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only. Unfortunately the first tenants Mr. Churka chose were service uses: a beauty parlor and skin therapist. Those uses could only be allowed on the second floor if equal facilitation were allowed for disabled persons on the first floor and the method proposed by Mr. Churka did not accomplish that facilitation. Mr. Pico referred to the question of whether the basement square footage should be included as part of the square footage of the building and asked for an explanation. Mr. Smith said the Code designates different uses with a Code type. The first floor restaurant is an "A" classification. The second floor was a "B" occupancy. Mr. Churka interprets a beauty parlor to be a "B" occupancy, but that is a different use and the Code is clear that if an area is less than 3000 square feet and is office use only, there is no need for an accessible elevator. Mr. Pico asked it were possible to have a waiver of any kind regarding the elevator due to hardship, etc. Mr. Smith indicated that Mr. Churka had contacted the State of California and spoke to Michael Mankin who is in charge of disabled access regulations. Based on what Mr. Churka told him, Mr. Mankin said there would be no problem with the elevator. However, Mr. Mankin did not have all the information he needed to make that determination. The building was still under construction at that time. Regulations affecting the elevator are covered under State of Califomia Title 24 requirements, Building Code requirements, and the Americans with Disabilities Act. The City is not empowered to grant exceptions to state or federal law. Mr. Pico asked about the inclusion of the basement in the square footage of the building. Mr. Smith said the basement is included because it is classified as an "S" occupancy. Storage areas typically have more flammable material than on the sales floor. The City ordinance states that all buildings with more than 8000 square feet must be sprinklered. Mr. Pico asked if part of the building were closed off and not occupied, would that still count in the square footage of the building with regard to requiring sprinklers. Mr. Smith said he suggested that to Mr. Churka for the second floor area. Convert a portion to attic space and do not use it for storage. However, that would become an enforcement problem in the future, if a portion were used for storage. Mr. Pico asked what other options were available to allow continued use of this building. Mr. Smith went back to the issue of the basement. The Building Code said all basements that exceed 1500 square feet will be fire sprinkled. City staff has been liberal Pleasanton City Council 9 04/04/00 Minutes