CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: {{section.name}} Account Number: 10-5112 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: January 02, 2024
SUBJECT:
Business License and Regulations, and Building Security Code Amendments – Ordinance Introduction RECOMMENDATION:
Introduce an Ordinance to amend Section 5.44.050(q) “Business Licenses and Regulations – Massage Operating Requirements” to change the lighting measurement to lumens to reflect current lighting requirements; amend Section
23.54.005 “Building Security Code – Purpose and Intent,” to remove reference to an antiquated design term, “Defensible Space Techniques;” and amend Section 23.54.020, “Building Security Code – City Communications System – High Rise Buildings” to more clearly define building heights that trigger requirements to maintain essential public safety communication networks.
BACKGROUND:
In an effort to update the City’s Municipal Code to ensure that it is current with changes in technology, business practices and concepts, and provides optimal clarity to the community on the intent of the code, updates are occasionally needed.
Amendments to the Municipal Code require approval by the City Council.
Chapter 5 Background
Chapter 5 of the SMMC applies to massage businesses with the purpose and intent to protect the public health, safety and welfare by providing for the orderly regulation of businesses providing massage therapy services. SMMC Section 5.44.050 “Massage Operating Requirements,” lays out specific operating requirements for massage businesses, with Section
5.44.050(q) specifying the minimum amount of lighting – 40 watts - that is required in each room or enclosure where massage services are being performed on clients and in all areas where clients are present. The intent for this requirement is to ensure proper cleanliness standards, general awareness for clients, and discourage potential criminal behavior such as prostitution.
Chapter 5 Proposed Amendment
The proposed amendment to SMMC Section 5.44.050 “Massage Operating Requirements,” would change the lighting requirement from “40 watts” to “450 lumens.” This is recommended because wattage centers on the amount of energy that a light source consumes, while lumens centers on the amount of actual visible light being emitted. Adopting a standard based on lumens would ensure that baseline visibility standards are met, shifting from an output-centered approach to an outcome-centered approach. It would also align with City priorities for environmental sustainability because improvements in lighting technology, through the use of LED lights, allow for higher levels of lumens to be produced while consuming lower levels of energy.
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The existing and proposed code language for this Section is provided in the table below.
Existing Proposed
Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where massage
services are being performed on clients, and in all areas where clients are present.
Minimum lighting consisting of at least one artificial light of not less than 450 lumens shall be provided and shall be operating in each room or enclosure where massage
services are being performed on clients, and in all areas where clients are present.
Chapter 23 Background
Chapter 23 of the SMMC applies to the Building and Security Code, with the purpose and intent to safeguard property and to promote public welfare and safety by providing security standards to be used in the design, construction, and maintenance of buildings and vehicles and the quality of materials used therein.
SMMC 23.54.005(b) outlines the purpose and intent of the chapter, and specifically references “Defensible Space Techniques,” which is an outdated principle in safety design. It originated in the 1970’s, and depended not only on improvements to physical space but the engaged participation of community members to maximize public safety. It has fallen out of usage due to mixed results in actual practice, and its teaching are no longer recommended by experts or utilized by city staff in public safety design review.
SMMC Section 23.54.020 lays out the requirement that new buildings of a certain height are required to provide space and power for the City to install essential communication equipment so that public safety and other core city services can effectively operate. The code specifically references that all new buildings of “five or more stories in height” shall provide such equipment; however, in no place does the code actually define what a building story is. This ambiguity has resulted in past instances of confusion and frustration with prior development projects during the review process, especially for developments that were only four stories tall but of a total building height to pose communication problems.
Chapter 23 Proposed Amendments
The proposed amendment to SMMC Section 23.54.005(b) would change the verbiage from “Defensible Space Techniques” to “and safety technologies.” This is recommended because city staff no longer incorporate Defensible Space Techniques principles into their design review. Instead, staff incorporate the principles of crime prevention through environmental design (CPTED), which is referenced, as well as safety technologies (ie: video surveillance, lighting requirements, etc).
Adopting the proposed change would most accurately reflect long-standing practice and set expectations for those reading the Code. The existing and proposed new code language for this Section is provided in the table below, with the Proposed Ordinance as Attachment 1.
Existing and Proposed Code Language – 23.54.005(b) – Purpose and Intent Existing – 23.54.005(b) Proposed – 23.54.005(b)
To apply Crime Prevention Through Environmental Design
and Defensible Space Techniques.
To apply crime prevention through environmental design
and safety technologies.
The proposed amendment to SMMC Section 23.54.020 would change the requirement from “five or more stories” to “with a top plate height of 55 feet or more.” From experience with past developments and feedback from communication experts, staff have determined that buildings of approximately 55 feet in height pose the greatest potential to interrupt public safety communication networks and systems. Therefore, the proposed height of 55 feet would ensure more exact clarity on city requirements for space and power for the installation of communications equipment. A 4-story building can have a top plate height of 55 feet or more and could trigger this requirement. This requirement would be applied to future development, and it would not be applied retroactively to existing buildings. The existing and proposed code language for this Section is provided in the table below, with the Proposed Ordinance as Attachment 1.
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Existing and Proposed Code Language – 23.54.020 – City Communications System Existing – 23.54.020 Proposed – 23.54.020
All new buildings five or more stories in height shall
provide a location on the building for installation of City radio communications equipment, including antennas and
their supporting equipment. An electrical supply source shall be provided by the permittee at the
antenna/equipment location, and reasonable access shall be provided by the permittee and/or building owner to
City staff and/or City contractors for installation of
necessary telephone lines and for purposes of installation, maintenance, adjustment and repair of the
antenna/equipment. This access and location agreement
shall be recorded in terms that convey the intent and
meaning of this condition in the form approved by the City Attorney.
All new buildings with a top plate height of 55 feet or more shall provide a location on the building for installation of City radio communications equipment, including antennas and their supporting equipment. An electrical supply
source shall be provided by the permittee at the
antenna/equipment location, and reasonable access shall be provided by the permittee and/or building owner to
City staff and/or City contractors for installation of
necessary telephone lines and for purposes of installation, maintenance, adjustment and repair of the
antenna/equipment. This access and location agreement
shall be recorded in terms that convey the intent and
meaning of this condition in the form approved by the City Attorney.
NEXT STEP:
An ordinance for second reading will be brought to the City Council for approval at a subsequent meeting should the City Council approve the introduction of the proposed ordinance. If the ordinance is adopted at a subsequent meeting, the ordinance would become effective 30 days after adoption.
PUBLIC ENGAGEMENT AND COMMENTS:
An online community workshop focused on these amendments as well as other amendments being considered by the Police Department to the City’s Building Security Code was held on May 25, 2023. Notice of this community workshop was provided a minimum of ten (10) days prior to the workshop through the San Mateo Daily Journal, posting at various public facilities, the City’s website, and the Citywide eNewsletter. Four community members attended the workshop. Comments and questions raised during the workshop addressed general security design methods but not specifically on the subject amendment. Public comments received after the publication of this report will be forwarded to the City Council for consideration at the City Council meeting and will be posted to this item online as “Post Packet Public Comments.” BUDGET IMPACT:
There is no projected fiscal impact resulting from these amendments if adopted and would be absorbed by already funded staff time.
ENVIRONMENTAL DETERMINATION:
In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), adoption of this ordinance amendment is covered by the "common sense exemption" in that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the ordinance amendment will not have a significant effect on the environment per Guidelines Section 15061(b)(3).
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance – Track Changes
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STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663