HomeMy WebLinkAboutCC Resolution 11293 (1033 & 1039 C Street Appeals)RESOLUTION NO. 11293
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL (IN ITS CAPACITY AS THE BOARD OF
APPEALS) GRANTING APPROVAL OF APPEALS
REGARDING THE USE OF AN ALTERNATE FOR
MATERIALS, DESIGN, TESTS, AND METHODS OF
CONSTRUCTION FROM THE CALIFORNIA BUILDING
CODE RELATIVE TO (a) EXTERIOR WALL AND OPENING
PROTECTION BETWEEN TWO PROPERTIES, and (b)
OPERABLE WINDOWS FROM SLEEPING ROOMS,
AT 1033 AND 1039 C STREET, SAN RAFAEL.
WHEREAS, because of the new Marin Emergency Radio Authority (MERA) system, the
Fire Department needs additional space for the Fire Dispatch Center; and
WHEREAS, the City Council previously authorized the lease of the building at 1033 C
Street, located adjacent to the City's Fire Station One at 1039 C Street, for use as the Fire
Dispatch Center and for providing office space for the Parking Enforcement Division; and
WHEREAS, the City Council of the City of San Rafael, may serve as the Board of
Appeals pursuant to California Building Code Section 105, as adopted by Ordinance Number
1791, to hear appeals from the requirements of said Code; and
WHEREAS, the City Building Official has interpreted the California Building Code as
not permitting an opening in the walls separating 1033 C Street and 1039 C Street, and not
permitting sleeping rooms without operable windows in the Fire Dispatch Center located at 1033
C Street, absent an approved alternate for materials, design, tests, and methods of construction
pursuant to California Building Code Section 104.2.8; and
WHEREAS, the Architect for the Fire Department has provided proposed alternates,
which the Building Official agrees are satisfactory in providing equivalent protection under the
California Building Code; and
WHEREAS, it has been the past practice of the Building Official to take similar alternate
determinations to the City Council, sitting as the Board of Appeals, for ratification, and;
WHEREAS, the City Council, acting as the Board of Appeals, does hereby find as
follows:
1. The door between 1033 and 1039 C Street is necessary for emergency access by the
Fire Department to the Fire Dispatch Center.
2. The architect for the project has provided a satisfactory alternate for materials, design,
tests, and methods of construction, pursuant to California Building Code Section
104.2.8, with respect to the opening between 1033 and 1039 C Street, to wit, a Three
Hour Fire Resistive door will be installed in the opening between 1033 and 1039 C
Street, and the opening will be reconstructed to its previous fire resistive rating upon
the cessation of use of 1033 C Street as the Fire Dispatch Center.
3. The architect for the project has provided a satisfactory alternate for materials, design,
tests, and methods of construction pursuant to California Building Code Section
104.2.8, with respect to the requirement for operable windows in the sleeping rooms
in the Fire Dispatch Center, to wit, two separate paths of exit, each protected by one
hour fire resistive wall construction, fire sprinklers, and a local fire alarm system.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael,
acting in its capacity as Board of Appeals, based upon the foregoing findings, hereby grants the
appeals from the prohibition on an opening between the buildings at 1033 and 1039 C Street, and
the requirement for operable windows in the sleeping rooms in the Fire Dispatch Center, and
ratifies the approval by the Building Official of the alternate materials, design, tests, and methods
of construction described above, pursuant to California Building Code Section 104.2.8.
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
City Council of said City held on Monday. the 21s` day of April, 2003 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A
JEANNE M. LEONCM, City Clerk