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4/28/15 AGENDA, ITEM 1b: CROSSFIT HORSEPOWER 725 CYPRESS AVE
SUPPLEMENTAL LETTER SUBMITTED TO THE CITY CLERK'S OFFICE FROM ALICIA VILLARREAL
ON 4/28/15 AT 2:34 P.M.
From: Alicia Villarreal [mailto:[email protected]]
Sent: Tuesday, April 28, 2015 2:34 PM
To: Elaine Doerfling; Peter Tucker; Nanette Barragan; Carolyn Petty; Hany Fangary; Michael DiVirgilio
Cc: Michael Binder; Phil; Tom Bakaly; Robert Walsh; Larry Nak; Estela Hill; [email protected];
Mark Hanna; Michael McKenna; Karen Anderson; Liz Torres; Rebecca Nakamura; Debra Walsh; Lisa
Loreen Shea; Jordan Snow; Jim Schroeder; [email protected]; MagicTouchSouthBay;
[email protected]; Chris Prenter; Michael Owen - AdColony; Bob Rollins; Melanie
Chavira; Michael Jenkins; Michael Webb
Subject: Response to Memorandum of Prosecutor's Office Re Crossfit Horsepower
Dear Ms. Doerfling:
I write to request that the following information be provided to our City Council and the
public as part of this evening's agenda item concerning the City Prosecutor's report
regarding the Crossfit gym on Cypress Avenue.
1. Please include the email trail, below, which includes the voicemail recording that
gym owner Dan Wells, the partner of Jed Sanford in the business venture, left on my
cell phone on October 29, 2014, admitting that he was the source of the weight drops
that were booming through my home on that day. The prosecutor's report omits the fact
that the neighbors complaints about the gym began shortly after the gym began
operating, and that the gym owners are aware of the neighbors complaints. The report
also omits the fact that victim-neighbors have refuted City Code enforcement staff's
unsupported claim that the complained of groundborne vibration may be emanating
from nearby businesses on Cypress. For example, my husband has lived in our home
for 20 years and I have lived here for 11; neither of us has ever heard noise or
vibrations from the Cypress businesses; City staff is aware of this fact and failed to
disclose it. Indeed, the auto body shops on Cypress have complained about the gym's
impact on their businesses, and this also refutes the claim that these auto businesses
are the cause of the disturbance. J&B Plumbing is all the way down at the southern end
of the block, and nothing in the complaints of the neighbors supports a conclusion that
J&B's activities are in any way related to the groundborne noise and vibrations of which
the neighbors have been complaining since last Fall. Indeed, the timing of the
commencement of the nuisance alone, refutes these claims. No credible evidence
supports a claim that someone or something other than the gym is the source of the
groundborne vibrations that is disturbing the neighbors. To the extent the Prosecutor's
Report fails to include these material facts, it is flawed.
2. On January 21, 2015, I provided to City staff multiple links to governmental reports
and manuals, including the U.S. Department of Transportation Manual, below, regarding
groundborne noise and vibration. I did so because the Code Enforcement Staff were
under the mistaken belief that because they could not personally hear the noise outside,
it did not exist and/or they could not enforce the Code. The USDOT Manual notes that,
"Annoyance from vibration often occurs when the vibration exceeds the
threshold of perception by only a small margin." As the many neighbors'
complaints establish, the gym's weight drop activities are far more than
perceptible, they reverberate consistently and annoyingly through our homes.
Indeed, the USDOT manual notes that evaluation of the human response, i.e.
annoyance, is often measured by complaints. My email to City Staff quoting
the USDOT manual and our City's Noise Ordinance, stated, in part:
Another link to analysis of Groundborne Noise and Vibration from the U.S. Department
of Transportation, Federal Transportation Administration. See Chapter 7, "Basic
Ground-Borne Vibration Concepts. Importantly, the Study notes that "To understand
and evaluate human response, which is often measured by complaints, all of [the
reported] related effects need to be considered."
Our Noise Control Ordinance provides, in part, "The purpose of this Chapter is to strike
a balance between normal, everyday noises that are unavoidable in an urban
environment and those noises that are so excessive and annoying that they must be
curtailed in order to protect the comfort and tranquility of all persons who live and work
in the City." 8.24.010 Purpose and Findings.
Section 8.24.030 provides that "Unless otherwise permitted in this Chapter, no person
shall make, permit to be made or cause to suffer any noises, sounds or vibrations that in
view of the totality of the circumstances are so loud, prolonged and harsh as to
be physically annoying to reasonable persons of ordinary sensitivity and to cause or
contribute to the unreasonable discomfort of any persons within the vicinity."
In light of the studies explaining that even barely perceptible Groundborne Noise and
Vibrations can cause annoyance to ordinary people, it is clear that the gym's strongly
perceptible, repeated weight dropping exceeds acceptable noise standards when it
impacts so many residents in the area. Quite frankly, I wouldn't wish this upon any
single resident! If you have complaints about the CrossFit Gym at other locations, the I
believe it's also incumbent upon you to protect those residents as well. No person or
business should be allowed to intrude in this manner on the peace and quiet of
someone else's home or business. Despite your inability to hear the noise outdoors, it is
strongly annoying inside our homes as too many residents have reported.
Please take the time to read the Study linked below.
http://www.fta.dot.gov/documents/FTA_Noise_and_Vibration_Manual.pdf
Excepts:
Ground-borne vibration can be a serious concern for nearby neighbors of a transit
system route or maintenance facility, causing buildings to shake and rumbling
sounds to be heard. In contrast to airborne noise, ground-borne vibration is
not a common environmental problem. It is unusual for vibration from sources
such as buses and trucks to be perceptible, even in locations close to major
roads. Some common
sources of ground-borne vibration are trains, buses on rough roads, and construction
activities such as blasting, pile-driving and operating heavy earth-moving
equipment.
The effects of ground-borne vibration include feelable movement of the building floors,
rattling of windows, shaking of items on shelves or hanging on walls, and
rumbling sounds. In extreme cases, the vibration can cause damage to
buildings. Building damage is not a factor for normal transportation projects,
with the occasional exception of blasting and pile-driving during
construction. Annoyance from
vibration often occurs when the vibration exceeds the threshold of perception by
only a small margin. A vibration level that causes annoyance will be well below
the damage threshold for normal buildings.
**********
3. The Prosecutor's Report states that the "weight drop test" results "were not
consistent with the type of vibrations/disturbances they regularly suffer through on a
daily basis." While technically accurate, the glaring omission is that City Staff who were
present in my home during the weight test heard each of the weight drops, and I called
out each one to them. I further explained to City Staff on that day that the "normal"
weight drops are so strong that I can hear the over the noise of the exhaust fan on our
stove when I'm cooking, over the volume at which I listen to the radio, over the volume
of water hitting my head as I'm shampooing my hair in the shower, and over the volume
of my electric toothbrush while I'm brushing my teeth. In other words, the groundborne
noise is readily audible. These material facts are absent from the prosecutor's report.
Also missing from the report is that the purpose of the weight drop test was to prove
causation, i.e., that they gym was the source of the noise and vibration. The weight drop
test unequivocally established this fact as it was witnessed in my home by two City staff
members and myself. (There are also multiple other facts that establish causation,
which I will not cover here).
4. The Prosecutor's Report notes (at March 4 and 23, 2015 entries) that the City
retained an acoutics expert to conduct a vibrations test. The report fails to disclose that
(1) the test is irrelevant under the City's code, which prohibits the making or causing of
"any noises, sounds or vibrations that in the view of the totality of the
circumstances are so loud, prolonged and harsh as to be physically annoying to
reasonable persons of ordinary sensitivity and to cause or contribute to the
unreasonable discomfort of any persons within the vicinity." Nothing in the Code
requires the expense of expert testimony to prove a violation; rather a plain language
merely requires the testimony of lay witnesses. An experienced judge would therefore
appropriately exclude the testimony as a matter of law, as judges, like lawyers, have
one eye on appeal when they try cases. Moreover, from a criminal justice standpoint, a
prosecutor should never attempt to create law by increasing the government's burden of
proof; her role is to enforce the law as it exists and leave it to lawmakers to write the
laws. Expert testimony is not only beyond the elements of the offense the City is
required to prove, but its introduction would run the risk of creating issues on appeal
where none should exist. The prosecutor's report fails to disclose the complications to
the government's case the addition of unnecessary expert testimony would create,
including laying the proper legal foundation for the operability of the testing equipment
(which was being rented by, not owned by, the expert), and the expertise of the tester
himself. Moreover, the test was only going to be conducted for a span of 24 hours, a
deep flaw in test methodology. (2) Once the expert spoke with victim-neighbors who are
themselves engineers by education, it is my understanding that the expert agreed that
the test parameters would have resulted in a flawed test. The Prosecutor's Report omits
these material facts, making it appear as though the victim-neighbors are manipulating
the facts, which is not only untrue and offensive, but evidences an improper bias toward
crediting the statements of Code enforcement staff who don't live with the nuisance dayin and day-out over those of percipient victim-witnesses who do.
5. The March 23, 2015 entry in the Prosecutor's Report describing that Code
Enforcement Officer Estela Hill "reported that she felt vibrations, witnessed a door
rattling, and observed water in a water bottle shaking," establish that the
groundborne noise and vibrations far exceed the level of perception, which is what
causes annoyance, according to the USDOT manual on groundborne noise, cited
above. The remainder of the description of Ms. Hill's opinion should be stricken from the
report as it would be inadmissible in a court of law. The Rules of Evidence prohibit a lay
witness from opining on the ultimate conclusion of whether the facts amount to a
violation of the Code. Rather, it is strictly the province of the jury to decide whether the
facts amount to a violation of the Code. Again, the prosecution's crediting of the Code
Enforcement staff's statements, even when those statements are irrelevant and
inadmissible in court, reveals a troubling thread in how the City has handled this matter
since last Fall.
6. The Prosecutor's agreement to interview witnesses came only after I complained that
the prosecution had, up until then, failed to interview any victim-witnesses during the
conduct of the investigation. In my experience as a federal criminal prosecutor of 14
years, it is unheard of for a prosecutor to make a decision on whether to bring charges
without having done so. After all, to prove a case in court, the prosecution must do so
through percipient witnesses and relevant documents.
7. A review of the Permit Application the gym owners submitted to the City and related
environmental study the City conducted reveals that the gym owners failed to disclose
and the City failed to document that the gym's activities would involve dropping of heavy
weights. At most, those documents state that the gym's activities, consisting of group
classes and all indoor activities, could result in weight "banging," but specifically deny
that the gym will create groundborne noise on the Environmental Negative Declaration.
Nowhere do the application or City records produced for my review thus far show that
the gym owners revealed that they intended to establish a "Crossfit-style gym," a
material fact, given the vast amount of complaints and litigation these gyms were facing
at the time of the application and still face today around the country for the creation of
groundborne noise. A simple Google search yields multiple examples of the problem of
groundborne noise due to the weight dropping activities of these gyms. The
Prosecutor's report fails to disclose these and other persuasive and material facts in
favor of the City's prosecution, instead choosing to paint a picture of obstinance by the
victim-neighbors that is far from accurate. The sheer number of email complaints from
the victim-neighbors establishes the magnitude of the problem we have been forced to
live with since Jed Sanford and Dan Wells opened their gym. The victim-neighbors
objections to a test that was both legally irrelevant and therefore inadmissible in
evidence, and flawed, should in no way reflect upon the veracity of the victim-witnesses
or the seriousness of the problem, and it is troubling that the prosecutor's report alludes
to this incorrect view of the facts.
8. As the next email I will forward, which constitutes a public records request and follow
up request for action shows, the City Attorney noted during the City Council meeting at
which the Council approved the permitted use in the zoning for the gym to commence
operations, that the City would be able to bring a civil injunction for a per se nuisance
violation if the gym's activities became a problem. After repeated requests for an
explanation for why our City has chosen to pursue a criminal remedy, as opposed to a
civil one, I have received no response.
9. Finally, I urge the Council to investigate the amount of taxpayer dollars our City has
wasted on enforcing a plainly written Code section on our books in this matter. From
both a fiscal and public policy perspective, we should resist criminalizing, in the first
instance, conduct that should be restrained through citations and fines. It is not only far
more cost-effective to do so, but more just. As a matter of public policy, punishments
should be incremental, starting with citations and fines, before leading to criminalization.
Best regards,
Alicia Villarreal
From: Alicia Villarreal <[email protected]>
To: Bob Rollins <[email protected]>; Michael Owen - AdColony <[email protected]>; Chris
Prenter <[email protected]>
Cc: Michael Binder <[email protected]>; Phil <[email protected]>; Tom Bakaly
<[email protected]>; Robert Walsh <[email protected]>; Larry Nak <[email protected]>;
Shelli Margolin-Mayer <[email protected]>; Estela Hill <[email protected]>;
"[email protected]" <[email protected]>; "[email protected]"
<[email protected]>; Kevin Sousa <[email protected]>
Sent: Wednesday, January 7, 2015 1:12 AM
Subject: Re: Cypress Crossfit Gym Update
Bob and Tom,
It is disconcerting that after months of hearing complaints from neighbors, Bob is still at square one, proposing a test
by city workers who will try to discern whether the noise and vibrations are coming from the gym. There is no
question but that the nuisance is emanating from the gym, as many neighbors have reported to you after having
experienced the impact first-hand.
Even the gym owner knows that the gym is the culprit. Dan Wells admitted as much in his voicemail to me on October
29, 2014, a copy of which is attached hereto. You'll hear Dan apologize for the booms that day, after he and I had
met earlier that morning about the noise problem, admitting they were his own weight drops. He also discusses that
he reached out to a contact at a gym in New York who was having similar problems, and that person told him about a
foam store where Dan was planning to buy some mats to try to absorb the impact of the weights. This voicemail
follows the lengthy conversation Dan and I had in person that morning, wherein he admitted that several neighbors
had complained before me, and that he was therefore planning to take multiple actions to mitigate the problem,
including trying to separate the shared foundation of his building and an adjacent home by cutting through the
concrete.
Dan's admissions in his voicemail and in our conversation leave no room for doubt that the gym is the source of the
disturbance. The gym owner is aware of and admits the gym is the source, and the neighbors are also aware of this
fact.
Causation is not the issue, Bob, so your proposed weight drop test is an empty and meaningless exercise that will
only serve to delay the relief we have been pleading for. Your stated rationale that you have to experience the matter
yourself is nonsensical. In our legal system, judges and juries decide facts every day without having witnessed events
first-hand. They do so by relying upon statements from credible witnesses who have had an opportunity to see, hear
and experience events. Here, you have multiple witnesses who have reported facts to you which you choose to
ignore without explanation.
You state that you are concerned about due process, but due process consists of notice to the offender and an
opportunity to be heard. It does not extend to a City-funded test on behalf of an accused to determine their liability.
Does the City regularly conduct tests of this sort on behalf of suspected violators? If so, I'd like to learn more about
that practice and the costs to taxpayers for city employee time and resources involved.
Tom, the neighbors would like the opportunity to meet with you, Bob and Estela in person to discuss this matter
further. Also, since according to Bob, "Jed Sanford has been quite receptive . . . and has stated his willingness to
address the situation," we ask that you also invite him to the meeting. We are all interested in resolving this matter
quickly and amicably and getting back to the peaceful enjoyment of our homes, and the ability to conduct our
businesses without interruption.
Please let us know your availability.
Thank you and best regards,
Alicia Villarreal
From: Bob Rollins <[email protected]>
To: Alicia Villarreal <[email protected]>; Michael Owen - AdColony <[email protected]>;
Chris Prenter <[email protected]>
Cc: Michael Binder <[email protected]>; Phil <[email protected]>; Tom Bakaly
<[email protected]>; Robert Walsh <[email protected]>; Larry Nak <[email protected]>;
Shelli Margolin-Mayer <[email protected]>; Estela Hill <[email protected]>;
"[email protected]" <[email protected]>
Sent: Tuesday, January 6, 2015 6:51 AM
Subject: RE: Cypress Crossfit Gym Update
Good Morning,
I appreciate your comments and concerns. At this time, we are still collecting information to
verify that the gym is the source of the noise which troubles the neighborhood. Phil has
indicated that, as you frequently work from home, you would be the most likely candidate to
participate in our proposed “weight drop test”. I am also trying to get a time when Larry Nak will
be available, as his home is very close to the gym. If you and Larry could give me some time
slots that would work, I will coordinate with the gym owner to have the weights dropped at that
time so we can verify that this is, in fact the source.
While I appreciate your difficulties, we must give suspected offenders due process. Once it is
established that the gym is the problem, we will work with the owner for compliance. Jed
Sanford has been quite receptive to this plan and has stated his willingness to address the
situation.
Your assistance is greatly appreciated.
Thanks,
Bob Rollins
Building/Code Enforcement Official
City of Hermosa Beach, CA
(310) 318-0219
From: Alicia Villarreal [mailto:[email protected]]
Sent: Tuesday, January 06, 2015 1:22 AM
To: Michael Owen - AdColony; Chris Prenter
Cc: Bob Rollins; Michael Binder; Phil; Tom Bakaly; Robert Walsh; Larry Nak; Shelli Margolin-Mayer;
Estela Hill; [email protected]
Subject: Re: Cypress Crossfit Gym Update
Bob and Estela,
Thank you for your involvement in trying to resolve the gym noise problem. Estela came to my home-office this
afternoon to discuss the months-long problem we and our neighbors have experienced due to the gym owners'
practice of allowing members to drop heavy weights to the ground from a height of six feet or more off the ground. As
I said to Estela, the simple physics of dropping heavy weights from such a height requires that the energy of that
force go somewhere, so it's sending shock waves outward, into and through our homes.
The articles linked below illustrate that the noise and vibration problem with the CrossFit in our neighborhood is not
unique. A quick internet search turned up multiple news stories of complaints and lawsuits against CrossFit-style
gyms across the nation for the same or similar reasons we are complaining.
Bob, in one of your emails you shared the relevant provision of the Hermosa Beach Code, which I want to
address. First, let me underscore that nothing in the code suggests that the noise must meet a level "louder than a
jack hammer" to constitute a violation, as you said to me a few weeks ago. I assume that was a an off-the-cuff simile,
but I am concerned because now the gym's receptionist repeated those same words to my husband when he went by
there to complain about the noise last week. I ask that you correct the record with the gym, and refer them to the
language of the code itself as the applicable law, not a jack hammer comparison.
To be clear, the code prohibits the making or causing of "any noises, sounds or vibrations that in the view of the
totality of the circumstances are so loud, prolonged and harsh as to be physically annoying to reasonable persons of
ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity." On
this email trail alone, not considering the many other neighbors who have complained about being disturbed by the
gym's obnoxious weight dropping, we have met this test. To find otherwise, you would have to be convinced that
every complaining resident, of which there are many, is unreasonably sensitive. Perhaps if only one or two neighbors
was complaining, that view might carry some weight (no pun intended), but it utterly fails in the face of the vast
number of neighbors who are complaining about the nuisance, have sought relief from the gym owners directly, to no
avail, and are now seeking relief from the City.
As for the factors A through F listed in the Code, I will address each in turn:
A. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business.
The noise is loud and intense enough in my residence and law office, which is based from my home, to interfere
with my ability to concentrate. It strikes a nerve, because it feels and sounds like an earthquake. Sometimes I have to
get up from my desk and walk around to ground myself, because the reverberation makes me dizzy. If ever I have the
luxury of a break for a mid-afternoon nap, the shock waves make it impossible to sleep. Thus, the volume and
intensity of the noise as it is experienced within my residence and place of business surpass what the code allows.
B. Whether the noise is prolonged and continuous.
The noise/reverberations happen from approximately 10 am to 4, 5 or 6 pm, and once they start, they come in
waves, consistent with a workout routine. Sometimes there is a few minute break between waves, but the multiple
hours each day of mini-quakes constitutes "prolonged and continuous" by any reasonable interpretation of those
terms.
C. How the noise contrasts with the ambient noise level.
The ambient noise in our neighborhood consists of neighbors conversing, car traffic, trash pick up, and occasional
construction. Other than the loud, drunk bar-hoppers the summers bring, I believe our neighborhood's noise level is
tolerable and comparable to the rest of the City's. The gym's noise contrasts with the ambient level noise by sending
a uniquely disturbing, booming reverberation into our homes that is different in kind and impact than the ambient
noise of the surrounding area. The contrast between the ambient noise and the gym's booms is stark, causing a
persistent annoyance.
D. The proximity of the noise source to residential and commercial uses.
The gym is directly adjacent to homes, which are in turn impacted by the shock waves it send out. It is my
understanding that adjacent business are also complaining about the noise and reverberations. My home is across
Loma Drive, a block away, yet the impact of the shock waves is still so significant that it destroys my concentration.
Those in closer proximity to the gym would likely be impacted even more severely.
E. The time of day.
As noted above, the gym is allowing its members to send out the jarring shock waves throughout its hours of
operation, i.e., all day long. While not at night, the disturbance is nonetheless significant, because it impacts so many
neighbors, including other businesses, preventing all of us from going about our daily lives in the ordinary course.
F. The anticipated duration of the noise.
Given that the CrossFit staff members now reportedly believe their members have a right to drop heavy weights,
because the sound is below that of a jack hammer, it is anticipated that the sound will last through the life of the
business. It is therefore imperative that the City correct that off-handed quip about the code, and apply instead the
standards set forth therein to the gym's operations.
The bottom line is that the gym is knowingly and in willful disregard of its neighbors' well-being and peaceful
enjoyment of their respective properties, sending jarring shock waves through surrounding homes and businesses.
The code doesn't require that the noise be audible from the street. Indeed, the noise is not audible outside my home,
but inside my home, which is far more invasive and disturbing. The vibrations reverberate through my home (all three
levels), like a bass drum--a low, pulsing boom, followed by echoing booms that taper off, consistent with the weights
bouncing on the gym floor before coming to a stop after being dropped. The disturbance is so significant that it breaks
my concentration when I am reading or drafting documents, and I have to avoid calling clients while it's happening.
The gym is not only interfering with my family's right to the peaceful enjoyment of our home, but it's interfering with
my right to conduct my law practice from home.
The code prohibits "any noises, sounds or vibrations that in the view of the totality of the circumstances are so loud,
prolonged and harsh as to be physically annoying to reasonable persons of ordinary sensitivity and to cause or
contribute to the unreasonable discomfort of any persons within the vicinity." Given the number of affected neighbors
complaining, it is clear that the noises, sounds and vibrations the gym is emitting are physically annoying to
reasonable persons of ordinary sensitivity and are causing or contributing to the unreasonable discomfort of many,
not just any, persons within the vicinity.
What I find most aggravating about this whole situation is that the gym owner, Dan Wells, admitted to me that there
is no reason for the gym members to drop their weights, instead of lowering them to the ground. The simple act of
lowering them would resolve the issue instantaneously and at no cost to the gym. Some CrossFit gyms I read about
in the articles I found this evening self-police by prohibiting members from dropping weights. Why Dan Wells refuses
to implement that simple step in light of the many neighbors who are impacted is baffling.
I ask that the City take the following steps: (1) immediately rectify the misstatement to the gym owners about the
noise level that the code allows, and point them instead to the code language itself, as well as the numerous
complainants, not just complaints, which strongly indicates a prima facie violation of the code; (2) ask the gym to selfpolice by instituting a policy prohibiting the dropping of weights; (3) if the gym refuses to implement this simple
solution, then invite the neighbors in the area to a noticed public meeting where we can each describe how the gym's
activities have impacted us. We are all very busy people who shouldn't have to be bothered by going down to the City
to lodge a complaint, which is why I ask for the latter option only as a last resort, if the City is unable to get the gym to
stop disturbing the neighborhood of its own volition or at the City's insistence.
Finally, I ask our neighbors to forward this email trail to other neighbors who have complained to you about the noise.
It will be helpful for the City (and us) to know just how far the gym's negative impact is reaching.
Best regards,
Alicia Villarreal
701 Loma Drive
North Hollywood recording studio suing next-door CrossFit gym for loud noises from dropping of heavy objects
North Hollywood recording studio
suing next-door CrossF...
LOS ANGELES — The owner of a North
Hollywood recording studio used by such artists
as Linkin Park and John Fogerty filed a lawsuit
today against an adjacent exer...
View on www.dailynews.com
Recording Studio Suing CrossFit Gym Over Loud Banging
Preview by Yahoo
Recording Studio Suing CrossFit
Gym Over Loud Banging
How do you know if there's a CrossFit gym next
door to you? Oh, don't worry, you'll know.
Because it will sound like a barrage of weights
and kettlebells...
View on la.curbed.com
Preview by Yahoo
How do you know if there's a CrossFit gym next door to you? Oh, don't worry, you'll know. Because
it will sound like a barrage of weights and kettlebells hitting the floor all the time. A North
Hollywood recording studio called NRG Recording Services has filed a lawsuit alleging that their
neighbors, CrossFit gym Synapse Strength and Conditioning, are responsible for a great deal of
"banging, dropping and slamming of weights and heavy objects," according to the Daily News, and
that these sounds create "intense vibrations, extremely loud sounds and reverberations like shock
waves" that people inside the studio can not only hear but feel—which is not great for the process of
recording music.
The lawsuit goes on to say that, although the recording studio was designed with some "sound
suppression" features to cut down on noise from the nearby Bob Hope Airport, the noise from the
gym still booms in the studio, "akin to an explosion." NRG has been operating for about two
decades in the spot, and has hosted John Fogerty and Linkin Park; the CrossFit studio opened in
early August.
· North Hollywood recording studio suing next-door CrossFit gym for loud noises from dropping of
heavy objects [LADN]
NYC residents sue noisy gyms
NYC residents sue noisy gyms
Trendy fitness routines that involve smashing
weights to the ground, blaring techno music and
flashing lights are driving New Yorkers who live
above city gyms bonke...
View on nypost.com
Preview by Yahoo
From: Michael Owen - AdColony <[email protected]>
To: Chris Prenter <[email protected]>
Cc: Bob Rollins <[email protected]>; Michael Binder <[email protected]>; Phil
<[email protected]>; Tom Bakaly <[email protected]>; Robert Walsh <[email protected]>;
Larry Nak <[email protected]>; Shelli Margolin-Mayer <[email protected]>; Estela Hill
<[email protected]>; Villarreal Alicia <[email protected]>
Sent: Monday, January 5, 2015 4:44 PM
Subject: Re: Cypress Crossfit Gym Update
Is happening now
Sent from my iPhone
On Jan 5, 2015, at 1:24 PM, Chris Prenter <[email protected]> wrote:
It would help to have their class schedule and then go there unannounced during a
class because a whole class full of people dropping the weights is what causes the
sound. I have heard the sound then walked there and discovered first hand where it was
coming from.
Thank you,
Chris Prenter
<pdg_sig_line.gif>
Prenter Design Group, Inc.
625 Loma Drive
Hermosa Beach, CA 90254
Phone: 310.379.4514
Email: [email protected]
Website: www.prenterdesign.com
On Mon, Jan 5, 2015 at 12:47 PM, Bob Rollins <[email protected]> wrote:
Hi,
Estela and I just got back from about 20 minutes at the end of the driveway, and heard
and felt nothing. The CUP would apply to an auto repair business, the gym is there by
right, so the CUP does not apply. As I have proposed a couple of times, I plan to have
weights dropped at the gym and have Larry and Phil home, with me in Larry's house (as
it is closest) and another City employee at the gym. We will communicate by cell phone
and try to verify that the noise made by the weights at the gym i9s what is causing the
disturbance. If it is, then we can evaluate if it is a code violation.
Thanks,
Bob Rollins
Building/Code Enforcement Official
City of Hermosa Beach, CA
(310) 318-0235
-----Original Message----From: Michael Binder [mailto:[email protected]]
Sent: Monday, January 05, 2015 11:11 AM
To: Phil; Bob Rollins
Cc: Tom Bakaly; Robert Walsh; Larry Nak; [email protected]; Shelli MargolinMayer; Estela Hill; Villarreal Alicia; Chris Prenter
Subject: RE: Cypress Crossfit Gym Update
Bob,
This is going on right now and I am working at my home office. This is not
ACCEPTABLE!!! Please fix this problem, look up the code, check the prior CUP
17.40.020 because I believe there is something in there that says they cannot have
vibrations.
I have been living on Loma for a total of 17 years and never complained once about
noise of any sort until this gym moved in.
Please advise on the code and fix this absolutely annoying problem.
Thank you,
Binder
-----Original Message----From: Phil [mailto:[email protected]]
Sent: Wednesday, December 31, 2014 1:11 PM
To: Bob Rollins
Cc: Tom Bakaly; Robert Walsh; Michael Binder; Larry Nak; [email protected];
Shelli Margolin-Mayer; Estela Hill; Villarreal Alicia
Subject: Re: Cypress Crossfit Gym Update
Bob,
The gym is especially bad today. It started at approx. 11:30 and is continuing. It was
so loud I initially thought someone was walking on the deck above my office. I stopped
my work and went down there to let them know we're being disturbed. I was very calm
and not aggressive but the woman told me we live next to an "industrial" area and they
have a right to make noise up to the level of a jack hammer during business hours.
They did not seem willing to nor have they stopped or altered their operation in any
way. With this attitude, I'm not sure what a test drop of weights will accomplish. I
respectfully ask that you and the City take more assertive action. They now think they
are operating within the code and don't intend to change. By law and regardless of a
subjective code interpretation, we have a right to the peaceful enjoyment of our homes
and intend to pursue every avenue available to get them to be good neighbors.
Thank you,
Phil Friedl
Sent from my iPhone
> On Dec 13, 2014, at 11:03 AM, Michael Binder
<[email protected]> wrote:
>
> It's 11:02am on Saturday and we are getting a nice bunch of vibration
>
> Binder
>
>
>> On Dec 12, 2014, at 6:05 PM, Phil <[email protected]> wrote:
>>
>> Thanks Tom.
>>
>> Nice to meet you Estela.
>>
>>
>> Sent from my iPhone
>>
>>> On Dec 12, 2014, at 5:07 PM, Tom Bakaly <[email protected]>
wrote:
>>>
>>> Estela is our code enforcement officer and is working this weekend .
>>> You should be hearing from her. Tom
>>>
>>> Sent from my iPhone
>>>
>>>> On Dec 12, 2014, at 4:59 PM, "Michael Binder"
<[email protected]> wrote:
>>>>
>>>> I have been feeling it as well since 4:30pm until 4:55pm today.
>>>>
>>>> Thanks,
>>>>
>>>> Binder
>>>>
>>>>
>>>>> On Dec 12, 2014, at 4:42 PM, Phil <[email protected]> wrote:
>>>>>
>>>>> Bob,
>>>>>
>>>>> FYI- they're at it again. Just rattled the windows in my house.
>>>>> I
know you're off today, but just want to let you know for the record.
>>>>>
>>>>> Thanks,
>>>>> Phil
>>>>>
>>>>>
>>>>> Sent from my iPhone
>>>>>
>>>>>> On Dec 11, 2014, at 10:49 AM, Bob Rollins
>>>>>> <[email protected]>
wrote:
>>>>>>
>>>>>> Hi,
>>>>>>
>>>>>> Good, then I have something to follow up on. Did you notice it
about the time I described this morning?
>>>>>>
>>>>>> I appreciate all of your patience and help with this. Am off for
the weekend, but will be back at the end of the drive on Monday morning.
If anyone hears the disturbance today, I will head over ASAP.
>>>>>>
>>>>>> Happy Holidays!
>>>>>>
>>>>>> Bob Rollins
>>>>>> Building/Code Enforcement Official City of Hermosa Beach, CA
>>>>>> (310) 318-0219
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> -----Original Message---->>>>>> From: Robert Walsh [mailto:[email protected]]
>>>>>> Sent: Thursday, December 11, 2014 10:38 AM
>>>>>> To: Bob Rollins
>>>>>> Cc: Larry Nak; Phil; [email protected]; Shelli Margolin-Mayer;
>>>>>> Michael Binder
>>>>>> Subject: Re: Cypress Crossfit Gym Update
>>>>>>
>>>>>> Yes Bob. That thumping, which is not usually faint, comes along
with vibrations inside our homes. It starts most mornings at about that time.
>>>>>>
>>>>>> I appreciate your continued interest and follow up on this matter.
>>>>>>
>>>>>> Regards,
>>>>>> Robert
>>>>>>
>>>>>>> On Dec 11, 2014, at 7:47 AM, Bob Rollins
>>>>>>> <[email protected]>
wrote:
>>>>>>>
>>>>>>> Good Morning,
>>>>>>>
>>>>>>> Yesterday on my way to Larry's house at about 7:15, I heard the
metallic clanging I have reported in the past. I went to J & B Plumbing and saw that, as
in the past, the noise was due to the workers loading pipes and equipment into their
trucks. I spoke with management, told them about the 8 am quiet time and she seemed
to be sincere in her concern.
>>>>>>>
>>>>>>> Please let me know if this helps reduce noise in the neighborhood.
>>>>>>>
>>>>>>> This morning I got to Larry's about 7:06. While standing
>>>>>>> against
the wall at the end of the drive, I heard faint thumping sounds. It sounded like a heavy
truck hitting a bump. I heard it about 6 times in three minutes. Did any of you hear
this? If so, was it consistent with the ongoing disturbance?
>>>>>>>
>>>>>>> Thanks,
>>>>>>>
>>>>>>> Bob Rollins
>>>>>>> Building/Code Enforcement Official City of Hermosa Beach, CA
>>>>>>> (310) 318-0235
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> -----Original Message---->>>>>>> From: Bob Rollins
>>>>>>> Sent: Tuesday, December 09, 2014 6:46 AM
>>>>>>> To: 'Larry Nak'
>>>>>>> Cc: Phil; Robert Walsh; [email protected]; Shelli
>>>>>>> Margolin-Mayer; Michael Binder
>>>>>>> Subject: RE: Cypress Crossfit Gym and Loma Residents
>>>>>>>
>>>>>>> Good Morning,
>>>>>>>
>>>>>>> I do not think a meeting with Jed would be productive until it
>>>>>>> is
proven that the noise/vibration comes from his gym. I will be out there again this
morning between 7 & 7:30 to see if I can detect anything.
>>>>>>>
>>>>>>> To be clear, I have been called out by Larry, Phil and Alecia
(apologize if I did not spell her name correctly) when they said that the noise was
occurring, and have not heard it. All three told me that it had stopped between the time
they called and the time I arrived, a lapse of 5
- 15 minutes.
>>>>>>>
>>>>>>> Is it everyone's experience that these sounds are sporadic
throughout the day and that they last for 5 to 15 minutes at a time? Your assistance is
appreciated.
>>>>>>>
>>>>>>> Thanks,
>>>>>>>
>>>>>>> Bob Rollins
>>>>>>> Building/Code Enforcement Official City of Hermosa Beach, CA
>>>>>>> (310) 318-0219
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> -----Original Message---->>>>>>> From: Larry Nak [mailto:[email protected]]
>>>>>>> Sent: Monday, December 08, 2014 4:21 PM
>>>>>>> To: Bob Rollins
>>>>>>> Cc: Phil; Robert Walsh; [email protected]; Shelli
>>>>>>> Margolin-Mayer; Michael Binder
>>>>>>> Subject: Re: Cypress Crossfit Gym and Loma Residents
>>>>>>>
>>>>>>> Bob
>>>>>>>
>>>>>>> Thank you for investigating the situation. Just an idea but can
you set up a potential meeting with all involved on Loma street and Jed.
Maybe Jed is unaware that the dropping of the weights is disturbing the neighborhood,
probably close to 40 or more people are affected in a negative way. As you know there
have been complaints more than halfway down Loma street and also from Residents of
Cypress street too. From some of the past conversations it seems like the crossfit gym
in general does not understand our overall dissatisfaction with the noise and
disturbance
created. If all affected and Jed got together I would hope we could find
a solution.
>>>>>>>
>>>>>>> I am sure the gym would want to do exist within the neighborhood
in a friendly manner as would we.
>>>>>>>
>>>>>>>
>>>>>>> Please let me know
>>>>>>>
>>>>>>> L
>>>>>>> Sent from my iPad
>>>>>>>
>>>>>>>> On Dec 8, 2014, at 1:44 PM, Bob Rollins
>>>>>>>> <[email protected]>
wrote:
>>>>>>>>
>>>>>>>> Good Afternoon,
>>>>>>>>
>>>>>>>> I was at the gym and at the end of Larry's driveway from about
7:10 to 7:30 this morning and detected no unusual noises or vibrations. I did have the
opportunity to discuss this with Phil's wife Alecia today, and explained my thoughts to
investigate this and try to bring it to a conclusion.
>>>>>>>>
>>>>>>>> I propose to contact Jed Sanford, one of the owners and ask
>>>>>>>> when
the free-weight training classes are held. Once I have the schedule I will share it with all
of you and try to coordinate the following exercise. I will go to the gym and observe the
activity there while one of you are home to monitor. Then I will come to whoever's
monitoring and listen there with them. I think this should be able to isolate if the
noise/vibration is coming from the gym and if it is a violation of the noise ordinance.
>>>>>>>>
>>>>>>>> Please share your thoughts about this plan with me. I will
>>>>>>>> send
the schedule once I get it from Jed.
>>>>>>>>
>>>>>>>> Thanks,
>>>>>>>>
>>>>>>>> Bob Rollins
>>>>>>>> Building/Code Enforcement Official City of Hermosa Beach, CA
>>>>>>>> (310) 318-0219
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> -----Original Message---->>>>>>>> From: Phil [mailto:[email protected]]
>>>>>>>> Sent: Thursday, December 04, 2014 11:38 PM
>>>>>>>> To: Bob Rollins
>>>>>>>> Cc: Robert Walsh; Larry N; [email protected]; Shelli
>>>>>>>> Margolin-Mayer
>>>>>>>> Subject: Re: Cypress Crossfit Gym and Loma Residents
>>>>>>>>
>>>>>>>> Bob,
>>>>>>>>
>>>>>>>> Thank you for taking the time to chat today and investigating
>>>>>>>> the
noise and vibrations from the gym. The noise stopped shortly after we
spoke, so I'm not surprised you didn't hear it.
>>>>>>>> It seems you're not there when the weights are being dropped
because it's more of a sound like thunder, not metal clanking.
>>>>>>>> It's not a case of one person dropping weights, but rather the
whole class. It happened again at around 12:30pm.
>>>>>>>>
>>>>>>>> As far as the code for residential is concerned, I believe my
neighbors and my wife and I are all reasonable people of ordinary sensibilities. I've
spoken to many more of my neighbors, some even further south than us, who have
expressed a constant annoyance by the sound. While not constant, it's definitely
pervasive. I appreciate your efforts to stay on top of this and will let you know next time
it's happening.
>>>>>>>>
>>>>>>>> Thanks,
>>>>>>>> Phil
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> Sent from my iPhone
>>>>>>>>