CC - Item III.C - Urgency Ordinance Of The City Of RosmeadTO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: VJI~NK G. TRIPEPI, CITY MANAGERI'
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 nave been in existence, prior to ordinance number 619 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
AUG p 8 2000
ITEM No. e
staf epor
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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
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It is recommended that the City Council adopt Urgency Ordinance No. 811.
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ORDINANCE NO. 811
PN URGENCY ORDINANCE OF THE CITY COU-NCIL OF
THE CITY OF ROSEMEAD IMPOSING A 45-DAY
MORATORIUM ON THE ISSUPNCE OF ANY PERMITS OR
OTHER ENTITLEMENTS FOR GARMENT MANUFACTURING,
PROCESSING OR ASSEMBLING IN THE M-1 ZONE AND
DIRECTING THE PLANNING DEPARTMENT TO INITIATE
A STUDY WITH RESPECT TO DEVELOPING
APPROPRIATE ZONING REGULATIONS GOVERNING SUCH
USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. While this ordinance remains in effect, no
conditional use permits, building permits, design reviews or
other entitlements authorizing the establishment of any new
garment manufacturing, processing, or assembling, including
sewing and cutting..operatzons, shall he issued and no application
for such permit(s) shall be accepted.
Section 2. Pu'rs'uant to the orovisions of Section E5B58 of
the Government Code of the State of California, fthis is an
urgency interim zoning ordinance. This ordinance shall take
effect immediately and shall expire forty-five (45) days
thereafter unless extended by the City Council after notice and
public hearing. The facts constituting the current and immediate
threat to the public welfare necessitating an urgency ordinance
are as follows:
The City Council finds and determines that the
moratorium imposed by this ordinance is enacted to
protect and preserve the public health, safety and
welfare of the local business community and residents
of the community pending completion of a Planning
Department review of this subject. The Council has
received reports regarding health, safety and welfare
issues at existing garment manufacturing businesses and
wishes to review the regulations for these businesses
before permitting additional businesses to be
established. The City wishes to review the regulatory
framework in which to consider the proper location and
development standards for such facilities. The lack of
regulations is a current and immediate threat to the
public welfare, and the approval of permits for such
uses without proper review would result in a threat to
the public welfare.
Sec*-ion 3. The City Council may grant relief from the
provisions of this moratorium ordinance upon recommendation of
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the Planning Commission, subject to a finding of the following:
1. The strict application of the provisions of
the moratorium to a particular project would result in
practical difficulties or unnecessary hardships
inconsistent with the general purpose and intent of the
moratorium; and
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2. That there are exceptional circumstances or
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conditions applicable to the development that do not apply
generally to the other projects covered by this moratorium;
and
3. That the granting of an exception would not be
materially detrimental to the public welfare as defined
above.
Section 4. ?f 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 5. The Planning Department is hereby directed to
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
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assembling, including sewing and cutting operations.
Section 5. The City Clerk shall certify to the adoption of
this Ordinance.
PASSED, APPROVED and ADOPTED this Sth day of August,
2000.
N,ayor
ATTEST:
ty Cle
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