Gardena City Council
April 23, 2024

businesses. On May 9, 2023, the City Council extended the moratorium until March 27, 2024.

On March 12, 2024, t he City Council held a study session to determine whether new significant tobacco retailer businesses should be allowed within the city. At the meeting, the City Council extended the moratorium, and at the same time directed staff to draft an ordinance that would prohibit further significant tobacco retailer businesses from establishing in the City , with the distinction that the prohibition should not apply to cigar and hookah lounge businesses.

At this time, the Planning Commission is being asked to consider a recommendation on Ordinance No. 1871 (Exhibit A to Attachment A), to amend Chapter 5.52 and Title 18 of the Gardena Municipal Code relating to significant tobacco retailers, cigar lounges, hookah lounges, and similar use determinations and making a finding that the Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA).

Ordinance No. 1871
State law requires all tobacco retailers to be licensed by the Board of Equalization, in addition the State explicitly allows cities and counties to enact local tobacco retail permitting ordinances. In 2008, the City did enact its own ordinance establishing Chapter

5.52 of the Gardena Municipal Code (GMC) requiring all tobacco retailers to obtain a tobacco retailer license which shall be renewed on an annual basis. Currently, the City’s Zoning Code does not have any specific regulations for significant tobacco retailers.

GMC Chapter 5.52 defines Significant Tobacco Retailers as the following:
“Significant tobacco retailer” means any tobacco retailer for which the principal or core business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by any of the following: twenty percent or more of the floor or display area is devoted to tobacco products, tobacco paraphernalia, or both; sixty -seven percent or more of gross sales receipts are derived from tobacco products, tobacco paraphernalia, or both; or fifty percent or more of completed sales transactions include tobacco products or tobacco paraphernalia.

Per the direction of the City Council, Ordinance No. 1871 was drafted to make amendments to GMC Title 18 (Zoning) relating to prohibiting significant tobacco retailers within all zoning districts within the City. The Ordinance would also amend GMC Chapter

5.52 to prohibit any new tobacco retailer permit s to be issued for a significant tobacco retailer. Significant tobacco retailers may continue to renew their permit on an annual basis for as long as there is a significant tobacco retailer business in existence at the given location.

Ordinance No. 1871 will also add a definition for cigar lounges and hookah lounges and establish that they would be subject to obtaining the approval of a conditional use permit in accordance with the procedures set forth in GMC Chapter 18.46, in specific zones. The ordinance will also establish the following specific provisions for those r equesting a conditional use permit for a cigar or hookah lounge:

April 2, 2024
ZTA #3-24

Cigar and hookah Lounges (“Lounge”) as allowed in the MUO, C -R, C-P, C-2, C- 3, C-4, M-1 and M-2 zones shall comply with the following requirements:
o The Lounge has a valid tobacco retailers permit, pursuant to Chapter 5.52 of this Code;
o Entry is prohibited to anyone under the age of 21 years and a sign is posted to that effect at the entrance;
o No person who is obviously intoxicated or under the influence of any intoxicating drug or beverage shall be permitted entry; o The Lounge must have a stand-alone ventilation system that is not shared with any other business or any portion of the building in which the Lounge is located; and
o The Lounge shall be in compliance with all City, state and federal laws and regulations.

Analysis
Tobacco consumption remains a pressing public health concern, with dire consequences evidenced by the premature deaths of 480,000 individuals annually in the United States due to smoking-related illnesses. This makes tobacco use the primary preventable cause of death. Its detrimental effects extend across nearly all bodily systems, contributing to 87 percent of lung cancer fatalities, 79 percent of chronic obstructive pulmonary disease (COPD) fatalities, and 32 percent of coronary heart disease fatalities. Globally, the World Health Organization estimates that tobacco is the leading cause of death, responsible for nearly 6 million deaths each year.

As mentioned above, the City has seen a proliferation of significant tobacco retailer businesses within the City, going from 10 in October 2021 to 16 in March 2023. T he proliferation of these types of businesses is concerning due to the harmful effects of tobacco on the residents of the City , especially the youth. The City currently does not have specific regulations for significant tobacco retailers that would protect minors. Young individuals are especially vulnerable to the addictive nature of tobacco pr oducts and are at a heightened risk of becoming lifelong users.

Ordinance No. 1871 would set forth standards that would provide for the public’s health, safety, and welfare in part by protecting youth from commencing the inherently dangerous activity of smoking and protecting the public health and safety of the general public, while balancing business interests of existing City businesses.

ENVIRONMENTAL REVIEW
This zone text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is April 2, 2024
ZTA #3-24

no possibility that the activity will have a significant effect, the activity is not subject to CEQA.

NOTICE
The public hearing notice was published in the Gardena Valley News on March 21, 2024 (Attachment B). A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department Room 101, City Hall and are considered part of the record.

RECOMMENDATION
Staff recommends the Planning and Environmental Quality Commission to:
1) Conduct the public hearing;
2) Receive testimony from the public; and
3) Adopt Resolution No. PC 7-24 recommending that the City Council adopt Ordinance No. 1871.

ATTACHMENTS
A – Resolution No. PC 7-24
• Exhibit A - Draft Resolution No. 1871
B – Public Hearing Notice

1 ORDINANCE NO. 1871

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA AMENDING SECTIONS OF CHAPTER 5.52 AND TITLE 18 OF THE

GARDENA MUNICIPAL CODE RELATING TO SIGNIFICANT TOBACCO

RETAILERS, CIGAR LOUNGES, AND HOOKAH LOUNGES AND MAKING A

FINDING THAT THE ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, Tobacco consumption remains a pressing public health concern, with dire consequences evidenced by the premature deaths of 480,000 individuals annually in the United States due to smoking-related illnesses. This makes tobacco use the primary preventable cause of death. Its detrimental effects extend across nearly all bodily systems, contributing to 87 percent of lung cancer fatalities, 79 percent of chronic obstructive pulmonary disease (COPD) fatalities, and 32 percent of coronary heart disease fatalities. Globally, the World Health Organization estimates that tobacco is the leading cause of death, responsible for nearly 6 million deaths each year; and WHEREAS, the City has seen a proliferation of Significant Tobacco Retailer businesses within the City, going from 10 in October 2021 to 16 in March 2023; and WHEREAS, the City Council is concerned about this proliferation of businesses and the harmful effects of tobacco on the residents of the City; and WHEREAS, the City has no specific regulations for Significant Tobacco Retailers that would protect minors; and
WHEREAS, it is the intent of the City Council to provide for the public’s health, safety, and welfare in part by protecting youth from commencing the inherently dangerous activity of smoking, and protecting the public health and safety of the general public, while balancing business interests of existing City businesses; and WHEREAS, young individuals are especially vulnerable to the addictive nature of tobacco products and are at a heightened risk of becoming lifelong users; and WHEREAS, Cigar and hookah lounges enforce a strict policy of prohibiting individuals under the age of 21 from entering their premises; and WHEREAS, on March 28, 2023, the City Council adopted an urgency ordinance placing a moratorium on all new significant tobacco retailers in the City in accordance with Government Code section 65858; and
WHEREAS, on May 9, 2023, the City Council held a duly noticed public hearing and adopted an extension of the urgency ordinance in accordance with Government Code section 65858; and

2 WHEREAS, on March 12, 2024, the City Council held an additional duly noticed public hearing and adopted a further extension of the urgency ordinance which will expire on March 27, 2025; and
WHEREAS, the City Council has determined that in order to protect the public health, safety and welfare, it would like to prohibit any future significant tobacco retailers from locating in the City and wants to make clear that significant tobacco retailers does not include hookah lounges and cigar lounges; and
WHEREAS, on April 2, 2024, the Planning Commission held a duly noticed public hearing on this Ordinance at which time it considered all evidence presented, both written and oral; and
WHEREAS, after the close of the public hearing the Planning Commission adopted Resolution No. 7-24 recommending that the City Council adopt this Ordinance; and
WHEREAS, on April 23, 2024 the City Council of the City of Gardena, California held a duly noticed public hearing;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Sections 5.52.010, 5.52.020 and 5.52.090 of Chapter 5.52 of the Gardena Municipal Code are hereby amended to read as follows; all other sections remain the same:

5.52.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.

B. “Cigar” means any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco, and includes all of the component parts of the cigar (including but not limited to tobacco, filters, or wrapping). For the purposes of this section, “cigar” includes, but is not limited to, tobacco products labeled “cigar,” “cigarillo,” “tiparillo,” “little cigar,” “blunt,” or “blunt wrap.” C. “Cigar lounge” shall have the same meaning as that set forth in Chapter 18.04 of this Code.

3 D. “Hookah lounge” shall have the same meaning as that set forth in Chapter 18.04 of this Code.

EC. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

FD. “Proprietor” means a person with an ownership or managerial interest in a business.

An ownership interest shall be deemed to ex ist when a person has a fifty percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

GE. “Self-service display” means the open di splay of tobacco pr oducts or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display.

HF. “Significant tobacco retailer” shall have the same meaning as that set forth in Chapter

18.04 of this Code. means any tobacco retailer for which the principal or core business is selling tobacco products, tobacco paraphernalia , or both, as evidenced by any of the following: twenty percent or more of the fl oor or display area is devoted to tobacco products, tobacco paraphernalia, or both; sixty- seven percent or more of gross sales receipts are derived from tobacco products , tobacco paraphernalia, or both; or fifty percent or more of completed sales transac tions include tobacco products or tobacco paraphernalia.

IG. “Smoking” means possessing a light ed tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), the lighting of a tobacco product, to bacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind), or the use of an electronic cigarette.

JH. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, electronic cigarettes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed fo r the smoking, preparation, stori ng, or consumption of tobacco products.

KI. “Tobacco product” means: (1) any substance containing tobacco leaf, including but not limited to cigarettes, ci gars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparat ion of tobacco; and (2) electronic cigarette cartridges and any other product or formulation of matter cont aining biologically active amounts of nicotine that is m anufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or ma tter will be introduced into the human body, but does not include any product specifically approved by the Unit ed States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

4 LJ. “Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia. “Tobacco retailing” shall mean t he doing of any of these things. This definition is without regard to the quantity of tobacco, toba cco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. Tobacco retailer includes cigar and hookah lounges.

MK. “Vending machine” means a machine, appl iance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.

NL. “Electronic cigarette” or “e-cigarette” means a device, often shaped like a cigarette, cigar or pipe, that is designed to deliver nicotine or other substances to a user in the form of a vapor. Typically, e-cigarettes consis t of battery-powered heating elements and replaceable cartridges that contain nicotine or other chemicals, and an atomizer that, when heated, converts the contents of the cartridge into a vapor that a user inhales.

5.52.020 Tobacco retailer permit required.

A. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer permit pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer permit is a public nuisance.

B. A tobacco retailer without a valid tobacco retailer permit, including, for example, a person whose permit has been revoked:

1. Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco pr oducts or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit and the tobacco retailer shall not be eligible to apply for or be issued a permit as set forth in Section 5.52.120.

2. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes th e sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

C. Nothing in this chapter shall be c onstrued to grant any person obtaining and maintaining a tobacco retailer pe rmit any status or right other than the right to act as a tobacco retailer at the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to, any provision of this code including without limitation the zoning ordinance, building codes, and business license ordinance, or any condi tion or limitation on smoki ng in an enclosed place of

5 employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer permit does not make the reta iler a retail or wholesale tobacco shop for the purposes of California Labor Code Section 6404.5.

D. As of June 14, 2024, no tobacco retailer permit shall be issued for a significant tobacco retailer. Significant tobacco retailers may continue to renew their permit on an annual basis for as long as there is a significant tobacco retailer business in existence at the given location.

5.52.090 Other requirements and prohibitions.

A. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a permit has been issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to:

1. Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

2. Violate any local, state, or federal la w regulating exterior, storefront, window, or door signage.

B. Display of Permit. Each tobacco retailer permit shall be prominently displayed in a publicly visible location at the permitted location.

C. Positive Identification Required. No per son engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco par aphernalia to another person who appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.

D. Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.

E. Self-Service Displays Prohibited. No tobacco retailer shall display tobacco products or tobacco paraphernalia by means of a self-s ervice display or engage in tobacco retailing by means of a self-service display.

F. Sale of Single Cigars Prohibited.

1. Notwithstanding any other provision of this chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration:
a. Any single cigar, whether or not packaged for individual sale;

6 b. Any number of cigars fewer than the number contained in the manufacturer’s original consumer packaging designed for retail sale to a consumer; or c. Any package of cigars containing fewer than five cigars.

2. This section does not apply to the sale or offer for sale of a single cigar or multiple individual cigars by a significant tobacco retailer or by a cigar lounge.

SECTION 2. Chapter 18.04 of the Gardena Zoning Code is hereby amended by adding the following definitions in alphabetical order.
“Cigar lounge” means an establishment where patrons gather to socialize or smoke cigars, whether purchased on the premises or elsewhere. “Hookah lounge” means a social establ ishment where patrons share shisha (flavored tobacco) from a communal hookah or from one placed at each table or a bar.
“Significant tobacco retailer” means any tobacco retailer for which the principal or core business is selling tobacco produc ts, tobacco parapherna lia, or both, as evidenced by any of the following: twenty percent or more of the floor or display area is devoted to tobacco products, tobacco paraphernalia, or both; sixty-seven percent or more of gross sales receipts are derived from tobacco products, tobacco paraphernalia, or both; or fifty percent or more of completed sales transactions include tobacco products or tobacco parapher nalia. “Significant tobacco retailer” does not include a cigar lounge or hookah lounge.

SECTION 3. Sections 18.19.040 and 18.19.050 of the Gardena Zoning Code relating to uses allowed in the Mixed Use Overlay (MUO) Zone are hereby amended to read as follows:

18.19.040 Uses permitted subject to a conditional use permit.

The following uses may be permitted in a mixed use development under a conditional use permit in accordance with the procedures set forth in Chapter 18.46:

A. Bars and nightclubs;
B. Restaurants, coffee shops (drive-thru);
C. Supermarkets;
D. Public assembly:

1. Lodges and meeting halls,

7 2. Museums,

3. Theaters (cinema and otherwise);
E. Pharmacies (drive-thru);
F. Health clubs of more than ten thousand square feet;
G. Retail sales and service:

1. Clothing stores of more than five thousand square feet,

2. Department and furniture stores of more than five thousand square feet,

3. Hardware and paint stores of more than five thousand square feet,

4. Television, radio, and home appliance stores of more than five thousand square feet;
H. Computer internet and amusement facilities;
I. Live-work in conjunction with:

1. Restaurants; or

2. Any use that may result in exterior or interior noise levels in excess of city residential noise standards;
J. Churches;
K. Massage establishments that are not otherwise subject to an exception pursuant to Section 5.48.030, except no massage establishment shall be allowed to locate in a live- work unit.

L. Cigar and hookah lounges in compliance with section 18.46.030C.30.

18.19.050 Uses prohibited.

A. All uses not listed in Sections 18.19.030 and 18.19.040 are deemed to be expressly prohibited in the MUO zone, except those determined to be similar pursuant to the provisions of Section 18.42.040;
B. Home sharing rentals; and
C. Short-term rentals.

8 D. Significant tobacco retailers.

SECTION 4. Section 18.19A.050 relating to uses prohibited in the Artesia Mixed Use (AMU) zone is hereby amended to read as follows:

18.19A.050 Uses prohibited.

All uses not listed in Sections 18.19A.030 and 18.19A.040 are deemed to be expressly prohibited, except those determined to be similar pursuant to the provisions of Section 18.42.040. No similar use determination may be made for the following specific uses, which are deemed to be either incompatible with the uses permitted in the C- 3AMU zone and are therefore prohibitedor otherwise prohibited:

A. Residential.

1. Any residential units other than live-work north of Main Street;

2. Home sharing rentals; and

3. Short-term rentals.

B. Commercial.

1. Any commercial uses other than live-work south of Main Street;

2. Fitness and training facilities.

3. Significant tobacco retailers.

C. Live-Work.

1. Industrial uses;

2. Wholesaling and warehousing;

3. Outdoor sales;

4. Adult-oriented businesses as defined by Section 18.62.020(G).

SECTION 5. Sections 18.20.030 and 18.20.040 rela ting to uses allowed in the Commercial Residential (C-R) zone are hereby amended to read as follows:

18.20.030 Uses permitted subject to a conditional use permit.

The following uses, after a public hearing, may be permitted in accordance with the procedures set forth in Chapter 18.46:

9 A. Establishments serving alcoholic beverages for consumption on the premises provided the establishment of such a business would not adversely affect the health, safety and general welfare of the community;
B. Lodges and meeting halls;
C. Vocational colleges, such as barber and beauty colleges, modeling schools and medical training and trade schools;
D. Mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code of the state. Further, such mobile homes shall be occupied only as a residential use type and shall be subject to any and all property development standards of the zone; E. Amusement arcades;
F. Churches and related facilities. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages or minister’s residences; and
G. Those uses permitted with a conditional use permit, pursuant to Section

18.46.030C.

H. Cigar and hookah lounges in compliance with section 18.46.030C.30.

18.20.040 Uses prohibited.

The following uses are deemed to be incompatible with the uses set forth in Sections 18.20.020 and 18.20.030 and are therefore prohibited:

A. Motor vehicle dealerships;
B. Automobile service stations;
C. Car wash facilities;
D. Fast food and drive-in restaurants;
E. Industrial uses;
F. Motels and hotels;
G. Commercial uses other than those specifically listed or provided for in Sections 18.20.020 and 18.20.030;

10 H. Adult-oriented businesses as defined by Section 18.62.020; I. It is unlawful to sell, contract to sell, offer to sell, display for the purpose of sale, or permit the sale of any vehicle from a vacant or unimproved lot. “Vehicle,” as used in this subsection, means and includes everything so defined in the Vehicle Code of the state and, in addition, boats;
J. Swap meets;
K. Automobile repair facilities;
L. Home sharing rentals;
M. Short-term rentals; and
N. Significant tobacco retailers; and
ON. Any other use not listed in Section 18.20.020, 18.20.025, or 18.20.030, except those determined to be similar pursuant to the provisions of Section 18.42.040.

SECTION 6. Sections 18.26.030 and 18.26.040 of the Gardena Zoning Code relating to uses allowed in the Business and Professional Office (C-P) zone are hereby amended to read as follows:

18.26.030 Uses permitted subject to a conditional use permit.

The following uses may be permitted in the C-P zone subject to a conditional use permit in accordance with the procedures set forth in Chapter 18.46 of this code:

A. Lodges and meeting halls;
B. Museums;
C. Office supply stores;
D. Public parking lots;
E. Establishments serving alcoholic beverages for consumption on the premises provided the establishment of such a business would not adversely affect the health, safety and general welfare of the community;
F. Group care facilities and community care facilities, but excluding community care facilities for residential uses for less than seven persons;

11 G. Vocational colleges, such as barber and beauty colleges, modeling schools and medical training and trade schools;
H. Health facilities;
I. Day care facilities;
J. Hospitals;
K. Amusement arcades;
L. Urgent care centers;
M. Massage establishments that are not otherwise subject to an exception pursuant to Section 5.48.030;
N. Churches and related facilities. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages or minister’s residences;.

O. Cigar and hookah lounges in compliance with section 18.46.030C.30; PO. Those uses permitted with a conditional use permit, pursuant to Section

18.46.030C.

18.26.040 Uses prohibited.

The following uses are hereby expressly prohibited in the C-P zone, except as otherwise provided in Sections 18.26.020 and 18.26.030:

A. Residential uses;
B. Any combination of residential and nonresidential uses in any building or structure or on any lot;
C. Industrial uses;
D. Uses other than those specifically set forth or provided for in Sections 18.26.020 and 18.26.030, except those determined to be similar pursuant to the provisions of Section 18.42.040;
E. Outdoor sales, including sales of products from trucks, conducted on vacant lots and outdoor sales of products not related to the business conducted on the premises; F. Adult-oriented businesses as defined by Section 18.62.020G;

12 G. It is unlawful to sell, contract to sell, offer to sell, display for the purpose of sale, or permit the sale of any vehicle from a vacant or unimproved lot. “Vehicle,” as used in this subsection, means and includes everything so defined in the Vehicle Code of the state and, in addition, boats; .

H. Significant tobacco retailers.

SECTION 7. Sections 18.30.030 and 18.30.040 of the Gardena Zoning Code relating to uses allowed in the Commercial (C-2) zone are hereby amended to read as follows:

18.30.030 Uses permitted subject to a conditional use permit.

The following uses may be permitted subject to issuance of a conditional use permit pursuant to the provisions of Chapter 18.46 of this code:

A. Establishments selling or serving alcoholic beverages for consumption on or off the premises;
B. Day care facilities;
C. Group care facilities and community care facilities, but excluding community care facilities for residential uses for less than seven persons; D. Hospitals;
E. Amusement arcades;
F. Health facilities;
G. Massage establishments that are not otherwise subject to an exception pursuant to Section 5.48.030;
H. Urgent care centers;
I. Churches and related facilities. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages or minister’s residences;
J. Self-service laundromats;
K. Supermarkets;
L. Cigar and hookah lounges in compliance with section 18.46.030C.30; and

13 ML. Those uses permitted with a conditional use permit, pursuant to Section

18.46.030C.

18.30.040 Uses prohibited.

All uses not listed in Sections 18.30.020 and 18.30.030 are deemed to be expressly prohibited, except those determined to be similar pursuant to the provisions of Section 18.42.040. No similar use determination may be made for the following specific uses, which are deemed to be either incompatible with the uses permitted in the C-2 zone or otherwise and are therefore prohibited:

A. Residential uses;
B. Any combination of residential and nonresidential uses in any building or structure or on any lot;
C. Hotels and motels;
D. Industrial uses;
E. Laboratories, other than medical and dental;
F. Wholesaling and warehousing;
G. (Deleted) Significant tobacco retailer;
H. Outdoor sales, including sales of products from trucks, conducted on vacant lots and outdoor sales of products not related to the business conducted on the premises; I. Adult-oriented businesses as defined by Section 18.62.020G; J. It is unlawful to sell, contract to sell, offer to sell, display for the purpose of sale, or permit the sale of any vehicle from a vacant or unimproved lot. “Vehicle,” as used in this subsection, means and includes everything so defined in the Vehicle Code of the state and, in addition, boats;
K. Swap meets.

SECTION 8. Sections 18.32.030 and 18.32.040 of the Gardena Zoning Code relating to uses allowed in the General Commercia l (C-3) zone are hereby amended to read as follows:

18.32.030 Uses permitted subject to a conditional use permit.

The following uses may be permitted in the C-3 zone subject to the issuance of a conditional use permit in accordance with the procedure set forth in Chapter 18.46:

14 A. Car wash facilities;
B. Establishments selling or serving alcoholic beverages for consumption on or off the premises;
C. Group care facilities and community care facilities, but excluding community care facilities for residential uses for less than seven persons; D. Recreational vehicle storage facilities, provided they are not located on arterial and major collector streets;
E. Motor vehicle dealerships;
F. Hospitals;
G. Day care facilities;
H. Amusement arcades;
I. Hotels and motels, subject to the requirements set forth in Section 18.46.030C.15; J. Amenity hotels, subject to the requirements set forth in Section 18.46.030C.29; K. Health facilities;
L. Massage establishments that are not otherwise subject to an exception pursuant to Section 5.48.030;
M. Urgent care center;
N. Vocational colleges, such as barber and beauty colleges, modeling schools and medical training and trade schools;
O. Churches and related facilities. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages or ministers’ residences;
P. Automobile service stations;
Q. Self-service laundromats;
R. Neighborhood markets;
S. Health clubs;

15 T. Supermarkets;
U. Lodges and meeting halls;
V. Cigar and hookah lounges in compliance with section 18.46.030C.30; WV. Those uses permitted with a conditional use permit, pursuant to Section

18.46.030C.

18.32.040 Uses prohibited.

All uses not listed in Sections 18.32.020 and 18.32.030 are deemed to be expressly prohibited, except those determined to be similar pursuant to the provisions of Section 18.42.040. No similar use determination may be made for the following specific uses, which are deemed to be either incompatible with the uses permitted in the C-3 zone and are thereforeor otherwise prohibited:

A. Residential uses;
B. Any combination of residential and nonresidential uses in any building or structure or on any lot;
C. Industrial uses;
D. Wholesaling and warehousing;
E. Outdoor sales, including sales of products from trucks, conducted on vacant lots and outdoor sales of products not related to the business conducted on the premises; F. It is unlawful to sell, contract to sell, offer to sell, display for the purpose of sale, or permit the sale of any vehicle from a vacant or unimproved lot. “Vehicle,” as used in this subsection, means and includes everything so defined in the Vehicle Code of the state and, in addition, boats;
G. Swap meets;
H. Adult-oriented businesses as defined by Section 18.62.020G; I. Significant tobacco retailers.

SECTION 9. Sections 18.34.030 and 18.34.040 of the Gardena Zoning Code relating to uses allowed in the Heavy Commercial (C -4) zone are hereby amended to read as follows:

18.34.030 Uses permitted subject to a conditional use permit.

16 The following uses may be permitted in the C-4 zone subject to the issuance of a conditional use permit in accordance with the procedure set forth in Chapter 18.46:

A. Car wash facilities;
B. Establishments selling or serving alcoholic beverages for consumption on or off the premises;
C. Recreational vehicle storage facilities;
D. Amusement arcades;
E. Hotels and motels, subject to the requirements set forth in Section 18.46.030C.15; F. Amenity hotels, subject to the requirements set forth in Section 18.46.030C.29; G. Health facilities;
H. Group care facilities and community care facilities, but excluding community care facilities for residential uses for less than seven persons; I. Hospitals;
J. Urgent care centers;
K. Churches and related facilities. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages or ministers’ residences;
L. Motor vehicle dealerships;
M. Automobile service stations;
N. Self-service laundromats;
O. Neighborhood markets;
P. Supermarkets;
Q. Health clubs;
R. Lodges and meeting halls;
S. Drive-in restaurant;

17 T. Drive-in theaters;
U. Golf driving range and golf pitch and putt courses;
V. Taxicab services;
W. Massage establishments that are not otherwise exempt from the requirements of Chapter 5.48;
X. Self-storage facilities; provided, that the self-storage units do not exceed more than seventy-five feet of ground floor street frontage on a major collector or arterial street, or are otherwise buffered by another allowed, or conditionally allowed, use, including a retail component of the facility, and subject to the requirements set forth in Section

18.46.030C.17; and
Y. Cigar and hookah lounges in compliance with section 18.46.030C.30; ZY. Those uses permitted with a conditional use permit, pursuant to Section

18.46.030C.

18.34.040 Uses prohibited.

All uses not listed in Sections 18.34.020 and 18.34.030 are deemed to be expressly prohibited, except those determined by the commission to be similar pursuant to the provisions of Section 18.42.040. The following specific uses are deemed to be incompatible with the uses permitted in the C-4 zone and are thereforeor otherwise prohibited:

A. Residential uses;
B. Any combination of residential and nonresidential uses in any building or structure or on any lot;
C. Industrial uses;
D. Wholesaling and warehousing;
E. Commercial uses other than those specifically listed or provided for in Sections 18.34.020 and 18.34.030;
F. Outdoor sales, including sales of products from trucks, conducted on vacant lots and outdoor sales of products not related to the business conducted on the premises; G. Adult-oriented businesses as defined by Section 18.62.020G of this code;

18 H. It is unlawful to sell, contract to sell, offer to sell, display for the purpose of sale, or permit the sale of any vehicle from a vacant or unimproved lot. “Vehicle,” as used in this subsection, shall mean and include everything so defined in the Vehicle Code of the state and, in addition, boats;
I. Swap meets;
J. Significant tobacco retailers.

SECTION 10. Section 18.36.030 and 18.36.050 of the Gardena Zoning Code relating to uses allowed in the Industrial (M-1) zone are hereby amended to read as follows:

18.36.030 Uses permitted subject to a conditional use permit.

Provided all activities are within an enclos ed building, unless otherwise provided, the following uses may be permitted in the M-1 zone, subject to the issuance of a conditional use permit in accordance with the procedures set forth in Chapter 18.46:

A. Ambulance services, provided they are not located on arterial and major collector streets.

B. Automobile repair facilities, provided they are not located on arterial and major collector streets.

C. Automobile service stations.

D. Building supply centers.

E. Car wash facilities.

F. Churches and related facilities, subject to the requirements set forth in Section

18.46.030C.16. Related facilities do not include day care facilities, schools (kindergarten through twelfth grade), and rectories, convents, parsonages, or ministers’ residences.

G. Contractor businesses; provided they are not located on arterial and major collector streets.

H. Establishments selling or serving alc oholic beverages for off- or on-premises consumption.

I. Health facilities.

J. Hotels and motels, subject to the requirements set forth in Section 18.46.030C.15.

K. Amenity hotels, subject to the requirements set forth in Section 18.46.030C.29.

19 L. Recreational vehicle storage facilities, pr ovided they are not located on arterial and major collector streets.

M. Self-storage facilities, at least five t housand feet from another si milar facility and not located along a major collector or arterial st reet, subject to the requirements set forth in Section 18.46.030C.17.

N. Urgent care centers.

O. Warehouse uses subject to the requirements set forth in Section 18.46.030C.18.

P. Single room occupancy (“SRO”) residential units subject to the following requirements in addition to the other requirements of Chapter 18.46:

1. Each room shall have a minimum floor area of one hundred fifty square feet and a maximum floor area of three hundred fifty square feet, which may include bathroom and/or kitchen facilities.

2. Dwelling units shall be offered for rent on a monthly basis or longer.

3. An SRO unit shall accommodate a maximum of two persons.

4. Each SRO development shall provide a minimum common area of ten square feet for each unit or two hundred fifty square feet, whichever is greater. All common areas shall be within the st ructure. Dining rooms, m eeting rooms, recreational rooms, or other similar areas approved by the comm unity development director may be considered common areas. Shared bathrooms, kitchens, janitorial storage, laundry facilities, common hallways, and other similar types of areas shall not be considered as common areas.

5. If a full kitchen is not provided in each SRO unit, common kitchen facilities shall be provided in the development. A full ki tchen includes a sink, refrigerator, and a stove, range top and/or oven.

6. Each SRO unit shall have a private to ilet in an enclosed compartment with a door and a sink, in addition to a kitchen sink if one is provided. The compartment shall be a minimum of fifteen square f eet. If private bathing facilities are not provided for each unit, shared shower or bat htub facilities shall be provided in accordance with the most recent edition of the Californi a Building Code for congregate residences. However, in no event shall there be less than one full shower or bathtub for every three units, and shower and bathtub facilities shall be located on each floor. Shared shower and bathtub facilities shall be accessible from a common area or hallway and shal l be provided with an interior lockable door.

7. Each SRO unit shall have a separate closet.

20 8. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten units, with at least one washer and dryer per floor.

9. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

10. Parking shall be provided for an SRO fa cility at the rate of one parking space per unit plus an additional two spaces for the resident manager.

11. A management plan sha ll be submitted with the conditional use permit application for an SRO development, which shall be approved by the planning commission. The management plan must address management and operation of the facility, rental procedures, safety and security of the residents, and building maintenance. A twenty-four-hour resident manager shall be provided for any single-room occupancy with ten or more units. An on-site manager and a manager’s office shall be provided for any SRO development with nine or less units; the manager must maintain hours in the office for at least thirty hours a week.

Q. Cigar and hookah lounges in compliance with section 18.46.030C.30.

18.36.050 Uses prohibited.

All uses not listed in Sections 18.36.020 and 18.36.030 are deemed to be expressly prohibited, except those determined to be similar pursuant to the provisions of Section 18.42.040. No similar use determination may be made for the following specific uses, which are deemed to be incompatible with the uses permitted in the M-1 zone and are therefore prohibited:

A. Cocktail lounges;
B. Displays and sales of motor vehicles from vacant or unimproved lots; C. Outdoor sales conducted on vacant lo ts and not related to the business on the premises; and
D. Residential uses; and.

E. Significant tobacco retailers.

SECTION 11. Section 18.46.030 of the Gardena Municipal Code is hereby amended by adding a new C.30 to read as follows:

30. Cigar and hookah Lounges (“Lounge”) as allowed in the MUO, C-R, C-P, C-2, C-3, C-4, M-1, and M-2 zones shall comply with the following requirements:

21 a. The Lounge has a valid tobacco re tailers permit, pursuant to Chapter

5.52 of this Code;
b. Entry is prohibited to anyone und er the age of 21 years and a sign is posted to that effect at the entrance;
c. No person who is obviously in toxicated or under the influence of any intoxicating drug or beverage shall be permitted entry; d. The Lounge must have a stand-al one ventilation system that is not shared with any other business or any porti on of the building in which the Lounge is located;
e. No advertisement, or display, of tobacco products shall be visible from the front of the business; and
f. The Lounge shall be in complia nce with all City, state and federal laws and regulations.

SECTION 12. CEQA . This Ordinance is categorically exempt from CEQA pursuant to the common sense exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which hav e the potential for causing a significant effect on the environment and where it can be s een with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. The changes are not for any specific project but is regulator y in nature and therefor e will not impact any environmental resource of haz ardous or critical concern, will not create cumulative impacts, or impacts to scenic highways, hazardous waste sites, or historical resources.

As such, staff is directed to file a Notice of Exemption SECTION 13. Severability. 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.

SECTION 14. Certification. The City Clerk shall certify to the adoption of this Ordinance.

SECTION 15. Effective Date. This Ordinance shall take effect on the thirty-first day after passage.

SECTION 16. Effect on Existing Uses. This Ordinance shall not apply to any cigar or hookah lounge that is legally existing as of April 23, 2024. Legally existing means that in addition to any required city licenses and pe rmits, the business has the required state license and a tobacco retailers permit from the City.

PASSED, APPROVED AND ADOPTED this ______ day of __________, 2024.

22 ________ _____________________
T A S H A C E R D A , M a y o r

ATTEST:

Mina Semenza, City Clerk

APPROVED AS TO FORM:

Carmen Vasquez, City Attorney
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.B
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: April 23, 2024

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

PUBLIC HEARING: INTRODUCTION ORDINANCE NO. 1865
: Amending
Chapter 18.60 of the Gardena Municipal Code and Sections of 5.08.170, 8.16.030 and

8.16.050 relating to temporary use permits and temporary events permits, and amending Section 5.04.160, 5.04.278, and 5.28.020 of Title 5
Environmental Determination:

The project is exempt pursuant to CEQA Guidelines sections 15061(b)(3) and 15304, as there is no possibility that the activity may have a significant effect on the environment, and considered minor alterations to a land project.

RESOLUTION NO. 6659:

Adopting an application fee for Temporary Use and Temporary Event Permits
Environmental Determination:

The project is exempt under Public Resources Code Section 21080(B)(8) and CEQA Guidelines Section 15273.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Open the public hearing, receive testimony from the public, allow three (3) minutes for each speaker, and close the public hearing.

Staff Recommendation for Motion: Introduce Ordinance No. 1865 and adopt Resolution No. 6659.

RECOMMENDATION AND STAFF SUMMARY:

On March 12, 2024, City Council held a public hearing for Ordinance No. 1865 relating to temporary use permits and temporary events permits
. At that time, staff recommended to the
City Council that the Ordinance be redrafted to add provisions to allow for walk-up food distribution events, in response to correspondences received prior to the meeting.

At the close of the hearing, the Council moved to have the Ordinance updated with the suggested changes and directed it be brought back to the Planning Commission for their recommendation.

On April 2, 2024, the Planning Commission adopted Resolution No. PC 8-24, by a 5-0 vote, recommending that the City Council adopt Ordinance No. 1865 with the updated language.

Resolution No. 6659 would adopt an application fee for Temporary Use and Temporary Event Permits.

FINANCIAL IMPACT/COST:

Resolution No. 6659 establishes a Temporary Use permit fee of $1,160.50, and a Temporary Event permit fee between $360.00 to $756.00 dependent upon the number of attendees expected for the event. At this time the full financial impact is unknown.

ATTACHMENTS:

Staff Report presented to Planning Commission on April 2nd.pdf Planning Commission Resolution No. PC 8-24.pdf
Ordinance No. 1865 with changes highlighted.pdf
Resolution No. 6659.pdf
Cost Detail Temporary Use Permit.pdf
Cost Detail for Temporary Event Permit.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

CITY OF GARDENA

PLANNING AND ENVIRONMENTAL QUALITY COMMISSION

STAFF REPORT
RESOLUTION NO. PC 9-24
ZTA # 1-24
AGENDA ITEM #7.B

DATE: April 2, 2024

TO: Chair Henderson and Members of the Planning and Environmental Quality Commission

FROM: Greg Tsujiuchi, Community Development Director

PREPARED BY: Amanda Acuna, Community Development Manager

APPLICANT: City of Gardena

LOCATION: Citywide

REQUEST: Recommending that the City Council adopt Ordinance No. 1865 amending Gardena Municipal Code Chapter 18.60 and Sections

5.08.170, 8.16.030, and 8.16.050 relating to temporary use permits and temporary evens permits and amending section 5.04.160 and

5.04.278 relating to permits and finding the Ord inance to be categorically exempt from the provisions of the California Environmental Quality Act pursuant to Guidelines § 15061(b)(3) and § 15304 as a Minor Alterations to Land.

BACKGROUND/ANALYSIS

On January 16, 2024, the Planning Commission considered a recommendation on drafted Ordinance No. 1865, relating to the provisions for temporary use permits and temporary events permits in the City. At the close of the hearing, the Commission adopted Resolution No. PC 1- 24, making a recommendation to the City Council that Ordinance No. 1865 be adopted.

On March 12, 2024, the City Council held a duly noticed public hearing to consider the adoption of the Ordinance. At the meeting the Council considered a letter sent to the staff on March 5, 2024, from the YMCA located at 1000 West Artesia Blvd., who was currently hosting a walk -up food distribution event in conjunction with a local non- profit. In consideration of t he comments made by the YMCA, staff recommended to the City Council that Ordinance No. 1865 be drafted to provide specific provisions for these types of events. At the close of the public hearing the City Council directed staff to amend the April 2, 2024
ZTA #1-24

Ordinance to add provisions which would allow food distribution centers to operate in conjunction with non-profits. At this time the staff has prepared the proposed changes to the draft Ordinance. As these changes to the draft Ordinance include additional zone text amendments that were not brought to the Commission for consideration before, staff are bringing the Ordinance back to the Planning Commission for consideration. The Commission is being asked to make a recommendation to the City Council for the zone text amendments proposed under Ordinance No. , 1865. The following summarizes the changes to the Ordinance since last presented to the Commission. Additionally, the staff report presented to the Commission on January 16, 2024, is attached (Attachment B ) to provide a summary of the previously proposed zone text amendments.

ADDITIONAL AMENDMENT UNDER ORDINANCE NO. 1865

Ordinance No. 1865 has been amended to allow for walk -up food distr ibution in conjunction with a non-profit to happened up to two days a week, which need not happen consecutively. Similarly to certified farmer’s market events, there will be no limit to the number of events yearly.

Special event 4 days 12
Outdoor sales events 4 days per event – with a
maximum of four outdoor sales
event in a 12 month period
4 Certified Farmer’s Market 2 days a week, need not be
consecutive
No maximum
Non-certified Farmer’s
Market
3 days 4
Walk-up food distribution in
conjunction with a non-
profit
2 days a week, need not be
consecutive
No maximum
Seasonal sales lots –
pumpkin patches and
Christmas Trees
45 days each Limited to September 15
through December 31 of
each calendar year
Lastly, as a cleanup, GMC Section 5.28.020 has been amended to provide clarification to whether solicitation permits are subject to special event permits.

ENVIRONMENTAL REVIEW
This zone text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. Additionally, the ordinance is exempt pursuant to Guidelines section 15304 as a Minor Alteration to Land.

April 2, 2024
ZTA #1-24

NOTICE
The public hearing notice was published in the Gardena Valley News on March 21, 2024 (Attachment C). A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department Room 101, City Hall and are considered part of the record.

RECOMMENDATION
Staff recommends the Planning and Environmental Quality Commission to:
1) Conduct the public hearing;
2) Receive testimony from the public; and
3) Adopt Resolution No. PC 9-24 recommending that the City Council adopt Ordinance No. 1865, with the recommended changes.

ATTACHMENTS

A – Planning Commission Resolution No. PC #9-24
Exhibit A – Draft Ordinance No. 1865 with changes highlighted

B – Staff Report Dated January 16, 2024

C – Public Hearing Notice

1 ORDINANCE NO. 1865

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA AMENDING CHAP TER 18.60 OF THE GARDENA
MUNICIPAL CODE AND SECTIONS 5.08.170, 8. 16.030 AND 8.16.050

RELATING TO TEMPORARY USE PERMITS AND TEMPORARY EVENT
PERMITS, AND AMENDING SECT IONS 5.04.160 AND 5.04.278 OF TITLE 5 RELATING TO PERMI TS AND FINDING THAT THE

ORDINANCE IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT
TO CEQA GUIDELINES SECTIO NS 15061(b)(3) (COMMON SENSE
EXEMPTION) and 15304 (MINOR ALTERATIONS TO LAND)

WHEREAS, the City of Gardena has received requests to hold special, temporary events by various businesses in the City; and
WHEREAS, the City does not have clea r and adequate procedures and regulations to govern such events; and
WHEREAS, the lack of clear and adequate procedures and regulations has created issues for staff as they struggle to review last minute applic ations without clear direction; and
WHEREAS, the City Council desires to allo w temporary uses and temporary events to be held in the City subject to reasonable rules and regulations; and WHEREAS, the City Council has the power to adopt such rules and regulations pursuant to Article XI, section 7 of the California Constitution; and WHEREAS, the Planning Commission of the City of Gardena held a duly, noticed public hearing on this matter on January 16, 2024, at which time it considered all evidence presented, both written and oral after which it adopted Planning Commission Resolution No. 1-24 recommending that the City Council adopt Ordinance No. 1865; and WHEREAS, the City Council of the City of Gardena held a duly noticed public hearing on this matter on March 12, 2024 at which time it considered all evidence presented, both written and oral; and
WHEREAS, at the close of the public heari ng the City Council di rected staff to amend the Ordinance to add provisions which would allow food distribution centers operated in conjunction with non-profits; and
WHEREAS, the Planning Commission of the City of Gardena held a duly, noticed public hearing on the revised Ordinance on April 2, 2024, at which time it considered all evidence presented, both wr itten and oral after which it adopted Planning Commission Resolution No. PC 8-24 recommending that the City Council adopt Ordinance No. 1865 as amended; and

2 WHEREAS, the City Council of the City of Gardena held a duly noticed public hearing on this matter on April 23, 2024 at which time it considered all evidence presented, both written and oral;
NOW, THEREFORE, the City Council of the City of Gardena does hereby ordain as follows:

SECTION 1. Chapter 18.60 of the Gardena Municipal Code is hereby repealed and a new Chapter 18.60 is hereby added to read as follows:

CHAPTER 18.60

TEMPORARY USE AND TEMPORARY EVENT PERMITS

FOR PRIVATE PROPERTY

18.60.010 Intent and purpose.

A. The intent of this chapt er is to provide a process for reviewing and acting upon proposed temporary uses and temporary events at specific locations that would otherwise be inappropriate as classified uses on a permanent basis. A temporary use permit or temporary event permit allows short-term ac tivities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of the temporary nature. It is further the intent to avoid incompatibility between such temporary activities and the surrounding areas by regulating such activities so as to prevent or mitigate adverse effe cts associated with or resulting from such temporary uses.

B. Temporary use and temporary event permits are in addition to any other required city approvals, licenses, and inspections required by applicable laws or regulations.

18.60.020 Definitions.

“Temporary activity” shall mean both “temporary uses” and “temporary events.”

“Temporary event” shall mean an event of a limited duration.

“Temporary use” shall mean the use of a property that is not meant to be permanent in nature, but may be approved for a period of up to one year.

18.60.030 Allowed Temporary Uses and Temporary Events.

The temporary activities set forth in this Chapter may be allowed, subject to the issuance of a temporary use or temporary event permit by the Director. Conditions may be imposed on these permits to ensure compliance with the required findings se t forth in Section

3 18.60.080. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property.

18.60.040 Temporary Uses
A. The following temporary uses ma y be allowed upon approval of a temporary use permit issued by the Community Development Director.

1. Construction yards. Off-site contractor cons truction yards including the storage of building materials, in conjunction with an approved construction project within the City limits. The permit shall expire upon completion of the construction project or the expiration of the co mpanion building permit authorizing the construction project.

2. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. In addition, a mobile home may be used as a temporary residence of the property owner when a valid building permit has been issued for the remodel of a single family dwelling and the Building Official has determined that the extent of such remodel would prevent the safe occupancy of the dwe lling. The Temporary Use Permit may be approved for up to 1 year, or upon expiration of the building permit, whichever occurs first.

3. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project or other location within 1,250 feet, solely for the first sale of homes. A permit for a temporary real estate office may be approved for up to 1 year.

4. Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed:
a. During construction or re modeling of a permanent commercial or industrial structure, when a valid building permit is in force up to 1 year, or upon expiration of the building permit, whichever occurs first; or b. For a temporary office occ upied only by employees of a business or manufacturer conducting business on pr operty not normally open to the general public for up to 1 year;
c. Upon demonstration by t he applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained for up to 1 year.

5. Similar temporary uses. Similar temporary uses t hat, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.

4 B. When a request for an extension of time within which to comply with any requirement or condition imposed pursuant to t he provisions of this chapter is filed for approval, a fee in an amount established by city council resolution shall be paid for the purpose of defraying the costs incidental to the processing of such request.

18.60.050 Temporary Events
A. Temporary Events. T he following events may be allowed upon approval of a temporary event permit by t he Community Development Director and as summarized in Table 18.60-1 below:

1. Grand opening. An event which involves activities outside of the normal business activities, to identify the opening of a new business, the change of ownership for an existing business, or the change of name for an existing business. a. A grand opening event may last for up to four days.
b. No more than two grand openings shall be allowed per business address in a 12 month period.
c. An event does not include minimal activities such as putting up a temporary banner or having a ribbon cutting ceremony.

2. Special event. A temporary event for the use of a premise for an activity that is unrelated to or exceeds the scope of the bus iness licensed and approved for such premises. Special events may be indoors or outdoors and include swap meets, fairs, festivals, flea markets, car shows, and auto dealer sales events.

Special events shall be subject to the following:
a. A special event may last up to four days.
b. The applicant for the event shall be responsible for payment of all business license fees to the City in accordance with Title 5 of this Code and shall comply with the California Department of Tax and Fee Administration relating to Operators of Swap Meets, Flea Markets, or Special Events. c. No special event may include servic es of any type that requires a state license or certificate unless the person performing such services has a copy of the required license or certificate and a government issued identification on their person at all times services are being provided.

3. Outdoor sales events. Unless exempt pursuant to Section 18.60.100, temporary events related to an existing business with temporar y outdoor sale of merchandise in any commercial or industrial zoning district, in compliance with the following provisions:

5 a. The merchandise displayed shall be that customarily sold at the business premises;
b. The site is used for a permanent ly established business holding a valid business tax certificate as required; and
c. Such events may take place four times in a twelve month period for up to four days per event.

4. Farmer’s Markets. Both certified and noncertified Farmer’s Markets may be permitted in compliance with the following provisions:
a. The applicant for the event shall be responsible for payment of all business license fees to the City in accordance with Title 5 of this Code and shall comply with the California Department of Tax and Fee Administration relating to Operators of Swap Meets, Flea Markets, or Special Events. b. A certified Farmer’s Market sha ll be authorized by the County of Los Angeles Agricultural Commissioner and sponsored by a non-profit organization or a local governmental entity. Certified Farmer’s Markets may operate twice a week throughout each calendar year.
c. A noncertified Farmer’s Market may operate four times a year for up to three days for each event.

5. Seasonal sales lots. Seasonal sales activities for pumpkin patches and Christmas tree lots, including temporar y security trailers, on nonresidential properties, in compliance with the following:
a. Sales activity shall only ta ke place between September 15 and December 31.
b. The sales activity may be appr oved for a maximum of 45 days. c. An applicant may apply for a permi t for both a pumpkin patch and a Christmas tree lot at the same time.

6. Similar temporary events. Similar temporary events that, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.

Table 18.60-1 - Temporary Event Table
Temporary Event Type Maximum Number of Days
Per Event
Maximum Number of
Similar Events per 12
month period
Grand Opening 4 days 2 per business address

6 Special event 4 days 12
Outdoor sales events 4 days per event – with a
maximum of four outdoor sales
event in a 12 month period
4 Certified Farmer’s Market 2 days a week, need not be
consecutive
No maximum
Non-certified Farmer’s
Market
3 days 4
Walk-up food distribution in
conjunction with a non-profit
2 days a week, need not be
consecutive
No maximum
Seasonal sales lots – pumpkin
patches and Christmas Trees
45 days each Limited to September 15
through December 31 of each
calendar year
B. Except for certified farmer’s markets and walk-up food distribution events in conjunction with a non-profit, there may not be in no event may more than 12 temporary events of any combination that takes place at any single property address in a 12 month period.

C. Alcohol sales and service may be allo wed where the applicant has obtained the required permit from the Department of Alcoholic Beverage Control by the time of the event.

D. Food and drink sales and service may be allowed provided they are served in compliance with applicable laws, including required permits for sale or distribution of food and drinks.

18.60.060 Application.

A. An application for both a temporary use permit or temporary event permit shall be filed by the owner, lessee or other person having the right to the possession of the land for which the permit is sought. At a minimum, the application for either of these permits shall contain the following information:

1. The name, address, phone number and e-mail address of the applicant;

2. Evidence in the form of an o fficial or governmental agency issued document or identification card that the applicant is eighteen (18) years of age or older or in instances involving alcohol sales twenty-one (21) years of age or older;

3. Property owner authorization along with t he name, residence address, email address, and telephone number of th e property owner on whose property the temporary activity will take place;

4. The pr oposed dates of the temporary activity;

7 5. A plot plan drawn to scale and whic h designates all land uses on the property, the location of the proposed temporary activity/facility, utility connections, yards, off-street parking, and other info rmation which the planning division may require; and

6. Any supplemental informati on deemed necessary by the Director to determine whether the application should be granted, conditioned or denied.

B. Applications for temporary events shall include the following additional information:

1. A detailed descripti on indicating all components of the temporary activity such as rides, entertainment, amplified music, canopies, tents, inflatable devices, jump tents, temporary banners, displays and sales, portable toilets;

2. A parking plan which may include o ff-site parking locations, shuttles, and valet parking;

3. Expected number of attendees;

4. The daily hours of the temporary activity;

5. Additional dates needed for set-up and tear down.

C. Filing Fees. The applicant shall pay a filing fee established by City Council resolution to defray the costs incurred by the city in processing the temporary use permit application.

D. Indemnification. The app licant shall be required to sign an indemnification and/or hold harmless agreement with the city.

E. Timing of Application. A pplications which are filed within the following time frames shall be acted upon by the Director at least one day before the scheduled event.

1. Applications for temporary uses, filed a minimum of 21 business days before the desired start date.

2. Applications for temporary events filed a minimum of 10 business days before the desired start date.

F. No application shall be accepted and pr ocessed unless all of the required information is provided and completed, as required by this chapter.

18.60.070 Director’s Decision.

8 A. The Director shall review the applicat ion, consult with those departments of the city which might have an interest in or juri sdiction over some aspect of the proposed temporary use, and make any necessary investigation.

B. After review and consultation, the Director shall approve, conditionally approve, or deny the application for the temporary use or temporary event permit.

C. In approving an applicati on, the Director may impose such conditions as deemed necessary to protect the public health, safety and welfare in order to make the required findings set forth in Section 18.60.080. Such conditions may involve any pertinent factors affecting the operation of such temporary activity. In addition to such other conditions as the Director may impose, it s hall also be deemed a condition of every temporary use or temporary event permit, whether such condition is set forth in the permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of any permanent building, structure or facility.

1. Conditions may be imposed to require the provision of the following, which is not meant to be an all-inclusive list:

a. Sanitary and medical facilities;
b. Security and safety measures;
c. Solid waste collection and disposal.

2. Conditions may be imposed to regulate the following, which is not meant to be an all-inclusive list:

a. Nuisance factors;
b. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested;

c. Temporary signs;
d. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open areas.

3. All permits shall be conditioned to pr ovide that the site shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and to require t hat the temporary activity be removed and the site restored as necessary to ensure that no changes to the site will occur.

18.60.080 Findings.

9 The following findings shall be made in order for the Director to approve a temporary use or temporary event permit:

A. T he proposed site is adequate in size and shape to accommodate such temporary activity without material detriment to the use, enjoyment or valuatio n of the property of other persons located in the vicinity of the site;
B. S ufficient off-street parking spaces, which may include off-site locations, shuttles, or valet parking, are provided;
C. T he proposed site is adequately served by st reets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary activity will or could reasonably generate;
D. The proposed activity will not interfere with any other te mporary activity for which a permit has already been approved or with the pr ovision of City services in support of other scheduled activities;
E. The use or event will comply with all applicable provisions of local, state and federal laws and regulations.

F. The proposed activity will not be detri mental to the public peace, health, safety or welfare;
G. None of the grounds set fort h in Section 18.60.090 exist.

18.60.090 Grounds for Denial.

An application shall be denied if any of the following grounds exist:

A. The information contained in the appl ication or supplemental information requested from the applicant is found to be materially fals e, or such information is incomplete;
B. The applicant or the person or ent ity on whose behalf the application for the permit was made has failed to conduct a previously authorized activity in accordance with the law or the terms of the permit, or both;
C. The applicant or t he person or entity on whose beh alf the application for permit was made, has outstanding and unpaid debts to the City; D. The applicant fails to complete the indemnification and hold harmless requirements as prescribed by this chapter; or

10 E. Where conditions of a previous temporary use or tempor ary event permit issued to the applicant were violated, or where any City ordinance, rule or regulation was violated within the past twenty-four months.

18.60.100 Exemptions.

A. The following temporary activities shall be exempt from the provisions of this chapter:

1. Circuses and carnivals;

2. Fireworks stands;

3. Garage sales;

4. On-site contractor’s construction ya rds, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project, or the expiration of the building permit authorizing the construction project;

5. Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at book stores, opening receptions at art galleries); and

6. Any other use or event which requir es a separate permit from the City.

B. This chapter shall also not apply to the outdoor display of merchandise located within 10 feet of the main stru cture provided that the total di splay area is not located in any parking space, does not interfere wit h required pedestrian access, and does not create a public safety issue.

18.60.110 Revocation of permits.

A. The Director may revoke or suspend, in whole or in part, a temporary event or temporary use permit at any time if the Director finds: (1) the activity constitutes a public nuisance or disturbs the peace; (2) the activity is injurious to the public peace, health, safety or welfare; (3) the activity is conduc ted contrary to the pe rmit, permit conditions, any State or City law or rules and regulati ons adopted by the City Council or the City Manager, or Director governing special events; (4) the applicant, or his or her agent(s) or representatives, has willfully made false or misleading statem ents in the application or any other document required pursuant to this chapter.

B. Revocation or suspension shall become effective immediately upon delivery of a written notice to the person in immediate charge of the activity or portion thereof affected by such act. The notice of such revocati on or suspension shall specify the reasons

11 therefor. The Director may, for good cause, cancel and make null and void any revocation or suspension action, or written notice ordering the same, but in all cases he or she shall promptly take such steps as are necessary to inform appropriate City officials of the action taken, and of the reason or reasons therefor.

C. Upon revocation or suspension of a temporary use or temporary event permit, the permittee and any parties under the permittee’s control shall immediately cease operation of the activities subject to revocation or suspension. In the event that the permit is suspended, the permittee may resume operation once the suspension period has expired or canceled.

18.60.120 Appeals.

A. Any person or body, public or private, may appeal the decision of the Director to the City Manager. Such appeal shall be filed with the pl anning division within ten days after the date of the decision of the Director. Upon the receipt of such an appeal, the City Manager or the City M anager’s designee shall hold a hear ing no later than the third business day after the filing of the appeal, and will render a written decision no later than the next business day after hearing the appeal. The City Manager’s decision is final. The written decision of the City Manager shall be served upon the applicant or permittee.

B. A fee shall be paid at the time of the filing of the notice of appeal.

18.60.130 Unlawful to use City name without authorization.

It is unlawful for any applicant to use in th e title of the event the words “The City of Gardena” or “City of Gardena” in a manner that can be reas onably interpreted to imply that the event is sponsored or endorsed by the City or to use the facsimile of the seal or logo of the City of Gardena without the City’s written authorization.

SECTION 2. Section 5.04.160.A of the Gardena Municipal Code relating to permit procedures is hereby amended to read as follows:

A. Application of Section. No person s hall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on in any location within the city, a business or occupation for which a permit is required, without first having obtained the required permit in addition to the businesses license. No business license shall be issued for any business for which a permit is required pursuant to this Title until the permit is obtained. The procedures set forth in subsections B through L of this section shall apply to any business or occupation for which permit approval by the community development director or the city council is required under this Title , unless a more specific permit application procedure applies.

12 SECTION 3. Section 5.04.278.A of the Gardena Municipal Code relating to annual and periodic events is hereby amended to read as follows:

A. Notwithstanding Section 5.04.275 above, in the case of periodic events which occur more than once a year but which do not take place on a regular daily basis, the sponsor of the event may obtain a license and any permit required by this Title or Chapter 18.60 for all approved vendors included in the event and pay a fee for the business license bas ed upon gross receipts pursuant to Section 5.08.510 of this code.

SECTION 4. Section 5.08.170.B of the Gardena Municipal Code relating to circuses and carnivals is hereby amended to read as follows:

B. Permit Required. Prior to operating any circus or carnival, a permit shall first be obtained from the City Council in accordance with the provisions of Section 5.04.160 of this Code. The application shall be filed no later than thirty-five days prior to the scheduled event. No backg round check shall be required of the applicant. A list of all empl oyees and their date of birth shall accompany the application. Additionally, a temporary use pe rmit shall be required pursuant to Chapter 18.60 of this Code for any circus or carnival which lasts more than three days.

SECTION 5. Section 8.16.030.D of the Gardena M unicipal Code relating to firework stands is hereby deleted.

D. [repealed] At the time of filing the application for a permit to sell fireworks, pursuant to subsection C of this secti on, the fireworks di stributor (“company”) involved with the applicant must simultaneo usly file an application for temporary use permit (TUP), and pay the requisite fees.

SECTION 6. Section 8.16.050 of the Gardena Municipal Code relating to firework stands is hereby amended to read as follows:

8.16.050 Permit applications – Notice of acceptance or rejection.

Applicants for any such permits shall be notified by the community development director, or their designee, by May 15th of the granting or rejection of such applications for fireworks stand and Temporary Use Permits.

SECTION 7. Findings. In approving the changes to the Gardena Municipal Code set forth above, the City Council finds that adoption of this Ordinance is required for the public necessity, convenience, general welfare and good land use and zoning practices. This

13 Ordinance will provide rules and regulations for processing temporary activities and allow the city to impose conditions for the protection of the public health, safety and welfare.

SECTION 8. CEQA. Adoption of this Ordinanc e is exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) where it can be seen that the project will not have any possibility of creating significant effe cts on the environment. The ordinance does not authorize any development and is merely sets forth policy and procedures. Moreover, CEQA Guidelines section 15304 allows minors alterations to land, including temporary uses having negligible and no permanent effects.

SECTION 9. Severability. If any section, su bsection, subdivision, paragraph, sentence, clause or phrase of this ordi nance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragr aph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 10. Effective Date. This Ordinance shall take effect on the thirty-first day after passage.

SECTION 11. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.

14 PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2024.

TASHA CERDA, Mayor
ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

RESOLUTION NO. 6659

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA,

CALIFORNIA, ADOPTING AN APPLICATION FEE FOR TEMPORARY

USE AND TEMPORARY EVENT PERMITS AND FINDING THAT THE

FEE IS EXEMPT UNDER PUBLIC RESOURCES CODE SECTION
21080(B)(8) AND CEQA GUIDELINES SECTION 15273
.

WHEREAS, the City of Gardena City Council has introduced Ordinance No. 1835 to amend the provisions on Temporary Use Permits; and

WHEREAS, Section 18.16.060 of Ordinance No. 1865 provides that applications for Temporary Use Permits and Temporary Event Per mits shall be accommodated by a fee in an amount established by resolution of the City Council; and

WHEREAS, Government Code Section 66014 provides that when a local agency charges fees for filing and processing applications for planning services or under any other authority, those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, and such fees may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations; and

WHEREAS, the City Council has determined that the cost of staff time for processing these permit applications should be borne by the applicants rather than the citizenry-at-large; and

WHEREAS, on March 12, 2024, the City Council held a duly noticed public hearing on the fees that are the subject of this Resolution, which hearing was noticed in accordance with Government Code section 6062(a);

NOW, THEREFORE, THE CITY COUNCIL OF THE C ITY OF GARDENA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council has determined that Temporary Use Permit fees imposed under Ordinance No. 1865 of the Gardena Municipal Code shall each be $1,160.50. This fee supersedes the Temporary Use Permit fee set forth in Resolution No. 6386.

SECTION 2. The City Council has determined that Temporary Event Permit fees imposed under Ordinance No. 1865 of the Gardena Municipal Code shall be as follows:
• $360 Small Events with 1-99 attendees
• $447 Medium Events with100-299 attendees
• $756 Large Events with 300 more attendees

SECTION 3. The City Council finds that all of the Whereas Clauses set forth above are true and correct. The City Council further finds that the fees do not exceed the cost of providing the services for which the fees are charged.

DocuSign Envelope ID: 429EF2D5-004F-4D88-A567-46E262C83E9B Resolution No. 6650

3 SECTION 4. CEQA. The establishment of these fees are statutorily exempt from the requirements of CEQA because setting these fees fit within the exemptions for local agency decisions involving rates, tolls, or other charges as specified by Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273.

SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Resolution, or any part hereof, including any specific fee, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution or any part thereof, including any other fee. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, phrase or fee, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or fees be declared invalid or unconstitutional.

SECTION 6. CITY CLERK. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

SECTION 7. EFFECTIVE. The Temporary Use Permit fee shall be effective immediately.

The Temporary Event Permit fees shall not be effective until such time as Ordinance No. 1865 takes effect.

Passed, approved, and adopted this 12th day of March, 2024.

_______________________________
TASHA CERDA, Mayor

ATTEST:

________________________________

MINA SEMENZA
City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

DocuSign Envelope ID: 429EF2D5-004F-4D88-A567-46E262C83E9B

January 3, 2024

CITY OF GARDENA
FY 2022/23

COST DETAIL WORKSHEET

SERVICE
TEMPORARY USE PERMIT T-676
10 REFERENCE NO.

TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING/BUILDING GENERAL BUILDING INSPECTO 2.00 $236.12 10 $2,361 PLANNING/BUILDING PLANNING ASSOC/ASST 3.00 $348.27 10 $3,483 PLANNING/BUILDING SR PLANNER 0.50 $65.35 10 $654 POLICE SUPPORT POLICE CHIEF 0.50 $218.67 10 $2,187 POLICE SUPPORT POLICE LIEUTENANT 1.00 $292.13 10 $2,921 $11,605 $1,160.54 7.00TYPE SUBTOTAL
$11,605 7.00TOTALS $1,160.50
January 3, 2024

CITY OF GARDENA
FY 2022/23

COST DETAIL WORKSHEET

SERVICE
TEMPORARY EVENT PERMIT- PRIV. PROP. T-676A
1 REFERENCE NO.

TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PERMITS AND LICENSESPERMIT/LICENSING TECH I/I Small 1.50 $152.75 1 $153 PLANNING/BUILDING COMM DEV DIRECTOR Small 0.25 $58.09 1 $58 PLANNING/BUILDING PLANNING ASSOC/ASST Small 0.50 $58.05 1 $58 PLANNING/BUILDING SR PLANNER Small 0.25 $32.67 1 $33 POLICE OPERATIONS POLICE SERGEANT Small 0.26 $58.32 1 $58 $360 $359.882.76TYPE SUBTOTAL
PERMITS AND LICENSESPERMIT/LICENSING TECH I/I Medium 1.50 $152.75 1 $153 PLANNING/BUILDING COMM DEV DIRECTOR Medium 0.50 $116.19 1 $116 PLANNING/BUILDING PLANNING ASSOC/ASST Medium 0.75 $87.07 1 $87 PLANNING/BUILDING SR PLANNER Medium 0.25 $32.67 1 $33 POLICE OPERATIONS POLICE SERGEANT Medium 0.26 $58.32 1 $58 $447 $447.003.26TYPE SUBTOTAL
PERMITS AND LICENSESPERMIT/LICENSING TECH I/I Large 1.50 $152.75 1 $153 PLANNING/BUILDING COMM DEV DIRECTOR Large 1.00 $232.37 1 $232 PLANNING/BUILDING PLANNING ASSOC/ASST Large 1.00 $116.09 1 $116 PLANNING/BUILDING SR PLANNER Large 1.50 $196.04 1 $196 POLICE OPERATIONS POLICE SERGEANT Large 0.26 $58.32 1 $58 $756 $755.575.26TYPE SUBTOTAL
$1,562 11.28TOTALS $1,562.00
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: April 23, 2024

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Reject all bids for the Gardena Rowley Park Basketball Rehabilitation Project, JN 530, and re-bid the project with modified requirements and/or scope.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Reject all bids and re-bid.

RECOMMENDATION AND STAFF SUMMARY:

The Gardena Rowley Park Basketball courts are located at 13220 Van Ness Ave. The project includes a new all-weather surface over existing concrete surfacing and reconfiguring the existing basketball court(s) to accommodate two new portable pickleball courts. Additionally, the existing lighting will be upgraded to high efficiency LED fixtures, with new, relocated or upgraded poles/fixtures. Drainage improvements are also included, with new catch basins and drywell stormwater storage and percolation retention areas within the existing tot lot.

The bid opening was held on March 19, 2024. Upon review, it was determined that the bid item prices are unbalanced and therefore, non-responsive. Staff investigated and discovered that all bidders significantly inflated the costs for the furnish and installation of the basketball surface bid item by $104,357.50 to $221,717.50. Therefore, staff will consider breaking up the project and bidding out the furnish and installation of the basketball surface separately to reduce the construction cost. Furthermore, We R Builders Inc., and Minco Construction did not list any of the certified installers as subcontractors, which also made their bids non-responsive.

Organization
Bid Amount

1. We R Builders, Inc., Glendale CA
$655,092.00

2. C.S. Legacy Construction, Inc., Walnut CA
$727,039.50

3. Minco Construction, Gardena CA
$736,081.50

Staff respectfully recommends that the City Council reject all bids for the Gardena Rowley Park Basketball Rehabilitation Project, JN 530, and proceed to re-bid the project with modified requirements and/or scope.

FINANCIAL IMPACT/COST:

None
ATTACHMENTS:

JN 530_We R Builders Bid.pdf
JN 530_CS Legacy Bid.pdf
JN 530_Minco Bid.pdf
JN 530_Bid Tabulation.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

BID PROPOSAL (BP)

ROWLEY PARK BASKETBALL REHABILITATION
PROJECT NO. JN 530
Contractor: We R Builders, Inc.

Address: 3746 Foothill Blvd.#304, Glendale, CA 91214
Phone: (714) 874-5275
Fax: NIA --------------
License No.: 1055746� Class: A&B

0.1.R. No. 1000884610
Email: operations@wrbconstruction_com
To Be Submitted
WITH
Bid Package

TO BE SUBMITTED WITH PROPOSAL
BP-1
Item
No.
1 2
3 4
5 6
7 8
9 10
11 12

BID PROPOSAL
PROJECT NO. JN 530

BID SCHEDULE
The undersigned, having examined the proposed Contract Documents titled:

ROWLEY PARK BASKETBALL REHABILITATION
and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within 60 Working Days from the date the Notice of Proceed is issued by the Engineer.

Approx.

Item Description · Unit Quantity .

Mobilization & Demobilization (5%) LS 1
Sawcut, Remove and Dispose Existing SF 1,256
Concrete Paving
Provide Concrete Crack Repair & LS 1
Grind to Even Plane
Remove and Dispose of Existing
Basketball EA
Post/Hoop/Backboard/Cone. Footing.

Grading Export (Cut) Tot Lot Area CY 266
Construct Concrete Pavement SF 1610
Furnish & Install Titan Trax Shield SF 14,670
System
Furnish & Install Crushed Rock CY 106
Subbase for Tot Lot
Furnish & Install 12-inch Depth of CY 160
Enqineered Tot Lot Wood Chips
Furnish & Install Benches EA 4
Furnish & Install Basketball Post, EA 4
Hoop, Backboard & Concrete FootinQ
Furnish Pickleball Net & Post System EA 2

TO BE SUBMITTED WITH PROPOSAL
BP-2
Unit Price
. in Figures .
:¾/\69@
'3C>rl)O t;,
\1
\ 1,, 1-'t6
1, 0 6'1
1,1
13 \1
\ 6 S
\ '1 \
1-, 011
6l ) ]J�
S, � �J
Item Total
?61li'1@
'\c.,,.,, ...
\�/ 6T2
rt 11-6
\1., 1��
� 6, 6 5 S
11; o7o
\ 1-61 (:)'-to
\ 1, ½ <:to
'11/ '£' C,
····-·---
b.1 11 i.
11-, ,�2-
, \ 1 l 06
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 Furnish Portable (rollers) Pickleball EA 1
Net & Post Svstem
Furnish & Install NOS FWAS24 EA 6
Drvwell (Or Equal)
Furnish & Install 12-inch Brooks Catch EA 5
Basin 1212CB or equal
Furnish & Install 18-inch Brooks Catch EA 1
Basin 1818GB or equal
Furnish & Install 24-inch Brooks Catch EA 1
Basin 2424CB or equal
Furnish and install 4-lnch Sch 40 PVC LF 555
Drainpipe
Furnish & Install Miscellaneous Turf & LS 1
Irrigation Repair
Remove & Dispose of Existing Post, EA 3
Liaht Fixture and Footina
Remove Existing Light Fixture (Pole to EA 1
Remain)
Remove and Dispose of Existing Wall EA 3
Mounted Lioht Fixtures
Furnish & Install (S 1) Slim Style Type EA 1
FT Optics, 20' Pole Mount
Furnish & Install (S2) Duel Slim Style EA 1
Type FT Optics, 20' Pole Mount
Furnish & Install (S3) Slim Style Type EA 1
FT Optics, Mount on Existina Pole
Furnish & Install (S4) Wall Mounted EA 3
LED Fixture w/ 0-1 OV Dimminq
Furnish & Install (S5) Slim Style Type EA 2
5W Optics, 20' Pole Mount
Furnish & Install (2)#10, (1) #1 OG / 1" LF 83
Conduit
All Other Miscellaneous Electrical LS 1
Work

TO BE SUBMITTED WITH PROPOSAL
BP-3
;,,. � !>J
<?,. 21-2
?,, IS>
>1 '2)1
'-t/11�
,-s
<i>1�00
1-,ooo
'2 ; (.\
'11; 0
\ \1 �Oo
\7., StJo
56 �
\, Oo O
\'2,000
\ 5o
1 ;1000
;I S�3
"-1 C,,. 6 ']1,,
--�···
lu1 11-S

1., 17'3
½1"31v
�G,,. o1>
<t:1 � 0 t,
�J� 0 t)
1 ;o
""l-'S 0
·\ L � o f3
\ 1, �oc,
5�o

7..,600
1, '-, ,. 0 0 ti
\'2, ½Sb

15.10cc,
--
BID SCHEDULE (Continued)
TOTAL CONTRACT BID:
(Figures) $ � s s/ 09 2. -�()
(Words) 5>t- \\'-W-¢l'c..l f��+:, l,�vc. \\...9--:'i½N d'; i'.\«.h l"-'" 9�\ltt,(5 c,n.,,1 2«" �l-t, * In case of error in extension of price into the total price column, the unit price will govern.

All work required and shown on the construction plans and this specification for which no price or item is listed on this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will paid therefor.

If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as non-responsive.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder's intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of --------------------------------Dollar
s, said amount being not less than 10 percent of the amount bid. Pursuant to Public Contract Code Sections 20172 and 20174, it is agreed a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Nezar Alsmadi
Name of Bidder

TO BE SUBMITTED WITH PROPOSAL
BP-4

BID PROPOSAL (BP)

ROWLEY PARK BASKETBALL REHABILITATION
PROJECT NO. JN 530
Contractor: c.s. t.9G\c� CorL�hvctfon,, Inc
Address: �1 � \2;zv:VA (0n�on r?d. SIT� Wu1 \nv·h U\.uJ ncyq Phone: ti1 oq -510 J U?l.b
Fax: &l oq --5qo -y 1\1
License No.: BZ--b'BlO

0.1.R. No. I() 0060 2.Yl�1
Email: � re.@[email protected] \-tjC\C t) · ne+
To Be Submitted
WITH
Bid Package

TO BE SUBMITTED WITH PROPOSAL
BP-1
Item
No.
1 2
3 4
5 6
7 8
9 10
11 12

BID PROPOSAL
PROJECT NO. JN 530

BID SCHEDULE
The undersigned, having examined the proposed Contract Documents titled:

ROWLEY PARK BASKETBALL REHABILITATION
and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within 60 Working Days from the date the Notice of Proceed is issued by the Engineer.

Approx.

Item Description Unit Quantity
Mobilization & Demobilization (5%) LS 1
Sawcut, Remove and Dispose Existing SF 1,256
Concrete PavinQ
Provide Concrete Crack Repair & LS 1
Grind to Even Plane
Remove and Dispose of Existing
Basketball EA 4
Post/Hoop/Backboard/Cone. F ootinQ.

Grading Export (Cut) Tot Lot Area CY 266
Construct Concrete Pavement SF 1610
Furnish & Install Titan Trax Shield SF 14,670
Svstem
Furnish & Install Crushed Rock CY 106
Subbase for Tot Lot
Furnish & Install 12-inch Depth of CY 160
Enoineered Tot Lot Wood Chips
Furnish & Install Benches EA 4
Furnish & Install Basketball Post, EA 4
Hoop, Backboard & Concrete Footino
Furnish Pickleball Net & Post System EA 2

TO BE SUBMITTED WITH PROPOSAL
BP-2
Unit Price
in Figures Item Total
-.:/
�
Sl) oor:.. ,dl s-O, oo«>.' '
'} ;;;-::>
?-b
:jl- I , -- $1/7 c'3l.

I
� r;,):
fl i7, G'Jl •
$l � 02--/.
�y
41 3 e(:. _1<J
·-\l l-�, �3
4 fl/. � v/
::ii 2,\../i , 8
/L/0 ..
o(,
J(
-�- ( '35'�-, 9J'I
�
� Jo uoo.

I
$ �I '6 ( i, y
u
JI' i? £'3f..

S-'2--.tt it 081 .•
if ;oz, r1-£, o'-f
.:li ')P>, hM.
').;
-4 2J ? 7c1-_ 8-0
V>- i· 8

1.:,e
� J z, ,
-# 1,-� t/01, ��
-f$ SJ z3. �o
Jt ttO O(X) •
(
t1;. cc,72, 1. c.JJ.
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 Furnish Portable (rollers) Pickleball EA 1
Net & Post System
Furnish & Install NOS FWAS24 EA 6
Drywell (Or Equal)
Furnish & Install 12-inch Brooks Catch EA 5
Basin 1212CB or equal
Furnish & Install 18-inch Brooks Catch EA 1
Basin 1818CB or equal
Furnish & Install 24-inch Brooks Catch EA 1
Basin 2424CB or equal
Furnish and install 4-lnch Sch 40 PVC LF 555
Drainpipe
Furnish & Install Miscellaneous Turf & LS 1
Irrigation Repair
Remove & Dispose of Existing Post, EA 3
Liaht Fixture and Footing
Remove Existing Light Fixture (Pole to EA 1
Remain)
Remove and Dispose of Existing Wall EA 3
Mounted Liqht Fixtures
Furnish & Install (S 1) Slim Style Type EA 1
FT O_Qtics, 20' Pole Mount
Furnish & Install (S2) Duel Slim Style EA 1
Type FT Optics, 20' Pole Mount
Furnish & Install (S3) Slim Style Type EA 1
FT Optics, Mount on Existing Pole
Furnish & Install (S4) Wall Mounted EA 3
LED Fixture w/ 0-1 OV Dimming
Furnish & Install (S5) Slim Style Type EA 2
5W Optics, 20' Pole Mount
Furnish & Install (2)#10, (1) #1 OG / 1" LF 83
Conduit
All Other Miscellaneous Electrical LS 1
Work

TO BE SUBMITTED WITH PROPOSAL
BP-3
1l ( 9.rG.o.: if (9>;(,
� i,76 7, 91 • {g bc7. e � - {'DI •
1,. 0,
Lit 21Jc-2-. _:::
#-J..,.rs-£.
�b
� '3/i'.> Cf('
C:,o
/ 63, it
-ti, .f, .').S D. 7o
<i,-J
#' I, 170.
<b>'J.23.1":>
# i11. � "3
{,]
� I 1 1 Vt 7,,. --
l/�
� l II I I i, ----
1tt' 1-,(.,,,-11...L/'3
� L/70 .-
t->
� II tt�?--.I
1/ 6<? (.J ' ' 1S
:ft l 1 6l�. J?J
<Ji· r2,Sl(, 110
.:ii Z1 Sr{,. to
Jt)e.91 b-9

I (,, '
�Jf rl0. 'lo
;ff. .s;,s-s-o,
-Jo
JI. Cf t/'L I •
LI?
-# 'JZ 3. /J
Jt 89�, 87
i I)
1$ fl, Y82--, -
tr 11, --n c,_
l(.<;'
$ 2,, I � 12-. 'f')
� \,� /0.
oj_
' JP --fJf ?;},. ,6Y. I
� 7,3/l/ ,·79
41-- 61 0G'{ IS
TOTAL CONTRACT BID:

BID SCHEDULE (Continued)
(Figures) $ 7 2--11 ()J f. S-D
* In case of error in extension of price into the total price column, the unit price will govern.

All work required and shown on the construction plans and this specification for which no price or item is listed on this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will paid therefor.

If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as non-responsive.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder's intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier),�h�ck, '(?a bic;lder's bond in the amount of ) D Jo \S1 c:J o"" cl Dollar
s, said amount being not less than 1 O percent of the amount bid. Pursuant to Public Contract Code Sections 20172 and 2017 4, it is agreed a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Name o
Signature of

TO BE SUBMITTED WITH PROPOSAL
BP-4
BUl PROPOSAL (BP)

ROWLEY PARK BASKE
T

BALL REHABILITATION
PROJECT NO. JN 530
Contractor: Minako America Corporation, dba Minco Construction Address: 522 E. Airline way, Gardena, CA 90248
Pnorie: (31 0) 516�81 oo
Fax: {310) 516-7404 ,.,,..,..___,....,......,......,..,..,...,,.-,.-..;;....;... ___,,_..;;....;...--- License No.; 612429, A, B, C-10, C-7
D. I.R. No. ,.;.1 .;;;...;oo=o.;;..;oo;;.;;2;.;.;12;;;.;s;...._ ________ _ Email: [email protected]
To Be Submitted
WITH
Sid: Package.

TOBESUSMITTEO WITH PROPOSAL
BP-1
1 2
3 4
5 6
7 8
9 10
11 12

BID PROPOSAL
'PROJECT NO. -LN_;530,
BID. SCHEDULE
Toe unc1arsignad, having examined the proposeci Contract Documents titled:
• .ROWLEY PARKBA.SKETBALL ,Rff:tAElllllA1lON
.. and having visited thrLsjte and exarriio� the conditions .aff$c1Jns rthe WQrk, tl.f;lfel:!y pro.poses . and agrees- to fu
r
nish all labor, materials, equiprnent; and appliances; and tO·perforrn operafj(m� necess�cy tp complete the work as requfred by s.a.id proposed Contract Docutri.ants and· itemized bid schedule below. All wor:k shall be completed W i
thin 60 Worldng Days from the
date the Noiice of Proceed is issued by the Engineer.

I Mobili�tton & Demobilization (5%} . I L$ I 1' 1$35,051.50 l$3s;os1.5o I .Sawcut, Remove and Dispose Existing I SF I 1,256 l$5.oo 1$6,280.00 Conorete??vini
I Proviqe Concrete·Crac!< Re�ir& I LS I t j$14,000.00 1$14,000.00 Grind tO:Even Plane·
Remove and Dispose of Exi1$tipg
II Baske1baU EA I 4 1$500.00 j$2,000.00
Post/Hooe/Backboard/Cone. Footir:

I Grading Export (Cut) Tot Lot Area CY 2�6 1$100,00 :1$26,600.00 I C.on$tivct l1011crete Pavement SF 1610 1$30.00 1$48,300.00 -
I Furnish & Install Titan Trax· Shleld I SF I 1.4,670 . 1$20,00 1$293,400.00 System
I Furnish & Install Crushed Rock I CY I 106 1$150.00 1$15,900.00 Subbase fortot t-0t
I Furnish &. Install' 12-inctt Depth of I CY- I 160 1$100.00 1$16,000.00 . Engineered Tot.Lot Wood Chips
I EA I
1$5,000.00 1$20,000.00Furnish &. ln�all .Bencbes 4
Furnish & Install Basketball Post, I EA I 4 1$3,000.00 1$12,000.00 Hoop Backboard & Concrete Footin
I F u.rni$h Pic�ebc1,U Net & P<IBt S �tem EA 2 $2,000.00 $4,000.00 'lO BE §.UBMIITED �m:t PBOf.OSAI,,
.BP'�2
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 Furnish Portable (rollers) Pickleball EA 1
Net & Post Svstem
Fumish & Install NOS FWAS24 EA 6
Dr:vwell (Or Equal)
Furnish & .Install 12-inch Brooks Catch EA 5
Basin 1212CB or eoual
Fumish & Install 18-inch Brooks Catch
Basin 1S18CB or· ®I.Jal • •
EA 1
Furnish & lnstaU24-inch Brooks Catch EA 1
Bas.in 2424GB or eaual
Furnish and install 4-lnch Sch 40 PVC LF 555
Dn:iinpioe
Furnish & ,Install Miscellaneous Turf & LS 1
Irrigation Repair
Remove & Dispose of Exi!rting Post, EA 3
Light, Fixture and Footing
Remove Exl$tlng Light Fixture (Pole to
Remain)
EA 1
Remove and Dispo� of Existing Wall EA s
Mounted LiahfFixtures
Furnish & Install (S1) Slim Style Type EA 1
FT Optics 20' Pole Mount
Furnish & Install (S2) Duel Slim Style EA 1
Tvoe FT Optics, 20' Pole Mount
Furnish &lnst�II (S3) Slim Style Type EA 1
FT O
p
tics, Mounton Existina Pole
Furnish & lnstall.(S4) Wall Mounted EA 3
LED Fixture w/ 0-1 0V Dimrnina
Furnish & lnstall:(S5).Slim Style Type EA 2
5W Optics 20' Pole Mount
Furnish & Install (2)#10, (1)#10G/ 1" LF 83
Cohduit
All Other Miscellaneous Eledric:al LS 1
Work
TO BE SUBMITTEO WITH PROPOSAL BP:..:3
$2,000.00 $2,000.00
$1,000.00 $6,000.00
$750.00 $3,750.00
$1,000.00 $1,000.00
$3,500.00 $3,500.00
$100.00 $55,500.00
..
$10,000.00 $10,000.00
$3,000.00 $9,000.00
$500.00 $500.00
$500.00 $1,500.00
$20,000.00 $20,000.00
$23,000.00 $23,000.00
$7,500.00 $7,500.00
$7,000.00 $21,000.00
$30,000.00 $60,000.00
$100.00 $8,300.00
$10,000.00 $10,000.00
TOTAL CONTRACT BID:
(Figures) $736,081.50
BID SCHEDULE (Continued)
(Words) Seven Hundred Thirty Six Thousand Eighty One Dollars and Fifty Cents * In case of error in extension of price into the total price column, the unit price will govern.

All work required and shown on the construction plans and this specification for which no pric� or item i.$ listed on this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for perfonning such work or furnishing such .equipment, labor, tools an!i materials shall be included in the abov«, lump slim or unit bid prices and no additional compensation will paid therefor.

If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as· non-responsive.

In case of any disttepancy between the words and the figures, the Words shall prevail. If the unit price and the total amount for any item are not in agreement, the: unit price alone shall be. considered to represent {he bidder's intention and all totals wlll be corrected to conform ther�to.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of 10% of the bid amount ·oollar
s, said amount being not less than 1 0 percent of the amount bid. Pursuant to Public Confraci Code Sections 20172 and 20174, it is agreed a portion equal to the-difference between the law bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificate$ of insuranoo within the time provided.

Minako America Corporation, dba Minco Construction
Name of Bicjder
,I 1::$�vt
TO .ae.$lJBNIITTED WITH PROPOSAL
BP-4

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.B
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: April 23, 2024

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

PUBLIC HEARING
:

RESOLUTION NO. 6655
: Confirming the Diagram and
Assessment contained in the Engineer's Report dated March 11, 2024, for the Gardena Artesia Boulevard Landscape Assessment District and ordering the levy of assessments on the same for Fiscal Year 2024-2025.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Conduct Public Hearing; allow each speaker three (3) minutes; and Adopt Resolution 6655
RECOMMENDATION AND STAFF SUMMARY:

Staff respectfully recommends that the City Council adopt Resolution No. 6655 subsequent to holding a hearing to consider any and all protests related to the levy of the proposed annual assessment under the Gardena Artesia Boulevard Assessment District for Fiscal Year 2024- 2025.

On February 13, 2024, the City Council adopted Resolution 6651, directing the City Engineer to prepare and file a report according to the provisions of the "Landscape and Lighting Act of 1972" of the State of California Streets and Highways Code, Division 15, Part 2, for assessments to be levied upon and collected through the said assessment district.

On March 26, 2024, the City Council adopted Resolution No. 6653 approving the Engineer's Report, filed in the office of the City Clerk, and declaring it's intention to levy and collect assessments from the said assessment district for Fiscal Year 2024-2025.

The adoption of this resolution confirms the diagram and assessment contained in the Engineer's Report and constitutes the levy of the assessment that will pay for the service and maintenance costs of landscaping and appurtenant improvements within the median islands on Artesia Boulevard between Western Avenue and Normandie Avenue.

FINANCIAL IMPACT/COST:

Anticipated Revenue: $21,662 for Fiscal Year 2024-2025
Funding Source: Assessment District Funds

ATTACHMENTS:

Artesia_Landscaping_Distrct_Resolution_No._6655.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
1 RESOLUTION NO. 6655

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GARDENA, CALIFORNI A, CONFIRMING THE

DIAGRAM AND ASSESSMENT CONTAINED IN THE
ENGINEER'S REPORT DATED MARCH 11, 2024, FOR

THE GARDENA ARTESIA BOULEVARD LANDSCAPING

ASSESSMENT DISTRICT AND ORDERING THE LEVY OF
ASSESSMENTS ON THE SAME FOR FISCAL YEAR 2024-
2025.

WHEREAS, on February 13, 2024 the City Council of the City of Gardena, California, adopted Resolution No. 6651, direct ing the City Engineer to prepare and file a report according to the provisions of the "Landscaping and Lighting Act of 1972" of the State of California Streets and Highways Code, Division 15, Part 2, for assessments to be levied upon and collected through the Gar dena Artesia Boulev ard Landscaping Assessment District for Fiscal Year 2024-2025, and;

WHEREAS, the Engineering Report was pr epared and was filed in the office of the City Clerk, and;

WHEREAS, on March 26, 2024, the City Council adopted Resolution No. 6653 approving the Engineer’s Report for t he Gardena Artesia Boulevard Landscaping Assessment District for Fiscal Year 2024-2025, declaring its intention to levy upon and collect assessments for Fiscal Year 2024-2025, and;

WHEREAS, the City Council scheduled a hearing to consider any and all protests related to the levy of the propos ed annual assessment for Tuesday, April 23, 2024, at 7:30 p.m. in the City of Gardena Council Cham bers, 1700 West 162nd Street, City of Gardena, California, and;

WHEREAS, on April 23, 2024, the Cit y Council held the duly noticed hearing and considered all protests and comments regarding the assessments

NOW, THEREFORE, THE CITY COUNC IL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE, AS FOLLOWS:

SECTION 1. A written majority protest was not filed against the annual levy of the assessment of the Gardena Artesia Boulevard Landscaping Assessment District.

SECTION 2. The adoption of this Reso lution confirms the diagram and the assessment contained in t he Engineer’s Report and cons titutes the levy of the assessment on the Gardena Artesia Boulev ard Landscaping Assessment District for Fiscal Year 2024-2025.

SECTION 3. The City Council orders and di rects the City Treasurer to establish DocuSign Envelope ID: 05D79A50-7366-473A-9D8D-2D108FF82B66 RESOLUTION NO. 6655
2 a special fund according to t he State of California Street s and Highways Code, Division 15, Part 2, for Fiscal Year 2024-2025 entitled, "Gardena Artesia Boulevard Landscaping Assessment District," and place into the f und all payments of assessments received from the County Tax Collector.

SECTION 5. That the City Clerk is ordered to transmit to the County Auditor of Los Angeles County, State of California, a certified copy of the diagram and assessment no later than the third Monday, August 19, 2024.

SECTION 6. That the City Manager, or his authorized agent, is designated as the person for the transmittal of the data processing for the Assessment Roll.

SECTION 7. That this Resolution shall be effective immediately.

BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause t he same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

Passed, approved, and adopted this 23 day of _April , 2024.

TASHA CERDA, Mayor

ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

DocuSign Envelope ID: 05D79A50-7366-473A-9D8D-2D108FF82B66

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.C
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: April 23, 2024

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

PUBLIC HEARING
:

RESOLUTION NO. 6656
: Confirming the Diagram and
Assessment contained in the Engineer's Report dated March 11, 2024, for the Gardena Consolidated Street Lighting Assessment District and ordering the levy of assessments on the same for Fiscal Year 2024-2025.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Conduct Public Hearing; allow each speaker three (3) minutes; and Adopt Resolution No. 6656
RECOMMENDATION AND STAFF SUMMARY:

Staff recommends that the City Council adopt Resolution No. 6656 subsequent to holding a Public Hearing to consider any and all protests related to the levy of the proposed annual assessment under the Gardena Consolidated Street Lighting Assessment District for Fiscal Year 2024-2025.

On Feb. 13, 2024, the City Council adopted Resolution No. 6652 directing the City Engineer to prepare and file a report according to the provisions of the "Landscape and Lighting Act of 1972" of the State of California Streets and Highways Code, Division 15, Part 2 for assessments to be levied upon and collected through the said assessment district.

On March 26, 2024, the City Council adopted Resolution No. 6654 approving the Engineer's
Report, filed in the office of the City Clerk, and declaring its intention to levy upon and collect assessments from the said assessment district for Fiscal Year 2024-2025.

The adoption of the resolution confirms the diagram and assessment contained in the Engineer's Report and constitutes the levy of the assessment that will pay for all energy, construction and maintenance costs of street lighting, including safety lights that are above traffic signals. These fees are assessed and collected through the Los Angeles County Office of the Assessor and the Los Angeles County Treasurer and Tax Collector and are remitted to the City on a biannual basis.

FINANCIAL IMPACT/COST:

Anticipated Revenue: $907,007 for Fiscal Year 2024-2025 Funding Source: Lighting Assessment District Fund
ATTACHMENTS:

Consolidated_Street_Lighting_District_Resolution_No._6656.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
1 RESOLUTION NO. 6656

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GARDENA, CALIFORNI A, CONFIRMING THE

DIAGRAM AND ASSESSMENT CONTAINED IN THE
ENGINEER'S REPORT DATED MARCH 11, 2024, FOR

THE GARDENA CONSOLIDATED STREET LIGHTING

ASSESSMENT DISTRICT AND ORDERING THE LEVY OF
ASSESSMENTS ON THE SAME FOR FISCAL YEAR 2024-
2025.

WHEREAS, on February 13, 2024, the City Council of the City of Gardena, California, adopted Resolution No. 6652, direct ing the City Engineer to prepare and file a report according to the provisions of the "Landscaping and Lighting Act of 1972" of the State of California Streets and Highways Code, Division 15, Part 2, for assessments to be levied upon and collected th rough the Gardena Consolidated Street Lighting Assessment District for Fiscal Year 2024-2025, and;

WHEREAS, the Engineering Report was pr epared and was filed in the office of the City Clerk, and;

WHEREAS, on March 26, 2024, the City Council adopted Resolution No. 6654 approving the Engineer’s Report for the Gardena Consolidated Street Lighting Assessment District for Fiscal Year 2024-2025, declaring its intention to levy and collect assessments for Fiscal Year 2024-2025, and;

WHEREAS, the City Council scheduled a hearing to consider any and all protests related to the levy of the annual proposed assessment for Tuesday, April 23, 2024, at 7:30 p.m., in the City of Gardena Council Cham bers, 1700 West 162nd Street, City of Gardena, California, and;

WHEREAS, on April 23, 2024, the City Council held the duly noticed hearing and considered all protests and comments regarding the assessments

NOW, THEREFORE, THE CITY COUNC IL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE, AS FOLLOWS:

SECTION 1. A written majority protest was not filed against the annual levy of the assessment of the Gardena Consolidated Street Lighting Assessment District.

SECTION 2. The adoption of this Reso lution confirms the diagram and the assessment contained in t he Engineer’s Report and cons titutes the levy of the assessment on the Gardena Consolidated Street Lighting Assessment District for Fiscal Year 2024-2025.

SECTION 3. The City Council orders and di rects the City Treasurer to establish DocuSign Envelope ID: ED149E8E-6EA7-4013-B824-8710029926A7 RESOLUTION NO. 6656
2 a special fund according to the State of California Stre ets and Highways Code, Division 15, Part 2, for Fiscal Year 2024-2025 entitl ed, "Gardena Consolidated Street Lighting Assessment District," and place into the f und all payments of assessments received from the County Tax Collector.

SECTION 4. The City Council orders all payments shall be made out of the special fund and only for the purposes provided for in the State of California Streets and Highways Code, Division 15, Part 2.

SECTION 5. The City Clerk is ordered to transmit to the County Auditor of Los Angeles County, State of Calif ornia, a certified copy of the diagram and assessment no later than the third Monday, August 19, 2024.

SECTION 6. That the City Manager, or his authorized agent, is designated as the person for the transmittal of the data processing for the Assessment Roll.

SECTION 7. That this Resolution shall be effective immediately.

BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause t he same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

Passed, approved, and adopted this 23 day of __ April , 2024.

TASHA CERDA, Mayor

ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

DocuSign Envelope ID: ED149E8E-6EA7-4013-B824-8710029926A7