Gardena City Council Special Meeting

1 MINUTES Special Meeting of the Gardena City Council Wednesday, February 15, 2023 The Special Meeting of the Gardena City Council of the City of Gardena, California, was called to order at 6:18 p.m. on Wednesday, February 15, 2023; Mayor Tasha Cerda presiding. 1. ROLL CALL Present: Mayor Tasha Cerda; Mayor Pro Tem Paulette C. Francis; Council Member Mark E. Henderson; Council Member Rodney G. Tanaka; and Council Member Wanda Love; Other City Officials and Employees present: City Manager Clint Osorio; City Attorney Carmen Vasquez; Assistant City Attorney Lisa Kranitz; Community Development Director Greg S. Tsujiuchi; Senior Planner Amanda Acuna; and City Clerk Mina Semenza. 2. SPECIAL MEETING City Attorney Carmen Vasquez noted for the record the public comment received with the threat of litigation as a result the City Attorney’s Office is recommending that we add an item to the agenda as Item 3.C which will be the Introduction of Ordinance No. 1848, which is identical to the Urgency Ordinance No. 1847 under Item 3.B that is on the agenda. We learned of this today and this threat of litigation, which is why we are requesting that the Council make a motion to add this Item to the agenda and request for City Clerk to take role – this vote requires four-fifths in order to be added to the agenda and that would be the Introduction of Ordinance No. 1848. It was moved by Council Member Tanaka, seconded by Mayor Pro Tem Francis, and carried by the following roll call vote to Add the Introduction of Ordinance No. 1848: Ayes: Council Member Tanaka, Mayor Pro Tem Francis, Council Members Henderson and Love, and Mayor Cerda Noes: None Absent: None Consultant Veronica Tam of Veronica Tam & Associates, along with Senior Planner Amanda Acuna gave a PowerPoint presentation on the following: 3. PUBLIC HEARING ITEMS 3.A ENVIRONMENTAL ASSESSMENT #1-23, GENERAL PLAN AMENDMENT # 1-23 Readoption of Revised 6th Cycle Housing Element for 2021 - 2029 period and finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy documentDocuSign Envelope ID: C69596B9-5201-4D00-A23D-C4AAA0705F3B

2 Staff respectfully recommends that the City Council: • Conduct a Public Hearing; and • Approve Resolution No. 6619 which readopts the Revised 6th Cycle Housing Element for 2021 – 2029 and makes a finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document. Mayor Cerda opened the Public Hearing at 6:43 p.m. City Clerk Mina Semenza, noted for the record the public comment received from the public, which would cover both 3.A and 3.B, stating that it has been forwarded to the City Council, and are available for viewing at the City Clerk’s office. Consultant Veronica Tam, along with Assistant City Attorney Kranitz, Community Development Director Greg Tsujiuchi and Senior Planner Acuna answered all questions. Mayor Cerda closed the Public Hearing at 7:02 p.m. It was moved by Council Member Love, seconded by Council Member Henderson, and carried by the following roll call vote to Conduct a Public Hearing and Approved Resolution No. 6619: Ayes: Council Members Love and Henderson, Mayor Pro Tem Francis, Council Member Tanaka, and Mayor Cerda Noes: None Absent: None 3.B ENVIRONMENTAL ASSESSMENT #2-23, GENERAL PLAN AMENDMENT # 2-23, ZONE CHANGE #1-23, ZONE TEXT AMENDMENT #1-23 Adoption of Resolution No. 6620 Updating the Land Use Plan, including changes to the Land Use Map and adoption of Urgency Ordinance No. 1847, amending the Zoning Code, and revising the Zoning Map both subject to findings of exemption under CEQA Guidelines sections 15061(b)(3) - the common sense exemption and 15308 for protection of the environment. Also adoption of Resolution No. 6621 adopting a color palette for buildings, fences, and walls subject to finding of exemption under CEQA Guidelines section 15061(b)(3) - the common sense exemption. Staff respectfully recommends the City Council: • Conduct a Public Hearing; and • Approve Resolution No. 6620, adopting the Update to the Land Use Plan, including an amended Land Use Map, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) and 15308 (Requires a majority vote of total Council); andDocuSign Envelope ID: C69596B9-5201-4D00-A23D-C4AAA0705F3B

3 • Adopt Urgency Ordinance No. 1847, amending Title 18 of the Gardena Municipal Code and revising the City’s Zoning Map, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) and 15308 (Requires a 4/5 vote). • Approve Resolution No. 6621, adopting a color palette for residential design criteria, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) Senior Planner Amanda Acuna gave a PowerPoint presentation along with Special Projects Planning Consultant Gregg McClain, and Assistant City Attorney Lisa Kranitz. Assistant City Attorney Lisa Kranitz, Senior Planner Amanda Acuna and Special Project Planning Consultant Gregg McClain answered all questions. Mayor Cerda opened the Public Hearing at 8:02 p.m. Public Speaker: Mariya Wrightsman expressed her concerns on Urgency Ordinance No. 1847. City Attorney Vasquez reiterated that as stated by City Clerk Mina Semenza, noted for the record the public comment received from the public, which would cover both 3.A and 3.B. Mayor Cerda closed the Public Hearing at 8:05 p.m. RESOLUTION NO. 6620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA AMENDING THE GARDENA GENERAL PLAN BY ADOPTING AN UPDATE TO THE LAND USE PLAN It was moved by Council Member Tanaka, seconded by Council Member Henderson, and carried by the following roll call vote to Conduct a Public Hearing and Approved Resolution No. 6620: Ayes: Council Members Tanaka and Henderson, Mayor Pro Tem Francis, Council Member Love, and Mayor Cerda Noes: None Absent: None URGENCY ORDINANCE NO. 1847 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA AMENDING TITLE 18 OF THE GARDENA MUNICIPAL CODE PRIMARILY RELATING TO THE ESTABLISHMENT OF HOUSING OVERLAYS AND DEVELOPMENT STANDARDS PERTAINING THERETO AND REVISING THE CITY’S ZONING MAP AND FINDING THE ADOPTION TO BE EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) and 15308DocuSign Envelope ID: C69596B9-5201-4D00-A23D-C4AAA0705F3B

4 It was moved by Council Member Love, seconded by Council Member Henderson, and carried by the following roll call vote to Conduct a Public Hearing and Adopt Urgency Ordinance No. 1847 with Amendments: Ayes: Council Members Love and Henderson, Mayor Pro Tem Francis, Council Member Tanaka, and Mayor Cerda Noes: None Absent: None RESOLUTION NO. 6621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA ADOPTING A COLOR PALETTE FOR DEVELOPMENT IN THE CITY OF GARDENA It was moved by Council Member Tanaka, seconded by Council Member Love, and carried by the following roll call vote to Conduct a Public Hearing and Approved Resolution No. 6621: Ayes: Council Members Tanaka and Love, Mayor Pro Tem Francis, Council Member Henderson, and Mayor Cerda Noes: None Absent: None 3.C INTRODUCTION OF ORDINANCE NO. 1848, of the Gardena Municipal Code Primarily Relating to the Establishment of Housing Overlays and Development Standards Pertaining thereto and Revising the City’s Zoning Map and finding the Adoption to be Exempt from CEQA Pursuant to CEQA Guidelines Sections 15061(B)(3) and 15308 which is identical to the Urgency Ordinance No. 1847. Assistant City Attorney Lisa Kranitz explained the introduction of Ordnance No. 1848, which is identical to Urgency Ordinance No. 1847, except it does not include the Urgency Ordinance language and will have a second reading and be effective 31 days After Adoption. Council Member Love introduced Ordinance No. 1848. It was moved by Council Member Love, seconded by Mayor Pro Tem Francis, and carried by the following roll call vote to Introduce Ordinance No. 1848 with the same Amendments being made to Urgency Ordinance No. 1847: Ayes: Council Member Love, Mayor Pro Tem Francis, Council Members Henderson and Tanaka, and Mayor Cerda Noes: None Absent: NoneDocuSign Envelope ID: C69596B9-5201-4D00-A23D-C4AAA0705F3B

5 4. ADJOURNMENT Ruby Leon Ballard, Ruby Leon Ballard was born on July 13, 1935, in Montezuma, Georgia. She graduated from Thomas Jefferson High School in Washington DC and became a manufacturing engineer. She was employed by numerous aerospace companies, including Northrop Grumman, McDonnell Douglas, and The Boeing Company; she was the only African American woman in her division. Ms. Ballard was an especially kind and quiet woman who had a great sense of humor and lived a full life. Ruby was a devout member of the First Church of God. She passed away on January 28, 2023, and will be greatly missed by her family and everyone whose lives she touched. At 8:10 p.m., Mayor Cerda adjourned the Gardena City Council Meeting to the Closed Session portion of the City Council Meeting at 7:00 p.m., and the Regular City Council Meeting at 7:30 p.m. on Tuesday, February 28, 2023. MINA SEMENZA City Clerk of the City of Gardena and APPROVED: Ex-officio Clerk of the Council ______________________________ By:___________________________ Tasha Cerda, Mayor Becky Romero, Deputy City ClerkDocuSign Envelope ID: C69596B9-5201-4D00-A23D-C4AAA0705F3B

1 GARDENA CITY COUNCIL SPECIAL MEETING Special Meeting Notice and Agenda Website: www.cityofgardena.org Wednesday, February 15, 2023 6:00 p.m. TASHA CERDA, Mayor MINA SEMENZA, City Clerk PAULETTE C. FRANCIS, Mayor Pro Tem GUY H. MATO, City Treasurer MARK E. HENDERSON, Council Member CLINT OSORIO, City Manager RODNEY G. TANAKA, Council Member CARMEN VASQUEZ, City Attorney WANDA LOVE, Council Member LISA KRANITZ, Assistant City Attorney If you would like to participate in this meeting, you can participate via the following options: 1. VIEW THE MEETING live on SPECTRUM CHANNEL 22 or ONLINE at youtube.com/CityofGardena 2. PARTICIPATE BEFORE THE MEETING by emailing the Deputy City Clerk at publiccomment@cityofgardena.org by 5:00p.m. on the day of the meeting and write "Public Comment" in the subject line. 3. ATTEND THE MEETING IN PERSON PUBLIC COMMENT: The City Council will hear from the public on any item on agenda at the following times: Public Hearings – At the time for Public Hearings listed on the Agenda If you wish to address the Council, please complete a “Speaker Request” form and present it to the City Clerk or Sergeant of Arms. You will be called to the podium by name when it is your turn to address the Council. Members of the public wishing to address the City Council will be given three (3) minutes to speak. 4. The City of Gardena, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk's Office by phone (310) 217-9565 or email cityclerk@cityofgardena.org at least 24 business hours prior to the scheduled general meeting to ensure assistance is provided. Assistive listening devices are available.

2 STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS Treat everyone courteously; Listen to others respectfully; Exercise self-control; Give open-minded consideration to all viewpoints; Focus on the issues and avoid personalizing debate; and Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions Thank you for your attendance and cooperation 1. ROLL CALL 2. SPECIAL MEETING The City Council will hear from the public only on the items that have been described on this agenda (GC §54954.3) during the public hearing. 3. PUBLIC HEARING ITEMS 3.A ENVIRONMENTAL ASSESSMENT #1-23, GENERAL PLAN AMENDMENT # 1-23 Readoption of Revised 6th Cycle Housing Element for 2021 - 2029 period and finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document Staff Recommendation: Staff respectfully recommends that the City Council: Conduct a public hearing; and Approve Resolution No. 6619 which readopts the Revised 6 th Cycle Housing Element for 2021 – 2029 and makes a finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document. Staff Report Housing Element Update.pdf Attachment A- HCD Review dated September 22, 2022.pdf Attachment B - Redlined version of Housing Element.pdf Attachment C - Maps of Inventory Sites.pdf Attachment D - Memo dated January 17, 2023.pdf Attachment E - Environmental Justice Map.pdf Resolution No. 6619 Housing Element.docx.pdf

3 3.B ENVIRONMENTAL ASSESSMENT #2-23, GENERAL PLAN AMENDMENT # 2-23, ZONE CHANGE #1-23, ZONE TEXT AMENDMENT #1-23 Adoption of Resolution No. 6620 Updating the Land Use Plan, including changes to the Land Use Map and adoption of Urgency Ordinance No. 1847, amending the Zoning Code and revising the Zoning Map both subject to findings of exemption under CEQA Guidelines sections 15061(b)(3) - the common sense exemption and 15308 for protection of the environment. Also adoption of Resolution No. 6621 adopting a color palette for buildings, fences, and walls subject to finding of exemption under CEQA Guidelines section 15061(b)(3) - the common sense exemption. Staff Recommendation: Staff respectfully recommends the City Council: Conduct a public hearing; and Approve Resolution No. 6620, adopting the Update to the Land Use Plan, including an amended Land Use Map, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) and 15308 (Requires a majority vote of total Council); and Adopt Urgency Ordinance No. 1847, amending Title 18 of the Gardena Municipal Code and revising the City’s Zoning Map, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) and 15308 (Requires a 4/5 vote). Approve Resolution No. 6621, adopting a color palette for residential design criteria, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) Staff Report for Land Use and Zoning Changes.pdf Attachment A - Comparison Chart.pdf Attachment B - Zoning Summary.pdf Attachment C - Resolution 6620- adopting Land Use Plan.pdf Exhibit A Land Use Plan.pdf Exhibit B Use Map (in 5 sections).pdf Exhibit C Parcel List.pdf Attachment D - Urgency Ordinance No. 1847 - adopting Zoning Changes.docx.pdf Exhibit A Zoning Maps.pdf Exhibit B Parcel List.pdf Attachment E - Resolution No. 6621 - adopting Color Palette.pdf Exhibit A Color List.pdf

4 4. ADJOURNMENT The Gardena City Council will adjourn to the Closed Session portion of the City Council Meeting at 7:00 p.m. followed by the Regular City Council Meeting at 7:30 p.m. on Tuesday, February 28, 2023. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted in the City Hall lobby not less than 72 hours prior to the meeting. A copy of said Agenda is available on our website at www.CityofGardena.org. Dated this 10th day of February, 2023 /s/ MINA SEMENZA MINA SEMENZA, City Clerk

1 GARDENA CITY COUNCIL SPECIAL MEETING Special Meeting Notice and Agenda Website: www.cityofgardena.org Wednesday, February 15, 2023 6:00 p.m. TASHA CERDA, Mayor MINA SEMENZA, City Clerk PAULETTE C. FRANCIS, Mayor Pro Tem GUY H. MATO, City Treasurer MARK E. HENDERSON, Council Member CLINT OSORIO, City Manager RODNEY G. TANAKA, Council Member CARMEN VASQUEZ, City Attorney WANDA LOVE, Council Member LISA KRANITZ, Assistant City Attorney If you would like to participate in this meeting, you can participate via the following options: 1. VIEW THE MEETING live on SPECTRUM CHANNEL 22 or ONLINE at youtube.com/CityofGardena 2. PARTICIPATE BEFORE THE MEETING by emailing the Deputy City Clerk at publiccomment@cityofgardena.org by 5:00p.m. on the day of the meeting and write "Public Comment" in the subject line. 3. ATTEND THE MEETING IN PERSON PUBLIC COMMENT: The City Council will hear from the public on any item on agenda at the following times: Public Hearings – At the time for Public Hearings listed on the Agenda If you wish to address the Council, please complete a “Speaker Request” form and present it to the City Clerk or Sergeant of Arms. You will be called to the podium by name when it is your turn to address the Council. Members of the public wishing to address the City Council will be given three (3) minutes to speak. 4. The City of Gardena, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk's Office by phone (310) 217-9565 or email cityclerk@cityofgardena.org at least 24 business hours prior to the scheduled general meeting to ensure assistance is provided. Assistive listening devices are available.

2 STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS Treat everyone courteously; Listen to others respectfully; Exercise self-control; Give open-minded consideration to all viewpoints; Focus on the issues and avoid personalizing debate; and Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions Thank you for your attendance and cooperation 1. ROLL CALL 2. SPECIAL MEETING The City Council will hear from the public only on the items that have been described on this agenda (GC §54954.3) during the public hearing. 3. PUBLIC HEARING ITEMS 3.A ENVIRONMENTAL ASSESSMENT #1-23, GENERAL PLAN AMENDMENT # 1-23 Readoption of Revised 6th Cycle Housing Element for 2021 - 2029 period and finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document Staff Recommendation: Staff respectfully recommends that the City Council: Conduct a public hearing; and Approve Resolution No. 6619 which readopts the Revised 6 th Cycle Housing Element for 2021 – 2029 and makes a finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document. Staff Report Housing Element Update.pdf Attachment A- HCD Review dated September 22, 2022.pdf Attachment B - Redlined version of Housing Element.pdf Attachment C - Maps of Inventory Sites.pdf Attachment D - Memo dated January 17, 2023.pdf Attachment E - Environmental Justice Map.pdf Resolution No. 6619 Housing Element.docx.pdf

3 3.B ENVIRONMENTAL ASSESSMENT #2-23, GENERAL PLAN AMENDMENT # 2-23, ZONE CHANGE #1-23, ZONE TEXT AMENDMENT #1-23 Adoption of Resolution No. 6620 Updating the Land Use Plan, including changes to the Land Use Map and adoption of Urgency Ordinance No. 1847, amending the Zoning Code and revising the Zoning Map both subject to findings of exemption under CEQA Guidelines sections 15061(b)(3) - the common sense exemption and 15308 for protection of the environment. Also adoption of Resolution No. 6621 adopting a color palette for buildings, fences, and walls subject to finding of exemption under CEQA Guidelines section 15061(b)(3) - the common sense exemption. Staff Recommendation: Staff respectfully recommends the City Council: Conduct a public hearing; and Approve Resolution No. 6620, adopting the Update to the Land Use Plan, including an amended Land Use Map, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) and 15308 (Requires a majority vote of total Council); and Adopt Urgency Ordinance No. 1847, amending Title 18 of the Gardena Municipal Code and revising the City’s Zoning Map, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) and 15308 (Requires a 4/5 vote). Approve Resolution No. 6621, adopting a color palette for residential design criteria, with CEQA exemption determination under CEQA Guidelines 15061(b)(3) Staff Report for Land Use and Zoning Changes.pdf Attachment A - Comparison Chart.pdf Attachment B - Zoning Summary.pdf Attachment C - Resolution 6620- adopting Land Use Plan.pdf Exhibit A Land Use Plan.pdf Exhibit B Use Map (in 5 sections).pdf Exhibit C Parcel List.pdf Attachment D - Urgency Ordinance No. 1847 - adopting Zoning Changes.docx.pdf Exhibit A Zoning Maps.pdf Exhibit B Parcel List.pdf Attachment E - Resolution No. 6621 - adopting Color Palette.pdf Exhibit A Color List.pdf

4 4. ADJOURNMENT The Gardena City Council will adjourn to the Closed Session portion of the City Council Meeting at 7:00 p.m. followed by the Regular City Council Meeting at 7:30 p.m. on Tuesday, February 28, 2023. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted in the City Hall lobby not less than 72 hours prior to the meeting. A copy of said Agenda is available on our website at www.CityofGardena.org. Dated this 10th day of February, 2023 /s/ MINA SEMENZA MINA SEMENZA, City Clerk

City of Gardena Gardena City Council Special Meeting Meeting AGENDA REPORT SUMMARY Agenda Item No. 3.A Section: PUBLIC HEARING ITEMS Meeting Date: February 15, 2023 TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL SPECIAL MEETING AGENDA TITLE: ENVIRONMENTAL ASSESSMENT #1-23, GENERAL PLAN AMENDMENT # 1-23 Readoption of Revised 6th Cycle Housing Element for 2021 - 2029 period and finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document COUNCIL ACTION REQUIRED: Staff Recommendation: Staff respectfully recommends that the City Council: Conduct a public hearing; and Approve Resolution No. 6619 which readopts the Revised 6 th Cycle Housing Element for 2021 – 2029 and makes a finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document. RECOMMENDATION AND STAFF SUMMARY: The City has been working on its Housing Element since December 2019 when it entered into a consultant agreement with Veronica Tam & Associates. In January 2022, the City Council adopted the Housing Element. However, the State's Department of Housing and Community Development (HCD) did not find the Housing Element to be compliant with State law. A revised Housing Element was sent to HCD in late July 2022 and HCD asked for additional changes. As of that time, HCD had found only 19 out of 197 jurisdictions to have a compliant Housing Element. In early December further revisions were sent to HCD for an informal review. With a few final adjustments, HCD provided informal approval of the Housing Element and indicated that the Housing Element would be considered compliant once the required rezoning was completed. The City posted the Revised 6th Cycle Housing Element on the website on January 17, 2022, for a minimum of 7 days in accordance with law and then sent it to HCD for final, formal review. On January 31, 2023 the Planning Commission held a public hearing and adopted Resolution No. 1-23, by vote 4-0-0, recommending that the City Council adopt the Revised Sixth Cycle Housing Element and file a Notice of Exemption. FINANCIAL IMPACT/COST: None.

ATTACHMENTS: Staff Report Housing Element Update.pdf Attachment A- HCD Review dated September 22, 2022.pdf Attachment B - Redlined version of Housing Element.pdf Attachment C - Maps of Inventory Sites.pdf Attachment D - Memo dated January 17, 2023.pdf Attachment E - Environmental Justice Map.pdf Resolution No. 6619 Housing Element.docx.pdf

Page 1 of 7 City of Gardena City Council Meeting Agenda Item No.: 3.A Department: Community Development Meeting Date: February 15, 2023 AGENDA TITLE: Readoption of Revised 6 th Cycle Housing Element for 2021 – 2029 period and finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document. RECOMMENDATION: Staff respectfully recommends that the City Council approve Resolution No. 6619 which readopts the Revised 6 th Cycle Housing Element for 2021 – 2029 and makes a finding that the adoption is subject to the common sense exemption of CEQA Guidelines section 15061(b)(3) as the Housing Element is a policy document. BACKGROUND: State law requires that each city adopt a General Plan to guide land use and development. Among the required "elements" of the General Plan is the Housing Element which sets forth goals, policies, and programs that address the future housing needs for all income levels in the City over an eight year planning period which coincides with the Regional Housing Needs Assessment (RHNA) projection period. The RHNA is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. Need for a Compliant Housing Element Without having a compliant Housing Element, the city is subject to various penalties, such as the inability to qualify for certain grants. Ironically, some of the funds that the City would lose eligibility for are the very funds that are needed to help with housing issues, such as the Permanent Local Housing Allocation (PLHA) funds which the City plans to use towards multi-family and owner-occupied rehabilitation programs for lower and moderate income tenants to make proper improvements, develop incentives to encourage affordable owner-occupied workforce housing, and enhancing homelessness prevention and response efforts. The City has qualified for $1,979,262 in PLHA grants; $329,877 will be completely lost if the City does not have a compliant housing element by February 15, 2023. AGENDA STAFF REPORT

Page 2 of 7 Additionally, until the City has a compliant Housing Element, the City is subject to the Builder’s Remedy set forth in the Housing Accountability Act (Government Code § 65589.5). Under the Builder’s Remedy, if a city does not have a housing element that substantially complies with state law, then the city has only very limited grounds on which to deny an affordable housing project, even if the development does not comply with zoning or applicable development standards. An affordable housing project is one that provides at least 20% of the units for rent or sale to lower income households or 100% of units for rent or sale to moderate income households or persons and families of middle income. While it is not likely that there would be many Builder’s Remedy projects used in Gardena, it is not impossible. Staff has had at least one inquiry regarding a 100 percent affordable development on El Segundo Boulevard. Without a compliant housing element. There are two things that must happen for the City to have a compliant Housing Element. First, it must adopt a Housing Element that HCD finds meets all of the statutory requirements; that is the subject of this item. Second, the City must complete all of the rezoning of sites required by the Housing Element; that is the subject of the companion item on this agenda. Gardena’s Efforts The City has been working on its Housing Element since December 2019 when it entered into a consultant agreement with Veronica Tam & Associates (VTA). In January 2022, the City Council adopted the Housing Element. However, HCD did not find the Housing Element to be compliant with State law. A revised Housing Element was sent to HCD in late July 2022 and HCD asked for additional changes. (See Attachment A.) As of that time, HCD had found only 19 out of 197 jurisdictions to have a compliant Housing Element. In early December further revisions were sent to HCD for an informal review. On January 9, 2023 staff and our Housing Consultant had a phone call with HCD. With a few final adjustments, HCD provided informal approval of the Housing Element and indicated that the Housing Element would be considered compliant once the required rezoning was completed (see companion item). One of the last items that HCD requested was a program to concurrently rezone the Inventory Sites, make those sites immediately available, and allow affordable projects to be approved ministerially with the provision that CEQA would be completed within a year from the date of adoption. (See Program 4.1.) The City posted the Revised 6 th Cycle Housing Element on the website for a minimum of 7 days in accordance with law and then sent it to HCD for final, formal review. On January 31, 2023 the Planning Commission held a public hearing and adopted Resolution No. 1-23 recommending that the City Council adopt the Revised Sixth Cycle Housing Element and file a Notice of Exemption.

Page 3 of 7 As of February 1, 2023, more than half the jurisdictions were still out of compliance, some due to the fact that they have not yet completed the required rezoning. ANALYSIS: RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The City’s RHNA allocation for the 6 th Cycle Housing Element is as follows: • Very Low 1,485 • Low 761 • Moderate 894 • Above Mod. 2,595 TOTAL 5,735 Satisfaction of RHNA When the City Council adopted the Housing Element in January 2022 there were 648 units which were entitled or pending, including six lower income units that had been approved. There are now 686 units which have been approved, including seven low income units and eight very low income units. HCD allows the City to take credit for ADUs based on the historical trend of the number of ADUs approved over the past three years. Additionally, HCD sets the proportion of ADUs assigned to each income category. Based on this, Gardena can only take credit for 20 ADUs a year at the income categories set forth below. With the credits that are allowed for ADUs and the approved projects, this leaves the following RHNA numbers to be satisfied: Income Category ADUs Pipeline Projects RHNA Remaining RHNA Extremely Low/ Very Low 28 8 1,485 1,449 Low 68 7 761 686 Moderate 10 -- 894 884 Above Moderate 54 671 2,595 1,870 Total 160 686 5,735 4,889 HCD recommends that the City have a buffer in the housing element inventory of at least 15 to 30 percent capacity more than required, especially for lower income categories. Buffers are needed to satisfy the requirement that the City always maintain an adequate inventory of sites for each income category. Each Identified Site in the Housing Element is assigned a number of total units that is expected to be developed and an income distribution, as can be seen from the excerpt from Table C-2 of the Housing Element.

Page 4 of 7 Site ID APN Address Acres Lower Income Moderate Income Above Moderate Income Total Units 76 4066012033 15915 S WESTERN AVE 0.5 7 2 5 14 77 4066012004 16017 S WESTERN AVE 0.3 4 1 3 8 When a property develops with less than the number of affordable units which has been assigned to it, the City is required to make findings that adequate sites still exist. For example, the recent development by G3 of the vacant lot on 2545 Marine Avenue included 2 low income units. However, under the Housing Element adopted in January 2022, this property was shown to be consolidated with other adjoining properties and developed with both moderate and lower income units. The Planning Commission had to include a finding that there were still sufficient sites to satisfy the remaining housing needs. The City is not allowed to deny a housing project that meets all objective criteria based on the fact that it does not provide the amount of affordable units on the site that were identified in the Housing Element. However, if the available sites ever drop below the threshold of meeting the City’s affordable housing needs, the City must rezone other property to accommodate the deficiency within 6 months. Therefore, as recommended by HCD, the sites inventory continues to provide a buffer of approximately 25% for lower income units. Pursuant to state law, only properties that are at least 0.5 acres can be counted towards lower income housing and these properties must be allowed to have a minimum of 30 dwelling units to the acre which can be approved by right. For this reason, the mid-step density in the R-4 and Mixed-Use Overlay is being revised in the companion item to make sure that all property of .5 acres or greater can build up to 30 units per acre. Without that change, a number of sites would not be able to be counted in the Sites Inventory. Because Gardena is 99 percent built out, the only way to provide for the assigned RHNA is to create overlay zones on commercial and industrial areas, which is a method other cities are also having to utilize to meet their RHNA. In order to meet the RHNA, the City Council previously established 4 Housing Overlay zones with the following densities as shown on the maps attached as Exhibit D:  O3 – 12-20 units/acre  O4 – 21-30 units/acre  O5 – 31-50 units/acre  O6 – 51-70 units/acre Additionally, a Very High Density residential zone match the O6 overlay is being established for the properties at 1610 and 1650 Artesia Boulevard. Unlike the overlay zones, these parcels will not be allowed any other use as the existing uses on those sites were already legal non-conforming under the Artesia Corridor Specific Plan.

Page 5 of 7 All of the Inventory Sites were identified and densities adjusted after a number of public meetings with both the Planning Commission and City Council. There has been no change to the sites from what has previously approved by the City Council in January 2022. As a reminder, in addition to placing an overlay on the identified sites, the overlays will also eventually be placed on adjoining properties in order to create a more coherent zoning pattern and allow for additional development opportunities. These additional changes are expected to be brought back to the Planning Commission and City Council, along with the EIR being prepared, in late 2023 or early 2024. New Additions to Housing Element A copy of the Revised 6 th Cycle Housing Element is attached as Attachment B and also can be found on the City’s website at https://cityofgardena.org/housing-element/. Maps of the Inventory Sites with the identified overlays are found as Attachment C. On January 17, 2023 a memo was sent to the City Council and Planning Commission and posted on the City’s website highlighting the changes. (Attachment D.) The changes which have been made since the City Council’s last review are shown in green and yellow highlight. The changes are primarily technical in nature or a rewording of programs that were already included. Two changes to be highlighted here as well are: • Policy 5.5 – Affirmatively Further Fair Housing – The language was changed to ensure that each City commission had a member from north Gardena to ensuring there would be a member from a disadvantaged area. While “disadvantaged area” is not a term defined in the Housing Element, the term “disadvantaged community” is included in the recently adopted Environmental Justice Element. A disadvantaged community is defined as “[a]n area identified by the California Environmental Protection Agency (CalEPA) pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.” The Environmental Justice Element contains a figure of Disadvantaged Communities. (Attachment E.) • Program Objectives 4.1 – Adoption of Urgency Zoning - Adds a commitment to adopt an urgency ordinance implementing the housing overlay zones and rezoning for inventory sites which will provide that any project with a minimum of 20% affordable housing shall be ministerially approved. This, along with changes to the Land Use Plan, are a companion item to the Housing Element adoption. Timing Since the start of the housing element process, cities in the SCAG region have been under an almost impossible deadline. At the time the process started, the law provided that cities were supposed to adopt their housing elements by October 15, 2021, but had

Page 6 of 7 to do so by February 12, 2022. If the housing element was adopted within this time frame, the city would be given 3 years to implement any zoning changes required by the housing element. No extensions were given to cities for the Pandemic. Failure to have a compliant housing element can lead to penalties which can include referral to the State Attorney General, ineligibility for grants and other funding, and monetary fines. Gardena adopted its Housing Element in January 2022. However, while the City was working on its Housing Element, the Legislature changed the rules for those cities that were already in process. Instead of needing to have an adopted housing element by February 12, 2022, the law changed to require that the jurisdiction had to have a housing element that was found by HCD to be in substantial compliance with housing element law by February 12, 2022. If the jurisdiction did not meet this deadline, then all rezoning required by the Housing Element is required to be completed within one year from the statutory deadline. For Gardena and other cities in the SCAG region, this meant rezoning was to be completed by October 15, 2022. Pursuant to the revisions to Government Code § 65588 which became effective January 1, 2022, the Housing Element will not be considered to be in compliance until the rezoning takes place, even if all other requirements are met. (See companion item amending the land use element, rezoning properties and amending the Zoning Code.) As mentioned above, the City has already sent the Housing Element to HCD for formal approval. It is expected that HCD will approve by the time of the City Council meeting. However, the Resolution authorizes the Community Development Director to make any final non-legislative or technical revisions that are required by HCD. Any changes that are made at this time will require a new review period by HCD and cause a loss of PLHA funding. CEQA This amendment to the City's General Plan is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061, Review for Exemption of the CEQA Guidelines. Specifically, Section 15061(b)(3) states, in part, that a project is exempt from CEQA if "the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." As the Housing Element is a policy document which will be implemented by changes to the Land Use Element and zoning and does not provide any entitlements on its own, there will be no impact from its adoption. CONCLUSION Staff respectfully recommends that Council adopt Resolution No. 6619 approving the Revised 6 th Cycle Housing Element for 2021 – 2029 and finding that the adoption is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).

Page 7 of 7 Submitted by: Greg Tsujiuchi,