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 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, the City Council continued the Public Hearing until December 10, 2025 fully considered all oral and written testimony, facts, and opinions offered at the public hearing.
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 10th day of December 2025.
__________________________
Mayor
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.
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 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 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.
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.
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 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.
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 right-of-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.