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.
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 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 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