adopted Ordinance No. 812. Ordinance 812 extended the moratorium for an additional 10 months and 15 days. This extension expires on August 7, 2001. Staff is recommending that the City Council extend this moratorium for an additional twelve months to allow staff additional time to research issues related to the garment manufacturing industry. DISCUSSION Following the adoption of the moratorium, the Planning Department contracted with a part-time code enforcement officer to conduct inspections of the City's existing garment manufacturing businesses. These inspections were conducted from September 2000 to April, 2001. Planning Department staff also conducted a survey of surrounding cities to analyze how other jurisdictions monitor garment businesses under their zoning ordinances. The problems associated with monitoring the thirty seven (37) garment businesses within the City boundaries include the following: < DUNCIL, AGENDA JUL 10 2001 ITEM No. — • �b Ordinance No. 819 Page 1 of 2 1. High turnover rate of business owners without City notification. 2. Fluctuation of the size of contracts owners sign with clients which increases and decreases the number of employees throughout the year. 3. Lack of permits obtained for electrical and other construction related activities Staff has spent the past 10 months clearing up case files with the correct business owner information and has also processed two "relief from ordinance" requests for businesses that were not previously approved to operate at their subject locations. Staff finds that the extension of Ordinance 811 will serve to allow additional time to analyze the conditions and impacts of garment manufacturing businesses within the City. RECOMMENDATION Staff recommends that the City Council introduce, and place Ordinance No. 819 on first reading and schedule the item for a 2nd reading at the meeting of July 24, 2001. EXHIBITS: A. Ordinance No.812 B. Ordinance No 81I C. City Map of Garment Factory Locations D. Survey of adjacent Cities Zoning Requirements ORDINANCE NO. 819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 811 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR GARMENT MANUFACTURING, PROCESSING OR ASSEMBLING IN THE M -1 ZONE THE CITY COUNCIL OF THE. CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds, determines and declares: (A) On August 8, 2000 the City Council considered and passed Ordinance No. 811 which imposed a 45 -day moratorium on the issuance of any permits or entitlements authorizing the establishment of any new garment manufacturing, processing, or assembling, including sewing and cutting operations in the M -1 zone; and (B) In order to continue Ordinance No. 811 in effect it is necessary to adopt this Ordinance extending Ordinance No. 811 for an additional twelve months; and (C) On July 10, 2001 the City Council conducted a duly noticed public hearing regarding the proposed extension of the moratorium imposed by Ordinance No. 811; and (D) The City Council has received a report from the city staff that recommends that the moratorium be continued for an additional twelve months to allow for Planning Department and Planning Commission review and recommendations to the City Council. SECTION 2. Ordinance No. 811, duly adopted by the City Council on August 8, 2000 is hereby extended for the period of twelve months. The moratorium extended by this ordinance shall expire on July 10, 2002 unless sooner repealed by the City Council. SECTION 3. The City Council hereby finds that there exists a current and immediate threat to the public safety, health and welfare should this interim ordinance not be enacted to extend Ordinance No. 811 in that the lack of current development regulations for garment manufacturing uses is a current and immediate threat to the public safety, health and welfare, and the approval of permits for such uses, without proper regulations regarding the siting and development of such uses, would result in a threat to the public safety, health and welfare. SECTION 4. 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. * * * * * * * * * * ** PASSED, APPROVED and ADOPTED this 10th day of July, 2001. ATTEST: City Clerk Mayor SENT BY: WALLIN KRESS REISMAN 3:46PM : (310) 450 -0506- (326 30, 921A:u 21 3 ORDINANCE NO. 812 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 811 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR GARMENT MANUFACTURING, PROCESSING OR ASSEMBLING IN THE M -1 ZONE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds, determines and declares: (A) On August 8, 2000 the City Council considered and passed Ordinance'No. 811 which imposed a 45 -day moratorium on the issuance of any permits or entitlements authorizing the establishment of any new garment manufacturing, processing, or assembling, including sewing and cutting operations in the M -1 zone:. and (B) In order to continue Ordinance No. 811 in effect it is necessary to adopt this Ordinance extending Ordinance No. 811 for an additional ten months and fifteen days; and (C) On September 12, 2000 the City Council conducted a duly noticed public hearing regarding the proposed extension of the moratori urn imposed by Ordinance No. 81 1: and (D) The City Council has received a report from the city staff that reconnnends that the moratorium be continued for an additional ten months and fifteen days to allow for Planting Department and Planning Commission review and recommendations to the City Council. SECTION 2. Ordinance No. 811, duly adopted by the City Council on August 8, 2000 is hereby extended for the period of ten months and fifteen days. The moratorium extended by this SENT BY: N:4LLIN KRESS REISMAN : l -16- 0 . 3:4 -PM (3101 450 -0511r ;- 921%;:# 3; 3 ordinance shall expire on August 7,2001 unless sooner repealed by the City Council. SECTION 3. The City Council hereby finds that there exists a current and immediate threat to the public safety, health and welfare should this interim ordinance not be enacted to extend Ordinance No. 811 in that the lack of current development regulations for garment manufacturing uses is a current and immediate threat to the public safety, health and welfare, emd the approval of permits for such uses, without proper regulations regarding the siting and development of such uses, would. result in a threat to the public safety, health and welfare. SECTION 4. If any provision of this ordinance is held to be unconstitutional, it is the intent of the Citv Council that such portion of this ordinance be severable from the remainder and that the remainder be given full force and effect. PASSED. APPROVED and ADOPTED this 12th day of September, 2000. ATTEST: City Clerk 2 Mayor *i TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL FROM: `1�RANK G. TRIPEPI, CITY MANAGERI' Y DATE: AUGUST 1, 2000 SUBJECT: ORDINANCE NO. 811 —AN URGENCY ORDINANCE OF THE CITY OF ROSEMEAD IMPOSING A 45 -DAY MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR OTHER ENTITLEMENTS FOR GARMENT MANUFACTURING, PROCESSING OR ASSEMBLING IN THE M -1 ZONE AND DIRECTING THE PLANNING DEPARMENT TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES The City of Rosemead currently has approximately forty garment manufacturing businesses operating within the City boundaries. Thirty -four of these businesses are operating under conditional use permits (CUPS). The remaining six businesses are legal non - conforming businesses that have been in existence, prior to ordinance number 6i9 that was adopted on January 26, 1988. This ordinance allows garment manufacturing, processing, or assembling, including sewing and cutting operations in the M -1 zone, pursuant to the granting of a conditional use permit, by the Planning Commission. The Planning Commission and Planning Department staff periodically inspect each of the locations that have a CUP. These inspections are conducted due to the fact that CUP's are issued by the Planning Commission for a set time period. These time periods are generally approved for one to two years. The short time periods have been set by the Commission due to problems with garment business operators inability to adhere to the conditions as set forth the in conditions of approval. Typically, the conditions that are not being followed include: exceeding the maximum number of employees allowed based upon COUNCIL AGENDA. AJG Q 8 2000 REM No. .. e 2/5 parking requirements; storage of materials and cleanliness of the interior work space; overall maintenance of the industrial and commercial centers within which they operate; changes of ownership that are not reported to the City; lack of current health department and state garment manufacturing licenses and inadequate identification signage. The nature of the garment industry makes it difficult for staff to monitor the number of employees operating at a site. As new contracts are secured by businesses, the number of on site employees changes month by month. It is an arduous task for the City's code enforcement officer and or planning staff to visit each factory to inspect all of the conditions as set by the Planning Commission. Because the entire eastern portion of Garvey Avenue is zoned M -1; Light Manufacturing and Industrial, there are many properties that allow garment manufacturing businesses. There are a large number of multi- tenant industrial and commercial centers that have garment factories operating out of single or multiple tenant suites. It is recommended that the City Council direct the Planning Department to study the zoning issues related to this type of use and recommend any changes to the zoning ordinance, if warranted. Also staff will work with the State Department of Industrial Relations to monitor the existing businesses. RECOMMENDATION It is recommended that the City Council adopt Urgency Ordinance No. 811. 3/5 ORDINANCE NO. 67-1 PTV URGENCY ORDINANCE 0= T-4E C-,7-,' Gc' 7--:- 07 ROSEMEP� IMPOSING A 45 -DPY MORATORSUM ON _ == _ScliP C= OF ''1V. P??MT7C OR OTHER ENTITLEMENTS FOR Gr RNEN'T PROCESSING OR PSCE.MSL 7NC- 7N THE M -_ ZONE 2L-ND DIRECTING THE PLAIVIVINC DE ?PJ2TMENT TO INITIP.TE A STUDY WITS RESPECT TO .DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES THE CITY COLNCII OF THE CIT': OF F.OSE ? ✓EAD DOES ORDAIN AS FOLLOWS: : Section ? Wn -!e this orci.P.ance remains in EffECt, no conditional use permits, b'_ildinc Permits, C=sion rc•v -y ews or other Entitlements author i Z'_ ng the ESt abl i- shment Of a. ^.V new carment manlifact,Liring, processing, or assem}Jling, inCllldi ng Sewinc and Cutting..OLera -ions, shall be issued and no aDDlication for such - .ermit (s) shall be acce ,ted. S °- Ct_OP. 2. Pursuant to the brovisions of Secz -or, EEEiS Of the Government Co6e of t'.e ..tale Of California, =..i_5 _5 an ..rcencV = ..terim ZOninc ordinar-ce. _..ls orcinan.ce s2'n.al11 tal: °_. effect - mmea- a:-ely and shall- exp -re forty-five (LE) V.=..VD thereafter L'S!_1 °_SS ext -ended by the City Council after nctice an.3 public hearinC. The facts Cons utUt ing the cur--a-r-7 and 1mme4 -. ate threat to the public welfare necessitating an urgency ordinance 4/5 are as follows, The City Council _ -nds and Qe_erm. -nee that the moratorium imposed by this crdinance is enacted to ,protect and preserve the public health, safety and welfare of the local business community and residents of the community penaing compietion.of a Planning Department review of this subject" The Council has received repor Ls regarding heal:',, safety and welfare issues at exlstino garment manL_acturing businesses an,n. wishes to review the regLlations foj =he5e businesses before permitting additional D':lsinesses to be established. The City wishes to review the 'i eg',Ilatory framework in which to consider the proper location and d=evelopment standards for such facilities. The lack of regulations is a current and immediate threat to the public welfare, and the approval of permits T_or such uses without proper revf w woild Iesult .:1 G 2: e at Ld the public welfare_. Section I. The City Council mFy grant r--lief from the provisions o- this moratorium ordinance upon recommendar -- OL the ?_canning CommissiOn, sL',ject to a finding of the foll-owing: The strict appll cation of the pirovls_oris of the me atcrittm to a -parr cular ^roject wOu -Id result in practical flifficulties or unnece=_sary hardships y ncons_szent with t.nie ceneral "J11rLi.^,Ce and 1n Len'- C t}-:C moratorium; ana 2 5/5 2 That thcrE are eX^_eoti oral circumstances, or con. di a ons aDDl iCBbl °_ t0 the development that do not aDDIV generally to ___t other projects covered by this moratorjum; and That the gra%uBC o: an excepciDn WoL'1C not be materially detrimental to the oublic welfare as ^_ef incC above. ... .. Se ct_o?i 4. if any Drovision of this ordinance is ;held to be unconsti 2Lltional s the intent Of the City Council that slch portion of this ordinance be severable from the remainder and that the remainder be given full force and effect. Section 5. Tne Planning Department is hereby directe6 t0 commence a study and to make recommendations it deems necessary to strengthen the City's ability to scrutinize applications for the establishment of garment manufacturing, processing, or assembling, including sewing and Cutting operations. Section 6. The Ci t'v Clerk shall certify to the adGDtiG'n Of this Ordinance. P7,SSED, APPROVED and kDOPTED this 6th day of Fuaj-,st, 2000. LTTE' jT: City Cler 3 N lavC, r a� Ld .O. t O O W C C.� w N C.3 IN d o d e m o w 0 0 v o v m o 0 0 r 0 :n as u m T O O d F y C_ 0 0 0 2 z z z O p 0 0 O y 7 ° Q E v `o TA 0 •' z. �.. .- d o . F m 3 N dy ss. � C N � Vl �. 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