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.”
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.
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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;
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.
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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.
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.
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