CC - Item II. A Extending Ordinance No. 811 Imposed A moratorium on the Issuance of Any Permit11
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL r
FROM: FRANK G. TRIPEPI, CITY MANAGER �4�
DATE: SEPTEMBER 6, 2000
SUBJECT: 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
Ordinance No. 812 has been drafted to extend Urgency Ordinance No. 811, which was
adopted by the City Council on August 8, 2000. This urgency ordinance was adopted to
allow staff sufficient time to study the existing Conditional Use Permits (CUP's) and their
attached conditions for garment manufacturing businesses. Staff recommends that the City
Council adopt this moratorium extension for an additional ten months fifteen days, to
allow Planning Department staff additional time to investigate the appropriateness of, and
adherence to, the conditions of approval for existing garment manufacturing CUP's within
the City.
RECOMMENDATION
It is recommended that the City Council waive reading in full and adopt Ordinance No.
812
Attachments:
1. August 8, 2000 City Council staff report
2. Ordinance 811
COUNICIL , ENDA
SEP 12 2000
ITEM No. ZL:
SENT BY: WALLIN KRESS REISMAN 0 : 3 :46PM (310) 450 -0506- FJ2i 307 921:1:# 2/ 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 moratorium imposed by Ordinance No. 81 1; and
(D) The City Council has received a report from the city staff that recommends that the
moratorium be continued for an additional ten months and fifteen days 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 ten months and fifteen days. The moratorium extended by this
SENT BY: WALLIN KRESS REISMAN Ehtlil- 0 3:471-M : i9101 450 - 050[7- 626 307 921:3:# 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 inunediate 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 12th day of September, 2000.
Mayor
ATTEST:
City Clerk
2
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: r l �� kNK G. TRIPEPI, CITY MANAGERI'
DATE: AUGUST 1, 2000
-COUNCIL AGENDA
AUG 0 8 2000
- ITEM No.
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 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
stafl 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
It is recommended that the City Council adopt Urgency Ordinance No. 811.
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ORDINANCE NO. 611
AN URGENCY ORDINANCE: 0 THE CITY COUNCIL 0.'
THE CITY OF ROSEMEAD IMPOSING A 45 -DAY
MORATORIUM ON TH_ ISSUANCE OF PNY 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 1n 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.operations, shall be issued and no application
fcr such Permits) shall be accented.
Sect =on 2 . Pursuant to the Drovisions of Section: e5656 of
the Government Code of the State of California, tiffs is an
urgency interim zonina ordinance. This ordinance shall t_a! --
effect immed'ately and shall expire forty -five (4S) days
thereafter unless extended by the City Council after notice and
Public )'fearing. 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 th18 ordinance is en acted to
protect and preserve the public health, safety an6
welfare of the local business community and residents
of the community pendina completion of a Planning
Department review of th -s subject. The Council has
received reocr'--s 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 '_s a current and immediate threat to the
public welfare, and the approval of permits for such
uses without prooer review would result in a threat to
the public welfare.
Section 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 parti Cular project would result in
practical difficulties or unnecessary hardships
inconsistent with the general purpose and intent of the
moratorium; and
E
5/5
2. That there are exceptional circumstances or
conditions aztlicabl°_ 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
mater - ally detrimental to the public welfare as defined
above.
Section 4 . If any provision of this ordinance is held to be
unconstitutional, it iS the _ntent of the City Council that such
iDcrtlon of this ordinance be severable from the remainder and
that the remainder be given full force and effect.
Section 5. The Planninc: . Department is hereby directed to
commence a study and to make recommendations _Jr 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 5 . The City Clerk shall certify to the adoption of
this ordinance.
PASSED, APPROVED and ADOPT D this Sth day of August,
2000.
Vol:
ATTEST:
City Clerk
3
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2703 Del Mar, Rosemead, voiced his concern with hosed off water from the
Goodyear Tire store collecting on the property next to it. Mr. Nunez stated that the water, which
may be contamined, could possibly runoff into the storm drain. Councilman Bruesch responded
that this has been a recurring problem and the tire store will be notified. Ken Rukavina, City
Engineer, stated he will contact Industrial Waste to check into this matter.
H. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the public hearings was presented by
the City Attorney.
PUBLIC HEARING— ORDINANCE NO. 812 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ROSMEAD EXTENDING URGENCY
ORDINANCE NO. 811 FOR 10 MONTIIS 15 DAYS ON THE ISSUANCE
OF ANY NEW CONDITIONAL USE PERMITS FOR GARMENT
MANUFACTURING, PROCESSING, OR ASSEMBLING IN THE M -1
ZONE — ADOPT
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the public hearing for those in the audience wishing to speak on this
item. There being no one wishing to speak, the Mayor closed the public hearing.
Councilman Taylor verified that there are 29 businesses operating under current C.U.P.'s.
Mr. Taylor confirmed that those businesses will not be denied a renewal unless they refuse to
conform to the C.U.P. conditions.
Mr. Tripepi responded that those garment factories are currently operating under a legal
C.U.P. and they will need to correct the conditions that they were cited for. Mr. Tripepi stated
that during this moratorium, no new applications for garment factories will be accepted.
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council waive reading in full and adopt Ordinance No. 812. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
'The Mayor declared said motion duly carried and so ordered.
B. PUBLIC HEARING — MUNICIPAL CODE AMENDMENT 00 -02
AMENDING SECTIONS 17.48.020 (PERMITTED USES IN THE CBD
ZONE), 17.112.030(20) (HOTELIMOTEL USE PERMIT CONDITIONS), &
5.42 (BUSINESS LICENSES AND REGULATIONS FOR
HOTELS/MOTELS AND TO REVISE EXISTING CONDITIONS OF
APPROVL THAT ARE PLACED ON HOTEL AND MOTELS THROUGH
THE ISSUANCE OF A CONDITIONAL USE PERMIT
B1. ORDINANCE NO. 813 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD ADDING CHAPTER 5.42 TO THE
ROSEMEAD MUNICIPAL CODE TO CREATE OPERATIONAL
STANDARDS FOR HOTELS AND MOTELS AND AMENDING
SECTIONS 17.112.030 AND 17.48.020 OF THE CODE REQUIRING
CONDITIONAL USE PERMIT REQUIREMENTS FOR SUCH USES —
INTRODUCE
Frank Tripepi, City Manager, presented the staff report.
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