www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
2029 Century Park East, Suite 2100
Los Angeles, California 90067-3284
P: 310.284.2200 F: 310.284.2100
Eric J. Cohn
310.284.2295
[email protected]
May 20, 2025
VIA E-MAIL ([email protected])
Ms. Elise McCaleb
Community Development Director
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
Re: Business License Application for Chavez Unlimited Construction, Inc. at 12347 E. Carson Street
Dear Ms. McCaleb:
As you know, we represent Surf City Boats, Inc. (“Surf City Boats”) in connection with its efforts to make economically beneficial and productive use of the real property located at 12347 E. Carson Street (the “Property”) in the City of Hawaiian Gardens (the “City”). We write this letter in response to the City’s May 16, 2025 letter, entitled “Business License Application – 12347 E. Carson Street (APN: 7066-017-011)” (the “Business License Letter”).
We appreciate the City’s engagement, but wish to clarify a few misunderstandings in the Business License Letter.
1. The C-4 Zoning Does Not Categorically Prohibit Outdoor Storage There is no dispute that the Property is located within the City’s “C4 – General Commercial” zone. (See City’s Zoning Map.) Further, there is no dispute that Hawaiian Gardens Municipal Code (“HGMC”) section 18.60.050 provides the list of permitted, conditionally permitted, and prohibited uses for the C4 zone. (See HGMC, § 18.60.050.) The uses permitted in the C4 zone includes both “general offices” and “administrative/professional offices.”1
(Id.) The C4 zone prohibits (unless it is a legally established nonconforming use2) “contractor yards”3 amongst all other listed industrial uses. (Id.) In addition to HGMC section
18.60.050, other provisions of the HGMC further regulate the use and development of property 1 Neither “general offices” or “administrative/professional offices” is defined in the HGMC, but “offices or professional offices” is defined as “[a] building or portion of a building used as a place of business by persons primarily engaged in rendering professional services. It does not include offices of retail stores, or those incidental to the handling, sale or disposition of commodities.” (HGMC, § 18.20.030.) 2 Neither Surf City Boats nor Chavez Unlimited Construction, Inc. intend to waive any rights available to either or both of them, by failing to raise them in this letter. 3 “Contractor yards” is not defined in the HGMC. (See HGMC, § 18.20.030.) Attachment A
within the C4 zone. For example, for non-residentially zoned property, the HGMC authorizes overnight exterior storage of up to ten vehicles or use of up to ten percent of lot area for storage of activities not located within an enclosed building, at which point a minor use permit (“MUP”) would be required. (HGMC, § 18.70.060.E.) Further, equipment is allowed to be stored on nonresidentially zoned property, so long as fully screened from adjacent lots (and even in certain instances full screening is not required). (HGMC, § 18.70.060.C.) Notwithstanding the above, the Business License Letter appears to read an unfounded categorical prohibition on storage into the “general offices” use permitted within the C4 zone. (See Business License Letter, p. 1 [“general office (without storage of materials) or whether…”].)
2. Chavez Unlimited Construction, Inc.’s Proposed Use is Allowed within the C-4 Zone
The Business License Letter has requested a written and detailed business description for Chavez Unlimited Construction, Inc. (“Chavez”). In response to that request, Chavez uses the property as an office (e.g., a professional place of business away from his home) for its construction business where its principal customarily arrives daily to manage jobs, book appointments, and generally conduct day-to-day business operations.
Chavez’s use of the Property is not a contractor yard. While Chavez does store a limited amount of equipment on the Property (as incidental to the office use and only as authorized by the HGMC), the equipment is fully screened from adjacent lots and there is no more than ten vehicles or ten percent of the lot area used for outdoor storage. This limited use of the Property for incidental storage cannot reasonably transform an office use into a contractor yard. Not to mention, there is no on-site fabrication or construction related activities—further distinguishing the use from a contractor yard.4
3. Business License Issued to Surf City Boats
The Business License Letter has also requested clarification concerning the status of the business license issued for Surf City Boats Inc., Office and Professional Use Site on March 15, 2024 and whether that business will continue to operate from the Property. At this point in time, we fail to see the relevance between the existing Surf City Boats license and the license being sought for Chavez. We would appreciate further clarification on the need for this information and will respond accordingly once this additional information is received. 4 We understand that local agencies are often afforded deference in interpreting their own codes, but we further understand that a local agency’s interpretation is not binding and that deference is not afforded when an agency has failed to consistently follow a putative interpretation. (Tower Lane Properties v. City of Los Angeles (2014) 224 Cal.App.4th 262, 276; Interinsurance Exchange of Automobile Club v.
Superior Court (2007) 148 Cal.App.4th 1218, 1235–1236.)
* * *
Surf City Boats’ desire is to make economically beneficial and productive use of the Property. We hope the City can appreciate that. As the City has effectively thwarted the MUP for boat sales use, Surf City Boats merely desires to continue similar office use to that which has operated on the Property for the considerable past. We appreciate your continued attention to this matter and please feel free to contact me should you have any questions regarding this matter.
Sincerely,
Cox, Castle & Nicholson LLP
Eric J. Cohn
Cc: Norma Tabares, City Attorney ([email protected])