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HomeMy WebLinkAboutCC Resolution 9621 (Rafael Theater Appeal)RESOLUTION NO. 9L621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (IN ITS CAPACITY AS THE BOARD OF APPEALS) GRANTING: A. PARTIAL RELIEF FROM STATE ACCESS REQUIREMENTS AND B. RELIEF FROM UNIFORM BUILDING CODE, SECTION 1011 AT 1118 FOURTH STREET (RAFAEL THEATER) BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, The City Council of the City of San Rafael may serve as a Board of Appeals pursuant to Health and Safety Code Section 19957.5 to hear appeals from State mandated access requirements of said Code and of the Government Code; and WHEREAS, the City Council of the City of San Rafael serves as the Board of Appeals pertaining to the Uniform Building Code; and WHEREAS, the applicant for 1118 Fourth Street has appealed specific access requirements and Section 1011 of the Uniform Building Code before the City Council acting as the Board of Appeals; and WHEREAS, following a noticed hearing in which said applicant was given full opportunity to be heard, the City Council, acting as the Board of Appeals, does hereby find as follows: 1. That the request for elimination of a handrail in the lobby is justified given the historic nature of the building, the existing site conditions, and the proposed mitigation (flattening the existing slope of the lobby to 1:18.5). 2. That the request for allowing the monumental lobby stairway to be steeper than current codes and the elimination of handrail extensions is justified given the historic nature of the building, the existing site conditions, and the proposed mitigations. (An elevator is to be provided, and new handrails are to be provided which meet current codes except for handrail extensions at the bottom landing.) 3. That the request that the ramps to the theater stages not be provided with handrails was justified given the historic nature of the building, the existing site conditions, and the proposed mitigation. (The stages are to be kept low to minimize the length of the ramps.) 4. That the request that the concession stand be accessible on the employee side had not been justified by the information presented and that staff should work with the applicant to resolve this issue. 5. That the exception to Section 1011 of the Uniform Building Code is justified given the existing site conditions and the proposed fire sprinkler upgrade. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael City Council, acting in its capacity as the Board of Appeals, that in view of the foregoing findings, partial relief is granted for items 1, 2, 3, and 5 as noted above and that partial relief from access requirements for item 4 as noted above is not granted at this time for 1118 Fourth Street. I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 17`h day of June, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE . LEONA , City Clerk