Hello,

This is Saul Pichardo.  I am working on a live work conversion project in Oakland, CA and have a few questions regarding accessibility requirements.

Background

• The building is a 2-story concrete structure with 37,690 sf on the first floor and 22,334 sf on the second floor
• The building’s freight elevator has been vacated/removed
• The building is a City designated historic building
• The building was original built for first occupancy in 1927 for commercial, industrial office use.
• Off street gated parking serving the building exists

Proposed Project

• Construct/infill 59 new live work lofts referred to as Joint Live/Work Quarters (JLWQ) within the volume of the existing building.  No expansion to the shell volume of the building
• The interior structural components will not be removed
• The new JLWQ’s will be designated as R-2 Use for purposes of applying the CBC
• The new JLWQ’s will be for lease only
• The tenants will have no employees
• The tenants will not use the JLWQ space to sell their produced art to the general public
• The JLWQ spaces will not be open to the general public
• No exterior doors off of the public sidewalk access direct to a JLWQ unit
• Each floor will have a laundry room equipped with multiple washers and dryers for tenant use only

QUESTION 1:

If no State or federal funding is used and there are no state or federal programs associated with the project am I correct in assuming that no ADA accessibility improvements are required?

Question 2:

Since this is not a public accommodation facility 11b is not applicable, correct?

Question 3: Since this is not New Construction and interior structural walls are not be removed 11A is not applicable based on CBC 1102A.1 New Construction, correct?

Question 4:  If the owner wants to obtain property tax credits using the Mills Act or the 20% federal rehabilitation tax credit, what if any accessibility requirements are applicable?

Here is background on the Mills Act I copied from the CA.gov, Office of Historic Preservation site:

The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. The Mills Act Program is administered and implemented by local governments. Mills Act contracts are between the property owner and the local government granting the tax abatement. The Office of Historic Preservation is not a signatory to Mills Act contracts.
 
Each local government establishes their own criteria and determines how many contracts they will allow in their jurisdiction

I would appreciate your review and feedback on this project

My Best,

Saul Pichardo, AIA, CASp