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Home My WebLink AboutRPT 6 INFO REPORT 09-15-80DATE: September 10, 1980 NFORMATI ON ONLY REPORTS No. 6 q-1 q-nh Inter-Corn TO: FROH: SUBJECT: Honorable Mayor and City Council Members Community Development Department Councilman Edgar's request for information regarding required im- provements af Aaron Staircase, 2822 Walnut The problem faced at the subject location was one which recurs with greater frequency each day. Basically, p building or portion of a building is occupied by a use for which if was not designed or intended. Speculative buildin9s are constructed under the lowest standards fo meet the bulk of industrial or com- mercial demand. This reduces the initial cost, resultant rental rates and achieves a greater return. Due fo various desires (reduced overhead, expansion, relocation, efc) business owners unknowingly or knowingly lease or buy and occupy the premise For a use which does not fall into an occupancy type permitted in such a building. Many owners, due fo inexperience, fail to recognize the problem; some choose fo ignore if, and others hope the issue is not recognized. The problem is then discovered by review of business license applications, routine fire inspections, building permit requests, or reported by adjacent businesses. In most all such cases the discovery of the issue comes after the fact by the City. In the subject case the building was originally designed and conStructed as a D-2 occupancy which is defined as follows, and sub]ecl fo the requirements shown: Fire Zone "Wholesale and retail stores, of- 2 lice buildings, drinking and din- ing establishments having an occupant load of less than 100, printing plants, municipal police and Fire stations, factories and workshops using material not highly Flammable or combustible, storage and sales rooms for combustible goods, paint stores without bulk hand- ling." Fire Resistance oFI Openings in Exterior WallsJ Exterior Walls I hour Not permitted less than 5 ff. Protected less than 10 ff. Fire Fire Resistance of Openings in Zone Exterior Walls Exterior Walls "Woodworking establishments, plan- ing mills, box factories, buffing rooms for tire rebuilding plants and picking rooms; shops, factories or warehouses where loose combustible fibers or dust are manufactured, pro- cessed, generated or stored ." hour less than 5 ft. hour less than 10 ff. hour else- Not permitted less than 5 Ft. Protected less than 20 ff. The use occupying the building falls into an H occupancy, specifically H-3, and the building had fo be modified fo conform to a different set of building code requirements as Follows: City Council September 10, 1980 page 2. The original business license was defined by the applicant and issued fo Aaron Staircase for the business of "general contractor" and the woodworkin9 aspect was not discovered until later, after routine fire inspection, with a follow-up report of violation fo Community Development. Other uses are directly adjacent fo the existin9 one-hour wall and the primary purpose is to protect those uses from the hazardous aspects of explosion or fire. The owner's desire was to modify the exisfin9 buildin9 rather than relocate. A couple of alternatives were available, but the least expensive was probably the one chosen--a two-hour wall within 10 feet (a four-hour wall less than five was probably much more expensive). City staff often sympathizes with a business person who has unknowingly stumbled info this pitfall and will permlf extensions of time to comply or relocate. Legal action or an appeal fo the'Board of Appeals may also forestall final action, however, the ultimate legal responsibility fo protect against such hazardous use potential prevails. We have pursued prevenflve counseling and discussions with developers, leasing agents, real estate persons, and other parties fo inform them of such issues; utilized Chamber publications fo inform the business cornmunify; had licensing personnel refer applications of concern and appllcanfs fo our department; encourage new businesses fo contact our department; and used all legal means in an attempt fo bring an occupancy info compliance (e.g. pursuit of a clear zone easement be- tween Dynachem and Schick Moving and Storage fo bring the setback in[o confor- mance). Often businesspersons contend fh~f they fh°ughf the business license was all en- compassing and was authorization fo conduct business. There is a general mis- conception in that regard with few recognizing if is non-regulatory and only a revenue producing source. Prior fo Mr. Bushong's resignation, if was decided fo somehow modify the business license application, change procedural operations, and perhaps utilize an additional level of review. Even though this may require more information and time for licensing of businesses, if may prove beneficial in avoiding ma]or expenditures fo business owners when such circumstances occur. Staff will be diligently pursuin9 a mechanism fo protect businesses against such unknowin9 actions; ensure safety from hazardous uses; and avoid ~ufure problems of this type. However, currently numerous known and unknown problems do exist and must be contended with. MWB: mm