Agenda packet — Hawaiian Gardens City Council, October 22, 2025 (part 1 of 3)

CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Victor Farfan, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Dandy De Paula, Mayor
Wednesday, October 22, 2025
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Norma Tabares, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California.

ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

The meeting can be viewed as a curtesy only and with no guarantee as to feasibility and disruption via various platforms as follows:

City of Hawaiian Gardens local cable/channel:

ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

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Spectrum 36
Live Stream via City website at: www.hgcity.org.

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Please note that public comment is only guaranteed to be taken inperson during the meeting or prior to the meeting inwriting by complying with the below procedures. Remote participation is provided as a courtesy only and should not be relied upon to guarantee participation in the meeting. The City reserves the right to terminate remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. So long as the public may still attend the meeting inperson, the meeting will continue.

VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment on matters before the City may submit written correspondence to the following email address: [email protected], or by ecomment on the City’s website, by no later than Wednesday, October 22, 2025 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting. If submitting a comment pertaining to an agenda item, please reference the agenda item.

INPERSON COMMENT the City Council will provide members of the public with the opportunity to address the City Council inperson on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b).

COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.

Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:

Meeting Link: https://us02web.zoom.us/j/84396805805?
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COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.

Meeting Link: https://us02web.zoom.us/j/84396805805?
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Meeting ID: 843 9680 5805 Passcode: HG1
Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). The City reserves the right to utilize teleconferencing in accordance with AB 2449.

PROCLAMATIONS AND CERTIFICATES

1. STUDENT AWARDS FOR THE RED RIBBON POSTER CONTEST

2. CERTIFICATE OF RECOGNITION TO HONOR DANIEL TOVAR FOR HIS EXHIBITION AT THE SMITHSONIAN MUSEUM IN WASHINGTON, D.C.

PRESENTATIONS

1. ABC UNIFIED SCHOOL DISTRICT UPDATES BY FRANCISCO NOYOLA, VICE PRESIDENT OF THE BOARD
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.

A. PUBLIC HEARING(S) / HEARING(s)

1. Recommendation to conduct a Public Hearing and adopt one of the following resolutions as Resolution No. 0292025: 1. A Resolution affirming the Planning Commission’s decision to approve a Minor Use Permit for a proposed boat sales business located at 12347 E. Carson Street and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA); or

2. A Resolution overturning the Planning Commission’s decision and denying a Minor Use Permit for a proposed boat sales business located at 12347 E.

Carson Street and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA).

SUGGESTED ACTION: Either affirm the decision of the Planning Commission and approve the MUP subject to the same or different conditions of approval or overturn the Planning Commission’s decision and adopt appropriate findings to deny the MUP.

B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA

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Carson Street and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA).

B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to conduct the first reading and introduce Ordinance No. 2025 621, amending Title 15 of the Hawaiian Gardens Municipal Code and adopting by reference the 2025 editions of the California Building, Electrical, Mechanical, Plumbing, and Residential Codes, with local amendments based on climatic, geological, and topographic conditions; and schedule a Public Hearing and the second reading of the Ordinance No. 2025621 on November 12, 2025.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to receive and file the Community Development Department, Code Enforcement Division Report for the month of September 2025.

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of September 2025.

SUGGESTED ACTION: Approve Recommendation.

5. Recommendation to receive and file the Community Development Department, Planning Division Report for the month of September 2025.

SUGGESTED ACTION: Approve Recommendation.

6. Recommendation to receive and file warrants processed during the period of September 27 to October 10, 2025.

SUGGESTED ACTION: Approve Recommendation.

7. Recommendation to adopt Resolution No. 0302025, amending the donation policy for local schools.

SUGGESTED ACTION: Approve Recommendation.

8. Recommendation to receive and file the Public Works Department Permits Report for the month of September 2025.

SUGGESTED ACTION: Approve Recommendation.

9. Recommendation to approve the minutes for the City Council meeting of

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SUGGESTED ACTION: Approve Recommendation.

7. Recommendation to adopt Resolution No. 0302025, amending the donation policy for local schools.

SUGGESTED ACTION: Approve Recommendation.

8. Recommendation to receive and file the Public Works Department Permits Report for the month of September 2025.

SUGGESTED ACTION: Approve Recommendation.

9. Recommendation to approve the minutes for the City Council meeting of Wednesday, October 8, 2025.

SUGGESTED ACTION: Approve Recommendation.

10. Recommendation to receive and file the minutes for the Finance Committee meeting of Wednesday, October 8, 2025.

SUGGESTED ACTION: Approve Recommendation.

C. DISCUSSION ITEM(S)

1. Recommendation to adopt Resolution No. 0312025, consenting to the assignment of the Exclusive Solid Waste Services Franchise Agreement with Waste Resources, Inc. to USA Waste of California, Inc. and approving Amendment No. 3 to the Franchise Agreement substantially in the form attached as Exhibit B and authorize the City Manager to execute all necessary documents, in a form approved by the City Attorney.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to adopt Resolution No. 0322025, amending the adopted 2025 2026 and 20262027 citywide budgets.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to approve plans and specifications and award a construction contract to Sequel Contractors in the amount of $1,335,200, and construction inspection and material testing services to Ardurra Group, Inc., in the amount of $93,080 for the SCAG STBG Street Rehabilitation, Project 121 (Federal Project No.

STPL5387017).

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to authorize the City Manager to approve the proposal submitted by Z Best Hardwood Floors, to resurface the basketball gymnasium and three racquetball courts.

SUGGESTED ACTION: Approve Recommendation.

D. NEW BUSINESS
E. ORAL STAFF REPORT(S)
F. CITY ATTORNEY REPORT(S)
G. ORAL COUNCIL REPORT(S)

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Recommendation to authorize the City Manager to approve the proposal submitted by Z Best Hardwood Floors, to resurface the basketball gymnasium and three racquetball courts.

SUGGESTED ACTION: Approve Recommendation.

D. NEW BUSINESS
E. ORAL STAFF REPORT(S)
F. CITY ATTORNEY REPORT(S)
G. ORAL COUNCIL REPORT(S)
H. CLOSED SESSION
I. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Wednesday, November 12, 2025 at 6:00 PM.

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CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #A1
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Elise McCaleb, Community Development Director
BY: Elise McCaleb, Community Development Director
Tonya Pace, Senior Planner
SUBJECT: CONSIDERATION BY CITY COUNCIL PURSUANT TO HAWAIIAN GARDENS MUNICIPAL CODE, SECTION 18.100.170(D) OF THE PLANNING COMMISSION’S DECISION TO APPROVE A MINOR USE PERMIT (MUP) FOR A PROPOSED BOAT SALES BUSINESS LOCATED AT 12347 E.

CARSON STREET

SUMMARY
On February 20, 2024, Surf City Boats, Inc. (“Applicant”) filed an application for Minor Use Permit (“MUP”) No. PLNG2024-0011 to authorize a boat sales business to be located at 12347 E. Carson Street (“the Property”). On December 12, 2024, the Community Development Director (“Director”) issued a decision to deny MUP No. PLNG2024-0011 (Exhibit A). The property owner of the subject Property (“Property Owner”) timely filed an appeal of the Director’s decision to the City of Hawaiian Gardens Planning Commission.

On January 29, 2025, the Planning Commission held a public hearing to consider the appeal filed by Surf City Boats, Inc. The Planning Commission determined that the proposed use of the property is a Boat Sales business and directed staff to prepare appropriate resolutions and conditions of approval to authorize the boat sales use on the Property 3 (AYES) to 2 (NOES).

On March 5, 2025, the Planning Commission determined that the project is categorically exempt from the California Environmental Quality Action (CEQA) and approved Resolution No. 2025-001 (3 AYES; 2 ABSENT), subject to meeting certain Conditions of Approval.

On March 10, 2025, Councilmember Farfan requested that the Planning Commission’s decision approving MUP No. PLNG2024-0011 be reviewed by the entire City Council pursuant to the authority granted in Hawaiian Gardens Municipal Code (“HGMC”) Section 18.100.170(D). This section of the HGMC authorizes any member of the City Council to call up for review any decision made by the Director or Planning Commission. The City Council’s decision on the matter will be final.
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The purpose of this hearing is to give the City Council an opportunity to review the decision of the Planning Commission and affirm (with the same or different conditions of approval) or overturn the Planning Commission’s decision and adopt appropriate findings to deny the MUP.

Proposed Use
The Applicant proposes a boat sales business to be located at the Property, which consists of an approximately 25,182 square foot unimproved lot located on the southwest corner of Claretta Avenue and Tilbury Street. The proposed project includes use of an existing mobile home trailer as a proposed office, and use of the existing parking lot for boat sales and equipment storage.

The proposed site plan maximizes the site layout for use of the site as a boat sales use. In addition to using the existing mobile home for an office, the proposed Site Plan (Exhibit B) includes ingress and egress via the existing driveway, 13 Boat, Truck, and Trailer parking spaces and 10 additional vehicle parking spaces for customer parking. The proposed site plan also shows required perimeter landscaping, fencing, and lighting. The northwest corner of the property is proposed for equipment storage.

In addition, the business description provided by the Applicant (Exhibit B) states that a separate business unrelated to the boat sales, Chavez Unlimited Construction, Inc., would be renting/sharing a portion (not to exceed 49%) of the trailer office space. That request has been denied by the Director and is the subject of a separate appeal currently being processed.

RECOMMENDATIONS
Staff recommends that the members of the City Council diligently review the materials presented by Staff, the Applicant/Property Owner, and consider evidence and testimony and adopt one of the following:

1. RESOLUTION NO. 029-2025, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AFFIRMING THE PLANNING COMMISSION’S
DECISION TO APPROVE A MINOR USE PERMIT (PLNG2024-0011 MUP),

SUBJECT TO ATTACHMENT A - CONDITIONS OF APPROVAL FOR A
PROPOSED BOAT SALES BUSINESS LOCATED AT 12347 E. CARSON STREET (“PROPERTY”) IN THE CITY OF HAWAIIAN GARDENS (APN:
7066-017-127) AND DETERMINING THAT THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)1; OR
1 It should be noted that although the Planning Commission imposed certain conditions of approval on their adoption of the Resolution approving MUP No. PLNG2024-0011, the Applicant has requested certain amendments to those conditions. In addition, Staff has become aware that certain unpermitted businesses may occupy a portion of the Property and certain unpermitted work (not meeting code) appears to have been undertaken. For these reasons, should the City Council wish to approve the Applicant’s request, it may be necessary to continue that decision to allow staff time to confer with the Applicant concerning these issues.
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2. RESOLUTION NO. 029-2025, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION AND DENYING A MINOR USE PERMIT (PLNG2024-0011 MUP) FOR A PROPOSED BOAT SALES BUSINESS LOCATED AT 12347 E. CARSON STREET (“PROPERTY”) IN THE CITY OF HAWAIIAN GARDENS (APN: 7066- 017-127) AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

BACKGROUND
Location and Zoning Map
The subject site is zoned C-4 General Commercial and abuts properties that are zoned C-4 General Commercial to the south (Enterprise Rent-A-Car), southwest, and east on Carson Street.

Properties to the west are zoned R-4 High Density Residential and located in the City of Hawaiian Gardens. Properties across the street from the subject site on Tilbury Street are zoned R-1 SingleFamily Residential and located in the City of Lakewood. Properties to the northwest on Farlow Street are zoned R-1 Single Family Residential and located in the City of Hawaiian Gardens.

Source: Google Earth, June 28, 2025
Existing Site Conditions
There is a mobile home trailer on the site that dates back to 1971 and was used by the former tenant “The Wood Doctor” who sold and repaired mobile homes. The site is unimproved and is not paved or striped as shown in photos (Exhibit C). There is chain link fencing with slats on three sides of the Property, and a block wall faces Tilbury Street. The chain link fencing was replaced with new chain link and slats by the Property Owner in 2025 without permits. That matter is the subject of a separate code enforcement action.
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The Property Owner has a business license to use the mobile home trailer for office use pertaining to his Boat Sales business. The City approved the business license for office use prior to any formal planning approvals to help the Property Owner obtain financing for the purchase of the property in 2024, but is not deemed to be formal zoning approval.

Proposed Use
The proposed use as depicted on the site plan provided by the Applicant is for a Boat Sales use.

The Property Owner owns a business called Freedom Boats. Freedom Boats is a franchise and membership-based charter company of power boats. As a member, you may reserve time to use boats from the fleet. According to the Applicant, after two to three years of boat use by members, the boats would be taken out of the fleet and moved to Hawaiian Gardens for sale.

The business description dated July 10, 2024 provided by the Applicant states that in addition to boat sales, “…office space not to exceed 49% of the structure on site, will be rented to Chavez Unlimited Construction…”. The Planning Commission only considered the Boat Sales use because it was the only use identified on the site plan. Additional uses proposed for the site would need to be shown on a revised site plan and reviewed by the Planning Department to ensure code compliance.

Timeline
The following is a timeline of the application review process:
• 2/20/24 - Application and application payment for MUP submitted (Exhibit B). • 3/12/24 - Application deemed incomplete.
• 4/30/24 - Meeting to discuss proposed project with Applicant. • 5/1/24 - City Planning staff requested business information from Applicant requesting what type of State License Applicant would obtain for Boat Sales. • 7/3/24 - City Planning staff again requested the same information and that the information be submitted by 7/17/24. No State License for Boat Sales was provided in response to the request.
• 8/28/24 - An incomplete letter was issued, indicating that the State License information was not received, and the proposed project application was deemed incomplete. • 10/18/24 – Applicant sent email to City outlining reasons why it believes the City should issue the MUP, and Applicant provided a California Department of Tax and Fee Administration Seller’s Permit.
• 12/12/24 -Director formally denied MUP application in writing to Applicant (Exhibit A). 12347 E. Carson Street
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• 12/20/24 – Applicant timely filed its appeal (Exhibit D). • 01/29/25 – Planning Commission Public Hearing to discuss proposed MUP for Boat Sales (Exhibit E). Staff recommended denial of the MUP application, however the Planning Commission voted to overturn the decision of the Director, 3 (AYES) to 2 (NOES). The Planning Commission directed staff to return with a resolution approving the MUP for the Boat Sales use subject to Conditions of Approval.
• 03/05/25- Letter from Applicant’s attorney regarding questions about proposed Conditions of Approval and requesting clarification and changes to Conditions of Approval (Exhibit F). • 03/05/25 – Planning Commission meeting. Planning Commission adopted Resolution No. 2025-001 approving the MUP, subject to certain Conditions of Approval for the Boat Sales use (Exhibit G).

ANALYSIS/DISCUSSION
Minor Use Permit (MUP) Application
The table of permitted uses found in Section 18.60.050 (Uses Permitted in Non-Residential Zones) of the Hawaiian Gardens Municipal Code (HGMC) allows auto sales (new or used) as a use that is permitted in the Commercial General (C-4) zone, subject to the issuance of a Minor Use Permit (MUP). HGMC Section 18.20.030 defines “automobile sales area” to include “an open area or building used for the display or sales of new or used automobiles, trucks, trailers, or boats.” (emphasis added). The Property is located in the C-4 zone. Thus, an MUP is required for the proposed project at the Property.

Proposed Site Layout and Design
The proposed site plan shows use of the existing mobile home trailer as an office, ingress and egress via the existing driveway, 13 Boat, Truck, and Trailer parking spaces, and 10 additional vehicle parking spaces. The proposed site plan also shows required perimeter landscaping, fencing and lighting.

Minor Use Permit (MUP) Application Director Denial
In planning staff’s review of the totality of the application, including Applicant’s description of how the Property will be used and the proposed site layout, staff determined that the proposed operations are more akin to boat storage (and not sales)– which is not a permitted use in the C4 Zone. Staff further determined that the proposed use may be detrimental to the property or improvements in the surrounding area as a stagnant storage area, not manned by any employees or frequented regularly by customers looking to purchase boats, is a potential target for crime, vandalism, and/or loitering. Further, the business does not have regular days and hours of operation, which is commonplace for businesses in the C-4, General Commercial Zone. As a result, Staff determined the use was not consistent with the General Plan and Zoning Code and could not make the required findings for approval of the MUP. 12347 E. Carson Street
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More specifically, the determination to deny the MUP was based on the Applicant’s description of how the site would be used. In meetings and written correspondence, the Applicant indicated that they will keep their waterfront office elsewhere (outside of the City of Hawaiian Gardens), that no staff will regularly be onsite, and that the Applicant would only occasionally bring a customer to the site to pick up a boat and trailer it to the water for “test drives.” This is akin to a situation where an auto dealership maintains a storage lot for storage of excess vehicles. While those vehicles are available for sale and can be driven to the retail dealership, they are not part of the inventory stored on the dealership. In such cases, it is clear that sales are not conducted from the storage lot.

On way to determine whether actual sales are conducted from the site is to review similar sales tax point-of-sale information. In this case, it was unclear to staff that if a sale is made, where the point of sale will be and where the appropriate sales tax will be paid. In an email to staff in 2024, the Applicant provided an address in Westminster where he conducts boat sales. From an aerial view, the site looks like an unimproved contractor’s storage yard consisting of boats, trucks, and trailers.

The Applicant was notified of the Director’s denial via email on December 12, 2024.

Property Owner’s Appeal of Director’s Decision and Planning Commission Hearing Pursuant to HGMC Section 18.100.050 (D), any decision by the Director is final unless an appeal is filed by the Applicant pursuant to section 18.100.170 of the HGMC. As noted above, the Applicant timely filed an appeal on December 20, 2024. The reasons for the appeal are set forth in full as Exhibit D.3
On January 29, 2025, the Planning Commission independently reviewed the Applicant’s application and all other written and oral evidence presented to the Planning Commission at the public hearing and exercised its own independent judgment as to whether the proposed project at the Property is consistent with the HGMC and meets the HGMC required findings for an MUP.

The Planning Commission voted to overturn the Director’s decision and directed staff to prepare a Resolution approving the MUP with the appropriate findings and conditions. On March 5, 2025, the Planning Commission adopted Resolution 2025-001 and approved the MUP subject to the Conditions of Approval for Boat Sales at the Property.

City Council Request to Review and Consideration of Planning Commission’s Decision On March 10, 2025, and in accordance with HGMC Section 18.100.020(J) and Section

18.100.170(D), Administrative Procedures, a councilmember requested that the Planning Commission decision be reviewed and considered by the City Council. The Planning Commission’s decision was stayed pending the City Council hearing. The Public Hearing must be held within 45-days pursuant to HGMC 18.100.170(B).
3 In order to avoid paraphrasing or misrepresenting the Applicant’s position, staff is referring the City Council to the entirety of the Applicant’s appeal to the Planning Commission. However, the City Council’s role is to review the Planning Commission’s decision pursuant to the provisions of the HGMC related to the MUP. Other legal/constitutional arguments posited by the Applicant are disputed by City staff and are not the purview of the City Council for this hearing.
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The following timeline outlines what occurred following the councilmember’s request. • 3/26/25 – In person meeting with Applicant to City to review questions and concerns about Conditions of Approval.
• 3/27/25 – Received notice from Property Owner’s attorney requesting to postpone City Council Public Hearing date on 4/9/25 to further work through items with City team. • 04/22/25 – Business License Application received for Chavez Unlimited Construction. • 5/19/24 – Community Development sent letter to Property Owner to set City Council Public Hearing for June 25, 2025.
• 6/4/25 – Community Development received email from Property Owner’s attorney requesting continuance of Public Hearing in order to allow time to hear back from Planning Department regarding the approval or denial of the business license for Chavez Unlimited Construction, Inc.
• 6/25/25 – Letter from City to Property Owner denying business license application for Chavez Unlimited Construction, Inc.
• 7/25/25 – Business license application received for A Precision Roofing dba A Precision Construction.
• 8/29/2025 – Letter from City to Property Owner denying business license application for A Precision Roofing dba A Precision Construction.
• 9/15/2025 – Email from City to Property Owner to set dates for MUP Public Hearing for October 22, 2025 and Business License Hearing for November 12, 2025. • 9/29/25 – Email from Property Owner to City confirming date of MUP Public Hearing for October 22, 2025.

MUP Findings and Project Requirements
After conducting the public hearing, the City Council may decide to affirm the Planning Commission’s decision and approve the MUP. Such an approval may be based on the same findings made by the Planning Commission. A draft resolution containing these findings is attached (Exhibit H).

Alternatively, if the City Council decides to overturn the Planning Commission’s decision and deny the MUP. The City Council will need to support this decision with alternative findings for denial.

These are contained in a separate draft resolution (Exhibit I) and may be based on the following:

1. The proposed business operation for boat sales is not compatible with the stated purposes Hawaiian Gardens General Plan.

The Hawaiian Gardens General Plan-Land Use Element describes the policies and goals applicable to the City’s commercial designations. Applicable Goals and Policies provide:
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Goal LU-4: Provide commercial retail opportunities that serve residents and visitors.

Policies:

LU-4.4 Encourage the development of high-quality commercial projects.

LU-4.5 Ensure that applicable land use regulations allow for commercial uses that serve a broad market area, including visitor-serving uses.

LU-4.7 Provide neighborhood commercial uses throughout the community to make goods and services available within walking distance of residents. • Typically, office/professional and retail businesses have regular hours of operation as well as employees onsite. The proposed business does not have a regular schedule and is by appointment only and there are no employees onsite. • The proposed use does not support the residential area by providing shops for goods and services. No goods or services will be provided for the nearby residential area. • The use is different from auto sales in that boats are stored and trailered to the water, thereby making the use more similar to “storage” than a showroom which is typical for auto sales.

2. That the proposed use is contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations.

HGMC Section 18.60.020(A) states in part, that:
“The purpose of the general commercial (C-4) zone is to designate areas for office/professional and retail businesses in the City that support residential area and provide jobs for area residents.

These areas are intended to accommodate a variety of shops for goods and services to serve the needs of the surrounding community. The C-4 zone is consistent with the general commercial designation of the General Plan.”
The proposed use will not serve the needs of the surrounding community. The proposed boat sale use appears to serve the needs of waterfront communities as the intended purpose of the site is to bring customers from there to this site, for the purpose of viewing boat inventory. Further, use of the sales trailer with another office use and shared storage area with unrelated contractor equipment is inconsistent with the use of the site as a boat sales facility.

3. That the proposed use will be located, operated, and maintained in a manner not consistent with the policies of the General Plan and the provisions of this Zoning Code.

The proposed improvements to the site are inconsistent with the use of the site as a commercial boat sales facility. Portions of the site are unimproved and at least one other non-boat sales related business will exist on the site and share the office space and parking/storage area.

4. That the proposed use will be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.

As noted, the purpose of the C-4 Zone designation is to designate areas for office/professional and retail businesses in the City that support residential area and provide jobs for area residents.

The proposed use will not serve the surrounding residential area. Further, the existing 12347 E. Carson Street
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improvements on the site are inconsistent with the use of the site as a boat sales facility given that a portion of the site will be occupied by at least one other use that proposes to use the site as an office with storage of construction equipment. Such use is incompatible with a boat sales display area and customer office location.

Council Decision Criteria
Pursuant to HGMC Section 18.100.170(D) and Section 18.100.020(J), consideration by the City Council of a Planning Commission decision will serve as the appeal process for the project.

HGMC Section 18.100.170 posits the purpose and process for the filing and consideration of an appeal and in pertinent, subsection F describes the decision criteria for the City Council consideration of the Planning Commission decision:
“F. Decision criteria.

1. The appeal body shall make the same findings and use the same criteria as the decisionmaking body whose action is appealed.

2. If new plans are submitted during the appeal process, this shall be considered as a new request and therefore, a new application shall be submitted.

3. Nothing herein shall prevent the appellate or review body from imposing conditions on a project and granting approval to a project modified by conditions imposed as part of the decision.

4. The decision of the City Council shall be final.”
The City Council’s role is to review the Planning Commission’s decision pursuant to the provisions of the HGMC related to the MUP findings. The City Council has the discretion to approve (with the same or modified conditions) or deny the MUP application.

California Environmental Quality Act (CEQA)
The proposed appeal of the Minor Use Permit (MUP) is deemed categorically exempt from review under the California Environmental Quality Act (CEQA). Specifically, denial of the MUP application is exempt from environmental review pursuant to Public Resources Code §21080(b)(5) and CEQA Regulation, §15270 (a), which posit that CEQA does not apply to projects which a public agency rejects or disapproves. Alternatively, should the City Council decide to approve the MUP as applied for, then that approval is exempt under CEQA Regulations §§15301, 15303(c) &(e), 15304(b) 15311(a) &(b), and 15332, because it establishes rules and procedures to alter existing facilities, permit new construction or conversion of small structures; permit minor alterations to the land and landscaping; construct or replace accessory commercial structures, signs, and parking lots; and permits an in-fill development project which are all exempt under the aforementioned CEQA Regulations. The MUP is therefore categorically exempt from further CEQA review under CEQA Regulations §§15301, 15303(c) &(e), 15304(b), 15311(a) &(b), and 15332.

PUBLIC INPUT
To date, there has been no public input regarding this hearing. 12347 E. Carson Street
October 22, 2025

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ATTACHMENTS
Exhibit A - Director’s Denial Letter - dated 12/12/24
Exhibit B – Proposed Project Documents - Application, Proposed Site Plan, Business Operation Description
Exhibit C – Photos of Existing Site Conditions
Exhibit D – Applicant’s Appeal to Planning Commission Letter – 12/20/24 Exhibit E – Planning Commission Meeting Record – 1/29/25 - Staff Report and Attachments Exhibit F – Letter from Applicant’s attorney regarding proposed Conditions of Approval (3/5/25) Exhibit G - Planning Commission Meeting Record – 3/5/25 - Staff Report, Resolution 2025-001 and Agenda Materials
Exhibit H – Resolution No. 029-2025 Upholding Planning Commission Decision – Approve MUP Exhibit I – Resolution No. 029-2025 Overturning Planning Commission Decision – Deny MUP 1 | P a g e

HAWAIIAN GARDENS
via email: [email protected]
December 12, 2024
Mr. Andrew Hard
16360 Pacific Coast HWY, Ste 216
Huntington Beach, CA 92649-1813
Subject: Case #PLNG2024-0011 MUP - Deny Application (Boat Sales) Location: 12347 E. Carson Street, Hawaiian Gardens, CA 90716 Dear Mr. Hard:

The City’s Planning Department received your application for a Minor Use Permit (MUP) Application for Boat Sales on property located at 12347 E. Carson Street, Hawaiian Gardens in the C-4 (General Commercial) Zone (APN: 7066-017-127) (“Property”). We also received your Business Description, California Department of Tax and Fee Administration Seller’s Permit, and responses to the City’s questions in subsequent emails. Upon further review of the entirety of your submittal which consists of all of the documents you have submitted and responses, both verbally and in writing to City questions, the City is unable to make the findings required by the Hawaiian Gardens Municipal Code (“HGMC”). As explained in more detail below, your application for a Minor Use Permit (“MUP”) is not approved for the reasons set forth.

The use Table found in Section 18.60.050 (Uses Permitted in Non-Residential Zones) of the HGMC allows auto sales (new or used)1 as a use that is permitted in the C-4 zone (where the Property is located) subject to issuance of a MUP. Section 18.100.050 (E) lists the required findings for a MUP and states:
“In granting a Minor Use Permit, the Director shall make the following findings:

1.That the proposed use is consistent with the General Plan;

2.That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3.That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this Zoning Code;
1 HGMC section 18.20.030 defines “automobile sales area” to include “an open area or building used for the display or sales of new or used automobiles, trucks, trailers, or boats.” (emphasis added).

CITY OF “Our Youth – Our Future”
Exhibit A
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4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.” Based on all of the totality of your application, including your admitted description of how the Property is going to be used and the proposed site layout, the City finds that your operations are more akin to boat storage – which is not a permitted use and thus the City cannot make any of the required findings for the MUP. The proposed use is not consistent with the General Plan and Zoning Code and may be detrimental to the property or improvements in the surrounding area as a stagnant storage area not manned by any employees or frequented regularly by customer looking to purchase boats is a potential target for crime, vandalism and/or loitering.

The above determination is based on your description of how the site will be used. In our meetings and written correspondence, you indicated that you will keep your waterfront office elsewhere (outside of the City of Hawaiian Gardens), that no staff will be onsite, and that you will only occasionally bring a customer to the site to pick up their boat and trailer it to the water for “test drives”. This description supports the City’s determination that the proposed use is more akin to boat storage as the Property will be used as an open air warehouse for boats that are moved elsewhere via trailer to “test drive” the boat. Further it is unclear to the City that if a sale is made in the aforementioned example, where the point of sale will be and where the appropriate sales tax will be paid.

The following is a timeline of the application process:
• 2/20/24 - Application submitted
• 2/20/24 - Application Payment
• 3/12/24 - Application Deemed Incomplete
• 4/30/24 - Meeting to discuss Proposed Project with Applicant • On 5/1/24, City Planning staff requested business information from you regarding your State License for Boat Sales (email dated 5/2/24). Specifically, City Planning staff asked which Boat Sales license type you will obtain for the proposed Boat Sales business.
• On 7/3/24 City Planning staff again requested the same information (email from 5/1/24) and that the information be submitted by 7/17/24. No State license information was provided in response to the request.
• On 8/28/24 an incomplete letter was issued, indicating that the State License information was not received, and the proposed project application was deemed incomplete.
• To date, the City has not received the State License information for Boat Sales. • On 10/18/24, you sent a letter outlining reasons why you believe we should issue the MUP, and you provided a California Department of Tax and Fee Administration Seller’s Permit (one component required by the State for resale of products in the State of California). No Boat Sales license was provided (agent or broker license).
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Without other information indicating that boat sales will occur, the City is unable to make the required findings to support your proposed project – boat sales. This very same information was discussed with you previously in the City’s August 28, 2024 letter. This was done in the spirit of collaboration to try and work with you. This official determination is being issued based on your request.

If you disagree with Staff's determination, you may file an appeal of this determination per HGMC 18.100 within ten (10) days of the date of this letter.

Thank you,
Tonya Pace
Senior Planner

Exhibit C
Site Photos – 12347 E. Carson Street
Exhibit C
Site Photos – 12347 E. Carson Street
Exhibit C
Site Photos – 12347 E. Carson Street
Exhibit C
Site Photos – 12347 E. Carson Street

www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
50 California Street, Suite 3200
San Francisco, California 94111-4710
P: 415.262.5100 F: 415.262.5199
Scott B. Birkey
415.262.5162
[email protected]
December 20, 2024
IN PERSON AND VIA E-MAIL ([email protected])
Pablo Rubio
City Clerk
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
Re: City Planning Department Case No. PLNG2024-0011-MUP (12347 E. Carson Street) – Appeal to Planning Commission of City Staff Denial on December 12, 2024
Dear Mr. Rubio:

We represent Surf City Boats, Inc. (“Surf City Boats”) in connection with its proposed boat sales project (the “Project”) located at 12347 E. Carson Street (the “Property”), with an Assessor Parcel Number (“APN”) of 7066-017-127, in the City of Hawaiian Gardens (the “City”). We write, on behalf of Surf City Boats, to appeal the City Staff’s December 12, 2024 denial of Surf City Boats’ minor use permit (“MUP”) application for the Project (the “MUP Denial”).

1. Background Facts and Summary of City’s Processing of the MUP Application The approximately 25,182 square foot (“sf”) Property is located on the periphery of the City, sharing its northern border with the neighboring City of Lakewood. Because of the Property’s location, which is not on a major corridor1 and, thus, does not experience significant foot traffic, no significant development has occurred on the Property, and currently the Property is essentially vacant, primarily serving as an unpaved parking area for trucks and trailers. (See City Circulation Plan [depicting that the Property is not along a “major,” “secondary,” or “collector” street]; below Google Maps aerial image.)
1 The Property has no frontage on E. Carson Blvd., notwithstanding its property address.

Mr. Pablo Rubio

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[Google Maps aerial image of the Property,
with the red line approximating the City limit]
The Property has a General Plan land use designation of “General Commercial” and consistent with that designation, the Property is zoned “C4 – General Commercial.” (See City General Plan Land Use Map; City Zoning Map.) There is no dispute that the Property’s C4 – General Commercial zoning allows boat sales subject to an MUP. In fact, Surf City Boats’ decision to purchase the Property was done in reliance on the City’s confirmation that boat sales would be permitted on the Property subject to an MUP. Because of the City’s representation that boat sales would be permitted, and that Surf City Boats’ operation would be considered “boat sales,” Surf City Boats applied for an MUP. A brief summary of the MUP application timeline to date is as follows:
 On February 20, 2024 (following discussions about the proposed Project and the City’s confirmation that the Project was allowed on the Property’s “C4 – General Commercial” zone subject to the City’s approval of an MUP), Surf City Boats applied for a MUP for the Project. The City accepted the MUP Application and assigned it Case No. PLNG2024-0011- MUP.
 On March 12, 2024, the City determined the MUP Application was incomplete (the “First Incompleteness Determination”).
 On March 21, 2024, Surf City Boats was informed that City Planner Sophia Tatlyan, who had been handling the MUP Application and related matters up to that point, had been replaced by City Planner Tonya Pace. After this staff transition, the City inexplicably pivoted away from its earlier representations to Surf City Boats that the Project would qualify as a boat sales use and would be permitted on the Property subject to an MUP.  On May 1, 2024, the City requested that Surf City Boats provide an unspecified and unidentified state “license” for boat sales on the Property (the “State License Information”).

Mr. Pablo Rubio

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 On July 10, 2024 and July 22, 2024, Surf City Boats re-submitted the MUP Application to the City in response to the First Incompleteness Determination.  On August 28, 2024, the City determined the MUP Application (re-submittal) was again incomplete (the “Second Incompleteness Determination”) due to Surf City Boats’ inability to provide what effectively amounts to a fictitious state “license,” because to our knowledge no such license for this purpose exists.
 On October 18, 2024, even though not necessary to do so because of the Permit Streamlining Act (Gov. Code, §§ 65920 et seq., the “PSA”), Surf City Boats submitted a California Department of Tax and Fee Administration “Seller’s Permit” for the Property in the hopes of satisfying the City’s request for some kind of State License Information, as this is the only state licensing requirement Surf City Boats is aware of that is applicable to boat sales.  Surf City Boats requested that the City confirm receipt of the abovementioned “Seller’s Permit” from the City. However, no confirmation was ever received. Instead, on December 12, 2024, the City issued the MUP Denial. (See Exhibit A [December 12, 2024 MUP Denial].)
 On December 13, 2024, Surf City Boats informed the City that it planned to appeal the MUP Denial, requesting confirmation on the appeal process and requirements. The City responded, six days into the (10-day) appeal period, on December 18, 2024.

2. Statement and Reasons for Appeal
Pursuant to the Hawaiian Gardens Municipal Code (“HGMC”), Surf City Boats provides the following information demonstrating “where a determination or interpretation is not in accord with the purposes of [the Zoning Code]; where the decision was made inconsistently with [the] Zoning Code; where the record includes inaccurate information; or where a decision is not supported by the record.” (Section 18.100.170.B.) More specifically, Surf City Boats appeals the MUP Denial for the following reasons:
a. Contrary to the City’s determination and interpretation, the Project is a boat sales use, which is allowed pursuant to the Property’s C4 – General Commercial zoning subject to an MUP.
b. The City prejudicially abused its discretion in denying the MUP. c. The City violated the PSA in denying and improperly processing the MUP application.
d. The MUP Denial constitutes a “takings” of property without just compensation (and violates other Constitutional principles).

Mr. Pablo Rubio

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a. The Property is Zoned for the Boat Sales Use Project There is no dispute that the Property’s C4 – General Commercial zoning allows boat sales subject to an MUP. In evaluating whether Surf City Boats’ use of the property constitutes a boat sales use, City staff appear to be taking the position that some kind of State License Information is required in order for the City to consider Surf City Boats’ use of the Property as “boat sales” rather than “boat storage.” The HGMC includes no such requirement, and the City’s failure to raise this issue in the First Incompleteness Determination, or at any point prior, suggests that any State License Information is not in fact required for the City to determine whether the Project constitutes allowable boat sales, but is rather being used as a pretext for denial.

The Project certainly is a boat sales use. The primary activity on-site is the active display, marketing, and sale of boats to individual customers, with any “storage” of boats being only incidental to and a normal part of this sales process. The storage uses prohibited in the C4 – General Commercial zone involve indefinite or long-term placement of goods without any apparent on-site effort to sell them. (See HGMC, §§ 18.60.020.B, 18.60.050 [e.g., “trucking terminal,” “wholesale distribution and storage,” “warehouse and storage buildings”].) These uses are fundamentally different from Surf City Boats’ proposed use of the Property, where boats will be actively displayed, marketed, and sold from the Property, and where any “stored” inventory turns over as sales are completed.

In fact, the City would receive sales tax revenue from the Project’s boat sales, further confirming the Project as a boat sales use rather than boat storage.

Nor is the Project’s business model a reason to categorize the use as boat storage rather than boat sales. The MUP Denial focuses on the alleged minimal pedestrian traffic anticipated for the Project. Extraneous factors, however, such as the level of foot traffic is not a basis for whether a use should be classified as boat sales or boat storage. In fact, other uses permitted in the C4 – General Commercial zone do not require public-facing operations or unfettered walk-in access to qualify as an authorized use. (See HGMC, §§ 18.60.020.B, 18.60.050 [e.g., “administrative/professional offices, “general offices,” “financial institutions (mortgage, real estate, tax, bookkeeping, credit, insurance, brokers, etc.)”].) b. The City Prejudicially Abused Its Discretion in Denying the MUP The City’s decision whether to issue an MUP is quasi-adjudicatory, requiring it to apply existing standards. Code of Civil Procedure section 1094.5 governs judicial review of adjudicatory decisions by administrative agencies. (Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 514.) Under section 1094.5, the inquiry of a court extends to questions about the agency’s jurisdiction to proceed, whether there was a fair trial, and “whether there was any prejudicial abuse of discretion.” (Code Civ. Proc., § 1094.5, subd. (b).) An abuse of discretion is established if the agency has failed to proceed “in Mr. Pablo Rubio

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the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Id.)
The factual basis behind an agency’s (such as the City’s) decision is reviewed for “substantial evidence . . . in the light of the whole record.” (Code Civ. Proc., § 1094.5, subd. (c).) Substantial evidence is not synonymous with any evidence—rather, it is defined as evidence of “ponderable legal significance … reasonable in nature, credible, and of solid value [, and] relevant evidence that a reasonable mind might accept as adequate to support a conclusion…” (Young v. Gannon (2002) 97 Cal.App.4th 209, 225; accord DiMartino v. City of Orinda (2000) 80 Cal.App.4th 329, 336 [substantial evidence “must be reasonable in nature, credible, and of solid value; it must actually be ‘substantial’ proof of the essentials which the law requires in a particular case.”].) In other words, “[w]here findings are devoid of evidentiary support, or are based upon inferences arbitrarily drawn and without reasonable foundation, or are contrary to facts universally accepted as true and judicially known, the administrative order will be reversed as not being supported by substantial evidence in the light of the whole record.” (Lorimore v. State Personnel Board (1965) 232 Cal.App.2d 183, 187.) The substantial evidence test is essentially a reasonableness test and requires that a reasonable person, having weighed the evidence in the entire record, be able to reach the same conclusion reached by the decisionmaker in order for the decision to be deemed lawful. (Code Civ. Proc., § 1094.5; Kirkorowicz v. California Coastal Commission (2000) 83 Cal.App.4th 980, 986; Sierra Club v. California Coastal Commission (1993) 12 Cal.App.4th 602, 610.) The City’s “findings” in the MUP Denial are predicated entirely on the false premise that the Project constitutes boat storage (rather than boat sales). (See Exhibit A, emphasis added [“[t]he proposed use is not consistent with the General Plan and Zoning Code and may be detrimental to the property or improvements in the surrounding area as a stagnant storage area not manned by any employees or frequented regularly by customer looking to purchase boats is a potential target for crime, vandalism and/or loitering.”].) There is no substantial evidence to support the City’s premise. (See Section 2.a, above; see also Exhibit B [point-by-point analysis establishing why the specific points raised in the City’s December 12, 2024 MUP Denial do not constitute substantial evidence, but are rather unjustified and pretextual bases for denying the MUP].) Consequently, the “findings” inherently fail with the failure of that premise.

Furthermore, the City has no substantial evidence to support its spurious, unfounded, and frankly unfair claim that the Project would become “a potential target for crime, vandalism and/or loitering.” If anything, it is reasonable to conclude the opposite—that the Project would mitigate any such risks by activating underutilized and vacant Property. The Project would revitalize this Property and contribute to a safer and more vibrant environment, not only for the Property but also the surrounding properties. In a similar vein, the sales tax revenue generated from the Project would extend the Project’s benefits to the entire City, by bolstering the City’s overall fiscal health and general welfare.

Mr. Pablo Rubio

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c. The City Violated the PSA in Denying and Improperly Processing the MUP Application
The MUP Denial violated the Permit Streamlining Act (Gov. Code, §§ 65920 et seq., the “PSA”). Once a development project (such as the Project) is complete within the context of the PSA, a local agency cannot deny the application on the ground that incomplete information has been provided. (Chino MHC, LP v. City of Chino (2012) 210 Cal.App.4th 1049, 1077–1078 [because Mobilehome park conversion application complete under the PSA, city violated the PSA when it denied an application based on determination that applicant failed to presented sufficient evidence of the nonexistence of a homeowners association related to a “survey of support” finding needed for the conversion]; see Gov. Code, § 65944, subd. (a) [upon receipt of the completeness determination, the PSA prohibits an agency from thereafter requesting that the applicant provide “any new or additional information which was not specified in the list prepared pursuant to Section 65940”].)
Here, based on the timeline provided above, the MUP application was deemed complete, by operation of law, on August 21, 2024, because the City failed to provide a written determination within 30 days of the July 22, 2024 resubmittal. Accordingly, the MUP Denial predicated on Surf City Boats failure to provide some kind of (fictitious) State License Information violates the PSA.

The City’s processing of the MUP application also violated the PSA.2 In short, the Legislature declared when it adopted the PSA that “there is a statewide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects.” (Gov. Code, § 65921.) Accordingly, the PSA mandates transparency in the local review process and prevents agencies from “moving the goalposts” by limiting documentation requests “to those items actually required on the lead agency’s submittal requirement checklist,” and, in subsequent instances, prohibiting “the applicant [from being required] to provide any new information that was not stated in the initial list of items that were not complete.” (Gov. Code, § 65943, subd. (a).) Furthermore, the PSA mandates that local agencies determine in writing whether an application is complete within 30 days of application submittal and re-submittal. (Gov. Code, § 65943 [“If the written determination is not made within 30 days after receipt of the application . . . the application shall be deemed complete for purposes of [the PSA]. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application.”].) Because the (fictitious) State License Information was not included on the MUP application submittal requirement checklist or identified as part of the First Incompleteness Determination, it is yet another violation of the PSA for the City to have required Surf City 2 While the City’s processing of the Project is not immediately relevant to this appeal, we include this to the extent Surf City Boats needs to raise it administratively in order to preserve the right to subsequently raise it in court, should (hopefully not) the need arise.

Mr. Pablo Rubio

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Boats to provide the (fictitious) State License Information in order for the City to process the MUP application.
d. The MUP Denial Constitutes a “Takings” of Property, which Requites Just Compensation and Violates Other Constitutional Principles Takings without Just Compensation: “[W]hile property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.” (Lucas v. South Carolina Coastal Council (1992) 505 U.S. 1003, 1014.) There are multiple paths to establish a regulatory “takings.” For example, Penn Central Transp. Co. v. New York City (1978) 438 U.S. 104, 124 (“Penn Central”) provides a multi-factored test for establishing a takings including [1] the regulation's economic effect on the landowner, [2] the extent to which the regulation interferes with reasonable investment-backed expectations, and [3] the character of the government action.” (Palazzolo v. Rhode Island (2001) 533 U.S. 606, 617, citing Penn Central at p. 124.) Lockaway Storage v. County of Alameda (2013) 216 Cal.App.4th 161, 185–188 (“Lockaway”) has established that a local agency’s about-face in how it applies its code and policies, especially when such change unreasonably impairs the value and use of the property and interferes with distinct investment-backed expectations, makes an agency (such as the City) liable for a temporary taking under the Penn Central test. Here, there is no denying that the MUP Denial interferes with Surf City Boats’ distinct investment-backed expectations (who purchased the Property specifically for a boat sales use, after confirming such with the City).

Nor is there any question that the MUP Denial impairs the value and use of the Property— especially considering the Property has historically only been an unpaved parking area for trucks and trailers.

Surf City Boats believes these are sufficient grounds for a court to find the MUP Denial constitutes a taking, especially considering the current composition of the Supreme Court is readily inclined to interpret takings precedent more favorably to property owners. (See Sheetz v.

County of El Dorado, 601 U.S. 267 (2024); Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021); Pakdel v. City & County of San Francisco, 594 U.S. 474 (2021); Knick v. Township of Scott, Pennsylvania, 588 U.S. 180 (2019).)
Other Constitutional Violations: Apart from the abovementioned takings claim, other Constitutional challenges would be available to Surf City Boats in connection with the MUP Denial. If the State License Information requirement (which is a fictitious requirement) has been selectively imposed on Surf City Boats, in contrast to other projects that might have actual and legitimate state licensing requirements but for which the City does not require the project applicant to provide evidence of such during the entitlement processing stage, then such conduct would appear to be mere pretext to discriminate against the Project. The City, thereby, could be found to have infringed upon Surf City Boats’ due process and equal protection rights as secured by the Fourteenth Amendment of the United States Constitution and article I, section 7(a) of the California Constitution. (See, e.g., Village of Willowbrook v. Olech (2000) 528 U.S. 562 [equal protection claim successfully brought by a “class of one” where the plaintiff was required to Mr. Pablo Rubio

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provide a 33-foot easement when other similarly situated property owners only had to provide an 18-foot easement].)
* * *
In light of the above, we request that the Planning Commission grant this appeal and issue an approval for the MUP based on the following required findings:

1. That the proposed use is consistent with the general plan.

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations.

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this Zoning Code.

4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare. (HGMC, § 18.100.050.E.)
As to the first finding—the Project is consistent with the General Plan.3 As discussed above, the Property has a General Plan land use designation of General Commercial. (See City General Plan Land Use Map.) This designation supports a “broad range of commercial services and uses,” which would include the boat sales Project. (General Plan, p. 51.) The Project, including its improvements and upgrades to the Property, is consistent with the goals and policies of the General Plan, including, but not limited to, Goal LU-1 [Provide opportunity for continued revitalization of a balanced community], Policy LU-4.2 [Encourage development of vacant and underutilized commercial parcels], Goal LU-7 [Ensure the compatibility of land uses in close proximity to residential areas and public facilities], and Goal ED-1 [Encourage a balanced mix of commercial and industrial land uses to support the community].

As to the second finding—the Project is not contrary to the objectives of the Zoning Code or to the objectives of the applicable regulations. As discussed above, the Project is consistent with the Property’s C4 – General Commercial zone, as this zone allows for the boat sales Project with approval of an MUP. The Project will comply with all applicable regulations. 3 The goal of consistency is accomplished, if, considering all its aspects, the project will further the objectives and policies of the general plan and not obstruct their attainment. A given project need not be in perfect conformity with each and every general plan policy. It is enough that the project is compatible with the plan's objectives, policies, general land uses, and programs. (Save Livermore Downtown v. City of Livermore (2022) 87 Cal.App.5th 1116, 1124.)
Mr. Pablo Rubio

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As to the third finding—the Project will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of the Zoning Code. As discussed above, the boat sales Project, inclusive of its location, operation, and maintenance, is consistent with the General Plan’s goals and policies as well as the Zoning Code.

As to the fourth finding, the Project will not be determinantal to the property or improvements in the surrounding area or the public health, safety, or general welfare. The boat sales Project has been thoughtfully designed and will be maintained to ensure compatibility with the surrounding area. Accordingly, there will be no detrimental impacts (e.g., noise impacts) to the surrounding area. In fact, by revitalizing the long-underutilized Property, the Project supports the public health, safety, and general welfare by improving the surrounding area’s aesthetic and economic appeal and, thereby, contributing to a safer environment as well.

Moreover, the sales tax revenue generated from the Project would extend the Project’s benefits to the entire City, by bolstering the City’s overall fiscal health and general welfare.

Furthermore, while the Project requires California Environmental Quality Act (“CEQA”) clearance, substantial evidence supports the Project as categorically exempt4 from CEQA under the New Construction or Conversion of Small Structures exemption and the In-fill Development Projects exemption. (CEQA Guidelines, §§ 15303 and 15332.) None of the exceptions to a categorical exemption are present. (CEQA Guidelines, § 15300.2.) Namely, substantial evidence supports that the location exception, cumulative impacts exception, unusual circumstances exception, scenic highways exception, hazardous waste site exception, and historical resources exception do not apply to the Project. (Id.) * * *
Given that there is no legally adequate basis for the Planning Commission to uphold the MUP Denial, and considering the MUP Denial’s violations of state law and constitutional principles, including the possibility of constituting an uncompensated “takings,” we strongly urge the Planning Commission to overturn the MUP Denial and approve the Project. Surf City Boats reserves its right to supplement this appeal letter prior to the hearing on the appeal, which must be heard within 45 days of this letter (i.e., by February 3, 2025). (HGMC, §

18.100.070.B.)
4 Categorical exemptions are classes of projects that the Secretary of the Natural Resources Agency, with the authorization of the Legislature, has determined are exempt because they do not have a significant effect on the environment. (IBC Business Owners for Sensible Development v. City of Irvine (2023) 88 Cal.App.5th 100, 132.)
Mr. Pablo Rubio

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Yours truly,
Cox, Castle & Nicholson LLP
Scott B. Birkey
Cc: Tonya Pace, Senior Planner ([email protected]) Elise McCaleb, Community Development Director ([email protected]) Megan Garibaldi, City Attorney ([email protected]) Mr. Pablo Rubio

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Exhibit A
[December 12, 2024 MUP Denial]
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HAWAIIAN GARDENS
via email: [email protected]
December 12, 2024

Mr. Andrew Hard
16360 Pacific Coast HWY, Ste 216
Huntington Beach, CA 92649-1813
Subject: Case #PLNG2024-0011 MUP - Deny Application (Boat Sales) Location: 12347 E. Carson Street, Hawaiian Gardens, CA 90716 Dear Mr. Hard:

1.That the proposed use is consistent with the General Plan;

2.That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

CITY OF “Our Youth – Our Future”
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If you disagree with Staff's determination, you may file an appeal of this determination per HGMC 18.100 within ten (10) days of the date of this letter.

Thank you,
Tonya Pace
Senior Planner
Mr. Pablo Rubio

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Exhibit B
[Responses to City Staff’s December 12, 2024 MUP Denial Assertions] MUP Denial Assertion Response
“Based on all of the totality of your
application, including your admitted
description of how the Property is going to
be used and the proposed site layout, the
City finds that your operations are more
akin to boat storage – which is not a
permitted use and thus the City cannot
make any of the required findings for the
MUP.”
In addition to the points raised in the body
of the appeal letter, we note that the City
has failed to provide any specifics details
how a boat storage site would differ in
layout from a boat sales site (the latter of
which all parties agree is allowed on the
Property’s C4 – General Commercial
zoning with the approval of an MUP).

The City provided feedback on the
Project’s proposed site layout, yet failed to
identify any specific design features that
would distinguish a boat “sales” site from a
boat “storage” site. One would reasonably
expect such distinctions to have been
discussed at that time (or at any time
during the months the MUP application
was pending before City staff). This raises
concerns about the legitimacy of the City’s
insistence on this point at this time.
“The proposed use is not consistent with
the General Plan and Zoning Code and
may be detrimental to the property or
improvements in the surrounding area as a
stagnant storage area not manned by any
employees or frequented regularly by
customer looking to purchase boats is a
potential target for crime, vandalism and/or
loitering.”
In addition to the points raised in the body
of the appeal letter, we note again that the
boat sales Project is consistent with the
General Plan and Zoning Code with the
approval of an MUP.

The assertion that the Project would be a
stagnant storage area not manned by any
employees or frequented regularly by
customers looking to purchase boats is
unfounded. In reality, it is expected that
employees and/or customers will be on-site
daily. Like many appointment based
business, Surf City Boats schedules
appointments to show boats when it has a
potential customer(s). It is illogical to
assume that Surf City Boats would pursue
Mr. Pablo Rubio

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MUP Denial Assertion Response
a stagnant storage area, as it does not
generate Surf City Boats income.

The City has no substantial evidence to
support its spurious, unfounded, and
frankly unfair claim that the Project would
become “a potential target for crime,
vandalism and/or loitering.” If anything, it
is reasonable to conclude the opposite—
that the Project would mitigate any such
risks by activating underutilized and vacant
Property. The Project would revitalize this
Property and contribute to a safer and more
vibrant environment, not only for the
Property but also the surrounding
properties. In a similar vein, the sales tax
revenue generated from the Project would
extend the Project’s benefits to the entire
City, by bolstering the City’s overall fiscal
health and general welfare.
“In our meetings and written
correspondence, you indicated that you
will keep your waterfront office elsewhere
(outside of the City of Hawaiian Gardens),
that no staff will be onsite, and that you
will only occasionally bring a customer to
the site to pick up their boat and trailer it to
the water for “test drives”. This description
supports the City’s determination that the
proposed use is more akin to boat storage
as the Property will be used as an open air
warehouse for boats that are moved
elsewhere via trailer to “test drive” the
boat. Further it is unclear to the City that if
a sale is made in the aforementioned
example, where the point of sale will be
and where the appropriate sales tax will be
paid.”
In addition to the points raised in the body
of the appeal letter, we note that the fact
that Surf City Boats maintains an office
elsewhere (outside of the City) is irrelevant
to the MUP application for the specific
Project. The same criticism can be made
of any use, such as a bakery, having its
administrative offices in a different city.

The City’s reference to boats being moved
off-site for “test drives” is logical,
considering the necessity of a large body of
water, such as the nearest ocean access
point, for conducting such tests.

The sales made from the Project will be
attributed to the Property in the City, as
demonstrated by the provided California
Department of Tax and Fee Administration
(“CDTFA”) “Seller’s Permit,” which
shows the address of the Property. As per
the CDTFA, this documentation confirms
Mr. Pablo Rubio

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MUP Denial Assertion Response
that a portion of the sales taxes paid will be
allocated to the City.

Without other information indicating that
boat sales will occur, the City is unable to
make the required findings to support your
proposed project – boat sales.

See the body of the appeal letter, showing
that the required MUP findings for the
Project are supported by substantial
evidence.

CITY OF HAWAIIAN GARDENS

PLANNING COMMISSION
AGENDA
Fabiola Hernandez, Vice Chairmember
Luis Alvarez, Commissioner
Axzel Roman,
Chairmember
Wednesday, January 29, 2025
Special Meeting, 6:00 PM
Luis Gonzalez, Commissioner
Grant Winford, Commissioner
AGENDA

1. Recommendation to receive supporting documentation into the record, conclude the public hearing, and consider an appeal by Surf City Boats, Inc. of a denial of a minor use permit (PLNG2024-0011) by City staff for a proposed boat sales business located at 12347 E. Carson Street (“Property”) in the city (APN: 7066- 017-127).

SUGGESTED ACTION: Determine that the proposed use of the Property is a Boat Sales business as permitted via a MUP under the HGMC and satisfies the requirement of a MUP as stated in HGMC section 18.100.050 (E).

Or;
Uphold Staff’s Denial of the Appellant’s request.

Exhibit E

CITY OF HAWAIIAN GARDENS

PLANNING COMMISSION

STAFF REPORT
Agenda Item #A1
DATE: January 29, 2025
TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: Elise McCaleb, Community Development Director
BY: Patrick Donegan, Assistant City Attorney
Tonya Pace, Senior Planner
SUBJECT:

APPEAL BY SURF CITY BOATS, INC. OF A DENIAL OF A MINOR USE PERMIT (PLNG2024-0011) BY CITY STAFF FOR A PROPOSED BOAT SALES BUSINESS LOCATED AT 12347 E. CARSON STREET (“PROPERTY”) IN THE CITY (APN: 7066- 017-127).

RECOMMENDATION:

Staff recommends that the members of the Planning Commission diligently review the materials presented by Staff, the Appellant and any other evidence before the Commission and makes one of the following decisions:

1.) The proposed use of the Property is a Boat Sales business as permitted via a MUP under the HGMC and satisfies the requirement of a MUP as stated in HGMC section

18.100.050 (E):
“1. That the proposed use is consistent with the general plan;

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code; and

4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.” Or;
2). The Planning Commission makes a determination to uphold Staff’s Denial of the Appellant’s request.

Agenda Item #A1
January 29, 2025

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SUMMARY
Surf City Boats, Inc. (“Appellant”) is appealing City staff’s denial of an application for a minor use permit (“MUP”) for a boat sales business at the Property. As discussed in more detail below, City staff denied the application. Pursuant to the Hawaiian Gardens Municipal Code (“HGMC”), the Appellant timely filed this appeal.

Surf City Boats application proposes to be located on an approximately 25,182 square foot partially vacant lot, located on the southwest corner of Claretta Avenue and Tilbury Street. The boat sales proposal includes use of the existing Mobile Home - Office as a proposed office, and parking lot, equipment area, landscaping, fencing, and lighting improvements. It should be noted, the Surf City Boats proposal includes a shared office with a separate business, which would require review and approval of separate license and any necessary permits in accordance with HGMC.

Location and Zoning Map
The subject site is zoned C-4 General Commercial and abuts properties that are zoned C-4 General Commercial to the south, southwest, and east on Carson Street. Properties to the west are zoned R-4 High Density Residential. Properties across the street from the subject site on Tilbury Street are zoned R-1 Single-Family Residential, located in the City of Lakewood. Properties to the northwest on Farlow Street are zoned R-1 Single Family Residential.

Existing Site Conditions
The existing site is partially occupied with what appears to be a contractor storage yard with construction equipment, commercial vehicles/trucks, and building materials.

Contractor Storage Yards (and related vehicles, equipment and materials) are not allowed in the C-4 zone, nor have any licenses or approvals been issued for this use on the site.

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The subject site has been partially cleaned over the past year. At least one unlicensed business appears to be on the site.

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January 29, 2025

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Timeline:

The following is a timeline of the application review process:
• 2/20/24 - Application submitted (attached as Exhibit A). • 2/20/24 - Application Payment.
• 3/12/24 - Application deemed incomplete.
• 4/30/24 - Meeting to discuss Proposed Project with Appellant. • On 5/1/24, City Planning staff requested business information from Appellant requesting what type of State License Appellant would obtain for Boat Sales. • On 7/3/24 City Planning staff again requested the same information and that the information be submitted by 7/17/24. No State License for Boat Sales was provided in response to the request.
• On 8/28/24 an incomplete letter was issued, indicating that the State License information was not received, and the proposed project application was deemed incomplete.
• On 10/18/24, Appellant sent letter outlining reasons why Appellant believes the City should issue the MUP, and Appellant provided a California Department of Tax and Fee Administration Seller’s Permit. No Boat Sales license was provided (agent or broker license).
• December 12, 2024 - City formally denies MUP application in writing to Appellant (attached as Exhibit B).
• Appellant timely filed its appeal on December 20, 2024 (attached as Exhibit C).

ANALYSIS/DISCUSSION
Minor Use Permit (MUP)
The table of permitted uses found in Section 18.60.050 (Uses Permitted in NonResidential Zones) of the Hawaiian Gardens Municipal Code (HGMC) allows auto sales (new or used) as a use that is permitted in the Commercial General (C-4) zone subject to the issuance of a Minor Use Permit (MUP). HGMC Section 18.20.030 defines “automobile sales area” to include “an open area or building used for the display or sales of new or used automobiles, trucks, trailers, or boats.” (emphasis added). The Property is located in the C-4 zone. Thus, a MUP was required for the proposed project at the Property.

HGMC Section 18.100.050 (E) lists the required findings for a MUP and states:
“In granting a Minor Use Permit, the Director shall make the following findings:

1. That the proposed use is consistent with the general plan;

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;
Agenda Item #A1
January 29, 2025

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3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code;

4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.” In Staff’s review of the totality of the application, including Appellant’s description of how the Property is going to be used and the proposed site layout, staff believed that the proposed operations are more akin to boat storage – which is not a permitted use in the HGMC. Thus, staff could not make the required findings for the MUP as the proposed use is not consistent with the General Plan and Zoning Code and may be detrimental to the property or improvements in the surrounding area as a stagnant storage area not manned by any employees or frequented regularly by customers looking to purchase boats is a potential target for crime, vandalism and/or loitering.

The above determination was based on the Appellant’s description of how the site will be used. In meetings and written correspondence, the Appellant indicated that it would keep its waterfront office elsewhere (outside of the City of Hawaiian Gardens). They added that no staff will be onsite, and that Appellant will only occasionally bring a customer to the site to pick up their boat and trailer to take to the water for “test drives.” Further, it was unclear to the City that if a sale is made in the aforementioned example, where the point of sale will be and where the appropriate sales tax will be paid.

Pursuant to HGMC Section 18.100.050 (D), any decision by Staff is final unless an appeal is filed by the Appellant pursuant to section 18.100.170 of the HGMC. As noted above, the Appellant timely filed an appeal. The reasons for the appeal are set forth in full in Exhibit C.1
HGMC Section 18.100.170 posits the purpose and process for the filing and consideration of an appeal and in pertinent, subsection F described the decision criteria for the Planning Commission:
“F. Decision criteria.

1. The appeal body shall make the same findings and use the same criteria as the decision-making body whose action is appealed.

2. If new plans are submitted during the appeal process, this shall be considered as a new request and therefore, a new application shall be submitted. 1 In order to avoid paraphrasing or misrepresenting the Appellant’s position, staff is referring the Planning Commission to the entirety of the Appellant’s appeal. However, the Planning Commission’s role is to review and decide the appeal pursuant to the provisions of the HGMC related to the MUP. Other legal/constitutional arguments posited by the Appellant are disputed by City staff and are not the purview of the Planning Commission.

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3. Nothing herein shall prevent the appellate or review body from imposing conditions on a project and granting approval to a project modified by conditions imposed as part of the decision.

4. The decision of the City Council shall be final.”
Thus, the Planning Commission should independently review the Appellant’s application and all other written and oral evidence presented to the Planning Commission at the public hearing and exercise its own independent judgment as to whether the proposed project at the Property is consistent with the HGMC and meets the HGMC required findings for a MUP.

Proposed Site Layout and Design
The proposed site plan shows use of the existing mobile home as an office, ingress and egress via the existing driveway, 13 Boat, Truck, and Trailer parking spaces, and 10 additional vehicle parking spaces. The proposed site plan also shows required perimeter landscaping, fencing and lighting (Proposed Site Plan included in Exhibit A).

California Environmental Quality Act (CEQA)
The proposed appeal of the Minor Use Permit (MUP) is deemed categorically exempt from review under the California Environmental Quality Act (CEQA). Specifically, denial of the MUP application is exempt from environmental review pursuant to Public Resources Code §21080(b)(5) and CEQA Regulation, §15270 (a), which posit that CEQA does not apply to projects which a public agency rejects or disapproves. Should the Planning Commission decide to approve the MUP as applied for, then that approval is exempt under CEQA Regulations §§15301, 15303(c) &(e), 15304(b) 15311(a) &(b), and 15332, because it establishes rules and procedures to alter existing facilities, permit new construction or conversion of small structures; permit minor alterations to the land and landscaping; construct or replace accessory commercial structures, signs, and parking lots; and permits an in-fill development project which are all exempt under the aforementioned CEQA Regulations. The MUP is therefore categorically exempt from further CEQA review under CEQA Regulations §§15301, 15303(c) &(e), 15304(b), 15311(a) &(b), and 15332.

PUBLIC INPUT
As of the date that this report was prepared, staff has received one correspondence regarding this matter (Exhibit D.)
Agenda Item #A1
January 29, 2025

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ATTACHMENTS
Exhibit A - Application, Proposed Site Plan, Business Operation Description Exhibit B - City’s Denial Letter - dated December 12, 2024 Exhibit C - Appellant’s Appeal Letter - dated December 20, 2024 Exhibit D - Public Input

1 | P a g e

HAWAIIAN GARDENS
via email: [email protected]
December 12, 2024

1.That the proposed use is consistent with the General Plan;

2.That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

CITY OF “Our Youth – Our Future”
2 | P a g e

If you disagree with Staff's determination, you may file an appeal of this determination per HGMC 18.100 within ten (10) days of the date of this letter.

Thank you,
Tonya Pace
Senior Planner

Mr. Pablo Rubio

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Mr. Pablo Rubio

Page 3 ends

Mr. Pablo Rubio

Page 4 ends

In fact, the City would receive sales tax revenue from the Project’s boat sales, further confirming the Project as a boat sales use rather than boat storage.

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Mr. Pablo Rubio

Page 6 ends

Mr. Pablo Rubio

Page 7 ends

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1. That the proposed use is consistent with the general plan.

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations.

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this Zoning Code.

Page 9 ends

Moreover, the sales tax revenue generated from the Project would extend the Project’s benefits to the entire City, by bolstering the City’s overall fiscal health and general welfare.

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Exhibit A
[December 12, 2024 MUP Denial]
1 | P a g e

HAWAIIAN GARDENS
via email: [email protected]
December 12, 2024

1.That the proposed use is consistent with the General Plan;

2.That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

CITY OF “Our Youth – Our Future”
2 | P a g e

If you disagree with Staff's determination, you may file an appeal of this determination per HGMC 18.100 within ten (10) days of the date of this letter.

Thank you,
Tonya Pace
Senior Planner
Mr. Pablo Rubio

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MUP Denial Assertion Response
a stagnant storage area, as it does not
generate Surf City Boats income.

Page 14 ends

MUP Denial Assertion Response
that a portion of the sales taxes paid will be
allocated to the City.

Without other information indicating that
boat sales will occur, the City is unable to
make the required findings to support your
proposed project – boat sales.

See the body of the appeal letter, showing
that the required MUP findings for the
Project are supported by substantial
evidence.

From: City of Hawaiian Gardens, CA
To: Tonya Pace
Subject: Public Hearing Case PLNG2024-0011 - Minor Use Permit Date: Thursday, January 23, 2025 11:38:30 AM
Message submitted from the <Hawaiian Gardens, CA> website.

Site Visitor Name: Sylvia Minjares
Site Visitor Email: [email protected]
Our Sr. Planner, Paul Kuykendall would like a copy of the staff report, exhibits, and any related traffic or parking studies.

Thank you in advance for your assistance and have a great day! Sylvia Minjares, Administrative Clerk
www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
50 California Street, Suite 3200
San Francisco, California 94111-4710
P: 415.262.5100 F: 415.262.5199
Scott B. Birkey
415.262.5162
[email protected]
March 5, 2025
VIA E-MAIL ([email protected])
Pablo Rubio
City Clerk
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
Re: March 5, 2025 Planning Commission Meeting, Item A.1 – Requested Clarifications and Modifications to Proposed Conditions of Approval for PLNG2024-0011-MUP (12347 E. Carson Street)
Dear Mr. Rubio:

We represent Surf City Boats, Inc. (“Surf City Boats”) in connection with its proposed boat sales project (the “Project”) located at 12347 E. Carson Street (the “Property”), with an Assessor Parcel Number (“APN”) of 7066-017-127, in the City of Hawaiian Gardens (the “City”). We write, on behalf of Surf City Boats, to request clarification and/or modification of several of the Conditions of Approval (“COAs”) proposed by City staff in the draft Resolution No. 2025-0011 approving Surf City Boats’ minor use permit (“MUP”) application for the Project.

The COAs as currently drafted by City staff would unnecessarily restrict Surf City Boats’ ability to proceed with the Project. The COAs introduce unnecessary and inappropriate limitations and requirements as well as present a level of ambiguity as to their applicability to the Project. Accordingly, Surf City Boats provides the below requests and recommendations to the currently drafted COAs. As we understand the MUP approval is already set to go before the City Council for further consideration, our intention is not necessarily for the Planning Commission to resolve these requests at its March 5, 2025 meeting. Instead, our aim is to ensure that Surf City Boats’ concerns are formally documented and included in the record ahead of the City Council hearing. By doing so at this time, we are hopeful we can work 1 Draft Resolution No. 2025-001 and the associated COAs are both available at https://hgcity.primegov.com/Portal/Meeting?meetingTemplateId=4190 [Item A.1]. Notwithstanding the Planning Commission having directed City staff to prepare a resolution approving the MUP on January 29, 2025, City staff only provided Surf City Boats with the COAs for review 28 days later—at the end of the day on February 26, 2025.

Exhibit F
Mr. Pablo Rubio

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productively with City staff to find mutually satisfactory clarifications and/or modifications of the COAs before the matter is considered by City Council.

1. Planning Department COA No. 1
This COA requires clarification. Surf City Boats has always maintained to City staff, including prior to purchasing the Property, that it would rent out a portion of the Property— separate from its Project and MUP approval. Other businesses are permitted to rent space pursuant to adherence with the Hawaiian Gardens Municipal Code (“HGMC”). The COA as currently drafted could be interpreted to vest discretion with the City where the HGMC otherwise allows for a matter by-right.

Surf City Boats’ Request: Surf City Boats hereby requests that the City make the following clarifications to this COA:

1. This Minor Use Permit will allow for the operation of boat sales, and sales of boat parts and accessories (Surf City Boats, Inc) on property located at 12347 E. Carson Street. No other ancillary services and/or other businesses or uses shall be allowed at the subject site, pursuant to the Minor Use Permit, unless approved by the Community Development Department.

2. Planning Department COA No. 2
This COA requires modification. Surf City Boats is unclear the purpose of dictating the range of boat sizes (20–30 feet in length) permitted for sale, and this requirement appears to be unrelated to HGMC requirements. This presents an undue limitation on Surf City Boats’ ability to sell boats.

Surf City Boats’ Request: Surf City Boats hereby requests that the City make the following modifications to this COA:

2. This approval allows for the sale of new and used boats (owned solely by Freedom Boat Club/Surf City Boats, Inc.), and allows only for the sale of boats ranging in size from 20-30 feet in length.

3. Planning Department COA No. 3
This COA requires clarification. The COA as currently drafted is overly broad and, as such, requires clarification to ensure that it is not interpreted to pose unnecessary limitations on the Project.

Surf City Boats’ Request: Surf City Boats hereby requests that the City make the following clarifications to this COA:

Mr. Pablo Rubio

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3. No maintenance, repair, or painting of any boats and trailers, not intended for sale from the premises, shall be conducted on the premises. No installation of any products, upholstery installation or repair, unrelated to sales from the premises, shall be conducted on the premises.

4. Planning Department COA No. 8
This COA requires clarification. It is unclear to Surf City Boats what separate permit that would require review and approval by the Planning Division would be required for repaving and restriping the Property following MUP approval.

Surf City Boats’ Request: Surf City Boats hereby requests that the City clarify this COA.

5. Planning Department COA No. 12
This COA requires clarification. As currently drafted, this COA ends with “under separate.”—but, it is unclear exactly what this “under separate” language is referring to. It appears that there are some words missing from this COA.

Surf City Boats’ Request: Surf City Boats hereby requests that the City clarify the language in this COA.

6. Planning Department COA No. 13
This COA requires modification. The requirements listed in this COA are new to Surf City Boats and are contrary to Surf City Boats’ previous understanding on the matter, based on prior discussions and representations from the City during the processing of the MUP and based on HGMC section 18.70.050.B.5, which provides that “[e]xisting legal nonconforming fencings or walls should be maintained or repaired.” For example, pursuant to the “Incomplete Application” received by Surf City Boats on March 12, 2024 the Planning Department states the following as its first requirement for fencing on the site plan “Remove Privacy screening from plans and replace with plastic slats.”
Surf City Boats’ Request: Surf City Boats hereby requests that the City modify the language in this COA, which reflects Surf City Boats’ previous understanding on the matter.

13. The existing perimeter chain link fencing shall be repaired and barbed wire (sitewide) shall be removed. Plastic slats shall be inserted into the chain link fencing. The block wall on the south property line shall remain. Perimeter walls and fencing shall be replaced as follows: 1) The north and west property lines shall have a decorative block wall with a maximum height of six (6) feet; 2) The east property line along Claretta Avenue shall be a combination of low non-view obscuring decorative block wall with decorative wrought iron on top, with a combined maximum overall height of six (6) feet. Perimeter walls and fencing shall remain. All decorative block walls shall have anti-graffiti coating.

Mr. Pablo Rubio

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7. Planning Department COA No. 14
This COA requires clarification. Surf City Boats seeks clarification that this only applies at the time Surf City Boats seeks to make exterior façade improvements to the mobile office building.

Surf City Boats’ Request: Surf City Boats hereby requests that the City clarify the language in this COA.

14. As applicable, eExterior façade improvements shall be made to the mobile office building under separate permit, subject to HGMC 18.70.090 Non-residential Design Guidelines.

The owner/applicant shall provide existing and proposed elevations for review and approval by Community Development subject to all applicable review and permits.

8. Planning Department COA No. 19
This COA requires clarification. The COA as currently drafted could be interpreted to provide excessive discretion for a member of the public to mandate the hiring of a noise consultant by Surf City Boats. Additionally, while the Project is not anticipated to generate significant noise, it is unclear to Surf City Boats whether the 65 dBA is derived from the HGMC—which appears to otherwise require adherence to a 75 dBA exterior noise level for commercial properties and in the Property’s C-4 zone. (See HGMC §§ 9.29.050–9.29.060.) Surf City Boats’ Request: Surf City Boats hereby requests that the City clarify the language in this COA.

19. Noise generated from the business shall comply with HG Municipal Code. In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any noise complaints be formally submitted to the Sheriff Department/Code Enforcement, which includes reasonable evidence of potential exceedance of the applicable dBA standard, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA during use and provide the evidence to Community Development staff that said use does not exceed 65 dBA.

9. Planning Department COA No. 20
This COA requires modification. Surf City Boats is unclear the purpose of limiting the overnight exterior storage on the Property to a maximum of 13 vehicles. This limitation of 13 vehicles appears arbitrary, as it has not been previously discussed with Surf City Boats, and considering that HGMC section 18.70.060 allows for ten vehicles absent a MUP (including one that specifically relates to the sale of inventory of “vehicles” as listed in the COA). This presents an undue limitation on Surf City Boats’ ability to sell boats and use the Property.

Surf City Boats’ Request: Surf City Boats hereby requests that the City modify the language in this COA.

Mr. Pablo Rubio

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20. Onsite Vehicle storage is allowed under this MUP per HGMC 18.70.060 and is limited to a maximum of thirteen (13) [placeholder for a to be agreed upon number of] vehicles (ie. boats, trucks, trailers, etc.) for overnight storage at any given time in the designated display area. Any increase in storage of vehicles/boats/trucks/trailers beyond thirteen (13) the abovementioned number would require additional MUP review and approval of a new (or modified MUP) for vehicle storage.

10. Planning Department COA No. 22
This COA requires modification. The COA as currently drafted stipulates an exclusive list of items that may be contained in the equipment area. There is, however, no basis for this exclusive list, which omits several items commonly found in equipment areas of this type. Surf City Boats agrees to only maintain equipment within the equipment area related to the boat sales Project. Furthermore, the equipment area is to be screened pursuant to this COA in any event.

Surf City Boats’ Request: Surf City Boats hereby requests that the City modify the language in this COA.

22. The outdoor storage/equipment area identified on the approved site plan shall be fully screened with view-obscuring fencing and gate, and landscaping, so that the storage/equipment is not visible from public right-of-way and adjacent properties. The access gate to this storage area shall remain closed when not accessing the area. Such equipment area shall only contain the following items related to the functioning of boat sales: boat trailers for sale, equipment dollies, hand-trucks, and trailer mules for sale and for use onsite moving boats.

11. Planning Department COA No. 23
This COA requires clarification. The boats for sale and related equipment may contain gasoline and oil within them.

Surf City Boats’ Request: Surf City Boats hereby requests that the City clarify the language in this COA.

23. No hazardous materials (ie. gasoline, propane, oil) shall be stored on site outside of the boats for sale and related equipment.

12. Planning Department COA No. 33
This COA requires clarification. HGMC section 18.100.020.L–M provides for the possibility of permit extensions. Surf City Boats does not intend to waive any rights granted to it pursuant to the HGMC under this COA. In fact, Surf City Boats does not intend to waive any rights granted to it pursuant to the HGMC under any of the COAs, unless expressly stated.

Surf City Boats’ Request: Surf City Boats hereby requests that the City clarify the language in this COA.

Mr. Pablo Rubio

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33. In the event that the herein specified entitlement and operation (Case No.

PLNG2024-0011-MUP) is not implemented within one (1) year from the date of approval of this application, unless otherwise extended in accordance with the Hawaiian Gardens Municipal Code or other law, such approval shall automatically become null and void.

13. Planning Department COA No. 34
This COA refers to a prior Subdivision Improvement Agreement (“SIA”) and appears to require Surf City Boats’ execution and recordation of the SIA as part of the MUP approval.

In addition to objecting to the vague and open-ended text “satisfaction of the Community Development Department,” we object to this COA and all other COAs that reference the SIA on the grounds that the City has not demonstrated any nexus or rough proportionality between the Project and the SIA. Put simply, the City has not explained why the Project requires an SIA, let alone why the SIA is even relevant here.

Without a further understanding of the applicability of the SIA to Surf City Boats, as we understand the SIA was not recorded against title pursuant to Government Code section 66411.1, subdivision (a) (as there was no relevant statement on the applicable parcel map and there was no instrument evidencing waiver of the parcel map), and because the COAs do not make clear the relationship between the Project and the unrecorded SIA, Surf City Boats cannot blanketly agree to any of the COAs that reference the SIA.

The above said, we are open to discussing any COAs that refer to the SIA before City Council’s further consideration of the MUP approval.

14. Clarification of Applicability of Building Department COAs As certain of these COAs do not appear applicable based on the nature of the Project (which is not to include a development of a building), Surf City Boats would appreciate further clarification from the City on which of these COAs are truly applicable to the Project (given that we understand many of these COAs to be standard in nature and not necessarily applicable to every project).

15. Clarification of Applicability of Engineering Division COAs Similar to the above, as certain of these COAs do not appear applicable based on the nature of the Project (which is not to include a final map), Surf City Boats would appreciate further clarification from the City on which of these COAs are truly applicable to the Project (given that we understand many of these COAs to be standard in nature and not necessarily applicable to every project).

Furthermore, as discussed in relation to Planning Department COA No. 34 above, without a further understanding of the applicability of the SIA to Surf City Boats in the first instance and without a further understanding of how the COAs that refer to the SIA align with Mr. Pablo Rubio

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the previously unrecorded SIA, Surf City Boats cannot blanketly agree at this time to these COAs. (See, e.g., Engineering Division COA Nos. 9, 14, 15, 16, 17, 18, 19, 25, 26, 29, 31, and

32.) As discussed above, we are open to discussing any COAs that refer to the SIA prior to City Council’s further consideration of the MUP approval.
* * *
As discussed above, because we understand the MUP approval is already set to go before the City Council for further consideration, our intention is not necessarily for the Planning Commission to resolve these requests at its March 5, 2025 meeting. Instead, our aim is to ensure that Surf City Boats’ concerns are formally documented and included in the record ahead of the City Council hearing—so that we can best work productively with City staff to find mutually satisfactory clarifications and/or modifications of the COAs before the matter is considered by City Council.

Surf City Boats thanks the Planning Commission, City staff, and the City Attorney’s Office for its attention to this matter—and looks forward to further coordination on the COAs in the weeks ahead.

CITY OF HAWAIIAN GARDENS

PLANNING COMMISSION
AGENDA
Fabiola Hernandez, Vice Chairmember
Luis Alvarez, Commissioner
Axzel Roman,
Chairmember
Wednesday, March 5, 2025
Regular Meeting, 6:00 PM
Luis Gonzalez, Commissioner
Grant Winford, Commissioner
AGENDA

1. Recommendation to adopt Planning Commission Resolution No. 2025-001, approving (overturning staff’s denial) a Minor Use Permit (PLNG2024-0011-MUP), subject to conditions of approval for a proposed boat sales business located at 12347 E. Carson Street (“Property”) in the City of Hawaiian Gardens (APN: 7066- 017-127) and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA).

SUGGESTED ACTION: Approve Recommendation.

CITY OF HAWAIIAN GARDENS

PLANNING COMMISSION

STAFF REPORT
Agenda Item #A1
DATE: March 5, 2025
TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: Elise McCaleb, Community Development Director
BY: Patrick Donegan, Assistant City Attorney
Tonya Pace, Senior Planner
SUBJECT:

APPEAL BY SURF CITY BOATS, INC. OF A DENIAL OF A MINOR USE PERMIT (PLNG2024-0011-MUP) BY CITY STAFF FOR A PROPOSED BOAT SALES BUSINESS LOCATED AT 12347 E. CARSON STREET (“PROPERTY”) IN THE CITY (APN: 7066- 017-127) AND APPROVAL RESOLUTION NO 2025-001.

RECOMMENDATION:

Per the Planning Commission’s direction on January 29, 2025, Staff prepared the attached Resolution 2025-001, approving (overturning Staff’s denial) a Minor Use Permit (PLNG2024-0011 MUP), subject to Attachment A - Conditions of Approval, for a boat sales business located at 12347 E. Carson Street (“Property”) in the City of Hawaiian Gardens (APN: 7066-017-127) and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA).

The Planning Commission’s approval of the aforementioned Resolution No. 2025-001 is based on the following findings:

The proposed use of the Property is a Boat Sales business as permitted via a MUP under the HGMC and satisfies the requirement of a MUP as stated in HGMC section 18.100.050 (E):
“1. That the proposed use is consistent with the general plan;

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code; and
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4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.”

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Timeline:

The following is a timeline of the application review process:
• 2/20/24 - Application submitted.
• 2/20/24 - Application Payment.
• 3/12/24 - Application deemed incomplete.
• 4/30/24 - Meeting to discuss Proposed Project with Appellant. • On 5/1/24, City Planning staff requested business information from Appellant requesting what type of State License Appellant would obtain for Boat Sales. • On 7/3/24, City Planning staff again requested the same information and that the information be submitted by 7/17/24. No State License for Boat Sales was provided in response to the request.
• On 8/28/24, an incomplete letter was issued, indicating that the State License information was not received, and the proposed project application was deemed incomplete.
• On 10/18/24, Appellant sent letter outlining reasons why Appellant believes the City should issue the MUP, and Appellant provided a California Department of Tax and Fee Administration Seller’s Permit. No Boat Sales license was provided (agent or broker license).
• On 12/12/24, the City formally denies MUP application in writing to Appellant. • On 12/20/25, the Appellant timely filed its appeal.
• On 1/29/25, the Planning Commission held a Public Hearing to consider the appeal of Minor Use Permit (PLNG2024-0011 MUP), and directed Staff to prepare a Resolution for Approval.
• Staff prepared Resolution No. 2025-001 for approval subject to Attachment A - Conditions of Approval.

Existing Site Conditions
The existing site is partially occupied with what appears to be a contractor storage yard and includes construction equipment, commercial vehicles/trucks, and building materials.

Contractor Storage Yards (and related vehicles, equipment and materials) are not allowed in the C-4 zone, nor have any licenses or approvals been issued for this use on the site.

The subject site has been partially cleaned over the past year. At least one unlicensed business appears to be on the site.

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ANALYSIS/DISCUSSION
The following Section is the analysis from the Staff Report for the Planning Commission meeting on January 29, 2025.

Minor Use Permit (MUP)
The table of permitted uses found in Section 18.60.050 (Uses Permitted in NonResidential Zones) of the Hawaiian Gardens Municipal Code (HGMC) allows auto sales (new or used) as a use that is permitted in the Commercial General (C-4) zone subject to the issuance of a Minor Use Permit (MUP). HGMC Section 18.20.030 defines “automobile sales area” to include “an open area or building used for the display or sales of new or used automobiles, trucks, trailers, or boats.” (emphasis added). The Property is located in the C-4 zone. Thus, a MUP was required for the proposed project at the Property.

HGMC Section 18.100.050 (E) lists the required findings for a MUP and states:
“In granting a Minor Use Permit, the Director shall make the following findings:

1. That the proposed use is consistent with the general plan;

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code;

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1. The appeal body shall make the same findings and use the same criteria as the decision-making body whose action is appealed.

2. If new plans are submitted during the appeal process, this shall be considered as a new request and therefore, a new application shall be submitted.

3. Nothing herein shall prevent the appellate or review body from imposing conditions on a project and granting approval to a project modified by conditions imposed as part of the decision.

California Environmental Quality Act (CEQA)
The proposed appeal of the Minor Use Permit (MUP) is deemed categorically exempt from review under the California Environmental Quality Act (CEQA). Specifically, denial of the MUP application is exempt from environmental review pursuant to Public Resources Code §21080(b)(5) and CEQA Regulation, §15270 (a), which posit that CEQA 1 In order to avoid paraphrasing or misrepresenting the Appellant’s position, staff is referring the Planning Commission to the entirety of the Appellant’s appeal. However, the Planning Commission’s role is to review and decide the appeal pursuant to the provisions of the HGMC related to the MUP. Other legal/constitutional arguments posited by the Appellant are disputed by City staff and are not the purview of the Planning Commission.

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does not apply to projects which a public agency rejects or disapproves. Should the Planning Commission decide to approve the MUP as applied for, then that approval is exempt under CEQA Regulations §§15301, 15303(c) &(e), 15304(b) 15311(a) &(b), and 15332, because it establishes rules and procedures to alter existing facilities, permit new construction or conversion of small structures; permit minor alterations to the land and landscaping; construct or replace accessory commercial structures, signs, and parking lots; and permits an in-fill development project which are all exempt under the aforementioned CEQA Regulations. The MUP is therefore categorically exempt from further CEQA review under CEQA Regulations §§15301, 15303(c) &(e), 15304(b), 15311(a) &(b), and 15332.

PUBLIC INPUT
As of the date that this report was prepared, staff has received one correspondence regarding this matter, requesting the staff report for the January 29, 2025 Public Hearing.

ATTACHMENTS
Attachment A - Conditions of Approval
Attachment B - RESOLUTION NO. 2025-001
Attachment C - Planning Commission Staff Report 1/29/25

RESOLUTION NO. 029-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN

GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A MINOR USE PERMIT (PLNG2024-0011 MUP), SUBJECT TO CONDITIONS OF

APPROVAL FOR A PROPOSED BOAT SALES BUSINESS LOCATED AT
12347 E. CARSON STREET (“PROPERTY”) IN THE CITY OF HAWAIIAN GARDENS (APN: 7066-017-127) AND DETERMINING THAT THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, Surf City Boats, Inc., (“Applicant”) filed an application for a Minor Use Permit (“MUP”) for a boat sales business at the Property (“Project”); and WHEREAS, the Property is located within the C-4 (General Commercial) zoning district and is designated as General Commercial on the City of Hawaiian Gardens General Plan Land Use Map; and
WHEREAS, a Minor Use Permit (“MUP”) is required for a boat sales business; and WHEREAS, a proposed site plan was submitted in conjunction with the Minor Use Permit (“MUP”) application for the Project. The boat sales proposal includes use of the existing Mobile Home as a proposed office, and parking lot, equipment area, landscaping, fencing, and lighting improvements; and
WHEREAS, the Community Development Director issued a denial letter for the proposed Minor Use Permit (PLNG2024-0011 MUP) on December 12, 2024 based on the fact that the City is unable to make the findings required by the Hawaiian Gardens Municipal Code (“HGMC”); and
WHEREAS, the Applicant appealed the Director’s decision on December 20, 2024 to the Planning Commission of the City of Hawaiian Gardens (“Planning Commission”); and
WHEREAS, on January 17, 2025, a Public Notice was published in the Los Cerritos Community News; and notices were placed at the City Hall, Lee Ware Park, and Lakewood Mobile Home Park; and notices were mailed to property owners within 300 feet of the subject property specifying the date, time and location of the public hearing before the Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 29, 2025, and fully considered all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, and directed Staff to prepare a Resolution for Planning Commission Approval as a Consent Agenda item; and WHEREAS, the Planning Commission determined that Case Number PLNG2024- 0011 does satisfy the criteria of Section 18.100.050 (E) of the City of Hawaiian Gardens Exhibit H
Municipal Code for an MUP in that:

1. The proposed use is consistent with the General Plan;

2. The proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. The proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code;

4. The proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare; and WHEREAS, the proposed MUP was deemed categorically exempt from review under the California Environmental Quality Act (CEQA). Specifically, The approval is exempt under CEQA Regulations §§15301, 15303(c) &(e), 15304(b) 15311(a) &(b), and 15332, because it establishes rules and procedures to alter existing facilities, permit new construction or conversion of small structures; permit minor alterations to the land and landscaping; construct or replace accessory commercial structures, signs, and parking lots; and permits an in-fill development project which are all exempt under the aforementioned CEQA Regulations. The MUP is therefore categorically exempt from further CEQA review under CEQA Regulations §§15301, 15303(c) &(e), 15304(b), 15311(a) &(b), and 15332; and
WHEREAS, the Planning Commission at its Regular Meeting on March 5, 2025, adopted Planning Commission Resolution No. 2025-01 approving PLNG2024-0011 MUP subject to compliance with certain Conditions of Approval attached as Attachment “A” to Resolution No. 2025-01; and
WHEREAS, pursuant to the authority granted in HGMC Section 18.100.170(D), any member of the City Council is authorized to call up for review any decision made by the Director or Planning Commission; and
WHEREAS, on March 10, 2025, City Council Member Farfan requested review of the Planning Commission’s decision adopting Resolution No. 2025-01, approving PLNG2024-0011 MUP, authorizing the operation of a Boat Sales business; and WHEREAS, the City Council held a duly noticed public hearing on October 22, 2025, and fully considered all oral and written testimony, facts, and opinions offered at the public hearing; and
WHEREAS, all other prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hawaiian Gardens as follows:

SECTION 1. RECITALS
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. MINOR USE PERMIT (PLNG2024-0011) Decision & Findings Having considered all of the oral and written evidence presented to it at said public hearing regarding the proposed Boat Sales business, the City Council hereby affirms and sustains the Planning Commission’s decision adopting Resolution No. 2025-02 approving PLNG2024-0011MUP, subject to the condition of approval contained in Attachment “A” to this Resolution. The City Council’s decision is based on the following:

1. The proposed use (Case PLNG2024-0011) is consistent with the General Plan and is not expected to be detrimental to the property or improvements in the surrounding vicinity;

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code;

4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.

SECTION 3. ENVIRONMENTAL REVIEW
The action is exempt from California Environmental Quality Act because it is exempt from further CEQA review under CEQA Regulations §§15301, 15303(c) &(e), 15304(b), 15311(a) &(b), and 15332.

SECTION 4. RELIANCE OF RECORD
Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 5. SUMMARIES OF INFORMATION
All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 6.

The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED by the Hawaiian Gardens City Council on this 22nd day of October 2025.
__________________________
Dandy de Paula
Mayor
Case Number PLNG2024-0011-MUP Page 1
October 22, 2025
ATTACHMENT “A”
Conditions of Approval
Case Number PLNG2024-0011-MUP (Surf City Boats, Inc.)
The Planning Commission hereby approves Case No. PLNG2024-0011 Minor Use Permit (MUP), subject to the following conditions necessary to protect the public’s health, safety, and general welfare.

Planning Department:

1. This Minor Use Permit will allow for the operation of boat sales, and sales of boat parts and accessories (Surf City Boats, Inc) on property located at 12347 E.

Carson Street. No other ancillary services and/or other businesses or uses shall be allowed at the subject site unless approved by the Community Development Department.

2. This approval allows for the sales of new and used boats (owned solely by Freedom Boat Club/Surf City Boats, Inc.), and allows only for the sale of boats ranging in size from 20-30 feet in length.

3. No maintenance, repair, or painting of any boats and trailers shall be conducted on the premises. No installation of any products, upholstery installation or repair shall be conducted on the premises.

4. The operator of the facility shall be responsible at the close of each business day to clean the property of all trash and debris including the adjacent public ways.

5. The driveways and parking lot shall not be sprayed or washed with any type of cleaning agent that could potentially be hazardous to the environment.

6. The approved hours of operation are as follows:

Daily 9:00 AM to 6:00 PM, by appointment only.

7. The Boat Sales use, per the approved site Plan, requires a minimum of ten (10) onsite customer parking spaces, to be provided per Code. The parking requirement is calculated based on the following operational characteristics and site layout shown on the approved Plan:
a. 1 space per 250 square feet of office area (1,500/250 = 6 spaces); b. 1 space per 1,000 square feet of outdoor display (3,900/1,000 = 4 spaces).

8. All parking areas shall be repaved and restriped per HGMC 18.70.010 under separate permit, subject to the review and approval by Planning and Building Divisions.

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9. All customer parking identified on the approved Plan shall be for passenger cars and light-duty passenger trucks. Such customer parking area shall remain free of display and for-sale boats, trailers, and equipment.

10. Customer vehicles shall be parked in designated spaces only and shall not otherwise be parked in the drive aisles or other areas of the facility.

11. No sales or advertising is permitted from public streets or sidewalks.

12. All onsite improvements, including Parking lot Paving and Restriping, Landscape and Screening, Trash Enclosure and Recycling, Fencing, Walls, Gates, Lighting shall be shown on the plans for plan check in compliance with HGMC 18.70 Nonresidential Regulations, submitted to Community Development for review and approval under separate.

13. The existing perimeter chain link fencing and barbed wire (sitewide) shall be removed. The block wall on the south property line shall remain. Perimeter walls and fencing shall be replaced as follows: 1) The north and west property lines shall have a decorative block wall with a maximum height of six (6) feet; 2) The east property line along Claretta Avenue shall be a combination of low non-view obscuring decorative block wall with decorative wrought iron on top, with a combined maximum overall height of six (6) feet. All decorative block walls shall have anti-graffiti coating.

14. Exterior façade improvements shall be made to the mobile office building under separate permit, subject to HGMC 18.70.090 Non-residential Design Guidelines.

The owner/applicant shall provide existing and proposed elevations for review and approval by Community Development subject to all applicable review and permits.

15. Site-wide security cameras shall be provided to survey the subject site at all times.

16. A photometric lighting plan shall be provided with plans submitted for plan check to show that all areas on the site are lit, and that no lighting spillover will occur offsite.

17. The owner/applicant shall provide a security lighting plan during plan check for the subject site including customer and employee parking, boat and trailer display parking, and equipment areas.

18. All site lighting shall be shielded away from residential properties.

19. Noise generated from the business shall comply with HG Municipal Code. In any case, noise shall not exceed 65 dBA, as measured at the property line. Should Case Number PLNG2024-0011-MUP Page 3
October 22, 2025
any noise complaints be formally submitted to the Sheriff Department/Code Enforcement, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA during use and provide the evidence to Community Development staff that said use does not exceed 65 dBA.

20. Onsite Vehicle storage is allowed under this MUP per HGMC 8.70.060 and is limited to a maximum of thirteen (13) vehicles (ie. boats, trucks, trailers, etc.) for overnight storage at any given time in the designated display area. Any increase in storage of vehicles/boats/trucks/trailers beyond thirteen (13) would require additional MUP review and approval of a new (or modified MUP) for vehicle storage.

21. The outdoor storage/equipment area identified on the approved site plan shall be fully screened with view-obscuring fencing and gate, and landscaping, so that the storage/equipment is not visible from public right-of-way and adjacent properties.

The access gate to this storage area shall remain closed when not accessing the area. Such equipment area shall only contain the following items: boat trailers for sale, equipment dollies, hand-trucks, and trailer mules for sale and for use onsite moving boats.

22. No hazardous materials (ie. gasoline, propane, oil) shall be stored on the premises.

23. Minor changes to the site plan shall be reviewed by the Community Development Director, and approved if acceptable. Major changes to the site plan or operation shall require the submittal of a new application (or Modification to the MUP) and plans to the Planning Department.

24. All signs require separate permits, subject to the review and approval by Planning and Building Divisions. The applicant shall obtain all applicable permits.

Approval of these plans does not imply approval of any signage.

25. The new trash enclosure shall be provided per HGMC 18.70.030, and shall meet all City and Commercial Waste requirements. The trash enclosure design, colors, and materials shall be consistent and compatible with the other structures on the site. Trash must be picked up as necessary to ensure that the trash enclosure has adequate space to accommodate the needs of the site. No trash storage/disposal shall be placed in the public right of way.

26. All new onsite utilities shall be provided underground.

27. This Minor Use Permit may be reviewed and reconsidered by the Director of Community Development and/or City Council at any time for the purpose of imposing new conditions to mitigate a nuisance or to revoke the permit to abate a nuisance.

28. Any questions of intent or interpretation of any conditions shall be resolved by the Case Number PLNG2024-0011-MUP Page 4
October 22, 2025
Director of Community Development.

29. It is not the intent of this approval to supersede and or replace any previously approved entitlements and associated conditions for the subject property. The Director of Community Development shall have the discretion to determine which conditions shall apply should conflicts arise between this approval and any other entitlements on the property.

30. These terms and conditions shall be perpetual, for the approved use only. All conditions for this use shall also bind all future owners and possessors of the subject property to the terms and conditions.

31. Plans shall be submitted to LA County Fire Prevention - Land Development Unit for review and compliance with all applicable codes and regulations, subject to review and approval by LA County Fire Department.

32. In the event that the herein specified entitlement and operation (Case No.

PLNG2024-0011-MUP) is not implemented within one (1) year from the date of approval of this application, such approval shall automatically become null and void.

33. The Subdivision Improvement Agreement shall be executed and recorded, subject to the satisfaction of the Community Development Director.

34. Owner/Applicant shall fully indemnify, protect, defend, and hold harmless the City of Hawaiian Gardens (City) and the City’s agents, officers, employees, and attorneys (collectively, “Indemnified Parties”) from and against any and all actual or alleged claims, actions and/or proceedings against the Indemnified Parties by third-parties that relate to or arise from any approval of the Project or any related approvals, including but not limited to (i) any California Environmental Quality Act (“CEQA”) approvals, findings, and/or determinations, (ii) the approval of any permits (including any conditional use permits), variances, plot plans, design plans, maps (including any tentative parcel maps), licenses, or amendments, (iii) any challenge to the reasonableness, legality or validity of any of the conditions set forth herein, and (iv) any other approvals or actions taken by the Indemnified Parties relating to the project (collectively, “Approvals”). The owner/applicant’s indemnification obligation shall include, but shall not be limited to, any and all future third-party claims, actions, and/or proceedings against the Indemnified Parties (i) which seek to attack, set aside, void, or annul any of the Approvals; and/or (ii) which seek damages (including, without limitation, special and consequential damages and punitive damages) allegedly related to or arising from the Approvals (collectively, “Claims”). The owner/applicant’s indemnification obligation shall further include, but shall not be limited to, any damages, fees (including attorney’s fees), and or/costs either awarded against and/or incurred by the Indemnified Parties in connection with the Claims.

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35. Freedom Boat Club / Surf City Boats, Inc. shall obtain a business license and adhere to HGMC Chapters 5.04 and 5.06.

Building Department

1. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.

2. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit.

3. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect.

4. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided.

5. South Coast Air Quality Management District must be contacted prior to any demolition or renovation. Call (909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result in a penalty of up to $25,000 per day.

6. A geotechnical and soils investigation report is required. Prior to permit issuance a PDF copy of the soils report shall be provided by the applicant.

7. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all excavation and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation.

8. All State of California disability access regulations for accessibility shall be complied with.

9. Electrical plan check is required.

10. Mechanical plan check is required.

Engineering Division

1. Prior to submitting the final map to the City Public Works Department for examination, the owner/applicant shall obtain clearances from all affected Departments and Division, for the following mapping items: mathematical accuracy, survey analysis, and correctness of certificates, signatures, etc.

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2. Prior to submittal of a final map, the owner/applicant shall pay all fees required to review documents and plans for final map clearance.

3. A final parcel map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder.

4. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final tract/parcel map is released for filing with the County Recorder.

5. If applicable, monumentation of parcel map boundaries, street centerline and lot boundaries is required for a map based on a field survey.

6. Final parcel map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office prior to issuance of building permits.

7. If applicable, the project shall comply with all requirements of the Subdivision Map Act.

8. The property shall be graded to drain to the street or approved easement, but in no case shall such drainage be allowed to sheet flow across the public sidewalk. A grading and/or drainage plan prepared by a licensed civil engineer shall be submitted to and approved by the Building Official/City Engineer, and such grading and drainage shall take place in accordance with such approved plan.

9. Per the Subdivision Improvement Agreement, the Permittee shall dedicate street easements, storm drain easements, public utility easements, sewer easements, bikeway easement or other identified easement to the satisfaction of the City Engineer. The Permittee shall hire a Civil Engineer or Land Surveyor to prepare the legal description for the easement to be dedicated and shall the use the forms provided by the City. A street dedication at Tilbury Street shall be dedicated to the City to accommodate a full-width sidewalk and the completion of the circular cul-de-sac.

10. Water service facilities, including appropriate backflow prevention devices, shall be installed to the satisfaction of the Building Official.

11. Sanitary sewer facilities shall be installed to the satisfaction of the City Engineer.

12. If applicable, the owner/applicant shall submit a copy of the sewer plans to the Case Number PLNG2024-0011-MUP Page 7
October 22, 2025
City and to the Los Angeles County Department of Public Works for review.

Show sewer connections on site plan.

13. Grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. A grading and drainage plan must be provided for this property to have an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the street, a public drainage facility, or an approved drainage easement. Plans must be stamped by a registered civil engineer.

14. Offsite improvement plans must be approved by City Engineer and stamped by a register civil engineer.

15. Applicant shall install ADA compliant curb ramp at the southwest corner of Tilbury Street and Claretta Avenue. The existing tree and planter adjacent to the ramp shall be removed.

16. Applicant shall install ADA driveway along Claretta Avenue and replace adjacent parkway drain if damaged.

17. The gate located along Claretta Avenue shall be offset 20 feet from the street property line and shall be an electronic opening and closing gate per satisfaction of the Community Development Department, and Public Works.

18. The applicant shall construct new sidewalk on Tilbury Street to accommodate the street widening for the dedication to build the full cul-de-sac and the sidewalk shall extend to the intersection at Tilbury Street and Claretta Avenue.

19. The applicant shall construct a new decorative block wall along Tilbury Street to accommodate the new cul-de-sac extension. Such wall shall be constructed per Code under separate permit, subject to review and approval by Community Development and Public Works.

20. ADA parking stalls to be included onsite per Planning Department parking count requirement.

21. Pursuant to HGMC Chapter 6.47, the Permittee shall comply with the National Pollutant Discharge Elimination System (NPDES), the requirements of the Regional Water Quality Control Board, the Los Angeles County MS4 Permit and the City of Hawaiian Gardens.

22. The Permittee shall pay all fees and charges in place related to report review and implementation, plan checking, and any field inspections.

Case Number PLNG2024-0011-MUP Page 8
October 22, 2025

23. The Applicant shall submit a drainage report if applicable. Hydrologic and hydraulic calculations demonstrating adequate site drainage from a 25-year return frequency storm (50-year frequency in sump areas) prepared by a Registered Civil Engineer shall be submitted with the Grading Plan. The report shall conform to the requirements of the latest edition of the Los Angeles County Hydrology Manual. If a drainage report is not applicable, a drainage memo shall be supplied to the City for review to show there are no impacts to the drainage systems.

24. The plans shall be checked and stamped for approval by the city engineering Division before building permits area issued. Project must comply with all Public Works requirements. All Public Works notes and corrections must be printed on the plan, and all requirements must be completed per the approved plans prior to the issuance of a building final.

25. A City public works permit shall be taken out for all work in public right-of-way before starting work. All work shall be done in accordance with APWA Standards and to the satisfaction of the City Engineer and must be completed before issuance of Certificate of Occupancy. Utility trenches in the street rightof-way shall have pavement restoration per City Engineer.

26. A bond or surety device shall be posted with the City in an amount and type sufficient to cover the amount of off-site and on-site work to be done, as approved by the City Engineer.

27. Pad certification by the Design Civil Engineer and Soil Engineer is required prior to the commencement of structural construction.

28. The final compaction report prepared by a qualified Soil Engineer shall be submitted to the City Engineer for review and approval before the commencement of structural construction.

29. The Applicant shall submit a Geotechnical Report for review.

30. All driveways, sidewalk and ADA Ramp shall meet current ADA requirements.

Improvements to be done per City Standards.

31. All existing off-site public improvements (sidewalk, curb & gutter, driveways, and street paving) at the development site, or adjacent to, which are in a damaged condition or demolished due to the proposed work shall be reconstructed to the satisfaction of the City Engineer and per City Standards.

32. Subdivision Improvement Agreement must be executed prior to approval of grading and building permits.

RESOLUTION NO. 029-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN

GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
OVERTURNING THE PLANNING COMMISSION’S DECISION AND DENYING A MINOR USE PERMIT (PLNG2024-0011 MUP) FOR A PROPOSED BOAT SALES BUSINESS LOCATED AT 12347 E. CARSON STREET (“PROPERTY”) IN THE CITY OF HAWAIIAN GARDENS (APN: 7066-017-127) AND

DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, Surf City Boats, Inc., (“Applicant”) filed an application for a Minor Use Permit (“MUP”) for a boat sales business at the Property (“Project”); and WHEREAS, the Property is located within the C-4 (General Commercial) zoning district and is designated as General Commercial on the City of Hawaiian Gardens General Plan Land Use Map; and
WHEREAS, a Minor Use Permit (“MUP”) is required for a boat sales business; and WHEREAS, a proposed site plan was submitted in conjunction with the Minor Use Permit (“MUP”) application for the Project. The boat sales proposal includes use of the existing Mobile Home as a proposed office, and parking lot, equipment area, landscaping, fencing, and lighting improvements; and
WHEREAS, the Community Development Director issued a denial letter for the proposed Minor Use Permit (PLNG2024-0011 MUP) on December 12, 2024 based on the fact that the City is unable to make the findings required by the Hawaiian Gardens Municipal Code (“HGMC”); and
WHEREAS, the Applicant appealed the Director’s decision on December 20, 2024 to the Planning Commission of the City of Hawaiian Gardens (“Planning Commission”); and
WHEREAS, on January 17, 2025, a Public Notice was published in the Los Cerritos Community News; and notices were placed at the City Hall, Lee Ware Park, and Lakewood Mobile Home Park; and notices were mailed to property owners within 300 feet of the subject property specifying the date, time and location of the public hearing before the Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 29, 2025, and fully considered all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, and directed Staff to prepare a Resolution for Planning Commission Approval as a Consent Agenda item; and WHEREAS, the Planning Commission determined that Case Number PLNG2024- 0011 does satisfy the criteria of Section 18.100.050 (E) of the City of Hawaiian Gardens Municipal Code for an MUP in that:

Exhibit I

1. The proposed use is consistent with the General Plan;

2. The proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. The proposed use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of this Zoning Code;

4. The proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare; and WHEREAS, the proposed MUP was deemed categorically exempt from review under the California Environmental Quality Act (CEQA). Specifically, denial of the MUP application is exempt from environmental review pursuant to Public Resources Code §21080(b)(5) and CEQA Regulation, §15270 (a), which posit that CEQA does not apply to projects which a public agency rejects or disapproves. The MUP is therefore categorically exempt from further CEQA review under CEQA Regulations §§15301, 15303(c) &(e), 15304(b), 15311(a) &(b), and 15332; and
WHEREAS, the Planning Commission at its Regular Meeting on March 5, 2025, adopted Planning Commission Resolution No. 2025-01 approving PLNG2024-0011 MUP subject to compliance with certain Conditions of Approval; and WHEREAS, pursuant to the authority granted in HGMC Section 18.100.170(D), any member of the City Council is authorized to call up for review any decision made by the Director or Planning Commission; and
WHEREAS, on March 10, 2025, City Council Member Farfan requested review of the Planning Commission’s decision adopting Resolution No. 2025-01, approving PLNG2024-0011 MUP, authorizing the operation of a Boat Sales business; and WHEREAS, the City Council held a duly noticed public hearing on October 22, 2025, and fully considered all oral and written testimony, facts, and opinions offered at the public hearing; and
WHEREAS, all other prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hawaiian Gardens as follows:

SECTION 1. RECITALS
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. MINOR USE PERMIT (PLNG2024-0011) Decision & Findings Having considered all of the oral and written evidence presented to it at said public hearing regarding the proposed Boat Sales business, the City Council hereby overturns the Planning Commission’s decision adopting Resolution No. 2025-02 and denies PLNG2024-0011MUP. The City Council’s decision is based on the following:

1. The proposed business operation for boat sales is not compatible with the stated purposes Hawaiian Gardens General Plan.

The Hawaiian Gardens General Plan-Land Use Element describes the policies and goals applicable to the City’s commercial designations. Applicable Goals and Policies provide:

Goal LU-4: Provide commercial retail opportunities that serve residents and visitors.

Policies:

LU-4.4 Encourage the development of high-quality of high-quality commercial projects.

LU-4.5 Ensure that applicable land use regulations allow for commercial uses that serve a broad market area, including visitor-serving uses.

LU-4.7 Provide neighborhood commercial uses throughout the community to make goods and services available within walking distance of residents. • Typically, office/professional and retail businesses have regular hours of operation as well as employees onsite. The proposed business does not have a regular schedule and is by appointment only and there are no employees onsite. • The proposed use does not support the residential area by providing shops for goods and services. No goods or services will be provided for the nearby residential area.
• The use is different from auto sales in that boats are stored and trailered to the water, thereby making the use more similar to “storage” than a showroom which is typical for auto sales.

2. That the proposed use is contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations.

HGMC Section 18.60.020(A) states in part, that
“The purpose of the general commercial (C-4) zone is to designate areas for office/professional and retail businesses in the City that support residential area and provide jobs for area residents. These areas are intended to accommodate a variety of shops for goods and services to serve the needs of the surrounding community. The C4 zone is consistent with the general commercial designation of the General Plan.” The proposed use will not serve the needs of the surrounding community. The proposed boat sale use appears to serve the needs of waterfront communities as the intended purpose of the site is to bring customers from there to this site, for the purpose of viewing boat inventory. Further, use of the sales trailer with another office use and shared storage area with unrelated contractor equipment, is inconsistent with the use of the site as a boat sales facility.

3. That the proposed use will be located, operated, and maintained in a manner not consistent with the policies of the General Plan and the provisions of this Zoning Code.

4. That the proposed use will be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.

As noted, the purpose of the C-4 Zone designation is to designate areas for office/professional and retail businesses in the City that support residential area and provide jobs for area residents. The proposed use will not serve the surrounding residential area. Further, the existing improvements on the site are inconsistent with the use of the site as a boat sales facility given that a portion of the site will be occupied by at least one other use that proposes to use the site as an office with storage of construction equipment. Such use is incompatible with a boat sales display area and customer office location.

SECTION 6.

The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED by the Hawaiian Gardens City Council on this 22nd day of October 2025.
__________________________
Dandy de Paula
Mayor

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B2
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Dennis Tarango, Building Official
RECOMMENDATIONS:

It is recommended that the City Council:

1. Conduct the first reading and introduce Ordinance No. 2025-621, amending Title 15 of the Hawaiian Gardens Municipal Code and adopting by reference the 2025 editions of the California Building, Electrical, Mechanical, Plumbing, and Residential Codes, with local amendments based on climatic, geological, and topographic conditions.

2. Schedule a Public Hearing and the second reading of the Ordinance No. 2025-621 on November 12, 2025.

SUMMARY
Every three years, the California Building Standards Commission updates the California Building Standards Codes (Title 24, California Code of Regulations). The 2025 edition was published on July 1, 2025, and becomes effective statewide on January 1, 2026.

The City of Hawaiian Gardens, as a local jurisdiction, is required to adopt these codes by reference, with any desired local amendments based on specific local conditions, before they take effect. The proposed ordinance repeals and replaces existing Title 15 chapters to adopt the latest codes with administrative and safety-related amendments.

DISCUSSION
The State of California adopts and publishes State Building Codes and mandates they 2025 Building Codes
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become effective throughout the State 180 days after publication. The 2025 codes will become effective on January 1, 2026.

State law, however, also permits local jurisdictions to make modifications, referred to as “local amendments,” that may be more, but in no event less, restrictive than those requirements adopted by the State. Pursuant to California Health and Safety Code sections 17958.5 and 17958.7, cities may adopt local amendments to the California Building Standards Code which are either administrative or required by the city’s unique geological, climatic, and/or topographical conditions.

The City is proposing minor amendments to the California Codes, most of all of which are administrative in nature and Title 15 Chapters 15.04 through 15.014 is organized as the following:
• Administration of Building Codes (15.04)
• Building Code (15.06)
• Electrical Code (15.08)
• Mechanical Code (15.10)
• Plumbing Code (15.12)
• Residential Code (15.14)
Administration of Building Codes: Establishes uniform permitting, fee, expiration, refund, and enforcement provisions consistent with current practices.

Local Amendments: Reflect regional seismic hazards and clarify design professional requirements for multi-story wood-frame structures in Seismic Design Categories D0–E.

Uniform Enforcement: Aligns penalty, severability, and conflict clauses across all technical codes for consistency and clarity.

No Entitlement Creation: Clarifies that adoption of technical codes does not override zoning or land use restrictions in the Municipal Code.

California Codes can be viewed online at https://www.dgs.ca.gov/BSC/Codes

ENVIRONMENTAL DOCUMENTATION
Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed Ordinance does not have such potential, and therefore is not a project subject to CEQA. 2025 Building Codes
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FISCAL IMPACT
The fiscal impact to the City will be the cost to acquire two (2) sets of code books. One set is for the City Clerk and one set is for the Building Department. The estimated cost is $3,000. As required by Government Code Section 50022.6, at least one copy of each model Code to be adopted and/or amended must be on file with the City Clerk and/or Building Department at least 15 days before the date of the hearing at which the Ordinance is to be considered for adoption.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Ordinance No: 2025-621
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ORDINANCE NO. 2025-621

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN

GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING TITLE 15 OF THE HAWAIIAN GARDENS MUNICIPAL CODE BY REPEALING TITLE 15 CHAPTERS 15.04, 15.06, 15.08, 15.10, 15.12, 15.14 AND ADDING IN LIEU THEREOF NEW CHAPTERS 15.04, 15.06, 15.08, 15.10

15.12, 15.14 TO TITLE 15 OF THE HAWAIIAN GARDENS MUNICIPAL CODE, ADOPTING BY REFERENCE AND AMENDING THE 2025 CALIFORNIA

BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, AND RESIDENTIAL CODES.

WHEREAS, the 2025 California Building Standards Codes (California Code of Regulations, Title 24) has been published on July 1st 2025 by the California Building Standards Commission and will become effective on January 1st, 2026; and WHEREAS, the City of Hawaiian Gardens is permitted by California Health and Safety Code sections 17958.5 and 17958.7 to amend the California Code of Regulations Title 24 by adoption and amendment only prior to January 1, 2026 based on express findings because of local climatic, geologic, and/or topographic conditions; and
WHEREAS, the City of Hawaiian Gardens finds that the amendments to the California Building, Residential, Electrical, Mechanical, and Plumbing, are necessary and appropriate for the City of Hawaiian Gardens because of local climatic, geologic, and/or topographic conditions; and
WHEREAS, the City of Hawaiian Gardens finds that further administrative amendments are necessary to the 2025 California Building, Residential, Electrical, Mechanical, and Plumbing Codes; and
WHEREAS, The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and are incorporated by reference herein
WHEREAS, in accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code which amends the Hawaiian Gardens Municipal Code are exempt from the provisions of the California Environmental Quality Act.

SECTION 1. FINDINGS. The City Council finds that certain local climatic, geologic, and/or topographical conditions exist as follows:

City of Hawaiian Gardens is prone to seismic activity due to the existence of active faults in the Southern California area. After the 1994 Northridge Earthquake, the Wood Frame 65320.00001\40834514.2
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Construction Joint Task Force recommended that the quality of wood frame construction needed to be greatly improved. The Task Force recommended that structural plans be prepared by the engineer or architect. For buildings or structures located in Seismic Design Category D0, D1, D2, or E that are subject to a greater level of seismic forces, the requirement to have a California licensed architect or engineer prepare the construction documents is intended to minimize or reduce structural deficiencies that may cause excessive damage or injuries in wood frame buildings.

After due consideration, the City Council finds and determines that local climatic, geologic, and topographic conditions make modifications and changes to the 2025 Edition of the California Building Code reasonably necessary to provide sufficient and effective protection of life, health, and property. A summary of the applicable findings as they relate to each local amendment is attached hereto as Exhibit “A”.

SECTION 2. Amendment of Chapter 15.04 – Chapter 15.04 is amended in its entirety to read as follows:

Chapter 15.04 - ADMINISTRATION OF BUILDING CODES

15.04.010 Purpose.

The purpose of this section is to establish certain administrative procedures for the enforcement of building standards specific to the City. All other administrative provisions not addressed herein shall be governed by Chapter 1, Division II of the California Building Code, as incorporated by reference.

15.04.020 Permit required.

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, or equip any building, structure, or portion thereof, perform any grading, or cause the same to be done, without first obtaining a separate permit for each such building, structure or grading from the Building Official.

The issuance of a permit without first requiring a plan review shall not prevent the Building Official from requesting plans deemed necessary to verify that the work performed under said permit complies with this Code and all relevant laws, ordinances, rules and regulations.

No person shall install, alter, repair, move, improve, remove, connect any automatic fire-protection system regulated by this Code, or cause the same to be done, without first obtaining a separate permit for each such building or structure from the Building Official. All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the permit requirements of this section.

15.04.030 Work exempt from permit. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner 65320.00001\40834514.2
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in violation of the provisions of this Code, other laws, ordinances, or regulations, or required approvals from other City Departments and State and federal agencies.

A. Building: A building permit shall not be required for the following:

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the below-exempted items.

1. Work not regulated by the Building Code, except where deemed necessary by the Building Official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies.

2. Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply.

3. Repairing broken window glass not required by the Building Code to be safety or security glazing.

4. One-story detached accessory buildings used as tool and storage sheds, shade structures, pump houses, and similar uses, provided the gross floor area does not exceed 120 square feet (11.15 m 2), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm).

5. Chain-link, wrought-iron and similar fences not more than 12 feet in height.

6. Masonry, concrete, wood and similar fences not more than 6 feet in height.
a. Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind.

7. Retaining walls that retain not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids.

8. Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position.

9. Light standards which do not exceed 30 feet (9,144 mm) in height.

10.Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high.

11.Tanks not storing hazardous material as defined in the Fire Code provided that:
a. Steel tanks are supported on a foundation not more than 2 feet (610 mm) above grade and the overall height to diameter or width does not exceed 1½ times the diameter.
b. Water tanks constructed of materials other than steel, including cisterns and rain barrels, are supported directly on grade, the overall height to diameter or width does not exceed 1½ times the diameter, and the capacity does not exceed 5000 gallons (18925 L). 65320.00001\40834514.2
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12.Gantry cranes and similar equipment.

13.Motion picture, television and theater stage sets and scenery.

Buildings or structures constructed as part of a set or as scenery shall not be occupied or used for any other purpose.

14.A playhouse or tree house provided that:
a. It does not exceed 64 square feet (5.94 m 2) in area nor 8 feet (2438 mm) in height from floor to roof.
b. The ceiling height as established by door height or plate line does not exceed 6 feet (1829 mm).

15.Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy, and extending not more than 54 inches (1372 mm) from the exterior wall of the building, and not encroaching into the public right-of-way or any required fire separation distance specified by this Code.

16.Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m²) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.

17.Oil derricks.

18.Decks, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route.

19.Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches (0.46 m) deep, or do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade.

20.Playground equipment.

21.One-story detached animal cages and kennels, chicken coops, and animal pens provided the gross floor area does not exceed 300 square feet (37.2 m 2 ) and the height does not exceed 6 feet (1.8 m) and at least one horizontal dimension does not exceed 12 feet (3.69 m).

22.Non-combustible livestock shelters provided that the gross floor area does not exceed 300 square feet (27.9 m 2 ), the height does not exceed 12 feet (3.69 m), and at least 3 sides are each a minimum of 65 percent open.

23.Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

B. Electrical. An electrical permit shall not be required for the following:

1. Minor repair work, such as the replacement of lamps, switches, receptacle devices, sockets, and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed.

2. The wiring for temporary theater, motion picture or television stage sets. 65320.00001\40834514.2
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3. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

4. Low-energy power, control, and signal circuits are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes.

5. Temporary decorative lighting.

6. The installation of temporary wiring for testing or experimental purposes within suitable facilities.

7. Replacement of over-current devices of the same type and the same rating.

8. Portable generators, portable motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug.

9. Private telephone, intercom, sound and communication systems; provided, however, that the above system(s) do not exceed the value as indicated in (c) and (d) of this section. A permit shall be obtained for the power supplies required by the above systems.

C. Mechanical: A mechanical permit shall not be required for the following:

1. Any portable heating appliance.

2. Any portable ventilating equipment.

3. Any portable cooling unit.

4. Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code.

5. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code.

6. Any portable evaporative cooler.

7. Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this Code.

8. Any unit refrigerating system.

D. Plumbing. A Plumbing permit shall not be required for the following:

1. Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping.

2. Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks.

3. Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit. 65320.00001\40834514.2
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15.04.040 Expiration and Extension of Applications
A. Expiration of Applications. A plan check application shall expire and become null and void if a permit is not issued within one (1) year from the date of application.

Upon expiration, the Building Official may dispose of the submitted plans, calculations, and related documents. The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, provided that:

1. The applicant submits a written request demonstrating that the delay was due to circumstances beyond the applicant’s control.

2. For extensions requested prior to expiration, the request is submitted before the expiration date.

3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration.

4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original plan check fee, is paid for each extension; and

5. The total cumulative extension period shall not exceed two (2) years from the original expiration date, with extensions issued only in increments not exceeding one hundred eighty (180) days, and a separate extension fee required for each extension granted.

6. Any extension granted after expiration shall be deemed a continuation of the original application and shall not constitute a reissuance or a new application.

7. Once an application, including any extension thereof, has expired without further extension, the applicant shall file a new application, submit new plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect.

B. Expiration of Permits. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if any of the following conditions occur:

1. The work authorized by such permit is not commenced within one (1) year from the date of permit issuance; or

2. No required building inspection, as defined in this Code and as identified on the Job Record issued with the permit, is approved by the Building Official within one (1) year from the date of the last approved inspection.

3. Partial inspections, or inspections related solely to electrical, mechanical, plumbing, grading, or reroofing, shall not constitute a required building inspection unless such work is integral to the primary building permit.

4. Supplemental permits for electrical, grading, mechanical, plumbing, or reroofing shall remain valid so long as the associated primary building permit remains active.

5. The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, to prevent or cure the expiration of a permit, provided that:
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a. The permittee submits a written request demonstrating that the delay in progress was due to circumstances beyond the permittee’s control; b. For extensions requested prior to expiration, the request is submitted before the expiration date;
c. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration; and d. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original permit fee, is paid for each extension.

6. Multiple extensions may be granted to cover the requested period of time; however, each extension shall be issued in increments not exceeding one hundred eighty (180) days, and a separate extension fee shall apply to each extension granted.

7. Any extension granted after expiration shall be deemed a continuation of the original permit and shall not constitute a reissuance or issuance of a new permit.

8. If no extension is granted, the permit shall remain expired and no further work shall be performed under that permit. The permittee shall be required to submit a new permit application, including all required plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect.

15.04.50 Fees and Refunds.

A. Fees. Notwithstanding the provisions of Chapters 15.06, 15.08, 15.10, 15.12, and 15.14, fees for plan checks, inspections and other miscellaneous services shall be based on the most current fees set forth by Los Angeles County, Building, Electrical, Mechanical and Plumbing Codes Fee Schedule and shall be increased by thirty (30) percent.

B. Permit Fees. Permit fees shall be as specified per section 15.04.050 (A) of this code. Permit fees shall be paid at the time of permit issuance.

An inspection fee may be assessed for reinspection, as determined by the Building Official, for any of the following reasons:

1. The portion of work for which inspection is requested is not complete;

2. Corrections given are not completed;

3. There is inadequate work site access preventing inspection;

4. The inspection record card is not posted or otherwise available on the work site:

5. The approved plans are not available for the inspector;

6. Work has deviated from the approved plans and has not been approved by the Building Official.

This Section is not to be interpreted as requiring additional inspection fees the first time a job is rejected for failure to comply with the requirements of this Code.

To obtain re-inspection, the applicant shall pay the re-inspection fee in advance. as determined per the fee resolution.
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C. Plan Checking or Plan Review fees for Buildings or Structures. When an application for a building permit is submitted for review, a fee shall be paid to the Building Official. Said fee shall be equal to 85 percent of the building permit fee as specified per section 15.04.050 (A) of this code. In addition to the aforementioned fees, the Building Official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors on the part of the applicant. The payment of said fees shall not exempt any person from compliance with other provisions of this Code. The fees specified in this Section are separate fees from the permit fees specified in Section 15.04.050 (B)
D. Plan Check Fee Refunds. Plan check fees may be refunded up to a maximum of eighty percent (80%) of the original plan check fee, provided that:

1. No plan review has been performed;

2. A written request for a refund is submitted to the Building Official within one (1) year from the date of payment;

3. The refundable amount exceeds the equivalent of the minimum fee for the review of drawings and data which are sufficient to determine nature and scope of work in lieu of submittal of plans and specifications, as determined by the current adopted fee schedule.

4. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions.

E. Permit Fee Refunds. Permit fees may be refunded to a maximum of eighty percent (80%) of the original permit fee, provided that:

1. No portion of the work authorized by the permit has commenced; and

2. The permit has been cancelled; and

3. A written request for refund is submitted to the Building Official within one (1) year from the date of permit cancellation or expiration; and

4. The refundable amount exceeds the equivalent of the minimum fee for the review of drawings and data which are sufficient to determine nature and scope of work in lieu of submitting plans and specifications, as determined by the current adopted fee schedule.

5. Permit issuance fees are non-refundable. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions.

15.04.060 Valuation.

The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. Valuation shall be based on the type of construction, occupancy classification, and size of the project, and shall include all components of the permitted work, including structural elements, finishes, roofing, mechanical, electrical, plumbing, fire protection systems, and other permanently installed features or equipment.
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In establishing valuation, the Building Official may reference the most current Building Valuation Data (BVD) published by the International Code Council or other similar industry data sources. These references are intended to provide a consistent and uniform basis for determining construction valuation for fee assessment purposes. The calculated valuation is not required to reflect actual or reported construction costs.

15.04.070 Certificates.

A. Certificate of Occupancy. Upon passing final inspection and demonstrating compliance with this Code, applicable laws, ordinances, rules, and regulations, and upon full payment of all required fees, the Building Official may issue a Certificate of Occupancy upon written request by the permit holder.

A Certificate of Occupancy shall include the following information:
a. The building permit number;
b. The address of the building or structure;
c. A description of the portion of the building covered by the certificate; d. A statement that the described portion was inspected and found to comply with applicable codes and regulations for the intended occupancy and use classification;
e. The date of final approval; and
f. Any additional information deemed necessary by the Building Official.

B. Temporary Certificate of Occupancy. The Building Official may issue a Temporary Certificate of Occupancy for the use or occupancy of any portion of a building or structure prior to the completion of all permitted work, provided it is determined that no substantial hazard will result from such use or occupancy.

1. A Temporary Certificate of Occupancy shall:
a. Specify the portion of the building or premises to be occupied; b. Be valid for an initial period of thirty (30) calendar days; and c. Be subject to a fee per 30-day period, as established by the adopted fee schedule.

2. If additional time is needed, the Building Official may, upon written request and justification, approve a longer duration by allowing multiple 30-day periods to be purchased in advance. The total authorized time shall be based on project-specific conditions and shall remain at the discretion of the Building Official.

3.Upon expiration of a Temporary Certificate of Occupancy and any approved extensions, no portion of the building or premises shall be occupied until final approval, or a Certificate of Occupancy is issued.

15.04.080 Recordation Of Violation.

1. General. The Building Official may record a notice with the County Recorder’s Office that a property, building, or structure, or any part thereof, is in violation of any provision of this Code provided that the provisions of this Section are complied with.

The remedy provided by this Section is cumulative to any other enforcement actions permitted by this Code.
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2. Recordation. If (1) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Code; and if (2) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code.

Following the recordation of the notice of violation the Building Official is not required to conduct an inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other similarly interested private party to comply with the above provisions.

3. Notice. The written notice given pursuant to this Section shall indicate:
a) The nature of the violation(s); and
b) That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.

4. Rescission. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the Building Official determines that the work covered by such permit(s) has been satisfactorily completed, the Building Official may record a notice rescinding the prior notice of violation.

5. Costs. Any person that violates any provision of this Code shall be responsible for the costs of any and all Code enforcement actions taken by the Building Official in response to such violations. These costs shall be based as specified per section

15.04.050 of this code.

6. Work without Permit. Whenever any work has been commenced without a permit as required by the provisions of this Code, a special investigation shall be made prior to the issuance of the permit. An investigation fee specified in section

15.04.050 of this code, shall be collected for each permit so investigated.

Exception: When the building official has determined that the owner-builder of a one- or two-family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building Division of the City, the investigation fee shall be as specified in section 15.04.050 of this code. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law.
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7. Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the building official shall have the authority to collect a noncompliance fee.

The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order.

SECTION 3. Amendment to Chapter 15.06 Chapter 15.06 of the Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15.06 - BUILDING CODE

15.06.010 Title.

The ordinance codified in this chapter shall be known as the "Building Code of the City of Hawaiian Gardens" and may be cited as the "Building Code."

15.06.020 Adoption of 2025 California Building Code.

A. Chapter 1, Division II through Chapter 35 and Appendices C, F, H, I, J, O, P and Q of 2025 California Building Code, Title 24 Part 2 of California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein, except as revised by Section 15.06.030
B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter.

C. The administration of the Building Code shall be as set forth in Chapter 15.04 of this Code.

15.06.030 California Building Code Amendments.

A. Section 101.1 Title amended in its entirety to read:
101.1 Title. These regulations shall be known as the Building Code of City of Hawaiian Gardens, hereinafter referred as “this code”.

B. The following sections of Chapter 1 Division II are deleted. 65320.00001\40834514.2
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104.7, 105.2, 105.3.2, 105.5, 107.5, 109.3, 111.1, 111.2, 111.3

15.06.040 Reserved

15.06.050 Penalty
Every person violating any provision of this Code as adopted by reference by Section

15.06.020 or of any permit or license granted hereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction, thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. In addition, all enforcement provisions of Chapters 1.12 and 1.13 of this Code that do not conflict herewith shall be applicable.

15.06.060 - Conflict.

Whenever an apparent conflict or inconsistency exists between any provision of this Code as adopted in Section 15.06.020 and any provision of the Hawaiian Gardens Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Hawaiian Gardens Municipal Code shall prevail.

15.06.070 - No entitlements created hereby.

The adoption hereby of this Code, as set forth in Section 15.06.020 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Hawaiian Gardens Municipal Code.

15.06.080 - Severability.

The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this chapter, or of the Codes adopted by reference in Section

15.06.020, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter and the adopted Codes shall remain in full force and effect.

SECTION 4. Amendment to Chapter 15.08 Chapter 15.08 of the Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15.08 - ELECTRICAL CODE

15.08.010 Title.

The ordinance codified in this chapter shall be known as the "Electrical Code of the City of Hawaiian Gardens" and may be cited as the "Electrical Code."

15.08.020 Adoption of 2025 California Electrical Code.
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A. Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, I, and J of the 2025 California Electrical Code, Title 24 Part 3 of California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter.

C. The administration of the Electrical Code shall be as set forth in Chapter 15.04 of this Code.

15.08.030 Reserved

15.08.040 Penalty
Every person violating any provision of this Code as adopted by reference by Section

15.08.020 or of any permit or license granted hereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction, thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. In addition, all enforcement provisions of Chapters 1.12 and 1.13 of this Code that do not conflict herewith shall be applicable.

15.08.050 - Conflict.

Whenever an apparent conflict or inconsistency exists between any provision of this Code as adopted in Section 15.08.020 and any provision of the Hawaiian Gardens Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Hawaiian Gardens Municipal Code shall prevail.

15.08.060 - No entitlements created hereby.

The adoption hereby of this Code, as set forth in Section 15.08.020 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Hawaiian Gardens Municipal Code.

15.08.070 - Severability.

The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this chapter, or of the Codes adopted by reference in Section 65320.00001\40834514.2
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15.08.020, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter and the adopted Codes shall remain in full force and effect.

SECTION 5. Amendment to Chapter 15.10 Chapter 15.10 of the Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15.10 - MECHANICAL CODE

15.10.010 Title.

The ordinance codified in this chapter shall be known as the "Mechanical Code of the City of Hawaiian Gardens" and may be cited as the "Mechanical Code."

15.10.020 Adoption of 2025 California Mechanical Code.

A. Chapter 1, Division II through Chapter 17 and Appendices B, C, and D of the 2025 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

C. The administration of the Mechanical Code shall be as set forth in Chapter 15.04 of this Code.

15.10.030 Reserved

15.10.040 Penalty
Every person violating any provision of this Code as adopted by reference by Section

15.10.020 or of any permit or license granted hereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction, thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. In addition, all enforcement provisions of Chapters 1.12 and 1.13 of this Code that do not conflict herewith shall be applicable.
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15.10.050 - Conflict.

Whenever an apparent conflict or inconsistency exists between any provision of this Code as adopted in Section 15.10.020 and any provision of the Hawaiian Gardens Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Hawaiian Gardens Municipal Code shall prevail.

15.10.060 - No entitlements created hereby.

The adoption hereby of this Code, as set forth in Section 15.10.020 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Hawaiian Gardens Municipal Code.

15.10.070 - Severability.

The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this chapter, or of the Codes adopted by reference in Section

15.10.020, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter and the adopted Codes shall remain in full force and effect.

SECTION 6. Amendment to Chapter 15.12 Chapter 15.12 of the Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15.12 - PLUMBING CODE

15.12.010 Title.

The ordinance codified in this chapter shall be known as the "Plumbing Code of the City of Hawaiian Gardens" and may be cited as the "Plumbing Code."

15.12.020 Adoption of 2025 California Plumbing Code.

A. Chapter 1, Division II through Chapter 17 and Appendices A, B, D, H, I, and J of the 2025 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

Page 16 ends

C. The administration of the Plumbing Code shall be as set forth in Chapter 15.04 of this Code.

15.12.030 Reserved

15.12.040 Penalty
Every person violating any provision of this Code as adopted by reference by Section

15.12.020 or of any permit or license granted hereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction, thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. In addition, all enforcement provisions of Chapters 1.12 and 1.13 of this Code that do not conflict herewith shall be applicable.

15.12.050 - Conflict.

Whenever an apparent conflict or inconsistency exists between any provision of this Code as adopted in Section 15.12.020 and any provision of the Hawaiian Gardens Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Hawaiian Gardens Municipal Code shall prevail.

15.12.060 - No entitlements created hereby.

The adoption hereby of this Code, as set forth in Section 15.12.020 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Hawaiian Gardens Municipal Code.

15.12.070 - Severability.

The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this chapter, or of the Codes adopted by reference in Section

15.12.020, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter and the adopted Codes shall remain in full force and effect.

SECTION 7. Amendment to Chapter 15.14 Chapter 15.14 of the Municipal Code is hereby amended in its entirety to read as follows:

Chapter 15.14 - RESIDENTIAL CODE

15.14.010 Title.
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The ordinance codified in this chapter shall be known as the "Residential Code of the City of Hawaiian Gardens" and may be cited as the "Residential Code."

15.14.020 Adoption of 2025 California Residential Code.

A. Chapter 1, Division II through Chapter 10, Chapter 44 and Appendices AH, AJ, AQ, and AS of the 2025 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein, except as revised by Section 15.14.030 .

C. The administration of the Residential Code shall be as set forth in Chapter 15.04 of this Code.

15.14.030 Residential Code Amended
Section R301.1.3.2 is amended in its entirety to read:

R301.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C.

Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a licensed California architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.

15.14.040 Penalty
Every person violating any provision of this Code as adopted by reference by Section

15.14.020 or of any permit or license granted hereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction, thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. In addition, all enforcement 65320.00001\40834514.2
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provisions of Chapters 1.12 and 1.13 of this Code that do not conflict herewith shall be applicable.

15.14.050 - Conflict.

Whenever an apparent conflict or inconsistency exists between any provision of this Code as adopted in Section 15.14.020 and any provision of the Hawaiian Gardens Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Hawaiian Gardens Municipal Code shall prevail.

15.14.060 - No entitlements created hereby.

The adoption hereby of this Code, as set forth in Section 15.14.020 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Hawaiian Gardens Municipal Code.

15.14.070 - Severability.

The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this chapter, or of the Codes adopted by reference in Section

15.14.020, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter and the adopted Codes shall remain in full force and effect.

SECTION 8. The Mayor or presiding officer of the City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council.

SECTION 9. This Ordinance is not a project within the meaning of CEQA Guidelines section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 10. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk and shall cause the 65320.00001\40834514.2
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same to be filed with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.

SECTION 11. This Ordinance shall go into effect and be in full force and operation on January 1, 2026.

SECTION 12. If any chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

PASSED AND ADOPTED at a regular meeting of the City Council on the 22nd day of October, 2025.
______________________________
Dandy De Paula, Mayor
ATTEST:
_______________________________
Pablo Rubio, City Clerk
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EXHIBIT “A”
After due consideration, the City Council finds and determines that these local climatic, geological, and topographical conditions make modifications and changes to the California Building Standards Code reasonably necessary to provide sufficient and effective protection of life, health, and property. The California Building Standards Code is therefore modified, amended, added to, and changed based on the following findings and as further set forth below:

Residential Code
Residential Code Amendments
CODE

SECTION

CONDITION EXPLANATION
R301.1.3.2 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern California area. After the 1994 Northridge Earthquake, the Wood
Frame Construction Joint Task Force recommended
that the quality of woodframe construction needed to be greatly improved. The Task Force recommended that
structural plans be prepared by the engineer or
architect so that plan examiners, building inspectors,
contractors, and special inspectors may logically follow and construct the seismic force-resisting systems as
presented in the construction documents. For buildings
or structures located in Seismic Design Category D0,
D1, D2, or E that are subject to a greater level of
seismic forces, the requirement to have a California
licensed architect or engineer prepare the construction documents is intended to minimize or reduce structural
deficiencies that may cause excessive damage or
injuries in woodframe buildings. Involvement of a
registered professional will minimize the occurrence of structural deficiencies such as plan and vertical
irregularities, improper shear transfer of the seismic
force-resisting system, missed details or connections
important to the structural system, and the improper
application of the prescriptive requirements of the
California Residential Code.

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B3
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Eliana Arteaga, Code Enforcement Officer
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT

DEPARTMENT, CODE ENFORCEMENT DIVISION REPORT FOR THE MONTH OF SEPTEMBER 2025

SUMMARY
The Code Enforcement Division, as part of the Community Development Department, is responsible for enhancing the quality of life for the residents of the City by providing effective public service in the enforcement of Building, Business License, Public Nuisance, and Zoning Ordinances. The Code Enforcement Officer is responsible for enforcing codes which address public health and safety issues, including regulations related to trash, debris, overgrown vegetation, dangerous buildings and housing, and inoperative vehicles on private property. Enforcement actions are taken both proactively and in response to requests for action received from citizens. Attached is a summary of code cases that opened during the month of September 2025.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT
A. List of Code cases – September 2025
City of Hawaiian Gardens 10/7/2025
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Code Enforcement Cases By Type and Officer
For the Period 9/1/2025 thru 9/30/2025
Owner
Resident
Case No. Opened Type SubType
Closed Status Assigned To
CE2025-0447 9/2/2025 GRAFFITI
Case Name Graffiti on Canopy & fence mesh
Description

CONSOLIDATED COLOR CORP

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12316 CARSON ST Parcel No. 7076001029
09/09/2025
CE2025-0448 9/3/2025 GRAFFITI
Case Name Graffiti
Description

YONG HWA KWON

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 21925 BELSHIRE AVE Parcel No. 7076038062
09/03/2025
CE2025-0450 9/3/2025 LANDSCAPING
Case Name Front lawn plant encroaching on sidewalk
Description

CAMPOS,DEENA S

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12501 221ST ST Parcel No. 7076006023
09/17/2025
CE2025-0451 9/3/2025 LANDSCAPING
Case Name Palm tree leaning over, weeds
Description

IRVING I MOSKOWITZ FOUNDATION

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 21900 NORWALK BLVD Parcel No. 7076038060
09/15/2025
CE2025-0452 9/4/2025 LANDSCAPING
Case Name Palm Tree Debris
Description

ALFORD,ROGER AND ANN TRS ET AL

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12146 CARSON ST Parcel No. 7068008038
09/17/2025
CE2025-0453 9/5/2025 LANDSCAPING
Case Name Overgrown Vegetaion / Sidewalk Encroachment
Description

SANDOVAL,RUDY

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 22121 SEINE AVE Parcel No. 7069005021
09/17/2025
CE2025-0454 9/9/2025 GRAFFITI
Case Name Graffitii on fascia boards
Description

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12146 216TH ST Parcel No. 7065016021
09/30/2025
CODE40
City of Hawaiian Gardens 10/7/2025
10:33:27AM

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Code Enforcement Cases By Type and Officer
For the Period 9/1/2025 thru 9/30/2025
Owner
Resident
Case No. Opened Type SubType
Closed Status Assigned To
CE2025-0455 9/9/2025 RESIDENTIAL MAINT
Case Name Ilegal Dumping
Description

TREJO,ISIDRO

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 21828 BELSHIRE AVE 0001 Parcel No. 7076002033 09/09/2025
CE2025-0456 9/9/2025 GRAFFITI
Case Name Graffiti
Description

GERSHMAN PROPERTIES LLC

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12125 CARSON ST Parcel No. 7065015050
09/22/2025
CE2025-0457 9/10/2025 RESIDENTIAL MAINT
Case Name Excessive Storage/ Trash Bags Out
Description

MOHAMED,SELEM AND

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 22112 VIOLETA AVE A & B Parcel No. 7069005004 CE2025-0458 9/10/2025 RESIDENTIAL MAINT
Case Name Shed built on driveway
Description

HALDEMAN,JULIA G

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 22318 SEINE AVE Parcel No. 7069026049
CE2025-0459 9/11/2025 SUBSTANDARD PROPERTY
Case Name Exterior/ Side facade broken
Description

GURULE,JOSIE P

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 22407 IBEX AVE Parcel No. 7069020037
CE2025-0460 9/15/2025 COMMERCIAL MAINT
Case Name Commercial Maintenance
Description

CAREY,DALE G TR

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 11809 CARSON ST Parcel No. 7065006036
CE2025-0461 9/17/2025 COMMERCIAL MAINT
Case Name Mice Problem in Storage Units
Description

NSA C HOLDINGS LLC

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 12336 CARSON ST Parcel No. 7076001055
CODE40
City of Hawaiian Gardens 10/7/2025
10:33:27AM

Page 3 ends

Code Enforcement Cases By Type and Officer
For the Period 9/1/2025 thru 9/30/2025
Owner
Resident
Case No. Opened Type SubType
Closed Status Assigned To
CE2025-0462 9/17/2025 PLUMBING HAZARD
Case Name Food 4 Less Irrigation Systems Run-Off
Description
Wong-Chin Family Trust

ELIANA ARTEAGA

HEALTH AND SAFETY

OPEN CASE
Site Address 12222 CARSON ST Parcel No. 7076039060
CE2025-0463 9/18/2025 RESIDENTIAL MAINT
Case Name Overgrown Vegetation
Description

GARCIA,JULIAN

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 12454 BRITTAIN ST Parcel No. 7076008028
CE2025-0464 9/19/2025 PROHIBITIED USE
Case Name Airbnb Compalint on Unit B
Description

YEUTTER,JOYCE A TR

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 22211 SEINE AVE UnitB Parcel No. 7069005040 CE2025-0465 9/19/2025 YARD ENCROACHMENT
Case Name Plywood being used as fence extension
Description

JACINTO,JESUS AND ELVIA

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 22316 HORST AVE Parcel No. 7069020007
CE2025-0466 9/19/2025 RESIDENTIAL MAINT
Case Name Rat infestation, bad odor, trashed
Description

JONES,CLYDE AND INOCENCIA

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 21813 ARLINE AVE Parcel No. 7068001047
CE2025-0467 9/22/2025 COMMERCIAL MAINT
Case Name Gardens Shopping Center Run Off Water
Description

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12125 CARSON ST Parcel No. 7065015050
09/30/2025
CE2025-0468 9/23/2025 RESIDENTIAL MAINT
Case Name Property Maintenance, excessive storage
Description

SNIDER,ROBERT V AND TINA R

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 12218 214TH ST Parcel No. 7066021024
CODE40
City of Hawaiian Gardens 10/7/2025
10:33:27AM

Page 4 ends

Code Enforcement Cases By Type and Officer
For the Period 9/1/2025 thru 9/30/2025
Owner
Resident
Case No. Opened Type SubType
Closed Status Assigned To
CE2025-0469 9/22/2025 GARBAGE
Case Name Furniture left out front
Description

EJAZ,ANJUM AND SAMINA

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 21913 BELSHIRE AVE 1 Parcel No. 7076038023 09/24/2025
CE2025-0470 9/22/2025 GARBAGE
Case Name Sofa left out front
Description

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 21834 BELSHIRE AVE Parcel No. 7076002062
09/24/2025
CE2025-0471 9/24/2025 PLUMBING HAZARD
Case Name Tenant Substandard Conditions
Description

HINH,KIM H

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 21834 BELSHIRE AVE 0010 Parcel No. 7076002058 CE2025-0472 9/24/2025 RESIDENTIAL MAINT
Case Name General Upkeep, dry vegetation
Description

LA CARTE,JOSEPH TR

ELIANA ARTEAGA

CODE ENFORCEMENT

OPEN CASE
Site Address 12233 213TH ST Parcel No. 7066025007
CE2025-0473 9/24/2025 GARBAGE
Case Name Ilegal Dumping
Description

TREJO,ISIDRO

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 21828 BELSHIRE AVE 0001 Parcel No. 7076002033 09/30/2025
CE2025-0474 9/25/2025 CHICKENS/ROOSTERS
Case Name Exc. storage in backyard, 3 motorhomes, food truck, chickens Description

LOPEZ,HILARIO R

ELIANA ARTEAGA

HEALTH AND SAFETY

OPEN CASE
Site Address 12227 213TH ST Parcel No. 7066025006
CE2025-0475 9/30/2025 RESIDENTIAL MAINT
Case Name Deck termites, decayed
Description

YONG HWA KWON

ELIANA ARTEAGA

HEALTH AND SAFETY

OPEN CASE
Site Address 21925 BELSHIRE AVE Parcel No. 7076038062
CODE40
City of Hawaiian Gardens 10/7/2025
10:33:27AM

Page 5 ends

Code Enforcement Cases By Type and Officer
For the Period 9/1/2025 thru 9/30/2025
Owner
Resident
Case No. Opened Type SubType
Closed Status Assigned To
CE2025-0476 9/30/2025 GRAFFITI
Case Name Graffiti on Wall
Description
AU ZONE INVESTMENTS NO 2 L P

ELIANA ARTEAGA

CODE ENFORCEMENT
CLOSED
Site Address 12157 CARSON ST Parcel No. 7065015052
CE2025-0477 9/30/2025 GARBAGE
Case Name Ilegal Dumping - Stove
Description

KHAMMANN,BUNLOEUR AND

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12231 214TH ST Parcel No. 7066022033
09/30/2025
CE2025-0478 9/30/2025 RESIDENTIAL MAINT
Case Name Ilegal Dumping - Basketball Hoop
Description

HAQUE,MD H AND HAMIDUL TRS

ELIANA ARTEAGA

CODE ENFORCEMENT

CLOSED CASE
Site Address 12227 214TH ST Parcel No. 7066022032
09/30/2025
CE2025-0482 9/30/2025 PLUMBING HAZARD
Case Name Run off water on sidewalk
Description

CERRITOS GARDENS GENERAL

ELIANA ARTEAGA

HEALTH AND SAFETY

CLOSED CASE
Site Address 21500 PIONEER BLVD Parcel No. 7065006042
10/07/2025
32 Total Cases
CODE40
0 4
8 12
16 20
24 28

CODE ENFORCEMENT
HEALTH AND SAFETY 26
6 CODE ENFORCEMENT

HEALTH AND SAFETY
CASETYPE Count of CASETYPE
CASES Opened by Type & Subtype
For the Period 9/1/2025 thru 9/30/2025

TYPE SUBTYPE
10/7/2025 Page 1

CODE ENFORCEMENT
COMMERCIAL MAINT 3
GARBAGE 4
GRAFFITI 5
LANDSCAPING 4
PROHIBITIED USE 1
RESIDENTIAL MAINT 8
YARD ENCROACHMENT 1

HEALTH AND SAFETY
CHICKENS/ROOSTERS 1
PLUMBING HAZARD 3
RESIDENTIAL MAINT 1
SUBSTANDARD PROPERTY 1
Grand Total: 32
CHART110

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B4
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Nicholas Tarango, Building Inspector/Permit Technician
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT

DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTH OF SEPTEMBER 2025

SUMMARY
The City of Hawaiian Gardens Community Development Department, Building and Safety Division, has prepared its September 2025 monthly status report on activities carried out within the City of Hawaiian Gardens. The report includes all the permits issued in the City and inspections for the reporting periods.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Monthly Permit Report for September 2025
B. Monthly Inspection Report for September 2025
10/14/2025 City of Hawaiian Gardens
8:57:20AM

Page 1 ends

Permits Issued (w/ Census, etc.)
For the Period 9/1/2025 thru 9/30/2025
Permit No.

Reference No.

Issued Date Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Occupancy Type
Group Type
Const. Type
Census
Tax Rate Area
FW Dodge
BLDG2025-0073
9/11/2025 ISSUED
12583 CARSON ST
7066013063

ALTA LOMA CENTER

SILVER SIGNS
Permit Name: 1 ILLUMINATED CAHNNEL LETTER WALL SIGN
COMBO
BLDG2025-0076
9/4/2025 ISSUED

ALTERATION
12239 BRITTAIN ST
7076034017

METRO MODERN REAL ESTATE

CONVERT (E) COVERED PATIO TO BEDROOM,

REMODEL KITCHEN AND BR
Permit Name:

COMBO
BLDG2025-0077
9/4/2025 ISSUED
11833 223RD ST
7069003030

LEE,RAY C AND CHUMEI D TRS

TEAR OFF AND REROOF COMP SHINGLE LIKE FOR
LIKE
Permit Name:

BUILDING
BLDG2025-0078
9/8/2025 ISSUED
21640 BELSHIRE AVE A
7066017109

BELSHIRE COURT HOA

TOM BEYER ROOFING SERVICE

TEAR OFF AND REROOF- EAGLE CONCRETE TILE

LIKE FOR LIKE
Permit Name:

BUILDING
BLDG2025-0079
9/9/2025 FINALED
12260 212TH ST
7066025043

MIKE LAUGHLIN
INSTALL 4' PILASTER BLOCK WALL IN FRONT OF
OF SFD
Permit Name:

BUILDING
BLDG2025-0080
9/25/2025 FINALED
12508 CARSON ST
7076006006

EXTRA SPACE STORAGE

COAST SIGN INCORPORATED
Permit Name: 3 ILLUMINATED CHANNEL LETTER WALL SIGNS
COMBO
ELEC2025-0040
9/8/2025 ISSUED
22016 PIONEER BLVD
7068012041

ENRIQE LEIJA

BRIGHT PLANET SOLAR
Permit Name: ROOF MOUNTED PV SOLAR SYSTEM
SOLAR PERMIT 10KW
ELEC2025-0042
9/30/2025 ISSUED

SERVICE PANEL
22419 HORST AVE
7069021037

CHRISTINE STONTZ

PROPOWER ELECTRIC CO INC
Permit Name: UPGRADE MAIN SERVICE PANEL 200 AMPS

ELECTRICAL
MECH2025-0013
9/18/2025 ISSUED
HVAC
21828 BELSHIRE AVE 0005
7076002037

VILLALOBOS,MARIA

SPOT ON HEATING AIR PLUMBING
Permit Name: NEW DUCTLESS MINI SPLIT

MECHANICAL
MISC2025-0011
9/29/2025 FINALED
22318 SEINE AVE
7069026049

HALDEMAN,JULIA G TRUST

REMOVE UNPERMITTED STORAGE SHED IN

DRIVEWAY
Permit Name:

MISCELLANEOUS
10 Permits Issued from 9/1/2025 Thru 9/30/2025
PERM150
City of Hawaiian Gardens 10/14/2025
8:58:41AM
For the Period 9/1/2025 thru 9/30/2025
Inspection Totals Completed by Inspector

TRANS TECH
CEILING INSULATION 1
ELECTRIC RELEASE 2
ELECTRICAL FINAL 2
FINAL 5
FOOTING 2
INTERIOR LATH 1
PLUMBING FINAL 1
ROOF FRAMING 1
ROOF SHEATHING 3
ROUGH ELECTRICAL 1
ROUGH FRAMING 1
ROUGH GAS TEST 1
ROUGH MECHANICAL 1
ROUGH PLUMBING 1
SHEARWALL EXTERIOR 1
SHEARWALL INTERIOR 1
SOLAR FINAL 1
WALL INSULATION 1
TOTAL INSPECTIONS for TRANS TECH: 27
TOTAL INSPECTIONS COMPLETED: 27
INSP60

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B5
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Kevin Nguyen, Associate Planner II
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT

DEPARTMENT, PLANNING DIVISION REPORT FOR THE MONTH OF SEPTEMBER 2025

SUMMARY
The Planning Division as part of the Community Development Department is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens General Plan and Zoning Ordinance. The City’s Planning Division guides the City’s orderly development, thus achieving a livable city that balances the needs of residents and businesses. Current planning projects range from residential remodels to new commercial developments. Staff serves the City Council and Planning Commission by providing reports and detailed analysis for projects subject to discretionary review.

The attached chart is a summary of all opened and approved projects during the month of September 2025 and the list contains additional details of the projects.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Chart of projects by type, September 2025
B. List of projects with details, September 2025
City of Hawaiian Gardens 10/14/2025
4:10:27PM
For the Period 9/1/2025 thru 9/30/2025
Projects Applied For by Type
Total Projects Applied for: 10
0 1
2 3
4 5

HOUSING

PLN DISCRETION

PLN LEGISLATIVE

PLN MINISTERIAL

PRE SALE REPORT
0 1
0 5
4 CHART90
City of Hawaiian Gardens 10/14/2025
4:21:19PM

Page 1 ends

Projects by Type, Status and Date
For the Period 9/1/2025 thru 9/30/2025
Project Number
Planner
Project Name Date Approved Date Expired
Date Applied Date Closed
Status of Project
Project Type
Project Subtype Address

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED

PLN MINISTERIAL

SIGN PERMIT REVIEW
12567 CARSON ST

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025

CORRECTION SENT

PLN MINISTERIAL
PLOT PLAN REV <2000
22429 IBEX AVE

TONYA PACE
RE-roof and window change out
PLNG2025-0090 9/24/2025

UNDER REVIEW
PLN MINISTERIAL 21926 CLARKDALE AVE
UnitREAR

TONYA PACE
Legalize Rear Patio and Shed
PLNG2025-0091 9/25/2025

APPROVED

PLN MINISTERIAL
PLOT PLAN REV <2000
22213 IBEX AVE

KEVIN NGUYEN
City Parade - Red Ribbon Walk
PLNG2025-0092 9/25/2025

UNDER REVIEW

PLN MINISTERIAL

TEMPORARY USE PERMIT
21815 PIONEER BLVD

KEVIN NGUYEN
Zoning Conformity Letter
PLNG2025-0093 9/29/2025

COMPLETE
PLN MINISTERIAL 12309 CARSON ST

ELIANA ARTEAGA

PRE SALE INSPECTION
RPR2025-0026 9/2/2025
9/2/2025

COMPLETE

PRE SALE REPORT

MULTI-FAMILY RES
22330 CLARKDALE AVE

ELIANA ARTEAGA

PRE-SALE REPORT
RPR2025-0027 9/22/2025
9/23/2025

COMPLETE
PRE SALE REPORT 12220 211TH ST

ELIANA ARTEAGA
Presale Inspection for Unit 16
RPR2025-0028 9/25/2025
9/25/2025

COMPLETE
PRE SALE REPORT 21913 BELSHIRE AVE 16

ELIANA ARTEAGA
PreSale Report for Unit 130
RPR2025-0029 9/25/2025
9/25/2025

COMPLETE

PRE SALE REPORT

CONDO/TOWNHOME
21311 NORWALK BLVD
130
10 Project(s) Found
PROJ15
City of Hawaiian Gardens 10/14/2025
4:22:21PM

Page 1 ends

Projects with Selected Action Type (by Action Type)
For the Period 9/1/2025 thru 9/30/2025
1ST REVIEW CORRECTION SENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
New wall sign for Future Business Solu
PLNG2025-0013 2/12/2025

CORRECTION SENT
9/3/2025

KEVIN NGUYEN
Add attached 334 sq ft ADU
PLNG2025-0085 8/13/2025

UNDER REVIEW
9/5/2025

TONYA PACE
Legalize Rear Patio and Shed
PLNG2025-0091 9/25/2025

APPROVED
9/25/2025

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025

CORRECTION SENT
9/30/2025
2ND REVIEW CORRECTION SENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/4/2025
3RD REVIEW CORRECTION SENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/15/2025

APPLICATION RECEIVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025

CORRECTION SENT
9/8/2025

KEVIN NGUYEN
Add walk-in cooler for 76 gas station
PLNG2025-0087 8/22/2025

UNDER REVIEW
9/10/2025

TONYA PACE
RE-roof and window change out
PLNG2025-0090 9/24/2025

UNDER REVIEW
9/24/2025
PROJ55
City of Hawaiian Gardens 10/14/2025
4:22:21PM

Page 2 ends

Projects with Selected Action Type (by Action Type)
For the Period 9/1/2025 thru 9/30/2025

KEVIN NGUYEN
City Parade - Red Ribbon Walk
PLNG2025-0092 9/25/2025

UNDER REVIEW
9/24/2025

TONYA PACE
Legalize Rear Patio and Shed
PLNG2025-0091 9/25/2025

APPROVED
9/25/2025

APPROVED PLANS
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

KEVIN NGUYEN
Modification to (e) Verizon facility
PLNG2025-0083 8/12/2025
9/5/2025

APPROVED
9/5/2025

TONYA PACE
Allow fence to exceed 6' in height.

PLNG2025-0073 7/9/2025
9/5/2025
9/5/2025

APPROVED
9/5/2025

KEVIN NGUYEN
New ADU, convert (e) room to JADU
PLNG2025-0056 6/23/2025
9/19/2025

APPROVED
9/19/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/23/2025

ASSIGNED PLANS
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
Aqua Tots Signs
PLNG2025-0008 2/4/2025
3/20/2025
9/24/2025

APPROVED
9/24/2025

DOCUMENTS RECEIVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

KEVIN NGUYEN
New ADU, convert (e) room to JADU
PLNG2025-0056 6/23/2025
9/19/2025

APPROVED
9/8/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/9/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/16/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/17/2025
PROJ55
City of Hawaiian Gardens 10/14/2025
4:22:21PM

Page 3 ends

Projects with Selected Action Type (by Action Type)
For the Period 9/1/2025 thru 9/30/2025

TONYA PACE
Legalize Rear Patio and Shed
PLNG2025-0091 9/25/2025

APPROVED
9/25/2025

KEVIN NGUYEN
Zoning Conformity Letter
PLNG2025-0093 9/29/2025

COMPLETE
9/26/2025
E-MAIL
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
Remodel (e) house, add new bathroom
PLNG2025-0024 3/7/2025
6/11/2025

APPROVED
9/3/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/4/2025

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025

CORRECTION SENT
9/9/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/18/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/22/2025

TONYA PACE
RE-roof and window change out
PLNG2025-0090 9/24/2025

UNDER REVIEW
9/23/2025

TONYA PACE
RE-roof and window change out
PLNG2025-0090 9/24/2025

UNDER REVIEW
9/24/2025

TONYA PACE
Legalize Rear Patio and Shed
PLNG2025-0091 9/25/2025

APPROVED
9/25/2025

FIELD INSPECTION
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
Window Sign for Aqua Tots
PLNG2025-0041 4/28/2025
7/21/2025
9/24/2025

APPROVED
9/24/2025

FOLLOW UP
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
PROJ55
City of Hawaiian Gardens 10/14/2025
4:22:21PM

Page 4 ends

Projects with Selected Action Type (by Action Type)
For the Period 9/1/2025 thru 9/30/2025

TONYA PACE

PARMENTER
HSG2023-0030 8/28/2023
9/2/2025
9/24/2025

APPROVED
9/15/2025

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/18/2025

PHONE CALL
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/16/2025

PLANS RESUBMITTED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025

APPROVED
9/3/2025

TONYA PACE
Repair Fire Damage to (E) SFR
PLNG2025-0060 6/24/2025
10/6/2025

APPROVED
9/11/2025

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025

CORRECTION SENT
9/11/2025

REPORT ISSUED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

ELIANA ARTEAGA

PRE SALE INSPECTION
RPR2025-0026 9/2/2025
9/2/2025

COMPLETE
9/2/2025
38 Project(s) Found
PROJ55

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B6
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
Abraham Yi, Accounting Specialist
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE WARRANTS PROCESSED DURING THE PERIOD OF SEPTEMBER 27 TO OCTOBER 10, 2025

SUMMARY
Information for warrants processed from September 27 to October 10, 2025 is provided, in the attachments, for review by the City Council. A detailed report for Accounts Payable (AP) provides a list of all payments presented by payment type and check number. Payments are made to vendors using paper checks, via ACH or online.

Payroll (PR) represents payments for employee payroll, taxes, insurance and CalPers retirement contributions and does not include any detailed information.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Financial Summary
B. AP Invoice Approval Lists Payment Type and Check Number Attachment A
Financial Summary
Description Warrant Information Amount
AP Check Payments to Vendors Ck 68068 – 68115 $ 313,475.03 AP ACH Payments to Vendors Ck 1058702 – 1058736 487,826.84 AP Online Payments to Vendors Ck 3007 – 3012 46,748.15
PR Employee Salaries & Benefits Ck 72257– 72369 204,717.46 PR CalPers- Online Retirement Benefits
Voided Check 68009 (10,000.00)
Total for Sep 27-Oct 10, 2025 $1,042,767.48
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 09/27/25 TO 10/10/25
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 4:05 pm
Date: 10/08/2025
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
68068 10/01/25 Printed 0276AB SALVADOR ALCAZAR JUL - AUG 2025 LEE WARE POOL 3,000.00

MAINTENANCE
68069 10/01/25 Printed 0520HZ JUAN ANGUIANO REMOVE PEAR TREE/PLANT PALM 2,970.00 TREE - 11969 DR MOSKOWITZ WAY
68070 10/01/25 Printed 1136 BRAVO SIGN & DESIGN INC ENTRY SIGN REPAIRS & INSTALL 4,300.00

MODEM RELOCATION KIT
CINTAS FIRST AID & SAFETY 357.67
0168
68071 10/01/25 Printed 1729X FIRST AID RESTOCK - PW
68072 10/01/25 Printed 1979JA JESUS E. CONTRERAS REIMB EMP/CELL PHN/JUN 2025 150.00 68073 10/01/25 Printed 3001M GONZALO FLORES REIMB EMP/CELL PHN/AUG 2025 100.00 GANAHL LUMBER COMPANY 319.27
INC
68074 10/01/25 Printed 3186 MAOF RESTROOM FLOOR REPAIR

SUPPLIES
68075 10/01/25 Printed 6619 GCP WW HOLDCO LLC REC WORK BOOTS - M. SOTO 100.00 68076 10/01/25 Printed 4155 L.A. COUNTY, DEPT OF P.W. JUL - AUG 2025 ENVIRON SVCS - BUS 1,475.66

INSPECT, REG/SEWER
68077 10/01/25 Printed 4512L VIRGINIA LOPEZ 09.06.25 YOUTH SPORTS BASEBALL 420.00

EVENT - WATER SLIDES RENTAL
68078 10/01/25 Printed 5180DJ JOSE MUNIZ 10.04.25 FACILITY RENTAL DEPOSIT 75.00 REFUND
68079 10/01/25 Printed 5307NF FRANCISCO NAVARRO REPLACE TMP VALVE ON WATER 397.08

HEATER - TEEN CTR
68080 10/01/25 Printed 5755 PETTY CASH\E.VIGIL 10.13.25 GOLF TOURNAMENT - PETTY 300.00 CASH
SOCAL AUTO & TRUCK 329.94

PARTS INC
68081 10/01/25 Printed 6727 UNIT 42 - BATTERY 2YR WARRANTY SOUTHERN CALIF EDISON 13.08

COMPANY
68082 10/01/25 Printed 6801 08.19 - 09.17.25 SER PER
SOUTHERN CALIF EDISON 3,214.29

COMPANY
68083 10/01/25 Printed 6801 08.19 - 09.17.25 SER PER
SOUTHERN CALIF EDISON 1,401.69

COMPANY
68084 10/01/25 Printed 6801 08.19 - 09.17.25 SER PER
SOUTHERN CALIF EDISON 45.29

COMPANY
68085 10/01/25 Printed 6801 08.19 - 09.17.25 SER PER
SOUTHERN CALIF EDISON 14.27

COMPANY
68086 10/01/25 Printed 6801 08.19 - 09.17.25 SER PER
SOUTHERN CALIF EDISON 166.88

COMPANY
68087 10/01/25 Printed 6801 08.19 - 09.17.25 SER PER
SOUTHERN CALIFORNIA 690.98

SECURITY
68088 10/01/25 Printed 6855H INSTALL NEW HANDLE-SPRING
DL2700 - CITY HALL
68089 10/01/25 Printed 7649 VISION SERVICE PLAN - CA OCT 2025 VISION INSURANCE 1,975.70 68090 10/08/25 Printed 0277J ALEX TIRES INC UNIT 41 - FLEET MAINT TIRE PATCH 20.00 68091 10/08/25 Printed 0895L BAY ALARM COMPANY NOV25 - JAN26 21815 PIONEER - 1,635.00 MAINT YARD ALARM SVC #4373270
BLACK O'DOWD & 24,000.00

ASSOCIATES INC
68092 10/08/25 Printed 0720 AUG 2025 PROF SVCS - DESIGN CRL CTR RENOVATION - PROJ 123
68093 10/08/25 Printed 1465FF CA STATE UNIV FULLERTON 2025 ADULT SCHOLARSHIP PROGRAM 500.00

SALVADOR COSIO
CINTAS FIRST AID & SAFETY 860.18
0168
68094 10/08/25 Printed 1729X FIRST AID RESTOCK - FEDDE INV #5291789320 UNDERPAID
68095 10/08/25 Printed 2786MN MARIANA ESTRADA 09.01 - 09.10.25 ZUMBA INSTRUCTOR 330.00 68096 10/08/25 Printed 6619 GCP WW HOLDCO LLC PW UNIFORM WORKS SHOES - M. 396.85 GAMEZ
68097 10/08/25 Printed 3133 GWMA FY 25/26 GWMA ANNUAL 29,404.63

MEMBERSHIP DUES
68098 10/08/25 Printed 3548L HDR CONSTRUCTION LLC HOUSING REHAB PROGRAM - 12260 10,800.00 212TH ST - B & M LAUGHLIN
HINDERLITER, DE LLAMAS & 1,602.45
ASSOC
68099 10/08/25 Printed 3680 1ST QTR 25 SALES TAX - CONTRACT SVCS
HOWROYD-WRIGHT 1,904.67

EMPLOYMENT
68100 10/08/25 Printed 0558M W/E 09.20.25 ACCOUNTS PAYABLE 68101 10/08/25 Printed 3944T JCL TRAFFIC SERVICES SIGN MAINT SUPPLIES - SAFETY 797.21

TAPE, HEAD DRIVE RIVETS
68102 10/08/25 Printed 5180B MUNIENVIRONMENTAL LLC AUG 2025 PROF ENVIRON SVCS - 11,220.27 AB939/SB1383/AUDIT/MISC EXP
MV CHENG & ASSOCIATES 5,020.00
INC
68103 10/08/25 Printed 5195 SEP 2025 CONSULTING SVCS
Attachment B
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 09/27/25 TO 10/10/25
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 4:05 pm
Date: 10/08/2025
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
NORTH ORANGE COUNTY 1,000.00

COMMUNITY
68104 2025 10/08/25 Printed 2184 ADULT SCHOLARSHIP PROGRAM

JAZMIN VELAZQUEZ
68105 09.12.25 CONCERT AT THE PARK 10/08/25 Printed 5925HM MIGUEL PROCOPIO 105.00 EVENT - MINI CONCHAS (150)
68106 REMOVE & REINSTALL HVAC AIR 10/08/25 Printed 6161QT RAN ENTERPRISES INC 12,640.00

DUCT - CH/CRL ROOF REPLACE
REGENTS OF THE 1,000.00

UNIVERSITY
68107 2025 10/08/25 Printed 7382SD ADULT SCHOLARSHIP PROGRAM

ADRIAN PALACIOS
68108 10.13.25 GOLF TOURNAMENT EVENT 10/08/25 Printed 6268VE ERIC S ROBLES - 450.00

PHOTOBOOTH
68109 07.02 - 07.13.25 PATROL SVCS 10/08/25 Printed 6870 SOUTHWEST PATROL INC 47,205.00 68110 SEP 2025 - PTT MOBILE SERVICES 10/08/25 Printed 7120M T-MOBILE USA INC 1,288.48 68111 JUL - AUG 2025 PROF SVCS - BIKE 10/08/25 Printed 7188L TOOLE DESIGN GROUP LLC 86,429.94

MASTER PLAN
UNDERGROUND SERVICE 44.00
ALERT
68112 SEP 2025 DIG ALERT NOTICES 10/08/25 Printed 7310
68113 09.11.25 UNIFORMS, TOWELS & MATS 10/08/25 Printed 7324 UNIFIRST CORPORATION 1,196.51 68114 JUL 2025 PROF SVCS - FY 23/24 10/08/25 Printed 7907 WILLDAN ENGINEERING 51,318.04

ARTERIAL & RES STREET REHAB
CHRISTOPHER 490.00

YOUNGBLOOD
68115 03.19 - 05.07.25 WRESTLING COACH 10/08/25 Printed 7996C

STIPEND
Total Checks: 48 Checks Total (excluding void checks): 313,475.03 Total Payments: 48 Bank Total (excluding void checks): 313,475.03 Total Payments: 48 Grand Total (excluding void checks): 313,475.03 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 09/27/25 TO 10/10/25
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 4:06 pm
Date: 10/08/2025
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT EFTs
1058702 10/01/25 09.23.25 22028 VIOLETA AVE - 10/01/25 Reconciled 0310W ALL CITY ANIMAL TRAPPING 150.00

REMOVED ONE DEAD CAT
AMERICAN CITY PEST 1,929.50

TERMITE INC
1058703 10/01/25 09.25 PEST CONTROL - CITY HALL, 10/01/25 Reconciled 0440

CRL, PW YARD, PATIOS
1058704 10/01/25 08.05.25 10/01/25 Reconciled 1860M COAST PARTY RENTALS INC NATIONAL NIGHT OUT EVENT 3,490.49 - EQUIPMENT RENTAL
DELTA DENTAL INSURANCE 260.70

COMPANY
1058705 10/01/25 OCT 2025 DENTAL INS 10/01/25 Reconciled 2338 1058706 10/01/25 SERVICE CALL/INSPECT EAST & 10/01/25 Reconciled 2374 DIAZ GATES CORP 310.00

WEST GATES - PSC
1058707 10/01/25 09.04 - 09.18.25 ZUMBA INSTRUCTOR 10/01/25 Reconciled 3219D VANESSA GARCIA 150.00 1058708 10/01/25 10.08.25 - 10.07.26 PRIMEGOV 10/01/25 Reconciled 3444M GRANICUS LLC 12,380.60 HUMAN SERVICES 4,004.00

ASSOCIATION
1058709 10/01/25 10/01/25 Reconciled 3813F AUG 2025 SENIOR MEALS SERVED 1058710 10/01/25 OCT 2025 DENTAL PPO INSURANCE 10/01/25 Reconciled 5166D MUNICIPAL DENTAL POOL 5,480.90 1058711 10/01/25 05.16 - 09.19.25 BALLET FOLKLORICO 10/01/25 Reconciled 5436 ZARENE MARIE NUNEZ 1,222.50

INSTRUCTOR
RAMJAN BROTHERS 992.78

ENTERPRISES
1058712 10/01/25 JANITORIAL SUPPLIES 10/01/25 Reconciled 6444 SHERWIN-WILLIAMS 416.68

COMPANY
1058713 10/01/25 GRAFFITI REMOVAL & PAINT 10/01/25 Reconciled 6615

SUPPLIES
1058714 10/01/25 UNIT 53 - SAFETY INSPECTION 10/01/25 Reconciled 3985 JEFF P SMITH 3,707.74 REPAIR/RECHARGE AC MIL - 62896
STAPLES BUSINESS 163.01

ADVANTAGE
1058715 10/01/25 PS OFFICE SUPPLIES - CARPET 10/01/25 Reconciled 6932-PSS STAPLES BUSINESS 347.00

ADVANTAGE
1058716 10/01/25 ENGINEER OFFICE SUPPLIES - 10/01/25 Reconciled 6932-PWW LOGITECH HD 1080 WEBCAM
STAPLES BUSINESS 1,057.35

ADVANTAGE
1058717 10/01/25 CRL OFFICE SUPPLIES 10/01/25 Reconciled 6932-RECC 1058718 09.29.25 21639 JUAN AVE - REMOVED 10/08/25 Printed 0310W ALL CITY ANIMAL TRAPPING 225.00

ONE DEAD OPOSSUM
AMERICAN FAMILY LIFE 3,047.02

ASSURANCE
1058719 SEP 2025 SUPPLEMENTAL 10/08/25 Printed 0204

INSURANCE
1058720 10/08/25 Printed 0923A BEST BEST & KRIEGER LLP AUG 2025 PROF ATTORNEY SVCS - 25,465.45

CITY ATTORNEY
1058721 COFFEE SUPPLIES 10/08/25 Printed 5682GC COMPASS GROUP USA INC 63.43 1058722 09.15 - 10.14.25 MONTHLY RETAINER 10/08/25 Printed 2751K ENGLANDER KNABE ALLEN & 5,500.00 1058723 10/08/25 Printed 3615EF HAWAIIAN GARDENS HAND AUG 2025 CAR WASH 276.00

TRANSPORTATION
1058724 09.14 - 09.23.25 TC PATIO TREE TRIM, 10/08/25 Printed 3653F FELIPE HERNANDEZ 700.00

PROG, VALVE REPAIR
1058725 REPAIR LIGHT POLE WIRE SHORT - 10/08/25 Printed 3788 HOTWIRE ELECTRIC INC 1,430.00

LEE WARE
1058726 OCT 2025 PROF LEGISLATIVE 10/08/25 Printed 3380 JOE A. GONSALVES & SON 2,000.00 L.A. COUNTY SHERIFF'S 402,936.10
DEPT.
1058727 07.04.25 SPECIAL EVENT OT - 4TH OF 10/08/25 Printed 4205 JULY
1058728 REPAIR PRESSURE WASHER - BUS 10/08/25 Printed 7008M MIKE J MANCE 581.39 STOPS
1058729 REIMB EMP/CELL PHN/SEP 2025 10/08/25 Printed 5099 SHAVON MOORE-CAGE 60.00 1058730 OCT - DEC 2025 QTRLY FIRE ALARM 10/08/25 Printed 7252Q RHR SYSTEMS INC 195.00

MONITORING/RADIO UPLINK
1058731 09.19.25 VIDEO PROD - VIGIL AIR 20 10/08/25 Printed 6391 NADIM SALLMAN TH 500.00

ANNIVERSARY CELEBRATE
1058732 SEP 2025 MONTHLY SVCS 10/08/25 Printed 6328 SC CONSULTING GROUP LLC 6,900.00 STAPLES BUSINESS 317.06

ADVANTAGE
1058733 FIN OFFICE SUPPLIES 10/08/25 Printed 6932-FINN
STAPLES BUSINESS 389.35

ADVANTAGE
1058734 PSC BREAK ROOM TABLE 10/08/25 Printed 6932-PSS
STAPLES BUSINESS 1,134.84

ADVANTAGE
1058735 CRL OFFICE SUPPLIES - TONERS 10/08/25 Printed 6932-RECC 1058736 REIMB EMP/09.05 - 09.30.25 MILEAGE 10/08/25 Printed 7195Y KRISTINA TORREYSON 42.95 Total EFTs: 35 EFTs Total (excluding void checks): 487,826.84 Total Payments: 35 Bank Total (excluding void checks): 487,826.84 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 09/27/25 TO 10/10/25
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 4:06 pm
Date: 10/08/2025
Void/Stop
Date
Reconcile
Date
Total Payments: 35 Grand Total (excluding void checks): 487,826.84 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ONL PMTS 09/27/25 TO 10/10/25
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-ONLINE PYMTS Page: 1
Time: 10:16 am
Date: 10/15/2025
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-ONLINE PYMTS Checks
MIDAMERICA 33,588.75

ADMINISTRATIVE &
3007 OCT 2025 HRA 09/24/25 Printed 4959A
CHEVRON AND TEXACO 5,474.57

UNIVERSAL
3008 08.16 - 09.15.25 FUEL CHARGE 09/23/25 Printed 1716 3009 09.02 - 10.01.25 SER PER 10/06/25 Printed 1795 CITY OF LONG BEACH 1,768.65 BMO BANK N.A.-BANK 2,833.57

CHARGES
3010 SEP 2025 - BANK FEE CHARGES 10/01/25 Printed 0821BC 3011 OCT 2025 SVCS CABLE TV, INTERNET 10/06/25 Printed 7174TC CHARTER COMMUNICATIONS , 1,270.68

PHONE & STREAMING
3012 09.17.25 STATEMENT DATE 09/24/25 Printed 4607P LOWE'S BUSINESS ACCOUNT 1,811.93 Total Checks: 6 Checks Total (excluding void checks): 46,748.15 Total Payments: 6 Bank Total (excluding void checks): 46,748.15 Total Payments: 6 Grand Total (excluding void checks): 46,748.15

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B7
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:

Recommendation to adopt Resolution No. 030-2025, amending the donation policy for local schools.

SUMMARY
In 2010, we had a donation policy for both local schools and non-profit organizations (Resolution No. 064-2010). In 2016, the non-profit organization's donation policy was separated (Resolution No. 029-2016), and updated again in 2017 (Resolution No. 025- 2017). The 2010 donation policy remained in effect for local schools. This amendment updates the school donation policy to reflect current practices, clarifying the timeframe for accepting donation requests and the use of donated funds.

FISCAL IMPACT
There are no additional fiscal impacts. Funds for donations are already budgeted for the current fiscal year.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Resolution No. 030-2025

CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 030-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 064-2010 TO

UPDATE THE MONETARY DONATION POLICY FOR LOCAL SCHOOLS
WHEREAS, the City Council of Hawaiian Gardens wishes to amend the policy that governs monetary donations to local schools; and
WHEREAS, the monetary donation policy was established for both local schools and non-profit organizations by Resolution No. 064-2010, the non-profit organization's donation policy was later separated by Resolution No. 029-2016, and updated again by Resolution No. 025-2017, leaving the 2010 donation policy remaining in effect for local schools; and
WHEREAS, the attached Donation Policy will provide the policy under which the City Council may provide donations to local schools; and NOW, THEREFORE, the City Council of the City of Hawaiian Gardens resolves as follows:

SECTION 1: The City Council of the City of Hawaiian Gardens hereby adopts by Resolution the amended City of Hawaiian Gardens Policy for Monetary Donations to Local Schools.

SECTION 2: The City Manager is hereby authorized and directed to implement the new Policy for Monetary Donations to Local Schools.

SECTION 3: The City of Hawaiian Gardens Policy for Monetary Donations to Local Schools is attached as Exhibit "A" and incorporated herein by reference.

SECTION 4: The Mayor or his/her presiding officer is hereby authorized to affix his/her signature to this resolution signifying its passage and adoption by the City Council of the City of Hawaiian Gardens.

SECTION 5: The City Clerk or his/her designee shall attest and shall certify to the adoption of the Resolution and shall cause this Resolution and his/her certification to be entered into the Book of Resolutions of the City of Hawaiian Gardens.

PASSED, APPROVED AND ADOPTED by the City of Hawaiian Gardens City Council at a Regular meeting held on this 22nd day of October 2025. _______________________________

DANDY DE PAULA
MAYOR
ATTEST:
__________________________

PABLO RUBIO

CITY CLERK
1 EXHIBIT A
City of Hawaiian Gardens
School Donation Policy
I. PURPOSE
The City hereby establishes a local school donation policy that outlines the guidelines and rules for donations. This policy aims to ensure that donations are used appropriately by the school to benefit Hawaiian Gardens students.

II. OBJECTIVES
A. Ensure that the City of Hawaiian Gardens considers all requests for donations fairly and responsibly.

B. Ensure uniform standards and procedures are applied to donations provided by the City.

C. Ensure collaboration between the Associated Student Body (ASB) and school administration on the purpose and objectives of the donation request if the school has an ASB.

III. ELIGIBILITY
A. The following shall be required to be considered for a City donation:

1. Be a local school servicing the City of Hawaiian Gardens (Hawaiian Elementary School; Furgeson Elementary School; Melbourne Elementary School; Fedde Middle School; Artesia High School).

2. At least 75% of participants benefiting from the donation activity shall live in the City, or at the discretion of the City Council.

3. The activities seeking funding must show community support, benefit the community, promote civic pride, and build goodwill with the City.

4. Local schools that receive funding must fundraise and advertise their programs to the community at City-sponsored events.

B. The following activities shall not be eligible to receive City funds under this policy:

1. Business, religious, political, or illegal activities.

2. Activities that a California agency or a court of law deem discriminatory.

IV. PROCEDURES
A. Annually, the City Council will approve a budget amount to be made available for donation distribution. At the same time, the City Council will establish the maximum donation any one eligible local school may receive during that fiscal year.
2 EXHIBIT A
B. Each fiscal year, the City Council will accept applications for donations from eligible schools after the start of the school year (August/September).

C. Before applying for donations, both the ASB and the school administration must communicate with each other to ensure alignment on the purpose and objectives of the donation.

D. Applications are to be submitted using the City Donation Request Form. All sections must be completed with the required supporting documentation.

Applications will be received and date stamped by the City Manager or his/her designee. Incomplete applications will be returned to the applicant to allow the applicant an opportunity to complete the package and resubmit.

E. All requests will be reviewed by the City Manager, or his/her designee, for eligibility.

F. Approved recipients will be notified by the City Clerk and invited to a future Council meeting for the awarding of the donation(s). When accepting the donation, organizations will provide a brief statement on how these funds will be used.

G. The City Clerk's office will prepare requisitions for checks to be processed by the Finance Department for presentation at the appropriate Council meeting.

H. If any funds remain at the end of the fiscal year, those funds will not carry over into the next fiscal year.

V. ADDITIONAL REQUIREMENTS
Schools that do not comply with these additional requirements may be ineligible for future donations or may be required to refund the money that they received.

A. Funds must be used by the school for the activity stated in the application.

B. Applicants must provide subsequent financial information to the City within 30 days of the date of the activity as indicated on the City form provided with the award of donation.

C. Funds may not be transferred to another organization or activity.

D. Schools seeking multiple donations within consecutive fiscal years must provide a presentation to the City Council after the completion of the funded activity to share how the donation was utilized.

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B8
DATE: October 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, M.S., P.E., Public Works Manager
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE PUBLIC WORKS DEPARTMENT PERMITS REPORT FOR THE MONTH OF SEPTEMBER 2025

SUMMARY
The Engineering Division, as part of the Public Works Department, is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens’ General Plan, Municipal Code, and oversees the project management for the construction of the City’s capital improvements, infrastructure, and public facilities.

The Engineering Division reviews applications and issues construction, and encroachment permits for any work that is done in the public right-of-way, such as the streets and alleys, and if the public rights-of-way are used for equipment parking/staging and to conduct any construction, repair, or maintenance of any property or utilities within or adjacent. Work on or use of the public right-of-ways may include: underground and above-ground utilities repair/replacement by utility companies and their contractors, driveway construction, temporary use for staging of equipment and vehicles, and contractors working on behalf of the City for public improvements. The permits and final inspections will ensure that any work is conducted in accordance with City Engineering specifications and appropriate standards and that any traffic control and safety measures are properly in place and followed.

The attached chart is a summary of all permits issued during the month of September 2025.

Agenda Item #B8
October 22, 2025

Page 2 ends

Hawaiian Gardens City CouncilOctober 22, 2025

Hawaiian Gardens City Council
October 22, 2025