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Home My WebLink About6.2 Variance Request Dublin Cyclery Lo AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 27, 1989 SUBJECT: PUBLIC HEARING: Request for Variance to Section 22 . 19 of Ordinance 58-87 Which Requires Installation of Automatic Fire Sprinklers Throughout the Existing Building When an Addition is Made to an Existing Building Which is Greater than 5, 000 Square Feet in Area APPEALANT: Charles R. Tyler Dublin Cyclery 7381 Amador Valley Blvd. Dublin, CA 94568 (ReporL prepared by Vic Taugher) EXHIBITS ATTACHED: 1) Letter from Freeman P. Graves dated 2/6/89 2) Copy of Section 22 . 19 Ordinance 58-87 3) Plot plan showing existing building and addition 4) Letter from Fire Chief 5) Draft Resolution denying Variance RECOMMENDATION: J 1) Open public hearing. 2) Receive Staff presentation. 3) Receive Public Testimony. 4) Close Public Hearing. 5) Deliberate 6) Adopt Resolution denying variance. FINANCIAL STATEMENT: No additional identifiable cost to City. DESCRIPTION: On August 17, 1987, it came to our attention that an addition had been constructed on the above property without a permit. The addition is shown on the plot plan (Exhibit 3) as Area #1 and it contains approximately 530 square feet. The addition does not comply with the building code in that the exterior wall is required to be 1 hour fire resistive and extend 30" above the roof. The purpose of this requirement is to minimize the potential for the spread of fire from one building to the other. The appe' alant is aware of this requirement. Subsequently, a Site Development Review was obtained to reconstruct the addition and expand it to the north and east property lines so that the total area of the addition would be 760 square feet. A search of records indicates on the original construction of the building (Area 2 shown on the plot plan) was an open space surrounded on two sides by a 9 ' high concrete block fence. This space was designated as "compressor space" and the compressors were for the, refrigerator equipment -,,•n N•:,hat was original-ly a food market. Subsequently, the "compressor space" was roofed over without a permit. On January 13 , 1987, Ordinance 58-87 became effective. Section 3802 (c) requires an automatic fire extinguishing :system in a Group B (Business) occupancy when the floor area Exceeds 5, 000 square feet. Section 3802 (i) 4th paragraph provides that when ----------------------------------------------------------------- ITEM NO. COPIES TO: Charles R. Tyler Freeman P. Graves Fire Chief an addition is made to an existing building and the addition and the existing building exceeds the area limitation (5, 000) square feet the automatic fire extinguishing system must be installed. The original building was 14,400 square feet and with the additions #1 and #2 is now 15,350 square feet. Dublin Cyclery now occupies 5, 670 square feet (including additions) . Ten additional tenants occupy the balance of the building. In order to obtain a building permit for the additions, it will be necessary to install automatic fire sprinklers throughout the entire building (14, 400 square feet plus additions) . The addition as proposed plus the illegal addition constitutes an 8.2% increase in the floor area of the original building. (Note the area figures in the letter from Freeman P. Graves "Exhibit 1" are incorrect) . The alternative to installing automatic fire sprinkles is to remove both additions. In order to grant a variance the City Council must find that the variance is consistent with the intent of the ordinance and that granting the variance will not lessen the protection of the people of the City of Dublin and the property situated therein. It is the opinion of the Building Official these findings cannot be made in this case. The Fire Department is also opposed to granting the variance (Exhibit 4) . It is recommended that the variance be denied. ae LAW OFFICES OF FREEMAN R GRAVES � \ FREEMAN P. GRAVES PROFESSIONAL CORPORATION TVLEPHONE 1931 SAN MIGUEL DR.,SUITE 220 �SII) 934-9400 WALNUT CREEK,CALIFORNIA 94596 J February 6 , 1989 City Council CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94568 Re : Planning Application No. 88'-064 Dublin Cyclery SDR Address : 7381 Amador Valley Blvd. APN: 941-175-21-8 & 6 Applicant: Charles R. Tyler, Dublin Cyclery Property Owner : Dr . Harold Zlot 190 El Cerrito Plaza E1 Cerrito, CA 94530 Members of the City Council : This office represents Charles R. Tyler, owner of Dublin Cyclery with a store located at 7381 Amador Valley Blvd. , Dublin. A shed-styled structure approximately 760 square feet in size has been constructed at the back of the building located at 7381 Amador Valley Blvd. An inspection determined the structure was not in conformance with city codes. In an effort to comply, Mr . Tyler applied for a Site Development Review Permit which was approved subject to certain conditions set forth in Final Action Letter dated July 25, 1989 . He is willing to comply with all conditions in the action letter except for the requirement to install a sprinkler system in the entire building of approximately 7 , 500 square feet including the addition. Dublin Cyclery has existed over ten years, leases 3500 square feet and the lease is for a minimum of 5 more years. Applicant Tyler was and is willing to comply with all conditions of approval including "an approved automatic fire protection sprinkler system" , for the storage structure only, not the entire building. To comply with all of the codes and regulations Tyler must install an automatic fire protection sprinkler system in the entire building of 7 , 500 square feet. The owner/landlord has - _ been contacted and is nc�r.. interested in upgrading his tiui-Idi-ng . s EXH161 , .�_�� City Council CITY OF DUBLIN Page Two February 6 , 1989 The tenant is not in an economic position to undertake the improvement of the entire building therefore asks for a variance to eliminate this one requirement. Applicant will comply with the required sprinkler protection system for the addition. On behalf of the applicant it is believed this requested variance is consistent with the purpose of the ordinance and will not lessen the protection to the people of the City of Dublin and/or the property situated therein in that the new construction will be protected by a sprinkler system. On behalf of the Applicant request is made for a variance to eliminate the requirement to install a sprinkler system in the entire building other than the addition. Yours very truly, FREEMAN P. GRAVES, PROF. CORP. BY: F. P. GRAVES FPG/gmd cc : Charles Tyler, Dublin Cycler_y Laurence Tong, Planning Director Victor Taugher, Building Dept. Director A. .Does not exceed 253 of the projected area of the existing roof may use material similar to the existing roof covering material, B, Exceeds 253, but does not exceed 508 of the projected area of the existing roof shall use roof covering materials as required for new roofs. C. Exceeds 508 of the projected area of the existing roof, the entire existing roof shall be replaced with materials as required for new roofs, 4. '•Roofing Area'3: Any new roof for buildings housing R & M occupancies in Roofing Area 3 shall use roof covering material that conforms to Class`C or better when tested in accordance with UBC Standard 3207, or shall be made of concrete, ferrous or copper metal, clay, slate or.other similar non-combustible material. Any alterations, including replacement or repairs may be material similar to t existing roof covering material, but may not use materials having a lessor firer retardancy. 5. Other Occupancies. Any new roof covering and any alterations, repairs or replacement of roof covering material for buildings housing all other occupancies shall conform to-the requirements as set forth in Roofing Area 1. 6. Other Provisions. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics_ in roofs, see Chapter 52. For solar energy collectors located above or upon a roof See Section 1714. Section 22.17 Section 3301(e) Chanter 33, Part VI: Building Accessibilit y. on page is amended to read: Section 3301(e) Building Accessibilitv. Building or portions thereof shall be accessible to the physically handicapped as required by Title 24 California Administrative Code. Wherever there is a conflict bet-een any of the provisions of t--,- code and Title 24, the provisions of Title 24 shall prevail. Section 22.18 Section 3703(f) Chapter 37, Part VI: Height and Termination. Section 3703.(f) on page 588 is amended to read: Section 3703(f) Height and Termination. Every chimney shall extend above the roof the highest elevation of any part of a building as shown in Table No. 37-B. For altitudes over 2,000 feet, the Building Official shall be consulted in determir,,n_ to height of the chimney. All chimneys attached to any appliance or fireplace that burns solid fuel shall terminate in an approved spark arrestor. The spark arrestor shall have a screen whic will not permit passage of spheres having a diameter larger than 1/2 inch ror block passage of spheres having a diameter of less than 3/8 inch. Spark arrestor shall have a net free area of not less than for (!.) times the net free area of the chimnev it se:-:Es. The screen shall be constructed with material having the following thickness: Steel 12 gauge (.104 inches) Galvanized Steel 24 gauge (.025 inches) Aluminized Steel (T1-40) 28 gauge (.018 inches) Stainless Steel 30 gauge (.012 inches) When alterations, repair or additions requiring a permit and having a valuation in excess of $1,000.00 occur in an existing building that has a chimney attached to any appliance, fireplace or incinerator that burns solid or liquid fuel and said ch,=-,ey, does not have a spark arrestor, a spark arrestor shall be installed. Section 22.19 Section 3802. Chapter 38. Part VI: Automatic Fire-Extinguishing Svsters. on pages 597, 598 and 599 is amended to read: Section 3802 Automatic Fire-Extinguishing Systems. (a) Where Required. An automatic fire-extinguishing system shall be installed in t,.._ occupancies and locations as set forth in this section. For Special provisions on hazardous chemicals and magnesium, and calcium carbide, see the Firt% Code_ (b) All Occupancies Except Group R. Division 3 and Group M. Except for Group R, Division 3 and Group M Occupancies, an automatic sprinkler system shall be installed: 1 -26- � 1. In every story or basement of all buildings when the floor area exceeds 1500 square feet.and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story or basement on at least one side of the building.•_Openings shall have a minimum dimension of not less than 30 inches. Such openings shall b accessible to the fire department from the exterior and shall not be obstructi in a manner that fire fighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet from such openings, the story shall be provided with an approved aHt9matic sprinkler system, or openings as specified above shall be provided on at least two sides of an exterior wall of the story. If any portion of a basement is located more than 75 feet from openings require_' in this section, the basement shall be provided with an approved automatic sprinkler system. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. 4. In protected combustible fiber storage vaults as defined in the Fire Code. (c) Group A, B, E, & H-4 Occupancies. -Automatic fire-extinguishing systems shall be installed in all Group A, B, E, & H-4 occupancies when the floor area exceeds 5,000 square feet. (d) Grouo H-1, 2, 3, & 5. Occupancies. Automatic fire-extinguishing system shall be installed in all Group H-1, 2, 3, & 5 occupancies when the floor area exceeds 1,500 square feet. . (e) Group H-6 Occupancy. Division 6. An automatic fire-extinguishing system shall ce installed throughout buildings containing Group H, Division 6 Occupancies. '..._ design of the sprinkler system shall be not less than that required under U.B.C. Standard No. 38-1 for the occupant, hazard classifications as follows: Location Occupancy Hazard Classification Fabrication areas Ordinary Hazard Group 3 Service corridors Ordinary Hazard Group 3 Storage rooms without dispensing Ordinary Hazard Group 3 Storage rooms with dispensing Extra Hazard Group 2 Exit corridors Ordinary Hazard Grouo 3 1 1 When the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers that need be calculated is 13. I (f) Group I Occupancies. Automatic fire-extinguishing systems shall be installed in all Group I occupancies. Exception: In jails, prisons and reformatories, the piping system may be dr,, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems in UBC Standard No. 3S-1. (g) Not Used. (h) All Group A, B. E. H. I, & R-1 & R-3 Occupancies. Automatic fire-extinguishing systems shall be installed in all Groups A, B, E, H, I, & R-1 & R-3 occupancies located more than 1 1/2 miles from a fire station providing fire protection to thaz location. Said distance shall be measured in a. straight line, Exception: For R-3 occupancies systems required by this subsection shall comply with the requirements of NFFA Standard 13 d, 1985 Edition. �1 r,= t • (i) •Other'Provisions. For the purpose of this section, area separations as set •• , +....i forth in Section 505(e) shall not be considered when determining the floor area limitations prescribed in this section. Buildings containing portions which are required to have an automatic fire- t extinguishing system because of the number of stories shall have the automatic fire- 1 extinguishing system installed throughout and area separation as set forth in Section 505(e) shall not be considered as creating separate buildings for the purpose of this section. -- Automatic extingishing systems in Group A, B, E & R occupancies required by this section may be substituted for l hour fire resistive construction throughout as set forth in Section 508. When the specific use of a building is not known at the time of design and -installation of the automatic fire-extinguishing system the design shall be based upon Ordinary Hazard Group 3 as set forth in UBC Standard 4-1-1. Whenever an addition is made to an existing building automatic fire-extinguishing systems shall be installed if the .existing building plus the addition exceeds the area or height limitation set forth in this section. Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in the entire building. e Section 22.20 Section 3803, Chapter 38, Part:VI: Sprinkler System Alarms. Section 3803 on page 599 is amended to read: Section 3803. When serving more than 20 sprinklers, automatic sprinkler systems shall- be supervised by an approved central, proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location. Exception: For R-3 occupancies, local alarms are acceptable. Section 22.21 Section 4401, Chapter L•4, Part.VIII: Protection of Pedestrians. Sect---- 4401 on page 658 is amended to read: . Section 4401 General. No person shall place or store any material or equipment necessary for the work authorized by any building permit on any street or alley or public sidewalk unless an encroachment permit as provided by Title 5, Chapter 1, County Ordinance Code as adopted by the City of Dublin, has been secured. No person shall perform any work on any building or structure if by so doing he endangers pedestrians on the street that buts the property, unless the protecticn. of pedestrians as specified in the Code is provided. No encroachment permit shall be required for the construction of any railing, fence, or canopy used for the protection of pedestrians if there is a valid building permit in effect for such work and the railing, fence or canopy does not extend beyond the curb or gutter if there is no cur-_. Section 22.22 Section 4402, Chapter 44, Part VIII: Temporary Use of Streets a d Alle•:. Section 4402 on page 658 is deleted. Section 22.23 Section 4403, Chapter 44, Part VIII: Stora¢e on Public Property. Section 4403 on page 658 is deleted. Section 22.24 Section 4404, Chapter 44, Part VIII: Mixing Mortar on Public Prctert•:. Section 4404 on page 658 is deleted. Section 22.25 Section 4405, Chapter 44, Part VIII: Protection of Utilities. Sectic^ 4405 on page 658 is deleted. Section 22.26 Section 4501, Chapter 45, Part VIII: General. Section 4501 on pave c;'_ is amended to read: Section 4501. No part of any structure or any appendage thereco shall project beyenc the property line of the building site except as specified in this Chapter. Structures or appendages regulated by this Code shall be constructed of materials as specified in Section 1710. -28- i A• 11 Lai 7381 Ainador Valley Blvd 0 - D GHERTY REGUAIIIAL �L FIRE AUTHORITY �g 9399 Fircrest Lane SERVING San Ramon, CA 94583 DUBLIN&SAN RAMON (Telephone) 415-829-2333 ` 1� February 16, 1989 Vic Taugher, Planning Department City of Dublin 6500 Dublin B1. Dublin, CA 94568 Dear Vic: After our conversation regarding :the illegal construction and variance requests at 7381 Amador Valley Bl. , I reviewed the requirements in the 1985 U.B.C. and the 1985 U.F.C. in effect within the City of Dublin. It is apparent the addition on the north end of the building is in direct violation of these Codes. As a practical matter, this illegal construction has greatly increased the fire danger to and from adjacent structures. This is due to the type of construction as well as the location on the property. The size of the building at 7381 Amador Valley Blvd. , prior to the illegal construction, was of sufficient size to require fire sprinklers. However, our sprinkler requirements are not retroactive to existing structures unless there is a change in use or size to the building. The illegal addition is most certainly a change in the size of the building. This building, because of its size and location, has long been included in our "Target Hazard" system. An automatic fire sprinkler system would greatly reduce the chance of a major fire originating in this building. Due to potential property damage and life hazard associated within the illegal construction, the Fire Authority is not willing to support any lowering of Building Code or Fire Code requirements or the granting of a variance. i O erely, LD N. RITTER, Fire Chief HNR/liw RH 61 RESOLUTION NO. - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- DENYING VARIANCE TO SECTION 22.19 OF ORDINANCE 58-87 WHEREAS, Charles R.- Tyler, Dublin Cyclery has requested a variance to Section 22.19 of Ordinance 58-87 of the City of Dublin which requires installation of automatic fire sprinklers throughout the existing building when an addition is made to an existing building which is greater than 5,000 square feet in area; and WHEREAS, the City Council did hold a public hearing on this matter on February 27, 1989; and WHEREAS, the City Council finds that granting the variance would lessen the protection to the people of the City of Dublin and property situated thereon, and that the granting of the variance, is not consistent with the spirit and purpose of the Building Code; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby deny said requested variance. PASSED, APPROVED, AND ADOPTED this 27th day of February, 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk ru tAH U11,