RESOLUTION NO. 034-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING A BUSINESS LICENSE FOR CHAVEZ UNLIMITED CONSTRUCTION, INC.
LOCATED AT 12347 E. CARSON STREET (“PROPERTY”) IN THE CITY OF HAWAIIAN GARDENS (APN: 7066-017-127)
WHEREAS, Chavez Unlimited Construction, Inc. (“Applicant”) filed an application for a business license for office and professional use; 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 Business License is required for all businesses in the City to conduct business operations; and
WHEREAS, the Business License application stated that the principal use is office; and
WHEREAS, the City requested a written and detailed business description including but not limited to the proposed activities, hours of operation, number of employees, and equipment used onsite, stored onsite, and how/where it is stored onsite; and
WHEREAS, the City received a response from the property owner’s attorney stating that “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 operations”; and
WHEREAS, the Applicant did not provide any further information; and WHEREAS, Staff evaluated the application and observed operations and determined that the business is more akin to a “contractor yard”; and WHEREAS, “contractor yards” are permitted only in the Light Manufacturing (M-1) zoning designation portions of the City when a Minor Use Permit is approved; and WHEREAS, based on multiple site visits staff observed the storage of equipment and materials such bricks and hardscape materials on pallets at the Property; and WHEREAS, Hawaiian Gardens Municipal Code (“HGMC”) Section 18.70.060(G) prohibits the storage of building materials; and
WHEREAS, HGMC Section 18.70.060(I) prohibits the outdoor display of building materials, or equipment; and
Attachment B
WHEREAS, on June 25, 2025 the Community Development Director issued a denial letter for the business license; and
WHEREAS, the Applicant appealed the Director’s decision to the City Council of the City of Hawaiian Gardens (“City Council”) pursuant to HGMC 5.04.230 and
18.100.170; and
WHEREAS, the City Council held a hearing on December 10, 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. BUSINESS LICENSE DECISION & FINDINGS
Having considered all the oral and written evidence presented to it at said hearing regarding the business license application for Chavez Unlimited Construction, Inc. the City Council hereby denies the business license application for Chavez Unlimited Construction, Inc. The City Council’s decision is based on the following:
1. In reviewing this matter and any undefined terms, staff was guided by the provisions of HGMC Section 18.20.010 (General Interpretation).
2. In reviewing the intended and primary use of the property, staff was guided by HGMC Section 18.20,020 (Use of Terms) and 18.20.030 (Definitions), including the following:
“Use or land use”. The purpose or activity for which land or buildings are arranged, designed, or intended, or for which land or buildings are occupied or maintained and shall include any manner of performance of such activity.” From the description provided and observations of the Applicant’s use of the site, it appears that the purpose or activity for which the land and business are occupied is for the purpose of maintaining a contractor yard. Since contractor yards are specifically authorized in a different zoning designation (i.e. M-1), contractor yards are not a permitted use in the C-4 (General Commercial) zoning designation.
The Applicant stated that the use of property is a “general office.” While the Code does not contain a specific definition of “general office” we note that HGMC Section 18.20.030 defines the term “office” without reference to “general.” It provides:
“Offices or professional offices. 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.”
Even if the definition of “office” is more general in nature and may encompass using a portion of the mobile home trailer for administrative and clerical day-to day operations as the Appellant contends, we note that the qualifying language of this definition still requires the building be used as a place of business by persons “primarily engaged” in rendering services. It does not contemplate the use of property for purposes of storage of vehicles, equipment, construction materials and as a morning dispatch center for construction employees with incidental and accessory general office use.
HGMC Section 18.20.010 indicates that any word or phrase in question shall be defined by utilizing other specified sources. According to Lawinsider.com, “contractor’s yard” refers to a yard where equipment and materials are stored or where a contractor performs shop or assembly work. It is used by building trades or other construction contractors.” Moreover, Webster’s Dictionary, defines “office” as: a place where a particular kind of business is transacted or a service is supplied: such as a place in which the functions of a public officer are performed; the directing headquarters of an enterprise or organization or the place in which a professional person conducts business. These plain language definitions support the Director’s interpretation that the proposed principal use is a contractor yard, not an office.
3. Staff acknowledges that HGMC Section 18.70.060 sets forth requirements for non-residential uses including parking, storage, fencing, lighting, design, and maintenance. However, such regulations are applicable only to otherwise permitted non-residential uses. If the principal use is not permitted in the C-4 Zone such that a business operates without proper authorization, the regulations allowing ancillary storage and equipment uses do not apply. Moreover, while the HGMC may not categorically prohibit outdoor storage, there is no ambiguity that building materials of the type stored by the appellant are prohibited from being displayed outdoors (HGMC Section
18.70.060(I). In addition, exterior storage of vehicles and equipment, even if allowed, must comply with specified limits and standards including that they be fully screened.
Moreover, while outdoor storage alone does not transform the use to a contractor yard, as noted above, the Appellant’s storage of hardscape building materials, use of construction vehicles onsite, and observed construction business operations, taken in totality, all point to the conclusion that the use is a contractor yard.
4. Finally, staff notes that the intended business operations as a contractor yard is not compatible with the stated purposes of the C-4 Zone or the Hawaiian Gardens General Plan. Section 18.60.020 of the HGMC provides, 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 areas 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.” (HGMC
18.60.020(A).)
The Hawaiian Gardens General Plan - Land Use Element describes the policies and goals applicable to the City’s Commercial designations. These provide:
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.
Here, there is no indication that the Appellant is offering retail goods or services to residents or visitors. A resident or visitor cannot visit the site to obtain any services or buy any products. On the contrary, the current unpermitted use of the Property has produced complaints about noise. As noted previously, it is evident that the Property is being used by a contractor who does work and conducts business almost entirely off site.
In addition, the storage of contractor equipment and building materials on an unimproved lot, as well as closed gates are not characteristic of high-quality commercial development, which would ordinarily have a permanent building, signage, hours of operation, lighting, parking lot paving and striping. Allowing a contractor yard with equipment storage is incompatible with the purpose of the C-4 zone and general plan goals.
SECTION 3. 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 application. 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 4. 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 5. ADOPTION OF RESOLUTION
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.
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Maria Teresa Del Rio
Mayor