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tv   [untitled]    March 25, 2015 6:00am-6:31am PDT

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inspector. >> this was housing inspector yee. >> that's how's. >> yes, sir. >> commissioners the matter is yours >> well, i haven't heard anything to lead me to building the permit should be - and more than suspended they want it to be revoked and reissued. >> not a motion deny the appeal on the basis the permit was properly issued. >> okay. thank you. >> mr. pacheco. >> there's a motion on the floor for the president to uphold this permit that was properly issued. >> on that motion
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commissioner fung commissioner vice president honda commissioner wilson thank you the vote is 4 to zero this permit is you would on that based thank you. >> we'll call the next item item 10 with the building inspection tied approval protesting the denial on january 12th of an alteration permit legalize spray booth and move the booth from the property line and rerelocate the restrooms this is on for hearing we'll start with the appellant. >> commissioner president lazarus before you gun mr. patterson so that is going to be testifying i believe a second
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swearing in. >> just a moment please. if you intended to testify another this hearing do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> thank you. >> good evening. i'm here to protest the denials of the permit for the spray booth on green i did buy the building in 19989 july at this point there was people there the date of the booth was made in 1975 they're saying i'm not sure the booklet was there but a block building at a time we buy the building it is under a conditional use permit the tenant had the rights and he misused the process and
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denial the paying rent so i evicted him in 1994 at a time i had the conditional use permit switched in my name the city loud that in doing that the past inspects except for the fire department as you recall said it was a body shop and booth in the building you must have a sprinkler i did the sprinklers in the building and put a superstitiously in the booth and they were there the tenant for 15 years i moved them out in september of 2012 the business was expand and had a couple of print shops it was a natural
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segue the tenant was carefulless with the building i had him leave we went through the building for 9 months and cleaned tip i painted the outside of the 35i7b9 booth and part the process i go through every year to have the sprinkler system certified i did that part of the process which it was you have to do a 5 year test it is you must have the alarm it is outside the building i'm sure the people that were it will not burn down contractor took out a permit to have the system certified i have the system approved installation of the new alarm which is radio frequency has no
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landline the neighborhood protested that and i think about three or four months ago and you approved that then after that i got a letter from the city get a permit for the bother i went down there and said sure i'll be happy to do that their lawyer or advocate said the neighborhood was appalled about the fumes body shop has been there for as long as i can remember why now we did discuss or trying to discuss what the neighbors what to do when they said no, i got a letter from the city saying i am in violation i went to the
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department the permit said about 6 months off and on and finally said no. you can't install new sprinklers the law has changed i'm only trying to be compliant i know all the rules and i'm in compliance but they did deny a permit i have the architect here to tell you how we platoon to solve the other problem before you any booth you have before the board they were not permit that booth or any booth not in compliance by because i'm not the tenant i couldn't get the records even if the booth is compiled with i hope they will be the departments have to
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approve it, too so it is strong and diligent about what we do the paint is completely certified you can't buy the paint without certified so the rules will be met. >> hi, i'm hymie i did the drawings and i want to clarify some things that besides having the existing spray booklet since he bought the building we're trying to move that it is 20 feet from the property line to the center of the building so that will mitigate a lot of the fumes that will come to the rear property of the building so i wanted to add it or to the special zones if you have any other questions. >> is the exhaust filter.
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>> yes. >> charcoal fliflts. >> we can provide all the data regarding the equipment the equipment is couldn't find the manufacturers because it was paint for the last how many years has it been there 26 years we're only trying to comply with the city standards you know even though planning is not allowing the spray booth and the space because it is non-conforming even though the auto body show them in today's standards is not complying they allow the paint booth. >> i vaij remember why.
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>> i'm sorry and why were before the board the last time. >> the alarm system has to be checked i'm sorry the sprinkler system there's alarm and that alarm sound if the sprinklers go off i'm going to update the alarm when the tenant moved out he shut down the landline it's not compelled to use the phone line it is more modern we did file the permit because the neighborhood protested. >> the spray booth is like that
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and now with the other issues that's how - >> that's fine i was trying to refresh my memory. >> mr. sanchez. >> we haven't heard from the - sorry. >> thank you scott sanchez planning department the significant property is an rh2 zoning district a two family residential district the property was previously located in a c-2 commercial district in the 60 downed zoned e zoned to a residential zoning will district consequently to the rezoning in 1978 the automobile repair garage is a legal non-existing
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use and from 1970 it was opined about the uses that are considered here they stated to that state had been allowed to operate as a mirror repair garage from the codes and stated that those minor uses will be allowed that explicitly prohibits the major auto repair under g-22 i is the provision that allows you to have a spray booth by converting and trying to legalize the spray booth will be the eye 40 from a minor to a john automobile use this is prohibited so based on those reasons the planning department did deny the permit the permit holder states to the facility that is there now has a
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manufacturers of 1975 that's years after the determination and that determination is exhibit b of the brief that was submitted by the neighbors there's a grateful of historical information that is provided in the brief by the neighbors in particular exhibit b the letter if the zoning administrator explicitly talking about the types of conditions the legal non-conforming uses but legal listing the spray booth that was added when this was a residential property can't be authorized under the planning code for that reason we denied the permit i think that the evidence is pretty clear the paeflt has not given any evidence to support the fact it is consistent with the non-conforming use, in fact, their testimony together it is manufactured in 1975 is the
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contradicting because you couldn't add a spray booklet the fact this didn't exist it doesn't have legal standing and again, this is a intention indication i'm straightforward i'll be happy to answer any questions. >> mr. sanchez did you ever meet spencer steel. >> i never did no. >> wasn't there a six story proposal. >> i believe that's correct i don't of the materials their you may have been alternative proposals. >> i have a question so if the spray booth is there since 1976 or 75 it's been operating illegal the whole time. >> that's it.
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>> so if he pays taxing tax to the city wouldn't is partially legalize it. >> theres no k between paying property tax. >> business tax or any kind of tax that's separate is from the legality and can't be used to justify the use again that's why there's no permit. >> and there's no complaints since 1975 it has been operating as a automobile body. >> this is more recently history. >> i don't know if that's a feature that's in use or not but certainly raised as an issue from the neighbors support the permit. >> so that your history goes back no complainants just to
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recent times and this aspirating as a spray booklet or automobile body shop. >> i'm not aware of any. >> it's been there since 1976 and an issue in the last 5 months. >> i don't know if that is intermediate use you have others to speak to that here. >> inspector kern anything so we'll take public comment can i see a show of hands besides mr. patterson it is possible to line up on the side of the room it will move things faster. >> so the president has indicated she'll give each person 2 minutes we'll be as
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brief as possible. (laughter) do you mind turning that - >> thank you commissioner president lazarus and commissioners ryan patterson the attorney for the neighbors of the garage that is a large group of neighbors that is completed speaker cards and documents should be submitted to the clerk. may not this spray booth not allowed to proceed forward i'd like to give a background this is in the middle of a dense neighborhood zoned rh2 and for that reason the garage not be allowed today the spray booth was never permitted and there are contrary to the project sponsors assertions complaints
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back to 1994 from the fire department the letter on file here we also have complaints with the planning department and the department of building inspection there's also in your filed a letter from an industrial ohio ghetto talking about the health in the middle of the neighborhood next door to the school and public park planning is correct about the dissension indication issue of no impacts on health it is illegal this is on allowed for anywhere repairs and a zoning for a paint booth violates the conditional use permit that has noise and odor this is an ongoing problem in the neighborhood for years and
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years it was represented to the neighbors years ago that the neighbors it was legal and the neighbors find out it is illegal if the sponsor wants to change the issue he should go to the planning commission and ask them it is inappropriate and unlawful at this point thank you. >> thank you. next speaker, please. >> antonio kaplan i'll be reading a letter from dear commissioner president lazarus i'm a ohio ghetto with approximately 35 years of experience with cal osha. >> for the sake of time i'm going to look at certain questions what are the health hazards for the spray booth with
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the occupants according to the osha chemical hazards have a compound and heavy metals and the carcinogens in addition some of the contaminate maybe in the booth depends on the paint used this is through the atmosphere and distributed into surrounding parts although pollution is employed to the booth achieve they're not one hundred percent effective odors are in the neighborhood and allow exposure to chemicals some hazardous are hive toxic those include the poly chemicals that cause
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allergic responses surrounding the auto repair shops show causes of awe ma so they're to be located 2 hundred meters from the sensitive sites thank you for the opportunity to provide this information for this important issue best regards roxanne c i h and wraurnz there's a playground that is two meters away and an elementary sherry anyone located one hundred and 20 meters away thank you. >> thank you. next speaker, please and hello commissioners good night i want to say there's no vacant action on the paint booth it's never been legal this is also a superstitiously system not inspected it had no
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inspection i spent. >> number of nights been called on a 15r7b9 saying from the neighborhood come out and smell the paint the gentleman would smell on a friday night it was a sickly sweet smell and monday when the folks come out we're not painting i've reached out to the sherman elementary school school and the principle todd is concerned about this industrial site one hundred and 20 yards epa recommendation is 2 hundred and there's a playground near this booth doing chemical sprays thank you. >> thank you. next speaker, please. >> good evening mar restraining order retired champion of the fire department a couple of
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quick notes it has been mentioned that this superstitiously system has passed a 5 year certification that's a different certification the superstitiously plans were permitted and a permits was filed none of those have been signed off which means they've not been inspected by the fire department or certified that they were installed correctly and there as far as the fire department permits i don't have all the records but able to go back to 2007 when the current owner was noticed they didn't have the proper fire department permits it appears documentation was filed none of that was complete all the fire department permits for a spray booth have expired on a side note while it's not
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common it is not uncommon to see a spray booth in a residential neighborhood due to the hazard not located in the current location it is not you know to say that there are not in the city but typically we wouldn't as mr. haney wouldn't allow it fire department has usually problems with that thank you. >> >> thank you. next speaker please. >> good evening commissioners thanks for happening in there i've been asked to mention there's a letter from the neighbors 2, 3, 4 opposition i'm sorry. i'm albert an immediate neighbor of the property in question and lawyer for the last 15 years so unfortunately, that issue is brought to my attention a couple of weeks ago i take issue not a
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notification procedure to let myself or other tenants in the building that live roughly thirty feet from the property lining line that's the north and south wall i'm sleeping on the south wall we have exhausts in that distance i'm sure this board is educated but for purposes of having the faced of the neighbor my pregnant wife we're the neighbors we're heard nothing about this process i'm not surprised to hear it was not zoned properly with respect to the quiz of how long the property is in use month of my career he does asbestos litigation we thought asbestos was not a problem the science and osha know that those are bad
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stuff and should not be in the meadow approximate it of the park or the school yard when is about a block away thank you very much. >> excuse me. is that the flu from the paint booth. >> siemdz. >> is this the flew from the paint booth. >> i'm not sorry what you're asking. >> right past the railing and past the chimney is that coming out of the spray booth. >> no, that. >> or coming out of the building. >> that flew is from the building between the two. >> in between i see. >> so where you see that window i don't know exactly with the property owner is european putting a - here's a better one that photo right here i live right here if i and get notice
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of that matter i'd have a hard time believing the other residence that live here if the wind blows to the west we get it if it to the west they get a how long have you been a tenant. >> 10 years. >> were you aware of the repair shop. >> i was told there of the a minor auto repair i have no knowledge this was the first time i heard an attempt to put in a paint booth. >> thank you for your question. >> next speaker, please. >> i live stack it right here i
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live right here that's my yellow house when about 10 or 15th years ago this was an tenant in the property address he fired up the painted booth before then it wasn't going - occasion will i begun you know tin minutes an hour i'll it about 10 or 15 years ago green street garage fired up the paint booth i obtained to his name was larry wagner he assured me in the documentation and showed me documents that was legal this was not harmful you know and it is permitted so i'm a dummy i couldn't can't believe this of the not permitted i've been living next door for 15 years
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so, please let's get rid of this in the neighborhood the solution to move it just move it away from me 22 feet away from my bedroom and kitchen to someone else's 22 feet from someone else's kitchen. >> thank you. >> thank you. next speaker, please. >> good evening, commissioners i'm michael i'm going to be reading a letter that was signed by 15 of the immediate neighbors of this repair garage and i'll give their names at the end if time permits if you could put up on the screen a computer so for a moment we've presented a map that shows in red the
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properties where a resident has submitted a letter observing to the proposed spray paint booth parcel in yellow is the subject site the auto repair garage and where the park and elementary school is as well so i'll read the letter dear commissioner president lazarus and commissioners i respectfully urge the board of appeals to uphold the denial of the subject permit it lengthening legalized a painting booklet in the middle of our residential neighborhood we live in close prerequisites it to the grandfathered garage that is periodically operate despite decades of notice of violation the paint are exhausted into the neighborhood
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and spraying painting at this location is a public health hazard and fumes are an intolerable nuisance if the owner wants to operate a paint shop please replace our right to breathe clean air don't allow this repair garage to have this in our residential neighborhood please put a stop to this illegal operation. >> thank you. is there any additional public comment seeing none, we'll take rebuttal starting with the appellant you have 3 minutes. >> i have to zoo with the x fire marshall or whatever he calls himself