CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #A3
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
SUBJECT: CITY COUNCIL REVIEW OF APPEAL OF BUSINESS LICENSE DENIAL
PURSUANT TO HAWAIIAN GARDENS MUNICIPAL CODE, SECTION
5.04.230 AND 18.100.170 (APPELLANT: PRECISION ROOFING DBA A PRECISION CONSTRUCTION) FOR PROPERTY LOCATED AT 12347 E.
CARSON STREET
SUMMARY
The Community Development Department (“Department”) received the Business License Application for A Precision Roofing dba A Precision Construction (“Appellant”) on July 25, 2025 requesting a business license for Office and Professional Use at the property located at 12347 E. Carson Street. For the reasons stated below, the business license application for the proposed office use at the Property was denied by the Community Development Director because the primary use was determined to be a contractor storage yard that is not permitted by the City of Hawaiian Gardens’ General Commercial (C-4) zoning designation. Following the denial, the property owner appealed the decision, and the matter is now before the City Council pursuant to Hawaiian Gardens Municipal Code Sections 5.04.230 and 18.70.170.
RECOMMENDATION
It is recommended that the City Council consider the record of the decision by the Community Development Director denying the business license application for office use, hear public testimony, affirm the decision and adopt Resolution 035-2025, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, CALIFORNIA AFFIRMING THE DECISION BY THE
COMMUNITY DEVELOPMENT DIRECTOR AND DENYING BUSINESS
LICENSE APPLICATION FOR PRECISION ROOFING DBA A
PRECISION CONSTRUCTION AT 12347 E. CARSON STREET
12347 E. Carson Street
December 10, 2025
BACKGROUND
Location and Zoning Map
The subject site is located at 12347 E. Carson Street (“Property”) and is zoned C-4 General Commercial. The Property is also the subject of a pending City Council land use review of the Planning Commission’s approval of a minor use permit approving boat sales on the Property. The Property abuts other properties that are zoned C-4 General Commercial to the south (Enterprise Rent-A-Car), southwest, and east on Carson Street.
Properties to the west are zoned R-4 High Density Residential and located in the City of Hawaiian Gardens. Properties across the street from the subject site on Tilbury Street are zoned R-1 Single-Family Residential and located in the City of Lakewood. Properties to the northwest on Farlow Street are zoned R-1 Single Family Residential and located in the City of Hawaiian Gardens.
Source: Google Earth, June 28, 2025
Existing Site Conditions
There is a mobile home trailer on the site that dates back to 1971 and was used by the former tenant, Wood Doctor Manufactured Housing Construction, Inc. that sold and repaired mobile homes. The Property Owner has a business license to use the mobile home trailer for office use pertaining to the Property Owner’s boat sales business. The City approved the business license for office use prior to any formal planning approvals to help the Property Owner obtain financing for the purchase of the property in 2024 but is not deemed to be formal zoning approval.
Background
On July 25, 2025, Appellant submitted a request for a business license for office and professional use at the property. Upon review of the information provided and in accordance with the authority provided to the Community Development Director under Hawaiian Gardens Municipal Code (HGMC) Section 18.20.040, the Director interpreted provisions of the Zoning Code, and determined that the proposed principal use is not an 12347 E. Carson Street
December 10, 2025
office but is rather a contractor storage yard, which is not consistent with the permitted uses in the C-4 Zone. (The basis for this denial is described in more detail below.) Specifically, the application indicates that the Appellant is a roofing contractor that will conduct day-to-day office operations at the Property. The proposed office operations will be staffed by three administrative employees between the hours of 7 am to 5 pm, Monday through Friday. In addition, there will be three field workers. The application also indicates that the Appellant will operate three company trucks used for transportation to and from job sites and that no more than 10% of the area will be used collectively by all tenants for incidental outdoor storage of vehicles and supplies.
On July 29, 2025, Staff requested additional information from the Appellant. On August 12, 2025, the Appellant provided supplemental answers to questions posed by Staff. In addition to the office operations, Appellant also proposes to store construction materials onsite, including “roofing nail gun, hammers, air compressors, all roofing materials, solar cells/ materials for solar roofing installations, shovels, ladders, tarps, measuring tape, generators, saws, drills, hard hats, ladder hoist, caulking guns, brooms.” It is not clear where on the site this storage will take place.
Findings and Basis for Denial
On August 29, 2025, a letter was sent to the property owner and business owner denying the business license application. The proposed storage of building and roofing materials is strictly prohibited on any portion of a property in non-residential zones. Specifically, HGMC Section 18.70.060(G) states that “No portion of any property shall be used for storage of building materials, except when required for ongoing construction pursuant to a valid building permit issued by the City.” It is evident that storage of roofing materials on-site is a necessary component of Appellant’s business and not merely incidental outdoor storage of equipment and supplies. Taking all information about the proposed use into account, the Department determined that the primary use requested by this business license application is a contractor storage yard, notwithstanding the ancillary office operations.
The Department informed the Appellant that there is no dispute that the uses permitted in the C-4 Zone includes “general offices” and “administrative/professional offices” (HGMC Section 18.60.050). There is also no dispute that a “contractor yard” is not a permitted use in the C-4 Zone. Nevertheless, this decision was guided by 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:
12347 E. Carson Street
December 10, 2025
“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.”
The Appellant has argued 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 term “office” in the Code is interpreted to be more general in nature and may encompass a roofing contractor’s office use, we note that the qualifying language of this definition still requires the building to be used as a place of business by persons “primarily engaged” in rendering professional services. It does not contemplate the use of property for purposes of storage of vehicles, equipment, building materials and as a central dispatch center for construction employees in the field, while the office use is accessory to the primary roofing contractor services.
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, where equipment and materials are stored by a construction contractor.
While the Appellant may also intend to use the space as administration office, we concluded that the proposed office use is not the primary use.
3. Regulations for non-residential uses including parking, storage, fencing, lighting, design, and maintenance are set forth in HGMC Section 18.70.060. Further, Section
18.70.060(E) allows overnight exterior vehicle storage of up to ten vehicles or use of up to ten percent of lot area.” Staff did not dispute that Section 18.70.60(C) allows equipment to be “stored within an enclosed building or fully screened so as not to be visible from adjoining or adjacent lots.” However, such regulations are applicable only to otherwise permitted non-residential uses.
Staff believes that if the principal use is not permitted in the C-4 Zone, the regulations allowing ancillary storage and equipment uses do not apply. Moreover, while 12347 E. Carson Street
December 10, 2025
outdoor storage of certain materials, machinery, and equipment may be allowed under specified conditions, the Code categorically prohibits building materials of the type proposed by the Appellant from being stored or displayed outdoors (HGMC Section
18.70.060(G) and (I). In addition, exterior storage of vehicles and equipment, even if allowed, must comply with Nonresidential Regulations, such as Section18.70.010(H) pertaining to the paving and striping of off-street parking areas and specified limits and standards including that they be fully screened. In this case, no indication was provided that such conditions would be available to the Appellant or proposed to be remedied.
4. Finally, we note 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 Appellant is offering any retail goods or services to residents or visitors. There is nothing sold onsite that could be purchased by residents or visitors. A visitor cannot visit the site to obtain any services or buy any products. The proposed use does not provide any goods or services within walking distance of residents.
In addition, the storage of contractor roofing equipment and building materials on an unimproved lot, is not characteristic of high-quality commercial development, which would ordinarily have a permanent building and fencing, signage, lighting, parking lot paving and striping. In fact, an unpaved lot is considered a nuisance pursuant to 12347 E. Carson Street
December 10, 2025
18.70.080(B)(10). Furthermore, allowing a contractor yard with outdoor storage of building materials runs counter to the stated purpose of the general commercial (C-4) zone and goals of the general plan.
In summation, for the reasons outlined above, the Director determined that the proposed primary use is interpreted as a contractor yard.
RECOMMENDATION
Approve recommendation, find that the Appellant’s proposed use of the Property is not permitted in the C-4 Zone confirming the Director’s determination, affirm the Director’s decision denying the business license application and adopt Resolution No. 035-2025.
Alternative Option:
Find that the Appellant’s proposed use of the Property is consistent with the C-4 Zone and continue Public Hearing and direct staff to bring back a resolution reversing the decision, approving the business license, and imposing appropriate conditions of approval.
Attachment
Resolution No. 035-2025