Legislation Details

File #: HIST-3856    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 11/13/2006 Final action: 11/13/2006
Title: Appeal to the City Council by Joe Ramirez, dba Pacific National Security (3719/3723 Robertson Boulevard), from the August 16, 2006 Decision of the Committee on Permits & Licenses Conditionally Granting Pacific National Security a Security Guard Business Permit.
Attachments: 1. A-2__06_11_13_CA_06-11-13_CA_Ramirez_Appeal - FINAL.doc, 2. A-2 Pacific Security Appeal.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: The City Council should review the record of the meeting of the City of Culver City Committee on Permits and Licenses (“Committee”) held on August 16, 2006, and the Committee’s decision to conditionally grant a permit to Joe Ramirez, dba Pacific National Security (“Appellant”), to operate a security guard business from the location of 3719/3723 Robertson Boulevard, provided that Appellant rebuild a required trash enclosure within 90 days of the issuance of the permit, and determine whether there is a sufficient basis to grant the appeal and modify or overturn the Committee’s exercise of discretion. PROCEDURE: 1. Mayor calls for a brief staff report and receives and files all reports and notices. 2. Mayor invites the Appellant to address the City Council. 3. Mayor invites the Respondent (City Staff) to address the City Council. 4. Mayor invites public comment. 5. City Council discusses the matter and arrives at its decision. Meeting Date: 11/13/06 Item Number: A-2 AGENDA ITEM: Appeal to the City Council by Joe Ramirez, dba Pacific National Security (3719/3723 Robertson Boulevard), from the August 16, 2006 Decision of the Committee on Permits & Licenses Conditionally Granting Pacific National Security a Security Guard Business Permit. Contact Person/Dept.: Roland Miranda, Deputy City Attorney Phone Number: (310) 253-5660 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Appellant was notified (9/20/06). Courtesy notification letter was sent to neighbors and surrounding businesses within a 300 foot radius (10/3/06; 10/5/06; 10/9/06). Master notification list (11/08/06). Department Approval: Carol Schwab (by H. Iker 10/03/06) City Manager Approval: Jerry B. Fulwood (11/08/2006) City Controller Approval: Marlee Chang (11/07/2006)City of Culver City, California City Council Agenda Item Report BACKGROUND: On August 16, 2006, during its regularly scheduled meeting, the Committee considered Appellant’s application to operate Pacific National Security, a security guard business, at 3719/3723 Robertson Boulevard. The Committee conditionally granted the permit, provided that the Appellant rebuild a previously-removed trash enclosure required by the Culver City Municipal Code (“CCMC”) and the applicable development standards. A copy of the minutes of the meeting is included with this report (Attachment 1). Also included is a copy of the permit that was issued to Appellant (Attachment 2). Subsequently, on August 21, 2006, Appellant filed a request for appeal of the Committee’s decision (Attachment 3). During the August 16, 2006 meeting, City staff presented a brief report to the Committee about the history of the removal of the trash enclosure by Appellant in violation of the CCMC and the applicable development standards. City staff’s report also highlighted staff’s attempts to gain Appellant’s cooperation in correcting the violation, by bringing the property into compliance with the CCMC and the applicable development standards. In that regard, between March 2005 and June 2006, various members of the City’s Planning, Code Enforcement and City Attorney’s Office advised Appellant of the requirements for an enclosed trash container area. Those requirements are found in CCMC § 5.01.100.B (which requires that trash containers found in any commercial zones be kept in trash enclosures) and in § 401 of the applicable Owner Participation Agreement (which requires that the site on which Appellant’s business is located be developed only in accordance with that agreement and that any new or additional construction or development be approved by the Culver City Redevelopment Agency). CCMC § 5.01.100.B and § 401 of the Owner Participation Agreement are included with this report (Attachments 4 and 5, respectively). The plans for the development of this property were submitted and approved by the Culver City Redevelopment Agency on April 1, 1985 (Attachment 6). Those plans required a trash enclosure in conformance with the requirements of the CCMC (Attachment 7). In response to the City’s advisements regarding the required enclosed trash container area, Appellant offered various arguments why he should not have to comply with the trash enclosure requirements. Appellant’s most frequent argument was that, prior to its removal, the trash enclosure had been used by vagrants and had thereby adversely impacted the safety of Appellant’s employees as they came to or left from Appellant’s premises. At other times, Appellant has also contended that the trash enclosure requirement was intended to apply only to the prior occupant of the premises but not to Appellant and that the trash enclosure requirement was only intended to apply to new businesses. City staff does not agree with these contentions. City of Culver City, California City Council Agenda Item Report During the course of the Committee’s August 16, 2006 meeting, Appellant argued that the presence of the required trash enclosure created a safety issue for his business because it attracted vagrants. Appellant also argued that Section 5.01.100.B of the CCMC was outdated and, therefore, did not apply to Appellant’s business. DISCUSSION: After the Committee’s consideration of staff’s report on the history of the removal of the trash enclosure, as well as testimony and arguments provided by Appellant, the Committee granted Appellant’s permit, conditioned upon Appellant rebuilding the trash enclosure Appellant had previously removed. The Committee’s decision was pursuant to CCMC § 11.01.340.B (Attachment 8), which authorizes the Committee to grant a permit subject to such conditions as in its judgment the public interest may require. In making its determination to condition Appellant’s permit on the rebuilding of the missing trash enclosure, the Committee made the following findings:  Appellant’s business is located within a commercial zone and CCMC § 5.01.100.B requires that all trash containers located in commercial zones be kept within a trash enclosure.  An enclosed trash container was also a condition imposed on the redevelopment of the site on which Appellant’s business is located.  One of the standard conditions of approval of a permit issued by the Committee is that a permittee comply with all laws. Because Appellant was already in violation of the CCMC, due to Appellant’s unlawful removal of the required trash enclosure, the Committee found it in the public interest to condition Appellant’s permit on rebuilding such trash enclosure within 90 days of the issuance of Appellant’s permit in order to bring his property into compliance with the CCMC and applicable development standards. Council should consider the record of the meeting, particularly the basis for the Committee’s decision, and determine whether there is a sufficient basis to grant the appeal and modify or overturn the exercise of discretion by the Committee. FISCAL ANALYSIS: Not applicable.City of Culver City, California City Council Agenda Item Report ATTACHMENTS: 1. Copy of the minutes of the Committee’s August 16, 2006 meeting. 2. Copy of Appellant’s permit. 3. Appellant’s request for appeal. 4. CCMC § 5.01.100.B. 5. § 401 of the Owner Participation Agreement. 6. Culver City Redevelopment Agency letter dated 4/15/85. 7. Building permit application for 3719/3723 Robertson Boulevard. 8. CCMC § 11.01.340.B. MOTION: That the City Council: 1. Find that the Committee on Permits and Licenses did not abuse its discretion in reaching its decision and uphold the August 16, 2006 decision of the Committee to conditionally grant Appellant’s permit, provided that Appellant rebuild the required trash enclosure within 90 days of the issuance of the permit; OR 2. Find that the Committee on Permits and Licenses abused its discretion in reaching its decision and reverse the Committee’s August 16, 2006 decision and remand the matter to the Committee for further consideration (with appropriate instructions). (The reasons for this action should be stated on the record); OR 3. Find that the Committee on Permits and Licenses abused its discretion in reaching its decision, reverse the Committee’s August 16, 2006 decision and order that the permit be issued (under whatever conditions the Council may deem appropriate). (The reasons for this action should be stated for the record) /1 ‘193i0co MEETING DATE: 10/ / 6 AGENDA ITEM: Appeal to the City Council by Joe Ramirez, dba Pacific National Security (3719/3723 Robertson Boulevard), from the August 16, 2006 Decision of the Committee on Permits & Licenses Conditionally Granting Pacific National Security a Security Guard Business Permit. ATTACHMENTS Pages 1. Copy of the minutes of the Committee's August 16, 2006 meeting 1-6 2. Copy of Appellant's permit 7 3. Appellant's request for appeal 8 4. CCMC § 5.01.100.B 9 5. § 401 of the Owner Participation Agreement 10-11 6. Culver City Redevelopment Agency letter dated 4/15/85 12-13 7. Building permit application for 3719/3723 Robertson Boulevard 14-16 8. CCMC § 11.01.340.B 17Avrrk.4414 ear Ui REGULAR MEETING COPY COMMITTEE ON PERMITS AND LICENSES WEDNESDAY, AUGUST 16, 2006 10:00 A.M. CITY HALL, MIKE BALKMAN COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER AT 10:04 A.M. THE CHAIRMAN CALLED THE COMMI I I EE ON PERMITS AND LICENSES TO ORDER. MARTIN COLE, ASSISTANT CITY MANAGER PAUL SAMARAS, ASSOCIA 1 E PLANNER NAGAM RAO, TREASURY DIVISION MANAGER INSPECTOR CARPENTER, FIRE DEPARTMENT LIEU IENANT D'ANJOU, POLICE DEPARTMENT 2. ROLL CALL CHAIRMAN: MEMBER DESIGNEES: STAFF: HEATHER IKER, DEPUTY CITY ATTORNEY ANTHONY KARROUM, BUSINESS TAX INSPECTOR 3. RECEIVE AND FILE SECRETARY'S REPORT - POSTING OF AGENDA MOTION: LT. D'A.NJOU SECOND: MR. RAO That the Committee receive and file the Secretary's Report, which reflects the posting of the agenda for today's meeting. PASSED UNANIMOUSLY 4. APPROVAL OF MINUTES OF JULY 26. 2006 Discussion: Mr. Cole wished to amend the minutes to reflect the title changes, effective as of July 1, 2006, from Chief Administrative Officer, and Assistant Chief Administrative Officer, to City Manager, and Assistant City Manager, respectively. MOTION: LT. D'A.NJOU SECOND: INSP. CARPENTER That the Committee approve the minutes of the July 26, 2006 Committee meeting as amended. PASSED UNANIMOUSLY REGULAR CALENDAR ITEMS: 5. SIDEWALK SALE Ratification of the approval for permit given on July 20, 2006, by the Chief Administrative Officer and the Deputy City Treasurer, pursuant to C.C.M.C. Section 11.01.515, to Ruben Gonzalez, Store Manager, PEP BOYS #894, to conduct an outdoor sale at the commercial location of 4520 Sepulveda Blvd., on Friday, July 21, 2006, and Saturday, July 22, 2006, from 8:00 a.m. to 5:00 p.m. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. Previous permits have been issued. - AND -6. LECTURE/LIMITED TIME PERFORMANCE Ratification of the approval for permit given on July 20, 2006, by the Chief Administrative Officer and the Deputy City Treasurer, pursuant to C.C.M.C. Section 11.01.515 to Katya Bozzi, Executive Director, S. T. A. R. INC. dba ECO STATION, to conduct a private children's movie screening and after party with dancing, and live music, at the commercial location of 10117 Jefferson Bl., and 10101 W. Jefferson Bl., for tours and stage programs, on Saturday, July 22, 2006, from 12:00 p.m. to 6:00 p.m., provided that all terms and conditions set forth by the Culver City Police Department, Planning Division and the Fire Prevention Bureau are met and adhered to at all times. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. Previous permits have been issued. - AND - 7. LECTURE/LIMITED TIME PERFORMANCE Ratification of the approval for permit given on July 20, 2006, by the Chief Administrative Officer and the Deputy City Treasurer, pursuant to C.C.M.C. Section 11.01.515 to Tom Zakarian, V. P. Marketing Communications, DAIMLER CHRYSLER, to conduct a consumer reception with a sholt presentation with three (3) cars on display inside the venue, serving horsd'ouevres, at the commercial location of 8549 Higuera St., (Smashbox Studios), on Wednesday, July 26, 2006, from 11:00 a.m. to 8:00 p.m., provided that all terms and conditions set forth by the Culver City Police Department, Planning Division and the Fire Prevention Bureau are met and adhered to at all times. This is their first application for permit. - AND - 8. LECTURE/LIMITED TIME PERFORMANCE Ratification of the approval for permit given on July 24, 2006, by the Chief Administrative Officer and the City Treasurer, pursuant to C.C.M.C. Section 11.01.515 to Barry Reed, Chairperson, SO. CAL. REGION OF NARCOTICS ANONYMOUS, to conduct a speaker meeting and dance at the Veterans' Memorial Complex, on Saturday, July 28, 2006, from 5:00 p.m. to 1:00 a.m., provided that all terms and conditions set forth by the Veterans' Memorial Complex Management are met and adhered to at all times. Previous permits have been issued. - AND — 9. LECTURE/LIMITED TIME PERFORMANCE Ratification of the approval for permit given on August 3, 2006 by the Chief Administrative Officer and the City Treasurer, pursuant to C.C.M.C. Section 11.01.515, to Patty Harte Hooper, President, HEADS 2 TAILS FOUNDATION, to conduct a carwash fundraiser to locate homes for cats, at the commercial location of 5299 Sepulveda Blvd., (Centinela Feed & Pet Supplies), on Saturday, August 5, 2006, and Sunday, August 6, 2006, from 12:00 p.m. to 4:00 p.m., provided that all terms and conditions set forth by the Culver City Police Department, Planning Division, and the Fire Prevention Bureau are met and adhered to at all times. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. This is their first application for permit. - AND — 10. SIDEWALK SALE Ratification of the approval for permit given on August 7, 2006 by the Chief Administrative Officer and the Deputy City Treasurer, pursuant to C.C.M.C. Section 11.01.515, to Scott Rauchwarger, Marketing Coordinator, EZ LUSE, L. L. C., to conduct Customer Appreciation Days to create customer awareness, with balloon streamers, at the commercial location of 5380 Sepulveda Blvd., from Friday, August 11, 2006, through Saturday, August 12, 2006, from 7:30 a.m. to 8:00 p.m., provided that all terms and conditions set forth by the Culver City Police Department, Planning Division, and the Fire Prevention Bureau are met and adhered to at all times. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. Previous permits have been issued. - AND -copy 11. LECTURE/LIMITED TIME PERFORMANCE Ratification of the approval for permit given on July 28, 2006 by the Chief Administrative Officer and the City Treasurer, pursuant to C.C.M.C. Section 11.01.515, to Joseph D. Miller, Corporal, U. S. ARMY, to conduct a non- profit event showing support to the people and what it is like to be in the military, at the commercial location of 515 Culver Blvd. (east of Cardiff Ave.), on Monday, August 14, 2006, from 9:00 a. m. to 5:30 p.m., and on Tuesday, August 15, 2006 provided that all terms and conditions set forth by the Culver City Police Department, Planning Division, and the Fire Prevention Bureau are met and adhered to at all times. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. This is their first application for permit. MOTION: MR. SAMARAS SECOND: INSP. CARPENTER That the Committee approve these items from the regularly scheduled agenda items. PASSED UNANIMOUSLY 12. LECTURE/LIMITED TIME PERFORMANCE Application by William Criswell, Member, BEST FRIENDS ANIMAL SOCIETY, to conduct a pet adoption event, at the location of 9070 Venice Blvd., (Media Park), on Saturday, September 2, 2006, from 11:00- a.m. to 3:00 p.m., provided that all terms and conditions set forth by the Culver City Police Department, Planning Division, and the Fire Prevention Bureau are met and adhered to at all times. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. This is their first application for permit. Discussion: Mr. Samaras asked Mr. Criswell to give a description of exactly what kind of activity will take place at the event. Mr. Criswell stated that it is basically an adoption for animals that the organization has pulled from the local shelters. They set up a tent or two tents, and a table, with brochures, explaining what the organization does. They do accept donations, if people want to donate, they do not solicit donations, but if people want to donate, that is fine. They show the animals, anywhere from five (5) to ten (10), in a controlled condition. The animals are in crates, with a trained handler for each animal. They do not directly adopt the animals from there; they take applications to ensure that the animals will be going to a good home with a positive environment. Then follow-up phone calls are made. Mr. Samaras asked if the animals are removed from their crates at all. Mr. Criswell answered in the affirmative, explaining that this is usually done to walk the animals around to go to the bathroom. Mr. Samaras asked if the organization will be setting up on the sidewalk or is the event going to take place further into the property. Mr. Criswell replied that they would set up a little further in from the side-walk, they were hoping to set up on the grass. Mr. Samaras said okay. MOTION: MR. SAMARAS SECOND: MR. RAO That the Committee approve this item from the regularly scheduled agenda items PASSED UNANIMOUSLY 13. LECTURE/LIMITED TIME PERFORMANCE Application by Alan Kummer, Owner, THE MATTRESS STORE, to conduct a Labor Day sale event, displaying seven (7) small sale signs, and plus an A-Frame sign that will be at the corner to total 8 signs, not on public property, from the commercial location of 5577 Sepulveda Blvd., on Saturday, September 2, 2006, through Monday, September 4, 2006, from 8:00 a.m. to 9:00 p.m., with take-down occurring on Tuesday, September 5, 2006, provided that all terms and conditions set forth by the Culver City Police Department, Planning Division, and the Fire Prevention Bureau are met and adhered to at all times. Applicant has provided a site plan approved by the Culver City Police Department, Planning Division and the Fire Prevention Bureau. Previous permits have been issued. MOTION: MR. SAMARAS SECOND: INSP. CARPENTER That the Committee approve these items from the regularly scheduled agenda items. PASSED UNANIMOUSLY 3LI 14. SECURITY GUARD SERVICE Application by Joe Ramirez, President, PACIFIC NATIONAL SECURITY, INC., to conduct a business of security guard services in Culver City from the commercial location of 3719 S. Robertson Blvd., provided that the applicant is truthful and honest in his responses to the questions regarding criminal history on the Application for Permit — Police Department. Applicant has provided a copy of his Private Patrol Operator license from the Bureau of Security and Investigative Services. This is their first application for permit. Discussion: Mr. Samaras asked Mr. Ramirez if he was familiar with the situation regarding the trash enclosure that was removed from the property. Mr. Ramirez replied in the affirmative. Mr. Samaras asked Mr. Ramirez if it is his intention to provide a new trash enclosure on the site. Mr. Ramirez stated that it is his intention, as he is leasing the space from the property owner, to turn this matter over to the owner, and it was Mr. Ramirez' intention to get Culver City's assistance in getting some sort of permit, possibly on a fee type basis, to not have the trash enclosure built. Mr. Ramirez addressed the issue that the property has had homeless people, employees attacked, human waste outside the building, urine, crashed bottles, which all pose very serious sanitary hazards, as well as safety hazards for their employees. Mr. Ramirez stated that the City is telling him to put a trash enclosure in. Mr. Ramirez stated that he is trying to figure out whether the City, which is willing to put his employees in danger, can guarantee or provide assistance with regards to this particular matter. The City has actually issued his business plastic trash containers in the front of the building. Mr. Ramirez stated that he thinks the City's Code is outdated and that hopefully is not applicable to this situation. Mr. Miranda went over the brief history of this matter, which dated back to the Spring of 2005, at least. Since that time, Code Enforcement, Planning, and the City Attorney's Office, has been advising, the applicant, Mr. Ramirez and his company, that the City has a requirement for a trash enclosure, and that requirement is based on both the Municipal Code, and the terms and conditions of the Redevelopment Agency. This is Redevelopment property, and there were standards that apply to the whole redevelopment area. Under both of those circumstances there is a requirement for a trash enclosure. Mr. Miranda stated that the City has sent Mr. Ramirez several notices, stating that when Mr. Miranda met with Mr. Ramirez, Mr. Ramirez agreed to comply within ninety (90) days; that was in the early part of 2006. The ninety days expired sometime in May 2006. Mr. Miranda stated that the City has explained to Mr. Ramirez repeatedly that if he wants to change the code, the only thing he can do, is go to the City Council, if that is what he wants to do, but unless, there is a change of the Code, or a change in the terms and conditions that Redevelopment Agency conveyed this property under, then the City needs the applicant to put a trash enclosure on the property. Mr. Samaras wanted to explain that the Committee is not opposed to Mr. Ramirez' business operating, and they have been operating for some time now, at that location. The City does not want to be an obstruction, in this particular case. Mr. Samaras asked the applicant if he would be opposed to a condition to this permit, to make it a ninety day permit (one more time), to give him and the owner one more chance, to put in the trash enclosure. Mr. Ramirez replied that he does not think he has a choice; however he wanted to submit to the committee, that he would like to address the City Council, to discuss the outdated code, which he believes is not applicable to this situation. Mr. Cole addressed Mr. Ramirez, telling him that he is more than welcome to address the City Council, and that it is beyond the Committee's authority to waive the requirements of the Municipal Code in this particular section. With respect to this permit application, the Committee may not be in a position to grant it, unless we reference a higher body of authority, which is the City code. Ms. Iker stated that whatever decision is reached by the Committee on Permits and Licenses, today, whether it is to deny it, or condition it upon the applicant building the trash enclosure within a specific period of time, and the applicant is not satisfied with the decision, whether it is a condition that is placed on the applicant or it is the denial of the permit, then the applicant has five days to appeal the decision to the City Council, in which the applicant would need to submit a written request to the secretary of the Committee. Mr. Cole suggested that if indeed Mr. Ramirez wanted to address the City Council, by making the appeal, the item is before them (the Council), and depending on how this requirement was placed on the property, the Council may be able to take action on the appeal of the Committee's decision that would resolve the issue one way or another. Mr. Samaras stated that the applicant could apply for a variance in this instance. Mr. Cole stated that if the Committee determined to issue the permit today, or conditionally issue it, if the applicant were to appeal the decision to the Council, the way to deal with this is through a variance process. 4Mr. Cole explained that a "variance" process is a very specific process and is different than the appeal process. Mr. Cole suggested that the Committee deal with this permit application first, and then I may be in a position to give the applicant some advice and some alternatives, or the applicant may speak to members of the Planning staff, or members of the City Attorney's staff. Ms. Iker confirmed the time for appeal, stating that any decision that is reached by the Committee today, may be appealed in writing, within five (5) days of the decision. That needs to be submitted in writing to the Secretary to the Committee. Mr. Cole advised Mr. Ramirez to keep all of the options open if he wants to appeal the decision. Mr. Cole suggested that the Committee make its decision on the permit, then Mr. Ramirez will know which avenues are open to him. Mr. Samaras suggested that the Committee approve the permit with the condition that within ninety (90) days the business has obtained the proper permits and built the new trash enclosure. Mr. Cole asked if at the end of ninety days there is no trash enclosure the permit will expire. Mr. Samaras confirmed this statement. Mr. Cole added that this is all subject to appeal or the City Council's action. MOTION: MR. SAMARAS SECOND: LT. D'ANJOU COPY That the Committee approve this item as amended from the regularly scheduled agenda items. PASSED UNANIMOUSLY 15. MAIL ORDER Application by Michael Carpenter, President, WINE CELLAR SERVICES, to conduct a business of retail wine sales via mail/internet from the home (ffice use only location, of 4132 Irving Place provided that the applicant is truthful and honest in his responses to the questions regarding criminal history on the Application for Permit — Police Department. Applicant has provided a copy of their Alcohol Beverage License from the Department of Alcoholic Beverage Control. This is their first application for permit. Discussion: Mr. Samaras wanted to confirm that there is a condition of the approval to prohibit any storage of wine at the applicant's business location. Mr. Rao asked if there were any conditions regarding signage on the property. Mr. Rao's concern is that there is a school nearby and there should not be any advertising or any mention of any liquor sales at the premises. Mr. Rao would like to add this condition as part of the approval for permit. Ms. Iker wanted to mention that this would be a good idea as a condition to the permit. The Municipal Code prohibits commercial signage on residential properties. Mr. Cole stated that it should be noted very clearly that this permit is a request for internet sales of wine only. There is no storage on site, there should be no signage. The permit will be issued so that the business can occur but there is no impact to the surrounding neighborhood, including the nearby school. MOTION: MR. SAMARAS SECOND: MR. RAO That the Committee approve this item as amended from the regularly scheduled agenda items. PASSED UNANIMOUSLY 16. BONAFIDE RESTAURANT-NO ENTERTAINMENT Application by Yuki Ishiba, Owner, K-ZO, to conduct a full dining service restaurant, serving alcohol, with no entertainment at the commercial location 9240 Culver Blvd. provided that the applicant is truthful and honest in her responses to the questions regarding criminal history on the Application for Permit — Police Department. This is their first application for permit. - AND - 17. TALENT/MODELING AGENCY Application by Francine Champagne, President, VISION MODELS, to conduct a business of talent/modeling agency from the commercial location of 8500 Stellar Drive #8 office use only, provided that the applicant is truthful and honest in her responses to the questions regarding criminal history on the Application for Permit — Police Department. This is their first application for permit. MOTION: MR. SAMARAS SECOND: INSP. CARPENTER That the Committee approve these items from the regularly scheduled agenda items. PASSED UNANIMOUSLY 518. MASSAGE TECHNICIAN Application by Li Wen Hai, Owner/Technician, LI IVEN HAI, to conduct a business of massage technician from the commercial location of 294 Fox Hills Mall #A (Relaxation Stop). Applicant has passed the Los Angeles County Health Department's Massage Technician Examination, has provided a physician's statement of health, and the required identification photographs. Applicant has been provided a copy of the "Rules and Regulations Governing Massage Businesses and Technicians". This is his first application for permit. Discussion: Li Wen Hai, Owner/Technician, was present at the Committee meeting to clarify and answer any questions or concerns. Mr. Cole asked the applicant, through translator Kathy Tsao, if he received and read the rules and regulations governing massage businesses and technicians. Mr. Li Wen Hai answered in the affirmative. Mr. Cole asked the applicant, through translator Kathy Tsao, whether he had read and understood the "Rules and Regulations Governing Massage Businesses and Technicians for the City of Culver City". Mr. Li Wen Hai answered in the affirmative. Mr. Cole asked the applicant, through translator Kathy Tsao, whether he understood that any violation of the "Rules and Regulations Governing Massage Businesses and Tecrinicians for the City of CuWer City" may be grounds fa revocation of his permit. Mr. Li Wen Hai answered in the affirmative. MOTION: MR. RAO SECOND: MR. SAMARAS That the Committee approve this item from the regularly scheduled agenda items, provided that the "Rules and Regulations Governing Massage Businesses and Technicians" are met and adhered to at all times. PASSED UNANIMOUSLY 19. ADJOURNMENT MOTION: MR. RAO SECOND: LT. D'ANJOU That the meeting be adjourned at 10:35 a.m., until the next regular meeting to be held on Wednesday, August 23, 2006, at 10:00 a.m. PASSED UNANIMOUSLY Respectfully submitted, cOrt Anthony Karroum, Secretary 6Date: August 16, 2006 Signed Secretary mmittee on Permits and Licenses PRINTED ON RECYCLED PAPER rmr- ACI4 piEvr dZ CITY OF CULVER CITY 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507 PERMIT Committee on Permits and Licenses Jerry Fulwood, City Manager, Chairman POST IN A CONSPICUOUS PLACE Name of owner(s) or Corporation: Joe Ramirez President DBA PACIFIC NATIONAL SECURITY, INC. Business Address 3719 S. Robertson Blvd., Culver City, CA 90232 Type of Business To conduct a business of security guard services from the above commercial location. Date of Committee Action August 16, 2006 This permit is granted subject to the following conditions and/or restrictions: 1. The permitee must promptly pay all necessary permit and license fees and fully comply with all applicable laws. 2. This permit may be canceled at any time in the event that the activity for which this permit has been granted becomes detrimental or objectionable to the public health, morals, safety or general welfare; or it conflicts with any city, State or Federal law. 3. All terms and conditions set forth by the Culver City Police Department, Planning Division, and Fire Prevention Bureau must be met and adhered to at all times. 4. The missing trash , enclosure must be rebuilt on the premises, in full compliance with the Culver City Municipal Code, within ninety (90) days of the approval of this permit. #064260 THIS PERMIT IS TO BE POSTED IN A CONSPICUOUS PLACE AT THE LOCATION FOR WHICH IT IS ISSUED, OR IN THE VEHICLE TO WHICH IT IS ISSUED. IF A GREEN BUSINESS TAX CERTIFICATE IS ALSO REQUIRED, THE TWO DOCUMENTS SHALL BE POSTED TOGETHER. THIS DOCUMENT MUST BE AVAILABLE, AND SHALL BE PRESENTED FOR IMMEDIATE INSPECTION UPON REQUEST BY A CULVER CITY POLICE OFFICER, THE FIRE DEPARTMENT, THE BUSINESS TAX DIVISION OFFICIALS/F1ELD INSPECTORS, CODE ENFORCEMENT, OR ANY OTHER REPRESENTATIVE OF THE CITY ACTING IN THEIR OFFICIAL CAPACITY ON BEHALF OF THE CITY. THIS PERMIT IS GOOD FOR THE PERIOD INDICATED IN THE "TYPE OF BUSINESS" SECTION ABOVE. IF NO DATE APPEARS IN THAT SECTION, 111E PERMIT IS GOOD UNTIL THE TERMINATION OF BUSINESS IN CULVER CITY, OR UNLESS/UNTIL THE PERMIT IS CANCELED BY THE COMMITTEE FOR A VIOLATION OF THE CONDITIONS AND/OR RESTRICTIONS INDICATED ABOVE. (PLEASE NOTE: THE GREEN BUSINESS TAX CERTIFICATES EXPIRE ON DECEMBER 31ST OF EACH CALENDAR YEAR, AND A BUSINESS TAX RENEWAL STATEMENT AND APPLICABLE BUSINESS TAXES MUST BE SUBMITTED EACH YEAR TO OBTAIN A NEW GREEN CERTIFICATE.)3 AvrgrAc14 mew' 3719 South Robertson Blvd Culver City, CA 9023: Phone 310.842.707: Fax 310.842.707= www.pacific-companies.corr CA Lc. A 79135; PPO# 116W RECEIVED 06 AUG 22 AM ID 45 CITY t11_ 1jF,R A the City Official's time regarding our appeal. PACIFIC COMPANIES Pacific Construction Enterprises Inc. Pacific National Smolt); Inc. August 21, 2006 Attn: Secretary, Business License Committee City of Culver City 9770 Culver Boulevard Culver City, California Ca 90232 Attn: Secretary This letter is sent as an appeal to the decision on the business license of Pacific National Security, Inc. On Wednesday, August 16, 2006 the decision was made to grant our company a business license from the City of Culver City based on the condition of our firm constructing an enclosed trash bin structure outside our building within 90 days; per city code. We have made several attempts through the City Planning Division and the office of the District Attorney to be exempt from the code for several reasons. Our company had removed the original concrete trash bin since the structure attracted numerous threats. Many times, homeless individuals that slept behind the trash bin threatened our employees. Additionally, we found human waste, broken glass bottles, drug paraphernalia and trash near the area on almost a daily basis. Since our occupancy, the City has provided our building with plastic containers in front of the building for our trash. To add an enclosed trash bin to follow what seems to be an outdated city code, we feel is excessive and poses a safety and sanitary hazard. I would like to submit this letter as a matter of record and the hazards exposed to our employees and the liability that exists for the City of Culver City. Please take our appeal into consideration and the opportunity to present our case to the City Council. We ap cer c r i; o amirez Pr sident P cific National Security, Inc.Arr hav mrtr|109| Culver City - Public Works § 5.01.090 DISPOSAL TO BE OUTSIDE CITY. Disposal of solid waste shall be made outside of the City limits, unless otherwise specifically authorized by the Chief Administrative Officer. (Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part)) § 5.01.095 PERMIT FOR NON-CITY SERVICE VEHICLES; CONTAINERS. A. A permit must be obtained from the City Agent by any handler desiring to operate privately B. Closure requirements. Every container, including compactors, used in any residence of four (4) or more, and in any commercial, manufacturing or industrial zone, shall be provided with and kept in an enclosed container area. 1. Areas for containers and compactors shall be of adequate size to accommodate the required number and size containers and compactors as assigned by the Sanitation Manager. 2. Location of container areas shall be jointly approved by the Sanitation Manager and the Planning Director. owned vehicles and containers on City streets for the handling of solid wastes, recyclable materials and recyclable waste materials. B. The permit must be prominently displayed on each vehicle at all times it is within the City. C. Vehicles other than containers must be water-tight, provided with a tight cover, and so operated as to prevent the escape of offensive odors and solid waste and recyclable materials from being blown, dropped or spilled. D. Failure to display a permit as provided by this Section shall be a violation of this Chapter. E. Vehicles and containers without such permits which are left on the City right-of-way may be removed by the City at the owner's expense. (Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part)) § 5.01.100 NEW CONSTRUCTION REQUIREMENTS. A. Applicability of section. The regulations hereinafter set forth shall apply to all construction within the City, including any construction wherein an existing building is modified, altered or added to or pursuant to a building or demolition permit. 3. Each area shall be cement paved, enclosed with a six-foot high masonry wall, using materials, color, and texture compatible with the building(s) it services, and be provided with six-foot minimum width opaque doors for ready removal of containers. 4. The intersection of the enclosure wall with both the cement floor (internal) and with the external surface adjoining the wall, shall be radius a minimum of 1.5 inches. 5. Each container shall remain in the enclosure with doors closed when not in use. 6. The enclosure and doors shall be maintained as constructed and remain in working order at all times. C. Building and Demolition Permits. 1. City Building and Demolition Permits are issued with the condition that the permittee agrees to abide by the provisions of this Chapter. 2. In addition to the provisions set forth in § 5.01.105, the City may stop work being performed pursuant to a building and/or demolition permit issued to a person violating any provision of this Chapter. 2003 S-5tAgNr 20/54-1 WASHINGTON-CULVER REDEVELOPMENT PROJECT NO. 3 CULVER CITY, CALIFORNIA OWNER PARTICIPATION AGREEMENT By and Between CULVER CITY REDEVELOPMENT AGENCY, Agency DELBERT W. BLEHM and SHARON L. BLEHM ParticipanIV. i§ 400] USE OF THE SITE A. (§ 4013 Uses The Participant covenants and agrees (for himself, his successors, assigns, and every successor in interest to the Site or any part thereof) that during construction and thereafter, the Participant, such successors, and such assigns shall devote the Site (or any part thereof), to the uses specified therefor in the Redevelopment Plan, the grant deed conveying the Site to the Participant, the Scopesof Development, and plans approved by the Agency pursuant thereto. The Site shall be developed in accordance with this Agreement. No new or additional construction and development shall be permitted on the Site unless plans therefor have been submitted to and approved by the Agency. B. IS 4021 Maintenance of the Site The Participant shall maintain the improvements on the Site and shall keep the Site free from any accumulation of debris or waste materials, subject to normal construction jobsite conditions. The Participant shall also maintain the landscaping required to be planted under the Scope of Development (Attachment No. 3) in a healthy condition. C. j§ 4031 Obligation to Refrain from Discrimination The Participant covenants and agrees for himself, his successors, assigns and. every successor in interest to the Site or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall the Participant, himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site. D. [5 404] Form of Nondiscrimination and Nonsegregation Clauses The Participant shall refrain from restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure, or enjoyment of the Site (or any part thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person. All such deeds, leases, or contracts pertaining thereto shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee 'itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees,ATTAC 14(MOW CULVER CITY REDEVELOPMENT AGENCY 9770 CULVER BOULEVARD s C1JLVER CITY • CALORN1A 90230-0507 • Grneral inforrnation (213)202-5773 Project 1 (L)202-174 Project 2 (213) 202-5773 Project (2I3)202-76I April 15, 1985 Mr. & Mrs. Delbert Blehm c/o-Jancr Tool 3431 Wesley Street Culver City, CA 90230 Re: 3723 Robertson Boulevard Dear Del and Shari: The Culver City Redevelopment Agency at its April 1, 1985 meeting, reviewed the conceptual/preliminary plans which you submitted to develo p 3723 Robertson Boulevard. Following the conclusion of its discussion, the Agency unanimously adopted the following motion: 1. That the Agency approve the conceptual/preliminary drawings for the construction of a machine shop at 3723 Robertson Boulevard subject to the following corrections to be incorporated on the final construction and landscape plans; a. 6" high concrete curbing around all landscape areas except where abutting walls. b. dimensions of refuse collection area. c. designation of disabled parking space. d. accessibility modifications to render tenant spaces in the building accessible to the disabled. e. "Tex-Cote" or other similar coating be applied to the northerly exterior building wall, and 2. That the Agency delegate to staff the review and approval of the Final Construction and Landscape plans, and;WeCUJL E)4/ ' SUSAN BERGg Redevelopme Project Manager Mr. & Mrs. Delbert Blehm Re: 3723 Robertson Boulevard 4/15/1985 Page 2 3. That Blehm return to the Agency for approval of all proposed signs, and; That, within 10 day of Agency's approval of Blehm's evidence of financing, Agency Chairman is authorized to execute a Right of Entry to Blehm, as well as such other documents as Blehm's lender may require, subject to advance Agency counsel approval of said documents. I look forward to receiving your construction plans and evidence of financing as the next steps in the process. Sincerely, cc: George Newhouse chuck Peregoy•-n Bill Ding sk/121/531 /.3' I coupancy Type 1. ,|1010|- Construction Type Iwner FOR OFFICIAL USE ONLY I IUN 1-011 DUILUIINita rartivii c PRINT, YOU ARE MAKING r1' COPIES) /NMI; Foot. - ob Address /"0 Square Feet Above Grade - _ .0, -7 ecral: Map Book I- Page ---- Parcel Square Feet Below Grade / one Lot Tr'act ' Valuation $ t--7 •' c- •-7 Description of Work: 0 Alter 0 Repair 0 Demoli 0,New 0 Misc. 0 Additic 9 - Commercial 0 Reside „ /ailing Address iej10110 (7111101116W .„ , - 6/. 'hone Number 'hone Number 3tate License Number rype city Business License No 6.7-7)0.,/, • .,-- Engineer 4.- 7/ —./ .44/ (/ - Address Permit Fees , Plan Check # 162 -5 Plan Check Fees Plan Check Deposit Balance of Plan Check Fees Bedroom Tax Sewer Facility Fees Street Use Fee Investigation / (": . • .::-.- Approvals Inspector Date Foundation Concrete Slab Wall Steel & Grout Floor Joist Roof Nail Sheer Panel Framing Exterior Lath Insulation 0 Wall 0 Ceiling Interior Lath _ . Dry Wall Nail Scratch Coat Brown Coat Final Inspection , C-4- Application Received By- Date:/ Application Approved By: Date ./4 •--1" 41.,-_,4-:,?Izx Permit Issued By: Date. Phone Number State Registration Number Architect /// ,/,),1V4 Address (9 ,3 - 4 ( ,_5t 9( Phone Number 7 • ------ Stafel,eglitration Number z..., .1st F16brArea Square Footage . . - Number of Stories 5 2690. Total Floor Area Square Footage : Niii•nber of Parking Spaces (.3 stribution: White-Office Green-Assessors Office Canary-Inspector Pink-Applicant Gold-Cashier00000000000000000000000f aG PLAN CHECit COO C", 0 C D 00 0 0 0 C) 0 0 0 0 0 0 0 0 00C 0 00 0 00 D 0 000 0 00 0 0 0 0 00 000 ilVSJ; h IST 0 0000000 00 00 0000 00 000000000000000000C 000000000000000000 ' OWNER OR PROJECT NAMc|109| ••- n -7(-(1--: ,-3 5, RObt'A . Si- ' PHONE DATE (D4vaos (- ) 111 i JOB ADDRESS LOT S '.\A - IA L I-- . .,, 40 r)C1 1 ( 3 - 1:0 D of r iver TRACT L. ZONt J • B DESCRIPTION / CHECK NON -CONFORMANCE : CODE SECTION YARD SETBACKS - _ / OK FRONT 3 NA . SIDES 0 IA REAR zo. ' 1 BLDG. . HEICHT .1 OK . 2-1( S- 7 (c)2 (‘ t c - tr'" ,) vy-AL 3 '-kn (14 ) PlfrLD- ) Ptp."--L, I i OPEN SPACE a LOT COVERAGE OK / -3t- i'l Pt 61 0 K-(--31C-7—' ,,t7 DISTANCE BTWN. BUILDINGS VOR UNIT SIZE|1010|OK / . •|1010|• FENCES, WALLS, HEDGES o v/ Ni I PARKING OK ti i p „ v ;<-(1(7) 5 ' ( `; a- 7 ( .1 / ll Clic•lk„-'1 4), .c.i if CA( d'C 1- (.314:p . S. er-c-e, :-.s j r- < .74 t NA V ISIGNS o i, SITE SPECIFIC PLAN 0 OR OK PLAN II CONDITIONS OTHER K , ik- NA BY I—........., [— Approved 1--- Rejetted special Action(s): PL— TYPE Ord. No. Re. No. DATE APPROVED Admin. for ( ; CPLPLAKIT 4 0 1-n. 2 /4 O© _1 170\ter-15pour w/ 'ON/Br,f1-00,- -r(P. In " 1L. 10 r. CDAC i-t.tt. CL41-1:11tvi• e1o cJI fiC^ il ?k'rc.e.-- iv,c1ud n );,1 r-lo.715, pc41011.c Nci4170,1:cti-c./S (eiCcpt Re IL; 3114c4 I con 11. rd, 00.CS-7 c) -35ee 9 c c _ ;r4 tlac-h4„,tr) Ofacr-c P-r-Ok,\ -A it,S1•0(t. er Idct. Yc 1 1-e,! -Co' te C coo-610Appr-,A,,1 Pc1,"*.1"Plc-q.> c.1"1.< o f l‘ty,olaccr awl . Az-c cave cfIAki. Lc/1 61)F-4° 5417 1.14q r. 4 14e TI •ArritiCIVALIff 26 Culver City - Business Regulations application for a permit, the Tax Collector shall refer one copy to the Chief Administrative Officer and one copy to the Department Head, whose duty it is to inspect the type of business involved. Such Department Head shall make such investigation of the applicant and of the statements set forth in the application, as he shall deem sufficient, and make a written report thereof to the Tax Collector, who shall refer such report and recommendation, together with a copy of the application to the Committee on Permits and Licenses for a hearing set at a certain day, not more than 30 days from the date of filing the application. At such hearing any person interested shall be entitled to be heard and to file objections, protests or recommendations, relative to the subject matter. ('65 Code, § 19-54) (Ord. No. CS-49 § 21.03; Ord. No. 88-009 § 1) § 11.01.335 NOTICE OF HEARING ON APPLICATION. The Tax Collector shall notify the applicant in writing of the time and place of the hearing before the Committee on Permits and Licenses or the City Council, which shall be given at least three days prior thereto, unless the applicant waives such notice in writing. Whenever the Committee on Permits and Licenses or the City Council deems that a public notice should be given of a special hearing with respect to the application, the applicant shall pay to the City Clerk the sum of Five Dollars ($5.00) before such notice is given, which payment shall not be in lieu of any license fee or other tax otherwise imposed by law. ('65 Code, § 19-55) (Ord. No. CS-49 § 21.04; Ord. No. 88-009 § 1) § 11.01.340 BASIS OF DETERMINATION AND CONDITIONS FOR GRANTING APPLICATION. A. Determination. The Committee on Permits and Licenses or the City Council shall deny the application for any permit if it shall appear to its satisfaction that the applicant is not a fit and proper person, morally or otherwise, to conduct or maintain the proposed business applied for or that he has not complied with this or any other regulation of the City appertaining to his application, or that the activity for which permit is sought is itself objectionable or detrimental to the public health, morals, safety or general welfare; or that it conflicts with any City, State or Federal law. ('65 Code, § 19-56) (Ord. No. CS-49 § 21.05) B. Conditions. The Committee on Permits and Licenses or the City Council may grant a permit subject to such conditions as in its judgment the public interest may require. ('65 Code, § 19-57) § 11.01.345 ISSUANCE OF PERMIT. In the event the Committee on Permits and Licenses or the City Council approve the application, a written permit in a form approved by the City Attorney shall be delivered to the applicant. ('65 Code, § 19-58) § 11.01.350 ASSIGNMENT OF PERMIT. No permit required under this Chapter shall be assigned or transferred without the express permission of the Committee on Permits and Licenses or the City Council. ('65 Code, § 19-59) (Ord. No. CS-49 § 21.06) § 11.01.355 REVOCATION OF PERMIT. Any permit granted pursuant to the provisions of this Subchapter may be revoked by the Committee on Permits and Licenses or the City Council for any reason for which the granting of such permit might lawfully be denied, or on any other ground specifically set forth in the herein Code, or which, in the judgment of the Committee or the City Council is sufficient for the protection of the public interest. ('65 Code, § 19-60) (Ord. No. CS-49 § 21.07) § 11.01.360 HEARING ON REVOCATION. Every permittee shall be given at least five days' notice of a hearing on the proposed revocation of his