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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 ;v 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 2/5 It is recommended that the City Council adopt Urgency Ordinance No. 811. 3/5 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 4/5 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 2 2. That there are exceptional circumstances or 5/5 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 11 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 3