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HomeMy WebLinkAboutAgenda Report - July 11, 1990 (43)C 0 U N C i L COMMUNICATION' TO: BUILDING APPEALS BOARD COUNCIL MEETING DATE: July 11, 1990 FROM: CHIEF BUILDING INSPECTOR SUBJECT: DOORS IN FIRE14ALLS INDICATED ACTION: Consider an appeal to allow doors in fire resistive, property:; ine wails. BACKGROUND INFORMATION: The 1988 Uniform Building Code, Section 504(b) and City -of Lodi Ordinance No. 1476 A does not ailow doors in +ire resistive walls which are located within five feet of the ,property line. The appeals board may approve alternate methods of code compliance, provided -it finds the method offered is at least Qpuivalent to that prescribed by the code. The Building Inspection Division would issue buildinc permit to cut door openings in the firewalls of adjoining properties provided the applicant completed the following steps: A. Record a cross-over agreement between adjoining landowrer•s with the San Joaquin County Recorder's Office. B. Secure the approval of the Building Appeals Board. C. Install two, three-hour fire resistive doors --one on each side of the common property line. D. Provide plans of proposed construction. Plans must be prepared by a licensed architect or engineer. NOTE: This method was used at the J.C. Penney store to accommodate the catalog sales office in the adjoining property. Recording Requested By JOHN L. BARKLEY When Recorded Mail To JOHN L, BARLEY Attorney at Law 404 W. Pine St., Suite 9 Lodi, CA 95240 CROSS OVER AGREEMENT BETWEEN ADJOINING LANDOWNERS This Agreement is made this Jay -of June, 1990 by and between JUNE MARGARET BUSH, the party of the first part, herein- after erein-after referred to as 'BUSH" and JOSE R. TAPIA and EVA P. TAPIA, husband and wife, the party of the second part hereinafter referred to as "TAPIA". WHEREAS, Bush is the owner of that certain real property commonly known as 127 No. Sacramento St., Lodi, California, more particularly described in Exhibit "A" which is attached hereto hereto and by this reference made a part hereof. Said real property will be referred to in this Agreement as "Parcel I"; and WHEREAS, Tapia is the owner of that certain real property commonly known as 125 No. Sacramento St., todi, California, more particularly described in Exhibit "B" which is attached hereto and by this reference made a part hereof. Said real property will be referred to in this Agreement as "Parcel II"; and WHEREAS, the parties hereto do desire to create a common crossover priviledge and right between themselves in reference to the above described adjoining parcels of property so that doorways can be installed in the common wall which separates the two Parcels so that the interior of said Parcels will be inter- connected. NOW, THEREFORE, the parties hereto do agree rs zfollow ;: 1. Two doorways shall be established in the (:ommon wall which separates Parcel I and Parcel II such that he of .said Parcels shall be inter- connected. 2. Bush hereby grants to Tapia the right --o establish the said doorways in the common wall and to use same is ;i means of ingress and egress from Parcel II to Parcel I. 3. Tapia hereby grants to Bush the right to establish the said doorways in the common wall and to use same as a means of ingress and egress from Parcel I to Parcel 11. 4. The right to use and maintain the doorways for the purpose of access between the two Parcels which is being granted between the landowners herein shall continue for such period of time as the parties hereto shall agree. Either party nay terminate this right upon thirty (30) days written notice to the other party. 5. This agreement shall be binding on and shall inure to the benefit of the parties hereto and their r`spective ;ieirs, executors, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Cross Over Agreement Between Adjoining Landowners, the day and year first above written. STATE OF CALIFORNIA ss. COUNTY OF ... SAN_ TOAQ!j' N...... . f OCFICIAL SEAL LOQRA'-NE M. PHILLIPS 4.r, - - 4 � :.,��..-1 �•01:.'...�_u;, cAu,o%.NIA � 4 l , Iy COUPITf 4 \'_:� •w Ccm•n. c•.ctres April ::. 1411 j► ----June Margaret Bush /_ � , •" % � _ -tom ' (address) JOSE R. TAPIA EVA P. TAPIA (address) On this.. 2 6th........ . day of..,, June....... • .in theyear...1.99.0......... .................................................. ............... .....before me. I orra;ine„..... Ph1.. I pS sNotary Public. State of California. duly commissioned 2*19UAt'fa�SH ............................... ..................................t.'►........................................... personally known to me Ior proved to me on the basis of satisfactory evidence, to be the person.... whose name is Subscribed to this instrument. and acknowledged that .. S he .... executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the. . .. ... . . . ._ .... County or San .T...3C�tllri ... un the dateset rorth above in this certificate. ' ; ; •,'!00C VnMt.fOn'.!0!-Y'&•0'-'r`.Cr'.^I.:w• V00N W uw^ -0. M,X tOnS .^'!..I �N W3 0'd _01V c IC 10 .S . S.Dslftl!'q t'b Jkc K” M M ..0 ' t •. V n.M 1.— R. _M .n.. -Wo ♦'.'tM ..VH. 7 1^10-.6 N 10 t. M0& .. N f' An.:'..•Sfr... +! . 1W.0ty d t'r!! to n r, uW.c r•.ny�nun _ _ i%_ 4 _ : i. � 1...=L � tai •_ Notary Puhhc. -�re at'California 1)► cummts.:ron rxplre•s April 22,' 19 91 Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals —iC C Sec 11891 — iRev 1831 I Rcal property located in the' County. of San Joaquin, "State of. Califonlia, commonly i na�m' as 127 -North Sacramento- Strect, Lodi, California, and rare particularly-'dcscrib od as follows: Portion of Lots threo ' (3) and four - (4) 'in Block fourteen (14) , as sha171 .upod Maw entitled,. "M MILiANE" filed.'..for:rccord.Augu- 2S, 1869, San Jcaluia County Records ;.. describod as follows:.,' Beginning at tie N6rthcast corner of Lor ' 4; - thence Southerly along; the ' Egsterly line.of.Lot, 4', 68 feet:to the Northe'ast, con,cr of thc.land doscrfhcd in tho Docd to Fannie M...Walling, rccorded.in-Book 'W -of �Dccd3, Vol. .552,, pag6 99; Records . of said' County; - thcnce . Was terly, • glonR. tho •. Northerly li.nc -of the. land de:seribed .in `said :Dcc1.t�` Wa121nj;, :)o .- '*t to . thc� Nortiiwcst .' ccrner -of t1 c :land��icscribcci� in: said. Reed to nR; tiicico: ��orthcrly; vIong the' Eastcrly.:.lint: of��ti�c: lana `acscrihcd •�.n::tbe--r�:cd'-'to John.P, a:id ,Nattier rceorcicci in` Book, ".0 * of... a etLi .-Vol 3G;: page .431;'�� Records' of said County . feet .to thu-Northcrly lina:of Iot a; thence Easterly 'a;ong tI' tiorLh,�rly line of Lot; 3 1 and. -4F"'!)0 fust, to tI .. -.poi.nt . of. - bc?;inninl;. EXHIBIT "All A 11 that certain real praparty situated, lying and being in tho City of Lodi, County of San caquin, State of California, described as follows, to wit: 1 portion of Lots Three (3) and Four (4) in tel9ock Fourteen (14) in tho City of Lodi, {formerly Mokelumno, according to tho Official (Map or Plat thorcof,. filed for record Auguat 125, 1869 at 8:48 am in Book of Maps and Plats, olume 2, Page 12 of San Joaquin County Records, ore particularly described as follows, to it: (Commencing at a point Fifty (50) feat North of tho North line of tho allay running East ►And West through said Block Fourteen 114) land between Locust and Elm Streets in said City of Lodi, and running thence North along the West line of Sacramento Street. Fifty- two (52) feeti thonco at right angles Westerly Ninety (90) foot; thoncc Southerly at richt angles Fifty-two (52 feets thence Easterly ,and parallel with said alley to the point of beginning. The Assessor's Parcel Number is 043-026-05. September 13, 1989 CITY OF LODI BUILDING DEPARTMENT Call Box 3006 Lodi, CA 95241-1910 ATTENTION: ROGER HOUSTON SUBJECT: LAKESHORE PROFESSIONAL CENTER 1806 W. KEI'ILEMAN LANE Dear Roger. Our client wishes us to appeal your decision to classify his building a: the above Add ress from Type V N to Type V-1 br. Your basic contention is water space cannot be considered as open arca in computing all vable area increase. Our appeal will center on this assumption. Please set the hearing date and inform us of the time. Sincerely, MORRIS & YTENELL. Areiutects and Planners, Inc. Robert P. Morris, Architect President cc: Lakeshore Professional Center, Ltd. RM:mh f.2/8876.6 301 Wes: Locus: Scree: moo:. 9524,- ,emonone 20_ 359-E25E. NEW tiDDRESS W Locxerorc S: Surae _oc. 91,240 January 23, 1990 oil CITY COUNCIL MEMBERS CTTY OF LODI 221 West Pine Strect Lodi, CA 95240 SUBJECT: BUILDING APPEAL LAMHORE PROFESSIONAL CENTER Dear City Council Members: There are several rationales for allowing the Lakeshore Professional Center to be considered as Zee V -N (non -rated) construction. First of all, the allowed square footage of the building with no increases would be 16,000 square fa&- The building has 14,279 square feet of cf5i including lobby restrcoras and 17,138 square feet gross square footage, the difference consisting cf interior circulation hallways. These hallways are rated as one-hour construction by their classification as comdors. If these corridors were outside ax3j they would not be counted as square footage. Should this project be penalized by providing a comfort and security amenity? _ Secan* the argument for increasing allowable square footage addresses the intent cf the omb: does the axle allow increases based on proximity of other buildings (as we contend) cr for fiaedepartment access? We believe the I.C,B4O, n'&q favors our �.,. argument when they say "Since the code does not require this connection (open space to - public way), a denial of a yard or open space to be used for increasing the building area based on ineffective file department accessibility should be reconsidered." The property line issue is arguable in that the property of the lake is common ownership to all properties bordering the lake, thus is, in fact, partially owner by Lakeshore Professional Center. This decision has a cost impact on the tenant improvements cf approximately $70,000. We have been pursuing this meeting on the appeal since September 13th of last year. Tenant improvements are waiting pendts based on this decision. Given these arguments we request a Type V non -rated construction. Sincerely, MORRIS & WENELL Arc 'teas and Pia. Inc. LAIC WnSK AfAftff4 \!7i at NEW ADDRESS 301 West Locus! Street 222 VJ Lockelord S! Lodi. CA 95240 S;,,tp .9 Teientione 209 369.8-158 Led.. CA 95240 MEMORANDUM, City of Lodi , Community Development Department TO: CITY CLERK AND CITY Com, '1MIM111=1111SI 1►': •' DATE : NARY 22, 1990 SUBJECT: APPEAL BY NUM & WENELL , ARCMM - LAKESHORE CONAL CENTER, 1806 W. KETTLEMAN LANE The Uniform Building Code provides an appeal process to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the Code. By adoptingordinance, the City Council shall sit as a Board of Appeals with the Cief Building Inspector as an ex -officio Maw and Secretary of the Board. The Code restricts the numm square footage of a wood frame, non fire resistive office building, in order to protect the occupants from loss of life, the structure from fire damage and adJJ'acent buildings from same. The n durum square footage of a given building Is determined by a formula using the following factors: ? . Occupancy 2. Type of construction (i.e. fire resistive or not) 3. Public way or open yards more than 20' in width, on two or more s ides In applying this formula to the office building at 1806 West Kettleman Lane, the Building Inspection Division denied the use of separation on two sides (for an allowable area increase of 50%) due to the fact that the building is 10' from the east and west property lines and the back side of the building is on a lake. Our interpretation of the reason for the allowable area increase, using separation on two or more sides, is that Pci;i is ways and open yards provide access for Eire Department personnel and equipment, egress from the building and protection of adjacent buildings. The Code requires yards to be open, unoccupied and unobstructed. W consider a fake to be an obstruction to the Fire Department and would limit egress. Mom a building exceeds its maximum allowable square footage, one or more of the following fire resistive elements must be incorporated into the building . 1. Automatic sprinkler systems 2. One-hour fire resistive construction throughout 3. Fire resistive area separation walls City Clerk and City Council January 22, 1990 Page 2 During the plan check procedure in April of 1989, we informed Morris & Wenell, Architects that the proposed office building was over area for the type of construction (V -N) proposed. Morris & Wenell changed the type of construction to one hour fire resistive throughout and based on that change a permit was issued. Our interpretation that a lake is not an unobstructed yard is supported by the Handbook to the Uniform Building Code and the Application and Interpretation Manual, both documents being published by the International Conference of Building Officials. Even if we were to consider the lake as a yard, the distance between the wood deck, which is attached to the rear of the building, and the rear property line is only 15'11". Only yards in excess of 20' can be considered for the purpose of area increases. We feel our interpretation of the code is correct and that the appeal of Morris & Wenell, Architects should be denied. Q2.. ROGER .HOUSTON Chief Building Inspector RGH/cag }�wATEeMe?er. � ' ---- KetfEL r%44 LA ir•------•--_._»•----------------------------- Y��. --- T -------------------------------------- 13650' 17'6" q%OW Mr (� (f-K!!L i -------------- 7 1 on ----j• - . ` _. L 32.08• 5l % 1t K A J C3 r t c Y 04 ^, r t� L 25.03. �•./ !/ I t 1'�! J '•10'0=' % t �f�I.V40 Flee _ ` 91111 ( vtinE. - IW5' I m N I i ( { Go.4 51M1t # `• { . 4&4 407.1 s•s" cork--fEE�I PIa"r.l �I�µ WALKE'i�,- 1 RRO0bbEb: b7OL- ING (. ►::� Id1. (1tJ VI -l -X1.1. 31.;,-t i Ynl{IVIW(a AKEA • 17,1156 5A. Ft- 8.0' Mous ----------- L:�] �-- ----------------------- --------------------------- - - t►' . _ . _ _ . .(� 1x2.21 ./tz_.._ SITE PLAN SCALE: 1"=20.0' 8876-122088 TM RI pRODUMON OF THIS DOC[1MOU CANN(Yr BE } IMPPDM) DUE TO THE OOI ILTION OF THE ORIGINAL SOS -506 UNIFORM BUILDING CODE B. Where the lower roof -ceiling framing elements are gmpcn&cWw to the waif. the entire span of such framing and elements supporting such fuming shaft be of not less than one-hour fire-tesutive construction. C. Openings in the lower roof shall not be located within 10 feet of the arts separation wall. See Chapters 6 to 12 inclusive forspecial occupancy Provisions - Allowable Area Increases Sec. 506. (a) General. The floor area specified in Section 505 may be increased by one of the following: 1. Separation on two sides. Where public ways or yards mote than 20 feet 3n width extend along and adjoin two sides of the building, floor areas may be increased at a rate of 114 percent for each foot by which the rYlilrmm width exceeds 20 feet, but the increase shall not exceed 50 percent. 2. Separation on three dcbs. Where public ways oryards more #= 20 feet in width extend along and arijon three sides of the building, floor areas may be increased at a rate of 21/2 percent for each foot by which the n**nm width exceeds 20 feet, but the increase shall not exceed 100 percent. 3. Separation on all sides Where public ways cryards more than 20 feet im width extendon all sides of a building and adjoin the enti=perimeter. floor areas may be increased at a rate of 5 percent for each foot by which the m'r*nLrn exceeds 20 feet. Such increases shall not exceed 100 percent. except that greater increases shall be permitted for the following occupancies: A Group B, Division 3 aircraft storage hangars not exceeding one story m height. B. Group B, Division 4 Occupancies not exceeding two stories in height. C. Group H, Division 5 aircraft repair hangars not exceeding one story in height. Area increases s h a I I not exceed 500 percent for aircraft repair a hangars except as provided in W o n 506 (b). (b) Unlimited Area. The area of any one- or two-story building of Group B and Group H, Division 5 Occupancies shall not be limited. if the budding is provided with an approved automatic sprinkler system throughout. as specified in Chapter 38. and entirely surrounded and adjoined by public ways oryards not less than 60 feet in width. The area of a Group B. Division 4 Occupancy in a one-story Type H. Type III i x One-hour or Type IV building shall not be limited if the building is entirely surrounded and adjoined by public ways or yards not less than 60 feet in width. (c) Automatic Sprinkler Systems. The areas specified in Table No. 5-C and Section 505 (b) may be tripled in one-story buildings and doubled in buildings of more than one story if the building is provided with an approved automatic sprinkle: system throughout. The area increases permitted it this subsection may , be compounded with that specified in paragraphs 1. 2 or 3 ofS ubsection (a) ofthis section. The increases permitted in this subsection shall not apply whe n automatic sprinkler systems are installed under the following provisions: 1. Section 507 for an increase in allowable number of stones. 32 'A JY/ � 424- MFOIN SURMO CM horizontal distance from an exterior opening equal to twice the height of the opening. 3. Ceiling and roof soffits beyond a horizontal distance of 10 feet ftom the outer edge of the ceiling or roof soffits. X Sec. 425. No definitions. Y Sec. 426. YARD is an open. unoccupied space, oder than a court, unob- structed from the ground to the si* except where specifically Provided by this , code. on the lot on which a building is situated. 2 Sec. 427. No definitions. 26 K!1 Chapter 33 EXITS General UNIFORM BUILDING CODE Sec. 3301. (a) General. Every building or portion thereof shall be provided with exits as required by this chapter. (b) Definitions. Fur the purpose of this chapt= certain terms are defined as follows: BALCONY. EXTERIOR EXIT, is a landing or porch projecting from the wall of a building, and which serves as a required exit. The long side shall be at least 50 percent open. and the open area above the guardrail shall be w distributed as to prevent the accumulation of smoke artoxic gases. CONTZ4ENTAL SEATING is the configuration of fixed seating where the number of seats per row exceeds 14 and required exits from the seating areaare side exits. EXIT is a continuous and unobstructed means of egress to a public way and shall include intervening aisles, doors. doorways, corridors, exterior exit balco- tries, ramps, stairways, smokearoof enclosures, horizontal exits, exit passage- ways, exit courts and yards. EXIT COURT is a yard ar court providing access to a public way for one ar more required exits. EXIT PASSAGEWAY is an enclosed exit connecting a required exit or exit C cornu with a public way. HORIZONTAL EXIT is an exit from one building into another building on approximately thesame level, orthrough ararounda wail constructed asrequired for a two-hour occupancy separation and which completely divides a floor into two cr more separate areas so as to establish an area of refuge affording safety from fire or smoke coming from the arra from w hick escape is made. PANIC HARDWARE is adoor-latchingassembly incorporating an unlatching device, the activatingportionofwhich extends across atleast one half the width of the door leaf on which it is installed. PR TESTAIRWAY is a stairway serving one tenant only. 11MC VVY is any street, alley arsimilar parcel of land essentially mob - from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public forpublic use and having a clear width of not less than 10 feet. SPIRAL STAIRWAY is a stairway having 3 closed circular form in its pian view with uniform section shaped treads attached to and radiating about a ming mum diameter supporting column. The effective rued is delineated by the nosing radius line. the exterior arc (center line of riding) and die overlap radius lire (nosingradius line of tread above). Effective tread dimensions are taken along a line Dw—vendicular to the center line of the tread. (c)EidtObstruction. Obstructions shall not be placed in the required widthof an exit except projec-dons permitted by this chapters 554 i In UN -u oRm BUMDNG CODE An Ills strative Commentary by V*mmt R. Bush International Conference of Building Offlidals lawable Area t an 506 11111IFFIllmuntmum requirement of the code insofar as siting a building is con- k that it have access on at lest one side m a sweet or yard. Thus itcould extend completely between side property lines and to the rear property Line and have access from only ort side. It therefore follows that if a building is provided with yam or op= sp= on two or more sides. some benefit should accrue based upon better access for the fire degartmenc Also if the yards or swats are wide enough there will be a benefit due to the decrtased exposure from adjoin- ing properties. Because of the beneficial aspects of open space adjacent to 3 building. the U.B.C. pe: mets increases in the areas esmblished from Secaon 505 based upon the number and width o i the yards ana streets around the building. In order for yawls to be effective foruse by the fie department it would be advisable they be connected to a public way so that the tut department will have access to that portion of the perimeter of the building which is adjacent Io open space. However. the code does not require this connecuon. Also. the code requires (through definition of yard) that s yard be open. unoccupied and unobstructed faatt the ground to she sky. This definmon precludes the storage of pallets. lumben manufactured goods or anv other obiects which stmilariv obstruct the ward. However. automobile parking, low -profile landscaping. fire hydrants and similar features are perrmtted. In the case where streets or yards adjoin two sides of the building. the code permits an increase mares up tD 50percent. where streets oryafds east onthree or four sides. the code fur most occupancies and types of construction permits an arts increase up to 100 percent. When: access is available on four sides. the code does allow extra area increases farthrte cues where the mountof combustibles and. consequently, potantW fire seventy is relatively low. Also, the height of the building is limited to either one or two stones. In these three cases the area may be increased beyond 100 percent. provided. cf course, the mimmum width yard or street exceeds awhdth of40 feet. This is based on the code riterion ofperrmmng a rate of increase equal to five percent for each foot that the n**T m width yard or street exceeds 20 feet. There= many cases where very large undivided floorartss sit required for efficient operation in such facilities as warehouses and industrial plants. The U.B.C. recognizes this necessity and allows unlimited arms for these uses under two different sets of chrrtmstances. The first case is for buildings up to 3 maximum of two stones in height of Crap B and Group H. Division 5 Occupancies where the building is com- pletely surrounded by streets oryards not less than 60 feet in width and protec-.ed throughout by an automatic f tri -sprinkler system. The code assumes in tins case that the amount of combustibles and. consequently, the potential fire seventy is relatively low. In addition the protection provided by the automatic tut- gMa><ler system plus the fire deoar=ent access furnished by the 60 -foot vards or streets surrounding the budding reauce the potential rut seventy to SUVII 3 level that unlimited arta is reasonable. The second case involves a noncombustible building or 3 building of heavv- amberconstruetion (Type TV) with noncombustible contents. The code assumes that a heavy -amber, building provides somewnat comparable pe.-fortnance : NO - far Y T - safety is concerned as 3 noncombustible budding. This second case also trqutrts that dhe building be surrounded by yards orstrecs with smm:murh width of 60 feet. 36