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
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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
It is recommended that the City Council adopt Urgency Ordinance No. 811.
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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
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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
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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
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