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HomeMy WebLinkAboutResolution No. 5783 (Opening Common Wall btw Macy's and Penny's)RESOLUTION NO. 5783 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING VARIANCE FROM CER- TAIN PROVISIONS OF THE UNIFORM BUILDING CODE FOR OPENING IN THE COMMON WALL BETWEEN MACY'S AND THE FORMER PENNEY'S BUILDING WHEREAS, Macy's has leased the former Penney's building in order to expand its retail sales; and WHEREAS, the Macy's and Penney's properties are owned by two separate entities; and WHEREAS, Macy's has applied for a building permit to cut into the common walls between both buildings; and WHEREAS, the Uniform Building Code, adopted by the City Council, contains certain provisions which prohibit penetration of 4 hour fire- walls; and WHEREAS, Macy's has requested a variance from the building code requirements with regard to firewall penetration at common property lines; and WHEREAS, Macy's has agreed to fully sprinkler the Penney's build- ing if the variance is granted; and WHEREAS, Section 204 of the Uniform Building Code, as amended by Section 12.12.020 of the San Rafael Municipal Code, designates the City Council as the Board of Appeals, charged with the responsibility to determine the suitability of alternate methods of construction and variances; and WHEREAS, after consideration of the information regarding the variance, the City Council acting as the Board of Appeals, finds that the grant of variance will provide a suitable level of fire protection and will not be inimical to accepted building standards; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby approve Macy's request for a variance from certain provisions of the Uniform Building Code regarding opening of the common wall between Macy's and the former Penney's build- ing, subject to the installation of a fully engineered fire sprinkler system in the Penney's building. ORIG-.14AL fig: RESOLUTION NO. 5783 I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 15th day of October, 1979, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen /ANNE M. LEONCINI, City Clerk