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Home My WebLink About1340 Bayshore Highway - Staff ReportCity of Burlingame Conditional Use Permit Item No. Consent Item Address: 1340 Bayshore Highway Meeting Date: November 23, 2009 Request: Application for Conditional Use Permit for a massage establishment (therapeutic massage). Applicant: Ferenc Pataki APN: 026-113-470 Property Owner: Fox Investments Lot Area: 0.93 acres General Plan: Commercial Uses — Waterfront Commercial Zoning: SL (Shoreline District) Burlingame Bayfront Specific Area Plan, Shoreline — Waterfront Commercial Existing Use: Vacant (formerly office use) Proposed Use: Massage establishment Allowable Use: Massage establishment requires a Conditional Use Permit Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301, which states that existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment ortopographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are exempt from environmental review. Project Description: The applicant, Ferenc Pataki, is requesting a Conditional Use Permit to operate a massage establishment (therapeutic massage) in an existing finro-story commercial building at 1340 Bayshore Highway. The subject tenant space (2946 SF) is located on the ground floor at the rear of the building and was most recently occupied by an office use (currently vacant). Burlingame Municipal Code Section 25.45.025 Q) requires a Conditional Use Permit for a massage establishment in the SL zoning district. In a letter dated August 28, 2009, the applicant notes that the business will offer "therapeutic massage to the general public by certified massage technicians" and further notes that "our therapeutic massage will involve manipulating the bodywith structured pressure with the therapist's hands, fingers, elbows and forearms". Foot and chair massages will also be offered. The applicant is planning to employ four certified massage technicians and two receptionists. The applicant currently operates a similar massage establishment, Siesta Massage, at 2771 EI Camino Real in Redwood City (San Mateo Countyjurisdiction). Planning staff contacted the County of San Mateo Planning and Code Compliance Divisions and learned that there have been no complaints filed against this business since it opened in 2008. The only interior alteration proposed includes upgrading the restrooms so that they comply with disabled accessible requirements (see plans date stamped October 29, 2009). The business will contain a reception and waiting area, six massage rooms, restrooms and an office. The proposed massage establishment will be open seven days a week from 10:00 a.m. to 9:00 p.m. (hours of operation allowed are from 7:00 a.m. to 9:00 p.m., Code Section 6.40.100, d, 5). The applicant notes that on weekdays and weekends, there will be seven full-time employees before and after 5 p.m. The applicant does not expect this number to increase in two to five years. The applicant expects to have four to six customers before 5 p.m. and four customers after 5 p.m. on weekdays and weekends. In five years, the number of customers is expected to increase to seven to ten customers before 5 p.m. and six to eight customers after 5 p.m. It is expected that there will be a maximum of 13 customers and employees on site at any one time. A linen service using a truck or van will pick up and drop off linens as necessary. There are approximately 57 on-site parking spaces. This project includes changing the use in a tenant space within an existing commercial building from office (1:300 parking ratio) to massage establishment (1:400 parking ratio based on personal service/retail use). Since the proposed use is less intense than the existing use, no additional on-site parking is required. Conditional Use Permit 1340 Bayshore Highway Lot Area: 0.93 acres Use: Parking: Existing office (currently vacant) 2946...SF 57 spaces 1340 Bayshore Highway Plans date stamped: October 29, 2009 Proposed Allowed/Required massage therapy' ' Conditional Use Permit required (massage establishment) for massage establishment 2946 SF no change no additional on-site parking ` required since there is no intensification of use ' Conditional Use Permit required for a massage establishment (therapeutic massage) (C.S. 25.45.025 Q). Staff Comments: See attached memos from the Chief Building Official, Fire Marshal, City Engineer and NPDES Coordinator. The applicant is currently working with the Chief Building Official to address his comments. Planning staff would note that the most recent approval of a massage establishment was for therapeutic massage in an existing medical/office building located at 1828 EI Camino Real, zoned ECN (conditional use permit required). While in operation from June 2007 to October2008, there were no complaints filed againstthis business (this business is no longer operating at this site). Planning staff would also note that if the Conditional Use Permit is approved for a massage establishment at 1340 Bayshore Highway, the applicant will be required to submit an application to the Police Department, which includes review by the Police and Business License Departments. Design Review Study Meeting: At the Planning Commission study meeting on November 9, 2009, the Commission asked the applicant to clarify why there will be more employees and customers on the property during the day (November 9, 2009 Planning Commission Minutes). The applicant notes that he plans to hire a total of 6-7 employees (up to four massage technicians and finro receptionists), but not all employees will be on- site at one time. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Conditional Use Permit Findings: Based on the findings stated in the attached minutes of the Planning Commission's November 9, 2009, study meeting, that the proposed massage establishment (therapeutic massage) will offer therapeutic massage to the general public by certified massage technicians, that the massage establishment will replace an office use and therefore is not an intensification of use, and that the business will only be open seven days a week from 10:00 a.m. to 9:00 p.m., and for these reasons the proposed use is found to be compatible with the required findings for a Conditional Use Permit. -2- Conditional Use Permit Planning Commission Action: 1340 Bayshore Highway The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: that the massage establishment shall be limited to 2,946 SF at 1340 Bayshore Highway, as shown on the plans submitted to the Planning Division and date stamped October 29, 2009 sheets A1.0 and A2.0; 2. that the massage establishment shall comply with all of the requirements of Chapter 6.40 (Massage, Spa and Bathing Establishments) and any requirements established by the State of California for massage establishments; 3. that the massage establishment shall not expand or increase the tenant space without an amendment to this Conditional Use Permit; 4. that the massage establishment may not be open for business except during the hours of 10:00 a.m. to 9:00 p.m., seven days a week; 5. that any changes in operation, floor area or use, which exceeds the maximums as stated in these conditions shall require an amendment to this Conditional Use Permit; 6. that the conditions of the Chief Building Official's November 2, 2009 memo, the Fire Marshal's and NPDES Coordinator's September 8, 2009, memos and the City Engineer's September 16, 2009 memo shall be met; 7. that the use and any improvements for the use shall meet all the requirements of the California Building Code and California Fire Code, 2007 edition, as amended by the City of Burlingame; and 8. that this Conditional Use Permit shall be reviewed upon complaint. Ruben Hurin Senior Planner c. Ferenc Pataki, applicant Attachments: November 9, 2009 Planning Commission Minutes Application to the Planning Commission ApplicanYs Letter of Explanation, dated August 28, 2009 Conditional Use Permit Form Commercial Application Form Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed November 13, 2009 Aerial Photo -3- � "�'d 06�6 �� papn��uo� wa�� siyl ��uaua.�eda0 6u►uue�d ay� �fq pan�a�naa pue pa�}iwqns uaaq sey uoi�euuo}u� ay� ��e uaynn aepua�e� �uasuo� ay� ao� }as sen� wa�► s�yl ��uasuo� uo ��eq 6uu8 •„�ei�uapisa� �(�isuad-nno�„ �ou `„aui�aaoys„ aq p�noys °uoi�eu6isap asn-pue� o� �odaa }}e�s ui a�uaaa�aa pa��aaao� (��iu�aad ssauisnq a6esseua pa�inbaa �(��e�o� ay} sanssi pue nnai�aa }uaua}�edap �ey} —�a�{aaW) �nnainand aney �uaw}�eda4 a�i�od ay� saop �(yM •�(ep ay� 6uianp �(�adoad ay� uo saauao�sn� pue saa�(o�duaa aaoua aq ��inn aaay; �Cynn �(�iae�� s}uauauao� uoissivauao� '600Z `g aaquaanoN pa�ep `�odaa }}e�s ay� �o tieuauans e pa�uasaad aa�{aaW ao��aai4 �uauado�anaa �(;iunuauao� N12�f1H N38f12i �l�d1N0� ��d1S �133NIJN� '�M �NIb�3M�N3 Wb'� aNb' •2��NM0 �llb�d0?�d `S1N�W1S�nNl XO� `1Nt/�I�ddb' 'I�idldd �N�2J3�) 1N�WHS1�8d1S3 �J`dSSb'W b' b0� llWb�d 3Sfl �`dNOIlIaNO� 2�0� NOIl`d�l�ddd — �S a3NOZ `A`dMHJIH 3210HSJlt�B Oti£6 'Z SW311 Jlaf11S 'll/� 600Z `6 aaqwanoN sa�nu�W pano�ddeun — NO/SS/WWO� JN/NNb'7d 3W F/JNl72l(1 a�10 �lll� :;� - fy� BURLINGAME �� I-A r�l APPLICATION TO THE PLANNING COMMISSION Type of applicafion: / ❑ Design Review ❑ Variance ❑ Parcel #: iio � �— �( � �— � �d � � Conditional Use Permit ❑ Special Permit ❑ Other: PROJECT ADDRESS: � Please indicate the contact person for this projed ' APPLICANT pro)ect contact person ¢�I OK to send elect�onic copies of documents �ij Name: ��%�t: %1i�. �l-i � /��. � Address: ] 1� 3 � ��(9 !7 �%S 1 �`�� %%. #�J City/State/Zip: ��%(�,�% G /l ��11'1�� -0�35 Phone: �+� i% '" � 7 Fax: r /� n . � • % : ARCHITECT/DESIGNER pro�ect contact person ❑ OK to send electronic copies of documents ❑ Name: COMMUNITY DEVELOPMENT DEPARTMENT • 5O1 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org �nq � � Per � �nG . C PROPERTY OWNER pro)ect contact person ❑ OK to send electronic coples of documents ❑ Name: �U .i( � llP��.vtJ'� Address: � `� City/State/Zip: ��r,C� � �� ,� l� Phone: � �� j��i� �' ZlCl�ciJ� Fax: E-maiL• DyY��o-- C 2��%� no._. _�_ Address: (25 5 U Po 5-�` S-�' �(p ZO City/State/Zip: S�.^ �''a n c �°S cA � C, f} �'1' �'( Q`�' Phone: C4151 440 - 45 43 Fax: C��S> 3Z5- `�2�3 E-mail: * Burlingame Business License #: 23�7 _ , . PROJECT DESCRIPTION: �� , . n . AFFADAVIT/SIGNATURE: I hereby certify u alty of perjury that the information given h rein 's true and correct to the best of my knowledge d be �. Applicant's signature: /� ' �-- Date: 0 I am aware of the proposed application and hereby authori he above applicant to submit t is application to the Planning Commission. Property owner's signatu Date: �� /� �i —�-T� � � ��/ /�'�� Date submitted:T/�,� � � ✓ � Verification that the project architecUdesigner has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. ❑ Please mark one box above with an X to indicate the contact person for this project S:�HANDOUTS�PCApplicotion 2008.handout.doc Ferenc Pataki Owner Siesta Massage 2771 El Camino Real Redwood City CA 94063 Tel: 650-780-9040 Cell: 650-679-0535 ferencpataki cr,yahoo.com 08/28/2009 Letter of Explanation � 200� To Whom It May Concern: �,�r My name is Ferenc Pataki and I am writing this letter as one of the requirements for the application process to open a massage establishment in the city of Burlingame. I found a vacant building for lease at 1340 Bayshore Hwy Burlingame, CA 94010 with ample parking for my future massage business. The location is excellent since it is right by the Broadway exit off highway 101 and surrounded by many business in the shoreline zone of Burlingame. I am proposing to bring professionalism in my field by providing therapeutic massage to the general public by certified massage technicians. When I open my massage business, others will benefit as well, especially local restaurants, because after receiving a massage usually people are thirsty and hungry and therefore that means more revenue and more taxes for the city of Burlingame. Since our State is in deficit, I think allowing to open new businesses is in the best interest of the public and is a win-win situation for local businesses and our government. I believe there is a great need for a business like mine since we are living in very stressful times and a good quality massage has many benefits to the human body including stress relief. Personally I have not met anybody yet that did not like a good massage. We will provide full body therapeutic massage manually to our customers while they are lying on a massage table and their bodies covered with sheets and blankets. Our therapeutic massage will involve manipulating the body with structured pressure with the therapist's hands, fingers, elbows and forearms. We will also offer foot and chair massage while the customer is fully clothed. I am planning to hire 4 certified massage technicians and 2 receptionists. I appreciate your time reading my letter and considering for allowing me to open my massage business in the beautiful city of Burlingame. Should you have any question, feel free to call me anytime at 650-679- 0535 or you can write to Siesta Massage Att. Ferenc Pataki 2771 El Camino Real Redwood City, CA 94063 Sincerely, � �� Ferenc a City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burtins�ame.orq � BURLINGAME � CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION :0�1'� The Pfanning Commission is required by faw to make findings as cietmeci by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 2. Exp/ain why the proposed use at fhe proposed /ocation will not be detrimenta! or injurious to property or improvements in the vicinity or to public hea/th, safety, genera/ we/fare or convenience. � � �-�cc�us �f � -� ro �5-�� s-� r s .�� l�.�rg�tu��ic �rc��'s�ry� .�-�z.� .� � ��' � • �i.✓ �z�. �� G -��.� � � � � r c �� r � � �� a � ' -� �� tq� y�l� u � wrG�-�.�rlG� � �r � � � �l � C r S oY ar.�v�rs-�s, �/-� .��au�,� ��v.� a�� 1r� C�t S�,�r�✓vc�tr'� c�� .�� v�� -�v�. � c r�� n�, �` 6..� � �'��6� ��/�, � ► � � � � .� , �� .� � .� � � �n � o� s�� ° "a � �'�i'%L L- fil�� %/1 �� !�°l � d �,�,f t Y (%l C S lf� t ./ - 0i?�, I''dc'► ` L-✓IG� �'.c' ��-��i( �i•�%r ��°�1Gff C� , Gc Cc"1fS"1��-t' 7 N'�f % � ��v�at�v�r� ., How will the proposed use be located and conducted in accordance with the Burlin ame Genera/ PI n and Zonin Ordin nce / �� 1 � �1YG" Q �'� , l � � m �' �i .�-� f 41 •� G�� , � C�n'� l y � �, � i� � , f� � . .l � � !.� �/I-� t� � � 1 !�1 � -�' �' � � � � � �� ' C wr �f'� � 5��"5 � rr� �,�"�.E�i�t r� �r.�r� c� � .�v�u�c� n � y �� ..� � r l �-�� l 3. How will the proposed project be compatib/e with the aesthetics, mass, bu/k and character of the exisfing and potential uses on adjoining properties in the general vicinity? / r /� � � ,� /''-f� l.�l �L � �'�" !,� -�P �l !�I C � C��'�j � `�� i -.� � �%�ifC�z�l"'�• ^ � �. L, l� �, l�t �/,(� 6�'t �%"r'l' �r��r �.� ��L c� �� -�� r�� s��u c� t� � � � .� c� r� r f' s u-� • � � � _.� � c �/� � � � ,�L � .�.� r� I,� �� r� ,� � � �,�� r�;; f � � .�� c. .er� � Lr.:� v�-� r ��r��o� t�.�� /�1 ��.� r P �> t' -� � �� r V� � f � � K� C c� ar f! f fi� r 1 T � � � .� c 1 � C C�H-r � ��r��.�' c G� � vt .r �"•��/�ir' f J. / � t r I Rev 06.2007 �✓ 1•� � G��-��fi �Ci 4 u�r � l�•��i..l I/lEl�l¢ ��PC�� C U P2 0 0 7. F R M -� �.,� �✓�� p �.,� �� s�� ia('—� � �/�' 1 � � � �� -�r�� <� � �c��r� n, � 9�� s s��.� �� s iz� ��5 �� f � � .� .•f l� ��.� � � � a�� Z b r� .,�� '��i S r i-t-c� 5� �/ / Z�. C� �� L Y��i�<� C%�,yi ��' C'r��-z�t �'�i • i c" �'! av�c%� r�rv�'..� ��rc�� r �.,��j.��r��'t� f?%� G,c . Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558.7250 ■ F:650.686.3790 ■ www.buriinaame.om � BURLINGAME � COMMERCIAL APPLICATION PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM 1. Proposed use of the site 1� I� SS ��7 � N u5� I ll�L�,s..� 2. Days and hours of operation L��(�� i� ��`% � r"� C%� 3. Number of trucks/service vehicles to be parked at site (by type) /� [') ��:' 4. Current and projected maximum number of employees (including owner) at this location: Hours of j�AM to After 5:00 �AM to After 5:00 �AM to After 5:00 Operation � PM PM � PM PM � PM PM Weekdays • Full-time Part-time .� ._ -- _ _ � Weekends Full-time Part time .—. —, � �._ � _... 5. Current and projected maximum number of visitors/customers who may come to the site: Hours of 0 AM to After 5:00 G� AM to After 5:00 ((�AM to After 5:00 Operation � PM PM PM PM PM PM Weekdays � � � ` Q � � Weekends > , `7 6 � � 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): 7. Where do/will the owner and employees park? 8. Where do/will the customers/visitors park?, 9. Present or most recent use of site 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is �--, � . , �' • � � COMMERCIAL.APPLICATION.2008 Project Comments Date: To: From: Subject: Staff Review: October 27, 2009 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Request for Conditional Use Permit for a massage establishment at 1340 Bayshore Highway, zoned SL, APN: 026-113-470. 1) On the plans specify that this project will comply with the 2007 California Building Codes (CBC). 2) Anyone who is doing business in the City must have a current City of Burlingame business license. 3) Provide fully dimensioned plans. 4) All work shall be conducted within the limits of the City's Noise Ordinance. ""* Owner to acknowledge this condition. (Initial here!) 5) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 6) Comply with the 2005 California Energy Efficiency Standards. Note: All projects for which a building permit application is received on or after January 1, 2010 must comply with the 2008 California Energy Efficiency Standards. Go to http://www.enerqv.ca.gov/title24 for publications and details. 7) On your plans indicate whether the building is sprinklered or non-sprinklered. If the building is not sprinklered then the maximum travel distance for one exit is exceed and a second exit must be shown on the plans. 8) The exit through the massage room does not comply as an exit. Please remove the "ExiY' designation from the plans. 9) Provide an exit plan showing the paths of travel and distance from the farthest point within the tenant space to each exit. 10) The accessible ramp as shown on the plans does not comply with the minimum code requirements. Because the door opens onto the ramp the width of the landing must 78". 42" plus the width of the door (36"). Please show this on the plans. NOTE: A written response to the items noted here and plans that specifically address items 1, 5, 7, 8, 9, and 10 must be re-submitted before this project can move forward for Planning Commission action. Reviewed - � Date: Project Comments Date: September 3, 2009 To: 0 City Engineer (650) 558-7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 From: Subject: Staff Review: Planning Staff � Recycling Specialist (650) 558-7273 �ire Marshal (650) 558-7600 0 NPDES Coordinator (650) 342-3727 � City Attorney Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 September 8, 2009 No comments at this time. Reviewed by: �� Date: � �'�� Project Comments Date: To: From: Subject: Staff Review: September 3, 2009 d City Engineer (650) 558- 7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558- 7254 ❑ Recycling Specialist (650) 558-7273 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 September 8, 2009 No comment. Reviewed by: V V Date: 9/16/2009 Project Comments Date: September 3, 2009 To: � City Engineer (650) 558-7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 From: Subject: Staff Review: Planning Staff Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 � Recycling Specialist (650) 558-7273 � Fire Marshal (650) 558-7600 X NPDES Coordinator (650) 342-3727 0 City Attorney September 8, 2009 No comment. For additional assistance, contact Kiley Kinnon, Stormwater Coordinator, at (650) 342-3727. Reviewed by: �� , Date: c�9 �� RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for Conditional Use Permit for a massaae establishment (therapeutic massaqe) at 1340 Bayshore Highway zoned SL Fox Investments, propertv owner, APN: 026-113-470; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 23, 2009, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, Section: 15301, which states that existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are exempt from environmental review, is hereby approved. 2. Said Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 23�d dav of November, 2009 by the following vote: Secretary EXHIBIT "A" Conditions of approval for Categorical Exemption and Conditional Use Permit. 1340 Bayshore Highway Effective December , 2009 that the massage establishment shall be limited to 2,946 SF at 1340 Bayshore Highway, as shown on the plans submitted to the Planning Division and date stamped October 29, 2009 sheets A1.0 and A2.0; 2. that the massage establishment shall comply with all of the requirements of Chapter 6.40 (Massage, Spa and Bathing Establishments) and any requirements established by the State of California for massage establishments; 3. that the massage establishment shall not expand or increase the tenant space without an amendment to this Conditional Use Permit; 4. that the massage establishment may not be open for business except during the hours of 10:00 a.m. to 9:00 p.m., seven days a week; 5. that any changes in operation, floor area or use, which exceeds the maximums as stated in these conditions shall require an amendment to this Conditional Use Permit; 6. that the conditions of the Chief Building Official's November 2, 2009 memo, the Fire Marshal's and NPDES Coordinator's September 8, 2009, memos and the City Engineer's September 16, 2009 memo shall be met; 7. that the use and any improvements for the use shall meet all the requirements of the California Building Code and California Fire Code, 2007 edition, as amended by the City of Burlingame; and 8. that this Conditional Use Permit shall be reviewed upon complaint. . CITY OF BURLINGAME " � ' COMMUNITY DEVELOPMENT DEPARTMENT �� BURLINGAME 501 PRIMROSE ROAD ��'� ; , BURLINGAME, CA 94010 ° ' •' � � i . PH: (650) 558-7250 • FAX: (650) 6 � - - www.burlingame.org ��` _ � � �� ;{: Site: 1340 BAYSHORE HIGHWAY �16h�6504325 - '� � #► # PJlaiied �ec-� �=:i31G� �.i� P��'J�/��'7� The (ity of Burlingame Planning Commission announces PUBLIC HEARING the following pu6lic hearing on Monday, November NOTICE . , 23, 2009 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: , Application for Conditional Use Permit for a massage establishment (therapeutic massage) at 1340 BAYSHORE HIGHWAY zoned SL. APN 026-113-470 Mailed: November 13, 2009 (Please refer to other side) Citv of Burlin,c,�ame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice, For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC HEARING NOTICE (Please refer to other sideJ City of Burlingame Conditiona! Use Permit Address: 1340 Bayshore Highway Item No. �� Study Item Meeting Date: November 9, 2009 Request: Application for Conditional Use Permit for a massage establishment (therapeutic massage). Applicant: Ferenc Pataki APN: 026-113-470 Property Owner: Fox Investments Lot Area: 0.93 acres General Plan: Low Density Residential Zoning: SL (Shoreline District) Existing Use: Vacant (formerly office use) Proposed Use: Massage establishment Allowable Use: Massage establishment requires a Conditional Use Permit Project Description: The applicant, Ferenc Pataki, is requesting a Conditional Use Permit to operate a massage establishment (therapeutic massage) in an existing two-story commercial building at 1340 Bayshore Highway. The subject tenant space (2946 SF) is located on the ground floor at the rear of the building and was most recently occupied by an office use (currently vacant). Burlingame Municipal Code Section 25.45.025 (j) requires a Conditional Use Permit for a massage establishment in the SL zoning district. In a letter dated August 28, 2009, the applicant notes that the business will offer "therapeutic massage to the general public by certified massage technicians" and further notes that "our therapeutic massage will involve manipulating the body with structured pressure with the therapist's hands, fingers, elbows and forearms". Foot and chair massages will also be offered. The applicant is planning to employ four certified massage technicians and two receptionists. The applicant currently operates a similar massage establishment, Siesta Massage, at 2771 EI Camino Real in Redwood City (San Mateo Countyjurisdiction). Planning staff contacted the County of San Mateo Planning and Code Compliance Divisions and learned that there have been no complaints filed against this business since it opened in 2008. The only interior alteration proposed includes upgrading the restrooms so that they comply with disabled accessible requirements (see plans date stamped October 29, 2009). The business will contain a reception and waiting area, six massage rooms, restrooms and an office. The proposed massage establishment will be open seven days a week from 10:00 a.m. to 9:00 p.m. (hours of operation allowed are from 7:00 a.m. to 9:00 p.m., Code Section 6.40.100, d, 5). The applicant notes that on weekdays and weekends, there will be seven full-time employees before and after 5 p.m. The applicant does not expect this number to increase in two to five years. The applicant expects to have four to six customers before 5 p.m. and four customers after 5 p.m. on weekdays and weekends. In five years, the number of customers is expected to increase to seven to ten customers before 5 p.m. and six to eight customers after 5 p.m. It is expected that there will be a maximum of 13 customers and employees on site at any one time. A linen service using a truck or van will pick up and drop off linens as necessary. There are approximately 57 on-site parking spaces. This project includes changing the use in a tenant space within an existing commercial building from office (1:300 parking ratio) to massage establishment (1:400 parking ratio based on personal service/retail use). Since the proposed use is less intense than the existing use, no additional on-site parking is required. Condifional Use Permit 1340 Bayshore Highway 1340 Bayshore Highway �ot P►rea: u.ys acres rians aate scam ea: uctoper �y, �uua Existing Proposed � Aliowed/Required � Use: office ; massage therapy' � Conditiona► Use Permit required (currently vacant) ;(massage establishment) ; for massage establishment 2946 SF 2946 SF � Parking: 57 spaces no change � no additional on-site parking required since there is no � � intensification of use ' Conditional Use Permit required for a massage establishment (therapeutic massage) (C.S. 25.45.025 (j). Staff Comments: See attached memos from the Chief Building Official, Fire Marshal, City Engineer and NPDES Coordinator. The applicant is currently working with the Chief Building Official to address his comments. Planning staff would note that the most recent approval of a massage establishment was for therapeutic massage in an existing medical/office building located at 1828 EI Camino Real, zoned ECN (conditional use permit required). While in operation from June 2007 to October 2008, there were no complaints filed against this business (this business is no longer operating at this site). Planning staff would also note that if the Conditional Use Permit is approved for a massage establishment at 1340 Bayshore Highway, the applicant will be required to submit an application to the Police Department, which includes review by the Police and Business License Departments. Ruben Hurin Senior Planner c. Ferenc Pataki, applicant Attachments: Application to the Planning Commission ApplicanYs Letter of Explanation, dated August 28, 2009 Conditional Use Permit Form Commercial Application Form Staff Comments Ae� iai Photo -2- BURLINGAME _ � COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: �/� // /!--7 ❑ Design Review ❑ Variance ❑ Parcel #: a..�[ tY� "`l ��+`Y l a � � Conditional Use Permit ❑ Special Permit ❑ Other: PROJECT AD � Please indicate the contact person for this projed � APPLICANT project contact person �I OK to send electronic copies of documents pJ Name: I'��Z: l�i�, �� ,1 , Address: ��3� �.+�(9l9�S I �� •� City/State/Zip: � I.r%'��_S�_C,��(�� Phone: �" ..7 � ` `��" �� 3 �✓' Fax: ---� /'-- �-- — - � . / ARCHITECT/DESIGNER Pro�ect contact person ❑ OK to send electronic copies of documents ❑ Name: �—A r�t �ng � n Per � �nG . PROPERTY OWNER pro)ect contact person ❑ OK to send electronic coples of documents ❑ Name: �'U� .� �YIIIE%b'YY/.Pa�' Address: � `� City/State/Zip: ��t,C� ��►nO �a � � � , Phone: �� Z/��v�i� Fax: E-mail: �z�Y��o'' C 2�i�o%,.m- �a.-. _� __ Address: 125 5 U Po S�` �' �' �� City/State/Zip: S� iTanGi�S t,a� Lf} ��}'1(�' Phone: C9'�51 440 - 4543 Fax: C�i'�5> 3z5— `f2�3 E-mail: * Burlingame Business License #: �� % , � , PR�JEGT DESCRIPTIUN: �� . � . n � _ - � � . �:� : AFFADAVIT/SIGNATURE: I hereby certify u best of my knowledge a d be '. / ApplicanYs signature: �/�' ' �--/G I am aware of the proposed application and hereby Commission. Properly owner's signature: Date:_ �� /� Qi �� ,s� � r ��% /T��-+ Date submitted:T/��0� J ,t Verification that the project architectJdesigner has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. ❑ Please mark one box above with an X to indicate the contact person for this project S:�HANDDUTS�PCApplicotion 2008.hondout.doc of perjury that the information given h rein �s true and correct to the Date: � i : Ke above applicant to submit t is application to the Planning Ferenc Pataki Owner Siesta Massage 2771 El Camino Real Redwood City CA 94063 Tel: 650-780-9040 Cell: 650-679-0535 ferencpataki�a�,vahoo. com 08/28/2009 Letter of Explanation To Whom It May Concern: . .. k., .,--, r � „ ...., . __ 1��,� __ ,f :,�-; , .,� ... _..- ,_i; :.�, .;•i�E '=•L�-:i�,fl�Ji��,i � !:)��='r My name is Ferenc Pataki and I am writing this letter as one of the requirements for the application process to open a massage establishment in the city of Burlingame. I found a vacant building for lease at 1340 Bayshore Hwy Burlingame, CA 94010 with ample parking for my future massage business. The loeation is excellent since it is right by the Broadway e�t off highway 101 and surrounded by many business in the shoreline zone of Burlingame. I am proposing to bring professionalism in my field by providing therapeutic massage to the general public by certified massage technicians. When I open my massage business, others will benefit as well, especially local restaurants, because after receiving a massage usually people are thirsty and hungry and therefore that means more revenue and more taxes for the city of Burlingame. Since our State is in deficit, I think allowing to open new businesses is in the best interest of the public and is a win-win situation for local businesses and our govemment. I believe there is a great need for a business like mine since we are living in very stressful times and a good quality massage has many benefits to the human body including stress relief. Personally I have not met anybvdy yet that did not like a good massage. We will provide full body therapeutic massage manually to our customers while they are lying on a massage table and their bodies covered with sheets a.nd blankets. Our therapeutic massage will involve manipulating the body with structured pressure with the therapist's hands, fingers, elbows and forearms. We will also offer foot and chair massage while the customer is fully clothed. I am planning to hire 4 certified massage technicians and 2 receYti�n�sts. � appreciate yo�,zr ti�me readiag ri;� �etter a�d eonsidering for allowing me to open my massage business in the beautiful ciry of Burlingame. Should you have any question, feel free to call me anytime at 650-679- 0535 or you can write to Siesta Massage Att. Ferenc Pataki 2771 El Camino Real Redwood City, CA 94063 S`�ely, ��. Ferenc a� City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.buriinqame.orq F, ci-rr .cr ; � � " �� ;�� _ CITY OF BURLINGAME � CONDITIONAL USE PERMIT APPLICATION " k i � ' 0: �':� The Pfanning Commission is required by faw to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. ��E�C�.uS �f�i-� rc� n�.eq� � s-� j s � -��.��,� �r��lc� �ra��c��r; ' � � �'�!� �-��t � �/�.l C �� , . �� ' 1 �►/ �ZL� -� -t' � �- �y� � }' .�C� ai'' S � �'� �9i� �� tl�� y�t� � r wt�i�.�Yl �i � i,�i � L. � G�f S �9 r.�i� c �.� 5 , �./.� � �.a � , � � v� � G a �c .� f c� � �t s �,�v� �� .�� c?� � t e. r.r/r ��. �r� f �..� � :��6� ��'i�-�� n � �' a�r� sCc�-�. �� .�r� � �r� ��rll � o�� d .� ��{.�r.�� s�� P _ � ., � . � ��.� s o�� P.� ��.�� .,�� 1��fi c� � f l�� . 7 ra� �f wrl� C / � Gt��Y(��i� �r- � he 2, How will the proposed use be located and conducted ►n accordance w�th t Burlingame General P/ n and Zoning Ordin nce� �� a�� '`'�. t � j�Y� � r� ! � � m c � .�-�1.�� f �1 �. r� � �.�vt�. 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How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and potentia/ uses on adjoining properties in the general vicinity? � � � C / �� ,�� ,,,� � r, .�- �/I �i G2l �/ .� � C� � �� j �.�1'�,� Gr/f�� . �U''� ( / . � � L ,� � . �/P S G� C� r:� �G� � �'' l� � f/-�' �� c�!�� ' l�'�!/l :1L .� , ��r �L G � ; � ' ,l, � 1� �'' }��`� Gt'!/i ( f S Gi-� 1 • � � � - �,2 � � � ��-r�,, � c �r .r �.c� � /, � c- � � � � ► � /��;,`I� � � /� r� , .0 f (.. �2l�i �rE E- .�-e%� � ' (/f � � -C� j �'1 � �3I'�� '06 Gr/ h G� � G�"� ��i�c'P� � ��% � � t � 1/ /� �vr� ��vrfl��? t� �11 f�� C • G- % � �'G�, I-� C ( � L- � � C� '! �U' '^ Rev 06.2007 � �j � ` s I % °�/ � i � ' / ��G L? � s„� CUP2Q07.FRM f o J� � I•C =�° �lvt . �i..,1 111E!' l� f-,✓ 1 • � e � ��'i . � t , � � . � . - �� l�.Q ti/�� s� � rr�'..� c� {�� 1�✓ � � � cr «��rc <� � �� , � � � s s� � �� .�� s � r� � �s i� � f� r r r�r L.c' .�� .�°n� �� r� �vl..�. .��r�� Gry�i.c� �7�l� C��n �¢r,�ic"t� z b�? � C''i y�� i� 5 r+-t_c� 4� �/� Z G��rl�j C�' �'' l� �r�ti�ivYltil✓'.�(' /' �i� /C•C'i �tG�{�' �,,-C'(Gi�i�'1�'1'"�s� j�((iel�L-CC . Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558.7250 ■ F:650.696.3790 ■ www.burlinqame.orq � BURLINGAME COMMERCIAL APPLICATION -'' PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM 1. Proposed use of the site !� l��i L7 ��l/iS� i l�L'�..5 � , 2. Days and hours of operation L: ��(�� Y��%V% �� r! j ; c; P � Y tYP ) %U (� N� .. � .. �..,.., 3. Number of trucks/service vehicles to be arked at site b e �:. � _. -,_ ,.;�;,�� ---- 4. Current and projected maximum number of employees (including owner) at this location: ! r� ` �i' f ,`_ _ Hours of j�AM to After 5:00 �AM to After 5:00 �AM to After 5:00 Operation PM PM PM PM � PM PM Weekdays • Full-time Part-time '1 .��. -�^ �.� �.. .� Weekends Fult-time Part time ._ — ,� � — — 5. Current and projected maximum number of visitors/customers who may come to the site: 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): 7. Where do/will the owner and employees park? � , _ l� / _ v � /..' s / � 6 f / f � 8. Where do/will the customersNisitors park? A� v� /.� �Ic�rk �� i ��/ lA /�/_��/d 9. Present or most recent use of site 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is needed) I�t �E' � G� /,�.�iUi'G: /,5 J�/Gi C_' � 1/!�, r COMMERClAL.APPLICATION.2Q08 Project Comments Date: To: From: Subject: Staff Review: October 27, 2009 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff y , , Request for Conditional Use Permit for a massage establishment at 1340 Ba shore Highway zoned SL APN: 026-113-470. 1) On the plans specify that this project will comply with the 2007 California Building Codes (CBC). 2) Anyone who is doing business in the City must have a current City of Burlingame business license. 3) Provide fully dimensioned plans. 4) All work shall be conducted within the limits of the City's Noise Ordinance. "** Owner to acknowledge this condition. (Initial here!) 5) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 6) Comply with the 2005 California Energy Efficiency Standards. Note: All projects for which a building permit application is received on or after January 1, 2010 must comply with the 2008 California Energy Efficiency Standards. Go to http�//www.enerqv.ca.gov/title24 for publications and details. 7) On your plans indicate whether the building is sprinkiered or non-sprinklered. If the building is not sprinklered then the maximum travel distance for one exit is exceed and a second exit must be shown on the plans. 8) The exit through the massage room does not comply as an exit. Please remove the "Exit" designation from the plans. 9) Provide an exit plan showing the paths of travel and distance from the farthest point within the tenant space to each exit. 10) The accessible ramp as shown on the plans does not comply with the minimum code requirements. Because the door opens onto the ramp the width of the landing must 78". 42" plus the width of the door (36"). Please show this on the plans. NOTE: A written response to the items noted here and plans that specifically address items 1, 5, 7, 8, 9, and 10 must be re-submitted before this project can move forward for Planning Commission action. Reviewed Daie: Project Comments Date: September 3, 2009 To: � City Engineer (650) 558-7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 From: Subject: Staff Review: Planning Staff � Recycling Specialist (650) 558-7273 �ire Marshal (650) 558-7600 � NPDES Coordinator (650) 342-3727 o City Attorney Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 September 8, 2009 No comments at this time. Reviewed by: �� Date: � ��j� \l :1 B Project Comments Date: September 3, 2009 To: d City Engineer (650) 558-7230 O Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 From: Subject: Staff Review Planning Staff ❑ Recycling Specialist (650) 558-7273 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 September 8, 2009 No comment. Reviewed by: V V Date: 9/16/2009 Y Project Comments Date: September 3, 2009 To: 0 City Engineer (650) 558-7230 0 Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 From: Subject: Staff Review: Planning Staff Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 0 Recycling Specialist (650) 558-7273 � Fire Marshal (650) 558-7600 X NPDES Coordinator (650) 342-3727 � City Attorney September 8, 2009 No comment. For additional assistance, contact Kiley Kinnon, Stormwater Coordinator, at (650) 342-3727. Reviewed by: ��v � �l , Date: �� °Q � � CITY OF BURLII�IGAME ��''"E BUSINESS LICENSE CERTIFIC�TE & TAX RECEIPT ;�_��:•°� 501 Primrose Road BurGngame California 94010 (650)558-7212 www.burlingame.org ;' � Date Issued 09/19/08 Expirarion Date 06/30/09 Business License Number 23407 Business Description ENGINEERING Business Name Mailing Address Owners Name LAM ENGINEERING 1255 POST ST � �Z. G SAN FR.ANCISCO, CA 94109 LAM CHAN � Burlingame Lacauon �_��., „..;�;�;. 'LEASE POST IN CONSPICIOUS PLACE NOT ASSIGNABLE OR 1'RANSFERABLE 'his taz certificate is iss�d for revenue purposes only and is not a permit or approval to operate a business in violation of City, Couuty, State or Federal laws. Before co�ucung any business, t6e �usiness owcer should cLeck with the City Building, Fire, Planning Deparm�en[s and tl�e County of San Mateo Healt}� Departrnent for 1'vmtations and requiremeats. This licease is issued without �eribcation tLat the license is subject to or ezempt from liceasing by the Statc of Califomia or the Coimty of San Mateo. ��`, CITY ,� CITY OF BURLIN�GAME ��""� BUSINESS LICENSE CERTIFICA,TE & TAX RECEIPT �,,,,�.:'"� 501 Primrose Road Burlingame California 94010 (650)558-7212 www.burlingame.org Date Issued 09/19/08 Expirarion Date 06/30/09 Business Description ENGINEERING Business Name LAM ENGINEERING Mailing Address 1255 POST ST :� 6•�` � SAN FRANCISCO, CA 94109 Owners Name LAM CHAN 1,' - :t� ��. Business License Number 23407 Burlingame Location 'his tax certificate is issued for revenue p�uposes only and is not a pemrit or approval to opecate a business in violation of City, Co�mty, State or Federal laws. Before co�ucting any business, the usiness ow�r slwuld check with the City Building, Fire, Planning Depa�hnents and the Couuty of San Mateo Health Departruent for limitations and requiiements. TLis license is issued without erification that the license is subjec[ w or ezempt 6om licensing by the State of California or the County of San Mateo. :T IS YOUR RESPONSIBILITY TO NOTIFY THE BUSINESS TAX COLLECTOR IN WRITING OF ANY CHANGES )F OWNER, NAME OF BUSINESS OR ADDRESS. Business License Number 23407 AMOUNT PAID Application Fee $ 35.00 Business Tax $ 100.00 LAM ENGINEERING C 1255 POST ST SAN FRANCISCO, CA 94109 Total $ 135.00 Page 1 of 2 CD/PLG-Hurin, Ruben From: Ferenc Pataki [ferencpataki@yahoo.com] Sent: Thursday, November 19, 2009 2:39 AM To: CD/PLG-Hurin, Ruben Subject: Re: 1340 Bayshore Highway Hi Ruben, I am sorry, but I could not get back to you earlier since I am out of the country until the 9th of December and I did not get a chance to check my e-mails until now. Also, that is why I asked you to schedule the public hearing for the 14th of December and you agreed to that. So, I ask you kindly please schedule it for the 14th of December 2009. The answer to your question regarding the number of employees and customers is that on any given day the number of employees including myself will not be more than 7 and what I meant about the number of customers is for example weekdays: 6 customers before 5 PM and 4 customers after 5 PM so total of 10 customers during the hours of operation which is 10 AM to 9 PM. I appoligaze for any misunderstanding that I caused. Sincerely, Ferenc Pataki --- On Tue, 11/10/09, CD/PLG-Hurin, Ruben <RHurin@burlingame.org> wrote: From: CD/PLG-Hurin, Ruben <RHurin@burlingame.org> Subject: 1340 Bayshore Highway To: "Ferenc Pataki" <ferencpataki@yahoo.com> Date: Tuesday, November 10, 2009, 5:18 PM Ferenc, The Planning Commission reviewed your application last night and set the item for a public hearing on Mondav, November 23, 2009. The Commission had the following question: ■ The Commercial Application Form (see attached) indicates that there will be more employees than customers per day; please explain. Please provide a response bv Fridav, November 13, 2009. Thanks, 11/20/2009 Ruben Ruben Hurin Senior Planner Community Developmenc Department - Planning Division 501 Pi-imrose Road Burlingame , CA 94010 (b50) 558-7256 (phone) (650) 696-3790 (fax) rhurin(c�burlingame.org `.-� Think before you print 11 /20/2009 Page 2 of 2 Page 1 of 1 CD/PLG-Hurin, Ruben From: CD/PLG-Hurin, Ruben Sent: Friday, November 06, 2009 4:35 PM To: 'lamengineering@yahoo.com' Cc: 'Ferenc Pataki' Subject: 1340 Bayshore - Additional Building Comments Attachments: 1340 Bayshore - Building Comments.pdf Alan, I forwarded the revised plans to the Building Division for their review (see attached). Joe Cyr, the Chief Building Official, has several comments which need to be addressed. Although we've scheduled the application for the Study Meeting, please note the comments noted by Joe will need to be addressed prior to the Action Meeting. Please contact Joe Cyr at (650) 558-7270 should you have any questions about his comments. Regards, Ruben Ruben Hurin Senior Planner Community Development Department - Planning Division 501 Primrose Road Burlingame, CA 94010 (650} 558-7256 (phone) (650) 696-3790 (fax) rhurin burlin ame.or `,-� Think before you print 11 /6/2009 f Page 1 of 1 CD/PLG-Hurin, Ruben From: CD/PLG-Hurin, Ruben Sent: Thursday, October 01, 2009 3:28 PM To: 'ferencpataki@yahoo.com' Subject: Application for Conditional Use Permit at 1340 Bayshore Hwy Attachments: 1340 Bayshore Hwy Planning Comments.pdf; 1340 Bayshore Hwy Building Comments.pdf Ferenc, Attached please find plan check comments from the Planning Division for the application for a Conditional Use Permit at 1340 Bayshore Highway, Burlingame. Because additional information and clarification is required, this project is incomplete at this time. in the comments, you will find requests for additional information and clarification on the plans (items marked with a►). Also attached are preliminary comments from the Chief Building Official. Comments from the Planninq Division and Chief Buildinq O�cial (see circled comments) need to be addressed prior to Planninq Commission review. The remaining comments can be addressed at time of building permit submittal. Please call Joe Cyr, Chief Building Official, at (650) 558-7260 if you have any questions regarding comments from the Building Division. Once these items have been addressed on the plans, please submit a written response and two sets of plans for our review. If you should have any questions, please feel free to call me at (650) 558-7256. Regards, Ruben Ruben Hurin Senior Planner Community Development Depar�menc - Planning Division 501 Primrose Road Burlingame, CA 94010 (650) 558-7256 (phone} (650) 696-3790 (fax) rhurin(�burlin ag me•org 10/1/2009 City of Burlingame Planning Department (650) 558-7250 • (650) 696-3790 (fax) Plan Review Comments Job Address: Application: Date of Plans: Lot Area: Zoning: 1340 Bayshore Highway Conditional Use Permit for Massage Establishment September 3, 2009 0.93 AC (40,511 SF) SL (Shoreline District) Please address all comments marked with a"► "symbol. 1. Conditional Use Permit (Code Section 25.45.025, j) • Conditional Use Permit required for a massage establishment in the SL Zoning District. Application for Conditional Use Permit has bee submitted. ► Please revise your Explanation Letter to clearly describe all services, employees (administrative, massage professionals, doctors, nurses, etc.) and any other information applicable to this proposed business at this site. 2. Site Plan and Floor Plans ► The proposed floor plan for your tenant space needs to clearly indicate how each room will be used. Please label proposed uses in all rooms (massage, restrooms, reception area, office, etc.). ► Indicate on plans what the most recent use was in your tenant space. ► Clearly show all existing walls, walls to be removed and new walls, if any. ► The plans that were submitted with the application are for a previous tenant improvement for Griffiths Insurance Agency, dated April 27, 2004. The proposed plans need to be for your business — plans drawn by Gumbinger Associates for Griffiths Insurance Agency cannot be used for this application. 3. Parking (Code Section 25.57.010) • This project includes changing the use in a tenant space within an existing commercial building from office (1:300 parking ratio) to massage establishment (1:400 parking ratio based on personal service/retail use). Since the proposed use is less intense than the existing use, no additional on-site parking is required. 4. Miscellaneous ! The architect or designer preparing the plans needs to have a Business License with the City of Burlingame. Please include Business License # with your resubmittal. Project Comments �ase �) �� Date: To: From: Subject: Staff Review: September 3, 2009 ❑ City Engineer (650) 558-7230 X Chief Building Official (G50) 558-7260 ❑ City Arborist (650) 558-7254 Planning Staff � RI3�D`� �a� 5. P ❑ Recycling SpE (650) 558-727 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for Conditional Use Permit for a massage business at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 September 8, 2009 ��) On the plans specify that this project will comply with the 2007 California Building �`J Codes (CBC). 2) Anyone who is doing business in the City must have a current City of Burlingame business license. �3 Provide fully dimensioned plans. Provide an existing and a proposed floor plan. 5) Provide existing and proposed elevations. ; 6 Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 7) Comply with the 2005 California Energy Efficiency Standards. Note: All projects for which a building permit application is received on or after January 1, 2010 must comply with the 2008 California Energy Efficiency Standards. Go to http://www.enerqy.ca.qov/title24 for publications and details. 8) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable lot coverage. Consult the Planning Department for details if your project entails landings more than 30" in height. 9) Provide handrails at all stairs where there are four or more risers. 10 Provide lighting at all exterior landings. �Ilustrate compliance with the minimum plumbing fixture requirements described in the 2007 California Plumbing Code, Chapter 4, Table 4-1 Minimum Plumbing Facilities and Table A- Occupant Load Factor. �'(2 parate toilet facilities are required for each sex, except: a. Residential occupancies b. Occupancies serving ten or fewer people may have a toilet facility for use by more than one person at a time, shall be permitted for use by both sexes. c. Business and Mercantile occupancies with 1500 square feet or less may have a toilet facility for use by no more than one person at a time, shall be permitted for use by both sexes. CPC 412.3 13 how compliance with all accessibility regulations found in the 2007 CBC for existing buildings including: a. Accessible paths of travel b. A level landing must be provided on each side of the door at all required entrances and exits. c. Accessible countertops d. Accessible bathrooms e. Accessible parking r�rovide an exit plan showing the paths of travel ��pecify the total number of parking spaces on site NOTE: A written response to the items noted here and plans that specifically address items 1, 4, 6, 11, 12, 13, 14 and 15 must be re-submitted before this project can move forward for Planninq Commission action. Reviewed by: �=_ `—� `J Date: ��o� ; Project Comments Date: To: From: Subject: Staff Review: December 10, 2009 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Request for Conditional Use Permit for a massage establishment at 1340 Bayshore Highway, zoned SL, APN: 026-113-470 This project must comply with all conditions of approval as stated in previous reviews. Note: 1. The project must comply with the 2008 California Energy Code. Please revised the plans to show compliance with your submittal of your building permit application. 2. The distance from the farthest point in this tenant space to the exit is limited to 75 feet in an unsprinklered building and 100 feet in a sprinklered building. Please revised the plans to show compliance with your submittal of your building permit application. Reviewed by,_ . _- -----_ ,�- Date: , . ^ � (�%�r%� . w.._..._.�...._,.....��.�...._...�..�.. ..�.,..._._...,.,..,.�...,_...,..,_..�,.___�..._,__.. �Project Comments Date: To: From: Subject: Staff Review: October 27, 2009 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 553-7260 � City Arborist (650) 558-7254 Planning Staff ❑ Recycling Specialist (650) 558-7271 � Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Request for Conditional UsP F'ermit ror a massage establishment at 1340 Bayshore Highway, zoned SL, APN: 026-113-470. i' ��. 1) On the plans specify that this project will comply with the 1007 California Building Codes (CE3C). �L� �� o 2) Anyone who is doing ousiness in ihe City must have a current City of Burlingame 5usiness license. �� i1Tii �l-��tcnir 3) Pro��ide fullydimensioned plans. ��L %1�(�v � l� 2� � �!/ 4) All work shall be conducted within the limits of t�re City's Noise Ordinance. "** Owner to acknowledge this condition. _ (Initial here!) 5) Provide a complete demolition plan that indicat�� the existing walls, walls to be demalished, new walls, and a legend. NOTE: The Dernolition Permit will r,ot be issued until a Building Permit is issued for the project. 5�� .� • D�� 6) Comply with the 2005 California nergy Efficiency Standards. Note: All prejects for which a building permit application is received on or after January 1, 2010 must comply with the 2008 California Energy Efficiency Standards. vo to httq:,'/www.enerqv.ca.qov/title241or publications and details. S�� { I•U 1�% 7) On your plans indicate whether the building is sprinklered or non-sprinklered. If the building is not sprinklered then the maximum travel distance for one exit is exceed and a second exit must be shown on the plans. sr� /-� 2 D �7 8) The exit through the massage room does not comply as an exit. Please remove thA "ExiY' designation from the plans. S t ��Z� 0� 9) Provide an exit plan showing the paths of travel and distance from the farthest point within the tenant space to each exit. � �� l) 2 U� 10) The accessible ramp as shown on the plans does not comply with the minimum code requirements. Because the door opens onto the ramp the width of the landing must 78". 42" plus the width of the door (36"}. Please show this on the plans. 5L' L%I 2=U NOTE: A written response to the items noted here and plans that specifically address items 1, 5, 7, 8, 9, and 90 must be re-submitied before this project can move forward for Planning Commission action. Reviewed Date: � I �