MINUTES OF THE BOARD OF BUILDING AND SAFETY …

MINUTES OF THE

BOARD OF BUILDING AND SAFETY COMMISSIONERS

MEETING OF

TUESDAY, AUGUST 15, 2017 MEETING NO. 8597

ROOM 900, 201 NORTH FIGUEROA STREET

MEMBERS PRESENT: VAN AMBATIELOS, PRESIDENT E. FELICIA BRANNON, VICE PRESIDENT JOSELYN GEAGA-ROSENTHAL, COMMISSIONER GEORGE HOVAGUIMIAN, COMMISSIONER JAVIER NUNEZ, COMMISSIONER

ALSO PRESENT: FRANK BUSH, GENERAL MANAGER CHARLES SEWELL, DEPUTY CITY ATTORNEY CORA JOHNSON, BOARD SECRETARY

MEETING DETAILS:

The meeting was called to order by President Ambatielos at approximately 9:35 a.m., with Commissioners Brannon, Geaga-Rosenthal, Hovaguimian and Nunez present. Charles Sewell, Deputy City Attorney and Frank Bush, General Manager, were also present at this time. Commissioner Nunez will review the minutes of this meeting for the Board.

PRESENTATION BY NEIGHBORHOOD COUNCIL REPRESENTATIVES ON ANY NEIGBORHOOD COUNCIL RESOLUTION. OR COMMUNITY IMPACT STATEMENT FILED WITH THE CITY CLERK. WHICH RELATES TO ANY AGENDA ITEM LISTED OR BEING CONSIDERED ON THIS AGENDA.

A.

No members of the neighborhood council requested to address the Board at this meeting.

PUBLIC HEARINGS REGARDING EXPORT-IMPORT APPLICATIONS PURSUANTB.TO SECTION 91.7006.7.5 OF THE LOS ANGELES MUNICIPAL CODE.

(Agenda Item No. B. 1)

MEETING NO.8597AUGUST 15,2017MINUTES OF THE


1035 NORTH STRADELLA ROAD; BOARD FILE NO. 170035CD 5 (Councilmember P. Koretz); Bel Air—Beverly Crest Planning Area

STAFF MEMBER: Dina ElkinawyBUREAU/DIVISION: Engineering/Grading

APPLICANT: Sean Nguyen

Consideration of Application to export 5,200 cubic yards of earth from the project site; and consideration whether the project is categorically exempt under Article III, Section I, Class 3, Category 1 of the City California Environmental Quality Act (CEQA) Guidelines.

IN ATTENDANCE:

Sean Nguyn, applicant, representing the owner; Steven Myers and Maureen Levinson, concerned neighbors; and Dina Elkinawy, Staff Engineer, representing the Department.

EXHIBITS:

Staff report dated August 3, 2017; ten (10) Power Point slides presented by staff at the hearing and printed for the File, collectively labeled Exhibit 1.

SUMMARY:

Dina Elkinawy presented the recommended route and conditions of approval pertaining to the amount of the Street Use Permit and the bond, both of which are required by the Department of Public Works. She also noted the number of days and hours of hauling operations and the staging area recommended by the Department of Transportation, including the type of hauling trucks to be used.

Steven Myers and Maureen Levinson were opposed to the haul route and requested more time to discuss some mitigating measures with the developer regarding the haul route and expressed concern with the categorical exemption.

The applicant was in agreement with the continuance.

MOTION:

By Nunez, seconded by Geaga-Rosenthal, that the following action be taken:

Continue the matter until the Board of Building and Safety Commissioner’s regular Meeting of August 29, 2017.

FOR: Ambatielos, Brannon, Geaga-Rosenthal, Hovaguimian,, Nunez



AGAINST: None

MOTION PASSED

FINDINGS:

1. The developer and the Neighborhood Association requested more time to meet and discuss conditions to impose on the proposed haul route.


252 SOUTH RAMPART BOULEVARD; BOARD FILE NO. 170040CD 13 (Councilmember M. O’Farrell); Westlake Planning Area

Dina Elkinawy Engineering/Grading

STAFF MEMBER: BUREAU/DIVISION:

APPLICANT: West Hollywood Community Housing Corporation

Consideration of Application to export 2,817 cubic yards of earth from the project site; and consideration whether the project is categorically exempt under Section 15332, Class 32 of the California Environmental Quality Act (CEQA) Guidelines.

IN ATTENDANCE:

Dina Elkinawy, Staff Engineer, representing the Department.

EXHIBITS:

Staff report dated June 13, 2017.

SUMMARY:

Dina Elkinawy prepared a staff report for the proposed haul route with conditions of approval pertaining to the amount of the Street Use Permit and the bond, both of which are required by the Department of Public Works. He also noted the number of days and hours of hauling operations and the staging area recommended by the Department of Transportation, including the type of hauling trucks to be used.

There were no speaker cards on the matter.

MOTION




FIND that with the imposition of the mitigation measures described in the Mitigated Negative Declaration (MND), and incorporated herein as project conditions, there is no substantial evidence that the proposed project will have a significant effect on the environment, pursuant to the City’s Environmental Guidelines and is in compliance with the California Environmental Quality Act.

1.

APPROVE the application subject to all conditions specified in the Department's report dated June 13, 2017.

2.

FOR: Ambatielos, Brannon, Geaga-Rosenthal, Hovaguimian,, Nunez

AGAINST: None

MOTION PASSED

FINDINGS:

1. No one had objection to the Department’s report.


2180 NORTH STRADELLA ROAD; BOARD FILE NO. 170054CD 5 (Councilmember P. Koretz); Bel Air—Beverly Crest Planning Area

Dina ElkinawySTAFF MEMBER:BUREAU/DIVISION: Inspection/Grading

APPLICANT: Sean Nguyen

Consideration of Application to export 1,600 cubic yards of earth from the project site; and consideration whether the project is categorically exempt Article III, Section I, Class 3, Category 1 of the City (CEQA) Guidelines; and Article III, Section I, Class 4, Category 4 of the City California Environmental Quality Act (CEQA) Guidelines.

IN ATTENDANCE:

Dina Elkinawy, Staff Engineer, representing the Department.

EXHIBITS:

Staff report dated July 13, 2017.

SUMMARY:



Dina Elkinawy presented the recommended route and conditions of approval pertaining to the amount of the Street Use Permit and the bond, both of which are required by the Department of Public Works. She also noted the number of days and hours of hauling operations and the staging area recommended by the Department of Transportation, including the type of hauling trucks to be used.

Steven Myers and Maureen Levinson were opposed to the haul route and requested more time to discuss some mitigating measures with the developer regarding the haul route and expressed concern with the categorical exemption.

The applicant was in agreement with the continuance.

MOTION:


Continue the matter until the Board of Building and Safety Commissioner’s regular Meeting of August 29, 2017. The Board convenes in Room 900, 201 North Figueroa Street, Los Angeles. The matter will be considered in the order it appears on the posted Agenda, but no earlier than 9:30 a.m.

FOR: Ambatielos, Brannon, Hovaguimian, Geaga-Rosenthal, Nunez

AGAINST: None

MOTION PASSED

FINDINGS:

1. The developer and the Neighborhood Association needed more time to meet and agree on conditions to impose on the proposed haul route.


540-550 SOUTH LANDFAIR AVENUE; BOARD FILE NO. 170051CD 5 (Councilmember P. Koretz); Westwood Planning Area

Krikor ManoukianSTAFF MEMBER:BUREAU/DIVISION: Engineering/Grading

DHS & AssociatesAPPLICANT:

Consideration of Application to export 49,000 cubic yards of earth from the project site; and consideration whether to adopt under the California Environmental Quality Act (CEQA) the associated Mitigated Negative Declaration (MND) (ENV-2016-3574-MND) prepared by the Los Angeles City Planning Commission.

MEETING N0.8597AUGUST 15,2017MINUTES OF THE


IN ATTENDANCE:

Krikor Manoukian, Staff Engineer, representing the Department.

EXHIBITS:


SUMMARY:

Krikor Manoukian prepared a staff report for the proposed haul route with conditions of approval pertaining to the amount of the Street Use Permit and the bond, both of which are required by the Department of Public Works. He also noted the number of days and hours of hauling operations and the staging area recommended by the Department of Transportation, including the type of hauling trucks to be used.


MOTION:

By Nunez, seconded by Geaga-Rosenthal, that the following action be taken.

1. FIND that the project is Categorically Exempt under the California Environmental Quality Act pursuant to the notice of exemption prepared by the Department of City Planning.

2. APPROVE the application subject to all conditions specified in the Department's report dated July 17, 2017.


AGAINST: None

MOTION PASSED

FINDINGS:

1. No one had objection to the Department’s report


1740-1756 % NORTH GLENDALE BOULEVARD; BOARD FILE NO. 170052CD 13 (Councilmember M. O’Farrell); Silver Lake—Echo Park—Elysian Valley Planning Area




APPLICANT: Aragon Properties Corp.

Consideration of Application to revise the hauling hours for a previously approved haul route application to export 14,000 cubic yards of earth from the project site.

IN ATTENDANCE:

Fred Schaffer, representing the owner and Krikor Manoukian, Staff Engineer, representing the Department.

EXHIBITS:

Staff report dated July 19, 2017,

SUMMARY:

Krikor Manoukian presented the recommended route and conditions of approval pertaining to the amount of the Street Use Permit and the bond, both of which are required by the Department of Public Works. She also noted the number of days and hours of hauling operations and the staging area recommended by the Department of Transportation, including the type of hauling trucks to be used.

The applicant was in agreement with the staff report, however, requested to also haul on Saturday with a start time of 8:00 a.m. Further, the applicant requested to haul and additional 500 cubic yards to total 14, 500 cubic yards.


MOTION:


FIND that with the imposition of the mitigation measures described in the Mitigated Negative Declaration (MND), and incorporated herein as project conditions, there is no substantial evidence that the proposed project will have a significant effect on the environment, pursuant to the City’s Environmental Guidelines and is in compliance with the California Environmental Quality Act.

1.

APPROVE the application subject to all conditions specified in the Department's report dated August 7, 2017 with the following exception:

2.

A. Item C.5 shall be modified as follows:



Total amount of dirt to be hauled shall not exceed 14,500 cubic yards.


AGAINST: None

MOTION PASSED

FINDINGS:



1309 NORTH DAVIES DRIVE A.K.A. 1301,1325,1343 NORTH DAVIES DRIVE A.K.A. 1300,1312 NORTH ANGELO DRIVE; BOARD FILE NO. 170059CD 5 (Councilmember P. Koretz); Bel Air—Beverly Crest Planning Area

STAFF MEMBER: Krikor ManoukianBUREAU/DIVISION: Engineering/Grading

APPLICANT: Tony Russo

Consideration of Application to export 6,000 cubic yards of earth from the project site; and consideration whether the project is categorically exempt under Section 15332, Class 32 of the California Environmental Quality Act (CEQA) Guidelines; and Article III, Section I, Class 3, Category 1; and Class 3, Category 6 of the City (CEQA) Guidelines.

IN ATTENDANCE:


EXHIBITS:

Staff report dated August 7, 2017.

SUMMARY:


MOTION:





2. APPROVE the application subject to all conditions specified in the Department’s report dated August 7, 2017.


AGAINST: None

MOTION PASSED

FINDINGS:



10725-10727 WEST ASHTON AVENUE; BOARD FILE NO. 170063CD 5 (Councilmember P. Koretz); Westwood Planning Area


APPLICANT: DHS & Associates

Consideration of Application to export 2,500 cubic yards of earth from the project site; and consideration whether the project is categorically exempt under Section 15332, Class 32 of the California Environmental Quality Act (CEQA) Guidelines.

IN ATTENDANCE:


EXHIBITS:

Staff report dated August 7. 2017.

SUMMARY:




MOTION:



2. APPROVE the application subject to all conditions specified in the Department's report dated August 7, 2017.

FOR: Ambatielos, Brannon, Geaga-Rosenthal, Hovaguimian, Nunez

AGAINST: None

MOTION PASSED

FINDINGS:



10664 WEST KINNARD AVENUE; BOARD FILE NO. 170067CD 5 (Councilmember P. Koretz); Westwood Planning Area


APPLICANT: DHS & Associates

Consideration of Application to export 2,500 cubic yards of earth from the project site; and consideration whether the project is categorically exempt under Section 15332, Class 32 of the California Environmental Quality Act (CEQA) Guidelines; and Article III, Section I of the City (CEQA) Guidelines.

IN ATTENDANCE:



Steve Nazemi, owner’s representative; Sam Shakerchi, concerned neighbor; and Krikor Manoukian, Staff Engineer, representing the Department.

EXHIBITS:


SUMMARY:

Krikor Manoukian presented the recommended route and conditions of approval pertaining to the amount of the Street Use Pennit and the bond, both of which are required by the Department of Public Works. She also noted the number of days and hours of hauling operations and the staging area recommended by the Department of Transportation, including the type of hauling trucks to be used.

Sam Shakerchi, concerned neighbor, requested that the hauling hours be revised to start at 9:00 a.m. through 3:30 p.m. Monday through Friday, and 7:30 a.m. start time on Saturday.

MOTION:

By Brannon, seconded by Nunez, that the following action be taken:

FIND that the project is Categorically Exempt under the California Environmental Quality Act pursuant to the notice of exemption prepared by the Department of City Planning.

1.

APPROVE the application subject to all conditions specified in the Department's report dated March 13, 2017 with the following exception:

2.

A. ItemC.l shall be modified as follows:

The hauling operations are restricted to the hours between 9:00 a.m. and 3:30 p.m. on Mondays through Fridays, and 7:30 a.m. and 4:00 p.m. on Saturdays. No hauling is permitted on Sundays or City Holidays. Haul vehicles may not arrive at the site before the designated start time.


AGAINST: None

MOTION PASSED

FINDINGS:



1. The measures and conditions as proposed, will reduce any potential significant adverse effects to a level of insignificance.

C. PUBLIC HEARINGS regarding anneals from determinations, orders or actions of the Department pertaining to the enforcement of specific ordinances, regulations or laws pursuant to the authority described in Section 98.0403. lfb) of the Los Angeles Municipal Code.

(Agenda Item No. C. 1)

17603 POSETANO ROAD; BOARD FILE NO. 170034CD 11 (Councilmember M. Bonin); Brentwood—Pacific Palisades Planning Area

Lisa YanceySTAFF MEMBER:BUREAU/DIVISION: Inspection/Grading

APPLICANT: James T. Perez

REQUEST:

Detennine that the Department of Building and Safety (LADBS) erred or abused its discretion by issuing an Order to Comply number GW12122016-881, dated December 12, 2016 to pursue repairs completion on a failed retaining wall and further request the rescission of the Non-compliance fee and any late charges aforementioned order.

associated with the

IN ATTENDANCE:

James T. Perez, representing the appellant; and John Weight, Chief Inspector, representing the Department.

SUMMARY:

James Perez requested a continuance because of certain medical issues with his wife.

MOTION:

By Brannon, seconded by Geaga-Rosenthal, that the following action be taken:

Continue the matter until the Board of Building and Safety Commissioner’s regular Meeting of September 19, 2017.




AGAINST: None

MOTION PASSED

FINDINGS:

1. The appellant requested more time due to wife’s illness.

(Agenda Item No. C. 2)

1322-1328 NORTH QUINTERO STREET; BOARD FILE NO. 170072CD 13 (Councilmember M. O’Farrell) Silverlake—Echo Park—Elysian Valley Planning

Area

Dina ElkinawySTAFF MEMBER:BUREAU/DIVISION: Inspection/Grading

APPLICANT: Patrick Sherman

REQUEST:

Determine that the Department of Building and Safety (LADBS) erred or abused its discretion by issuing Building Permit Nos. 5010-10000-04643, 15010-10000-04644, and 15010-10000-04646, without a fire lane minimum clearance of 20 feet, more than 150 feet to front entrance from curb, and no ships ladder; and by not revoking the permits that expired prior to the date of issuance on November 02, 2016.

IN ATTENDANCE:

Noel Weiss, representing the appellant; Clayton Przekop, property owner; Fire Inspector, Chief Inspector; and Dina Elkinawy, staff Engineer, representing the Department.

EXHIBITS:

Staff report, 2017; seven (7) Power Point slides presented by staff at the hearing and printed for the File, collectively labeled Exhibit 1.

SUMMARY:

Dina Elkinawy stated the request for the record and further stated that the appeal was not within the purview of the Board to act upon. She stated that the issues raised in the appeal were regarding the Fire Department, however, the appellant requested that his case be heard before the Board in efforts of exhausting his administrative remedies.

Mr. Weiss stated that the permits were issued in error because they did not provide a 20 foot driveway nor a ship’s ladder, both of which are required by the Fire Code.



Clayton Przekop stated that the ship’s ladders were signed off by the Hydrants and Access section of the Fire Department.

The Fire Department Inspector stated that there was no fire lane requirement for this subdivision because it was not more than 150 feet to the curb.

MOTION:

By Hovaguimian, seconded by Brannon, that the following action be taken:

Determine that the Department of Building and Safety (“LADBS”) DID ERR OR ABUSE its discretion by issuing Certificate of Occupancy No. 102029, dated April 30, 2012 for ‘Change of Use from Retail (M) to office (B)/ model making (B)’.


NoneAGAINST:

MOTION PASSED

FINDINGS:

1. LADBS issued the Certificate of Occupancy 12 years after the Building Permit was issued.

A. The property was purchased 8 years prior to the issuance of theCertificate of Occupancy to change the use from the retail to office and model making.

(Agenda Item No. D. 1)

D. REVIEW RECOMMENDATIONS from Department staff regarding requests for modifications of Building Ordinances and/or Code Violation Inspection Fee Ordinances pursuant to the authority described in Section 98.0403.1(b) 1 of the Los Angeles Municipal Code. Notification has been completed for those cases requiring notification of adjacent property owners pursuant to Board Resolutions Nos. 784-95 and 920-98. RECOMMENDATIONS MAY BE ADOPTED AS OFFICIAL ACTIONS OF THEBOARD WITHOUT FURTHER HEARINGS.

1525 ABBOT KINNEY BOULEVARD; BOARD FILE NO. 170062CD 11 (Councilmember M. Bonin); Venice Planning Area

STAFF MEMBER: Derold HauffBUREAU/DIVISION: Code Enforcement/Complaints and Referrals



Maria Gobie JavasPETITIONER:

REQUEST:

Allow a 6-month extension of time to comply with LADBS Order to Comply No. A- 4326692 effective March 23, 2017, regarding temporary signs on construction wall without a valid or current permit.

IN ATTENDANCE:

Greg Regier, representing the appellant; and Derold Hauff, Senior Staff Inspector, representing the Department.

SUMMARY:

Greg Regier stated that the property owner was in New York and requested that the hearing be continued until September 19, 2017.

MOTION:

By Brannon, seconded by Nunez, that the following action be taken:

Continue the matter until the Board of Building and Safety Commissioner’s regular Meeting of August 29, 2017.


AGAINST: None

MOTION PASSED

FINDINGS:

1. The property owner was not present.

(Agenda Item No. D. 2)

12512 NORTH HERRICK AVENUE; BOARD FILE NO. 170073CD 7 (Councilmember M. Rodriguez); Sylmar Planning Area

STAFF MEMBER: Brian HauffBUREAU/DIVISION: Code Enforcement/Complaints and Referrals



PETITIONER: Patricia & Anthonio Contreras

REQUEST:

Allow a 6-month extension of time to comply with LADBS Order to Comply No. A- 4369350 effective May 3, 2017, regarding home occupation activities visible outside of the dwelling; use of nonresidential material or mechanized equipment in conjunction with a home occupation; advertising in the windows or outside the dwelling in conjunction with a home occupation; use of commercial vehicles in conjunction with the home occupation; storage of commercial vehicle(s) in the Rlzone; and open storage within the required yards.

IN ATTENDANCE:

David Shamolian, representing the appellant; and Brian Hauff, Senior Inspector, representing the Department.

EXHIBITS:

Staff report, 2017; seven (7) Power Point slides presented by staff at the hearing and printed for the File, collectively labeled Exhibit 1.

SUMMARY:

Brian Hauff presented the case beginning with a brief summary of the nature of the appeal and stated the request for the record. Mr. Hauff stated that the Certificate of Occupancy for the property is for a 1 story single family dwelling and that the area where the property was located consisted of all residential property uses. Mr. Hauff went further to state that an unapproved use for a home occupation was present at the site for the storage of paving equipment. He stated that this equipment was transported back and forth from the property on a daily basis.

Inspector Hauff concluded by stating that the request was not within the spirit and intent of the Code because the current unapproved use is in violation of the Zoning Code.

David Shamolian stated that his client is requesting six (6) months to locate another site that would legally allow the use. He further stated that this would allow them not to have to close their business while looking for another location.

Commissioner Brannon stated that, per the written records submitted by staff, that the property has been used in an unapproved manner for seven (7) years.

MOTION:

By Nunez, seconded by Brannon, that the following action be taken:



DENY the request for a six (6) month extension of time to comply with LADBS Order No. A-4369350, effective May 03, 2017, regarding storage of commercial vehicles in an R1 zone that is in conjunction with a home occupation. Further, the Board’s action shall be with PREJUDICE. The Department shall not accept another appeal on this matter.


AGAINST: None

MOTION PASSED

FINDINGS (Adopted):

The request is not a slight modification of the Code inasmuch as it would allow unpermitted activities to continue in violation of the Los Angeles Municipal Code.The request is not within the spirit and intent of the Code inasmuch as all use of land must conform to the parameters established by ordinance and any deviation from those parameters must be approved by the Zoning Administrator through the executive process. It is not impractical for the petitioner to adhere to the strict requirements of the code given that the items are mobile and could be relocated to an approved location.

1.

2.

3.

1.

PROPOSED ORDINANCE AMENDING VARIOUS PORTIONS OF ALL ARTICLESE.OF CHAPTER IX OF THE LOS ANGELES MUNICIPAL CODE TO CORRECTIMPROPER CODE SECTION REFERENCES. TO INCLUDE CODE SECTION REFERENCES WHERE MISSING. TO INCLUDE METRIC MEASUREMENTS AND TO MAKE OTHER CHANGES TO OBTAIN CONSISTENCY AND CORRECTNESSWITHIN CHAPTER IX OF THE LOS ANGELES MUNICIPAL CODE. BOARD FILE17.513.

IN ATTENDANCE:

Kim Westhoff, Consultant representing Los Angeles Department of Building and Safety (LADBS).

EXHIBITS:

Proposed ordinance amending various portions of all articles of Chapter IX of the Los Angeles Municipal Code to correct improper code section references, to include code section references where missing, to include metric measurements and to make other changes to obtain consistency and correctness within Chapter IX of the Los Angeles Municipal Code, collectively labeled Exhibit 1.



SUMMARY:

Kim Westhoff, Consultant representing Los Angeles Department of Building and Safety (LADBS), presented and discussed the Proposed Ordinances referenced above, prior to being forwarded to the City Council per the Mayor’s directive.

MOTION:

By Hovaguimian, seconded by Nunez, that the following action be taken:

Recommend that the Proposed Ordinance amending Chapter IX of the Los Angeles Municipal Code (LAMC) to correct improper code section references, to include code section references where missing, to include metric measurements and to make other changes to obtain consistency and correctness within Chapter IX of the Los Angeles Municipal Code, be forwarded to City Council for approval.


AGAINST: None

MOTION PASSED

PUBLIC COMMENTS:F.

No members of the public requested to address the Board at this meeting.

WRITTEN COMMUNICATIONS TO THE BOARDG.

The Board Secretary had no written communication to distribute to the Board.

REPORT FROM THE GENERAL MANAGER AND OTHER SENIOR MANAGERS:H.

There was no report from the General Manager or other Senior Managers at this meeting.

REPORT FROM THE BOARD SECRETARY:I.

There was no report given by the Board Secretary at this meeting.

REVIEW AND APPROVE MINUTES OF PREVIOUS BOARD MEETINGS:J.

(Agenda Item H.l)



MOTION:

By Hovaguimian, seconded by Geaga-Rosenthal, that the minutes of the meeting of July 11, 2017, be approved as written.


AGAINST: None

MOTION PASSED

The Meeting adjourned at approximately 11:10 A.M.

Documents

MINUTES OF THE BOARD OF BUILDING AND SAFETY …