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Mr. Churka asked if that were so, why was the elevator approved? Mr. Smith said the plans specified the elevator was a freight elevator and there was a note on the plans and a letter from Mr. Churka that said he would put in the footing and provide as-built plans at the frame inspection. The plans were for a one story building, basement and attic. Mr. Churka said the area measurement is the next issue and tenant improvements on the second story. Ms. Michelotti stated he had applied in 1998 for approval of an office use on the second story. She recalled that he did not know how many square feet would be used for office and he did not want to agree to fees until it was configured because part might be blocked off for storage. Mr. Smith made it clear at that time that the elevator issue required it to be office only. Mr. Churka did not think the basement should be counted in the square footage of the building. The Code requires sprinklers for all stories 8000 square feet or more and basements are not considered a story in the definitions of the Uniform Building Code. He acknowledged there might be a fire problem and the City required additional insulation in the basement for the steel. There is a concrete deck and the entire basement is isolated from the first story. There is no access to the basement from the first story. There are fire walls and a fire door, so if there is a fire in the basement, you have a half an hour to get out of the building. The Code also requires no flammable material to be stored there and he does not have anything flammable there. If there is ranunable material, there must be a two hour protection and sprinklers. The Code also states that for occupancy "B" or "S", sprinklers are not required. Ms. Michelotti referred to a letter dated March 30, 1998 which stated that if the building exceeded 8000 square feet, sprinklers would be required. She asked Chief Gary to respond. This is when Mr. Churka applied for approval of occupancy of the second floor for retail. The letter addresses design, parking, building department comments, and states if the building exceeds 8000 square feet that sprinklers would be required. Ms. Ayala asked Mr. Churka if he wanted his building to be safe for the people in it. The idea is to get a safe building for the community. Mr. Churka felt it was safe now. People can come in, feel comfortable, and be able to get out if there were a fire within a half an hour. Mr. Churka said he would look for a City loan if sprinklers are required because that is the only way that will happen. Ms. Ayala asked Chief Gary if the building would be safe without fire sprinklers if the second story is occupied. Chief Gary said safety is a relative term. The City of Pleasanton has an ordinance regarding fire sprinklers that is more restrictive than the Uniform Building Code. A Pleasanton City Council 14 04/04/00 Minutes