Loading...
HomeMy WebLinkAbout3.4 Heritage Commons Tr 4950 (!:11.1f tlf7 DUBC7JQ AGENDA STATEMENT , 1�D—LID Meeting Date: October 25, 1982 `"i SUBJECT : Request for Variance to Building and Plumbing Code Heritage Commons Tract 4950 • EXHIBITS ATTACHED : Letter from Building Official dated October 12, 1982; Letter from , Gordon Crespo dated September 24, 1982; Resolution; Site Plan. • RECOMMENDATION : Adopt resolution granting variance V-A4r-- FINANCIAL STATEMENT: None DESCRIPTION : The City has received a request from Neely/Lofrano Incorporated on behalf of the developer of Heritage Commons, Tract 4950, for a variance which would exempt the developer from certain sections of the Uniform Building and Plumbing Codes. The request stems from the fact that the developer recorded his tract map with all 79 units shown as airspace condominiums, with all property owners sharing ownership of the land. Of the 79 units, the developer plans on building 32 units as townhouse type units designed as separate single family dwellings. (See units circled on attached map. ) The developer did not make a change designating these units as townhouses with separate property lines prior to the filing of the final map because of the delay that would result, and the possibility that the sewer permits for the project would expire. As indicated in the Building Official 's letter, although there are no structural differences between the 32 units proposed by the developer and townhouses, the code considers such units as condominiums because there are no property lines between the units. This distinction is arbitrary and has no bearing on the safety of the units proposed. The developer has re- quested an exception to the plumbing code to permit plastic plumbing in these units only. The Building Official concurs provided that no plastic plumbing is installed in party walls. Plastic pipe is permitted in townhouses by the Code. The developer has also requested permission to install (2) one-hour walls between units rather than (1 ) two-hour wall . The Building Official has indicated that the (2) one-hour walls actually provide greater fire resistance. Finally, the developer has requested that the garages for these 32 units be treated as if they were part of a single family residence.. Once again, because of the (2) one-hour wall . between units there would be greater fire resistance. COPIES TO: Vic Taugher ��// Gordon Crespo ITEM NO. 3. T AGENDA STATEMENT: Request for Variance to Building and Plumbing Code - Heritage Commons Tract 4950 Page 2 In summary, the developer is requesting that the 32 B and BF units be treated as townhouse (single-family dwellings) , and that the building and plumbing code sections which apply to such construction apply even though no property lines exist between each unit. It is Staff's recommendation that the City Council adopt a resolution granting the variance in accordance with the recommendations of the Building Official . a I - '` ■ O, °p COUNTY OF ALAMEDA �� - PUBLIC WORKS AGENCY E c E j V ••i its_ .) , -; 399 Elmhurst Street • Hayward, CA 94544-1395 E D ,, ro a. 71!.J.ih4-3 (415) 881-6470 UCT 1 9e = 881-6651 C `��98z lrY Sources BUILDING INSPECTION DEPARTMENT OF D{� 8(/iv 4 October 12, 1982 1 Richard Ambrose i City Manager City of Dublin 6500 Dublin Blvd. Dublin, Ca. 94568 RE: Request for Variance to Building and Plumbing Code. Heritage Commons TRACT 4950 Attached is a letter from Neely Lofrano Inc. requesting, on the behalf of the developer several variances to the Building and Plumbing Code. This project consists of 79 units arranged in 9 separate buildings. The B and BF units are so called "Townhouses" , that is the bedrooms are on .the second floor and the living room and kitchen is on the first floor. The other units designated as C-D are arranged as a module of a unit and 3 garages on the first floor and 2 units on the second floor. The townhouse units are clust- eked with thetC - D units in several combinations forming 5 separate buildings. The project was originally designed and approved as air space condominiums. Subsequently the townhouse type units were designated as separate lots and the buildings were designed as separate single .family dwellings. Later it was determined that this change did not conform to the tentative map approval. Before permits could be issued the plans were revised indicating that each building was in a multiple dwelling. The code requirements for multiple dwellings are some what more restrictive than that for single family dwellings. Plastic plumbing is not allowed in multiple dwellings. Similarly, a full 1-hour fire resistive fire separation is required in multiple dwellings. Finally, two-hour fire separation walls are required in the multiple dwellings. This is a request to permit the townhouse units to be con- structed in accordance with the rules for single family dwellings although the townhouse units are not on separate lots. • Richard Ambrose -2- October 12, 1982 The townhouse units are designed so each unit has separate 1-hour fire resistive walls at the party wall. Thus, there are 2 1-hour fire resistive walls separating each unit. This provides greater fire resistance than the code requires (a 2 hour fire wall every 3000 sq. ft. ) . In other words the townhouses were designed as separate single family units but are not considered single family units because there are no property lines. In my judgement the request to allow these units to be built as single family units is reasonable provided that the plastic plumbing is not installed in the party walls. The purpose of this recom- mendation is to reduce the risk of spread• of fire from unit to unit by the use of combustible• plumbing piping, and to reduce transmissions of noise from unit to unit. (Plastic waste lines transmit considerable noise when water is flowing down the drain) . This recommendation has been discussed with the applicant and he is in agreement. Therefore, it is recommended the attached resolution be adopted granting the requested Variance. VICTOR L. TAUGHER BUILDING OFFICIAL VLT/bw cc: Gordon Crespo Neeley/Lofrano Inc. 222 Seventh Street San Francisco, Ca 94103 W . _ . ( r NEELEY/LOFRANO INCORPORATED 222 SEVENTH STREET SAN FRANCI O, CALIFORNIA 94103 (415) 552-9191 alSeptember 24, 1982 RECEIVED , Mr. Larry Tong Planning Director ,/'. S�P i982 City of Dublin DUBLIN PLANNING Dublin, CA I. RE: Heritage Commons -- Tract 4950 Dear Larry: This letter is in response to our phone conversation on September 23 during which we discussed the developer' s desire to be exempted from specific sections of the Uniform Building Code and the Uniform Plumbing Code as amended by Alameda County, which we feel unnecessarily raise the cost of the 'B' and 'BF' units in the Heritage Commons complex. As you know, the increasing cost of housing is a concern to all. We have determined that specific sections of the Uniform Plumbing Code (as amended by Alameda County) and the Uniform Building Code will unnecessarily increase the cost of the 'B' and 'BF' units simply because of the fact we do not have an established property line between the units. We would also like to point out that, in respect to the use of PVC plastic pipe, we are asking only that we be exempted from an Alameda County "amendment" to the Uniform Plumbing Code. The Uniform Plumbing Code itself allows the use of PVC in all residential construction. It has been suggested b gg by Mr. Ed Callendar of the Alameda County Building Department that instead of our attempting to revise the final map to add property lines, a more expeditious method of overcoming these cost increases would be to request an exemption from the specific sections of the Codes. The main items which account for the substantial increase in the cost of the units are as follows: 1. The use of PVC plastic material in drain pipes and vent pipes. This item is covered in Chapter 4 of the Uniform AR[:HITFCTIIRF IU ACTGR DI AAIAIIMf oTnoc 1-% cs1/.41 ,'r1Ar ..... Plumbing Code, as amended by the County of Alameda, Section 7.42.1 and Section 7.42.1A. The amended code requires the use of metal pipe in multi-family construction, whereas the U.P.C. allows plastic pipe. We would specifically ask that we be allowed to use PVC (plastic) material in the B and BF units for drain pipe and vent pipe. 2. Two-hour fire separation requirements between units. The specific chapter that applies to this item is Chapter 13 of the 1976 Uniform Building Code, Section 1302.b and Chapter 5, Section 505 d.3 . The code requires (1) two-hour wall separation between structures when they exceed 3000 square feet on the second level. If the project was a townhouse development, the property line created between units would be considered to separate the structure into areas of less than 3000 square feet, thus not requiring the need for (1) two-hour separations. We feel that the absence of an artificial property line between units should not change the type of construction required. We would specifically ask that each individual B unit be considered a separate structure as if a property line existed between them. We would then comply with all construction requirements as typically required for zero lot line housing which includes (2) one-hour walls on each side of such property lines. 3 . The enclosure of the hot water heater and one-hour ceiling rating of the garage in the B units. We would specifically ask that we be allowed to treat the garages in the B and BF units as if they were part of a single-family residence (as discussed in 2 above) , which therefore would allow the water heaters to be placed in the garage without enclosures and allow the water heater flue to run through the garage ceiling and flue shaft to the roof. We would appreciate it if you would respond as quickly as possible to this request. Construction is expected to begin soon, and there is a limited amount of work that can be done on the structures prior to determining the outcome of this request. Thank you in advance for your consideration. Yours •ruly, iv /9 Gordon Crespo GC/tpr 81811.4 C-1 cc: Mr. Al Steen Diablo Ventures West RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING VARIANCE WHEREAS Neely/Lofrano Inc. , has on the behalf of Heritage Commons, Joint Venture 222 Seventh Street, San Francisco, CA 94103, the developer of Heritage Commons, Tract 4950 has requested a variance so as to permit the B and BF units in Tract 4950 to be considered as single family dwellings; and WHEREAS, the B and BF units were originally to be separate dwellings on separate lots and or designed to. be single family dwellings and the plans for said units conform to all code requirements for single family dwellings; and WHEREAS, subsequently the development was changed so that all of the units are to be air space condominiums rather than separate lots; and WHEREAS, the B and BF units must under the code be considered as units in a multi-family building and therefore must meet all the requirements for multi-family buildings; and WHEREAS, the B and BF units will each have separate one-hour fire resistive walls at each party wall thus creating 2 separate one-hour fire wall between units; and WHEREAS, good cause appearing to this City Council . NOW, THEREFORE, BE IT RESOLVED that Heritage Commons, Joint Venture, is hereby granted a Variance so that the B and BF units in Tract 4950 be considered as single family dwellings subject to the condition that no plastic pipe be installed in the party walls. BE IT.FURTHER RESOLVED that all construction shall otherwise comply with the City of Dublin Building Regulations. PASSED, APPROVED AND ADOPTED this 25th day of October, 1982. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk •l32JDr f- !;5 W 0Q I ©N��SG%s,.77�� O • I b .d3i°f0.:.1%; ' e .vsSb9ss�l © 0 0 —-- s!!o4 .. r .tea.a, A s v - .�-_72:0:-.17-1- -- .1.. —.0 e-r--41441[4:44%— t r.-- O i, ' F/ —, %GEs0fGS' .tis-s• ' �;�'o. y,. 'h..r '.d. O�v. :Iv oss.. c1 0~i G 1 H3 �G 3y' ` I- o\i N cP ��(b O iYG/O 737E . .•G I`- S /A', qI j n' A � i � TRACT Cji�9 O --f % , �--y • C W y to Vr\• t t0� e' _ �3- s-s 31 0 D o- Ni. -,‘.s LI \L _1%1 .1..._ ,y�1 W `R T u p-J. G--? .- - I m GvR3 `. o,3to 47) is i 0 `6 .P �� N /_--, .27 l ,O -z" �-" e--.OOH. Lr.�� •is>i- "'--� STREET) m � STAGECOA STAGECOACH DRIVE t V E (A PRI ATE 1�,.tls�sOb�Jl a• , 1/4• -. , .v.AV_10G_sw;41 .0".Rt+� p - ip4.0o' 23 tt� .Y.3f c et u. ®'Ea :, rp P A E..P.O.E..SD.E..S.S.E.. Q i W.L.E 4 R O 4 cr— l',,ft 'h �• , r0� rn o "8 _ _ w .p• -1 CO 'I 55000" , b'!1•50.Ob'!N 1€ i a W -I a - �\ q �, U \ -''''V. ;° -`; m, `� : ® ' 3 '`'ciao �oI ' �� 11 14•% \- 3 06.00 C • N © A A', — . N %nlID,` I m : W .k `� ca Ut a Ai 1` N\ r A R1 ♦ i Q `1'1 C�` 11 i ' A 1 8+ n►/ 1 °' rn I 66ao. ^, '• % Z t r �' �� --'-i%r. I`J/® L 0, ° ° p© �'i3 0 C <O Ib� OGO ' cUn ' r I r W C w a C �I \ ,0,% tm • 6600' N °' O 0 e+ A 0, • A V.. O _ N = '' < %D 1 1,���+' k l.) %N ' m e O 0 $ ' 0 ��� OA `'1 I J I 1 0o A yp �Y^tv V I �i Al I co v ,,p fvCe O -1•`1 I� m -j �pp , -G.DD• co W 4 t a k) ut Q ,` ✓ Z m m i .00 i g • m N ,, -' < % t l k Q I w N N t \ ,-,1. , m___a• ...1 .. A �m 0 it v 1 `� }• I� ` /may o��1 r l . i 40. 4 i N *11,..“\\ > 4 I ' .4/N. '4/ ' k . c\r_ ` t� SIMI, - s *. dyetii. mom I je/icn l �4 . ��1 g v; C IOMZOm . " I I I O�� .� a%.e. s.s E. � 0 ' o r Z �o rrn C a ��w `h,+ n�u (q PRIV4 ■1�S1R T) ^�∎5Ip11aa�° C I Z m A 0 > O ' v°�� �' I I '�m TES 4 .'� r m N iD 1 m � 8 13 7° C / _1_• ____ I y/ asaJT-4�l.• O `� i ',* ' �O 1 Z m '� 7DC r co....7?240 lr;/.9.7cie7• •. O .f�9A%`O 06-�� �OO� �1 R CO > CO Z 2 i �p .a09.'SOlsurs•G) 'l �'\ , .,1i I Z -1 v—i < > m r. vW p ` mNC k • DESIGNATED REMAINDER S�y�� C) m 0 -< -r ocn Al \ ! b �j I I ? ° _ > A C 'v W � p / °- r^ c .0 V V .4i\ b � • t >13 L.) . p .S 1 A k, p 8 > Ornr < p .� % b �+• m �O' � CZmomn k'! V% • > • a- m O i - ny � m Z -I O � yt m aim Z cn fn o 0 % k y 1 > m _,-' ®m®O®©®©4®®O®®0®©O€ J • • OO h in o c 5> 44h. lk I� � �n I� Q ; > �O T0 '4 +,� kfik� �i;�Ck�0�41Cqt,4kC jn in in m in O 4a0 W ,n J i N zm W W \U vNNp pV� v` v� Om OW \ WV L� eany ti � y , z � �oW "� v .1% u, w'`»•, " tA�t;V - - -n O - > D om-{ C C ^ gym y I O 111�2400' Q�, °° f a % %• 4 4 4 %% ti 4 4 4 4 ••4 4 V Z O m CO I _ - .� Z. y I--�� N I 11e.oa', v 7 m z 1'.N W_• '�, _,_. �v - b'_ v