Agenda packet — Colma City Council, September 28, 2022

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AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, September 28, 2022
CLOSED SESSION – 6:00 PM
REGULAR SESSION – 7:00 PM

The City Council meeting will be conducted virtually pursuant to the provisions of Assembly Bill 361 amending the Ralph M. Brown Act and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic based on the current State of Emergency and the existing State recommendations on social distancing. The Council Chambers will not be open to the public for this City Council meeting.

Members of the public may view the meeting by attending, via telephone or computer, the Zoom Meeting listed below:

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Members of the public may provide written comments by email to the City Clerk at [email protected] before the meeting. Emailed comments should include the specific agenda item on which you are commenting or note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words. Verbal comments will also be accepted during the meeting.

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CLOSED SESSION – 6:00 PM

1. In Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiators.

Agency Negotiator: Austris Rungis, IEDA
Employee Organizations: Colma Communications/Records Association PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM

ADOPTION OF AGENDA

PRESENTATIONS
• Introduction of new Police Officer Reinalyn Duma and new Reserve Police Officer Andres Abarca • Armenian Flag Raising Recognition

PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.

Comments on Agenda Items will be heard when the item is called.

CONSENT CALENDAR

2. Motion to Accept the Minutes from the September 14, 2022 Regular Meeting.

3. Motion to Accept the Minutes from the September 21, 2022 Special Meeting.

4. Motion to Adopt a Resolution in Support of Proposition 1, to Amend the California Constitution to Expressly Include an Individual’s Fundamental Right to Reproductive Freedom, in the November 8, 2022 Statewide General Election.

NEW BUSINESS

5. AMENDED CONDITIONAL USE PERMIT AND DESIGN REVIEW – KIA SERVICE CENTER Consider: Motion to Adopt a Resolution Approving an Amended Conditional Use Permit and Granting an Exception to the Spanish Mediterranean Design Review Overlay to Allow for an Auto Dealership Expansion to Add a New Service Center to an Existing Auto Dealership in a Modern Design Architecture Located at 600 Serramonte Boulevard - APN:008-392-140.

REPORTS
Mayor/City Council
City Manager

ADJOURNMENT
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].

Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Pak Lin, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.

CLOSED SESSION

1. In Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiators
Agency Negotiator: Austris Rungis, IEDA
Employee Organizations: Colma Communications/Records Association Item #1

Minutes – Regular Meeting 09.14.22 Page 1 of 6

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, September 14, 2022
CLOSED SESSION – 6:30 PM
REGULAR SESSION – 7:00 PM
CLOSED SESSION – 6:30 PM

1. In Closed Session Pursuant to Government Code Section 54956.9(d)(2) - CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Worker’s Compensation Claim Regarding Police Officer (documents are available for public inspection pursuant to Government Code Section 54956.9(e)(3) by contacting th
e City Clerk).

P
LEDGE OF ALLEGIANCE AND ROLL CAL – 7:00 PM
Mayor Fisicaro called the regular session to order at 7:00 p.m.

Council Present –Mayor Helen Fisicaro, Council Members Joanne F. del Rosario, John Irish Goodwin, Diana Colvin and Ken Gonzalez were all present.

Staff Present – City Manager Brian Dossey, City Attorney Christopher Diaz, Chief of Police John Munsey, Administrative Services Director Pak Lin, Director of Public Works and Planning Brad Donohue, City Planner Farhad Mortazavi, City Clerk Caitlin Corley and Administrative Technician Abigail Dometita were in attendance.

The Mayor announced, “As always, we are accepting public comments through email or the zoom chat function— you can email our City Clerk at [email protected] or use the chat function to let her know which item you would like to speak on. Please keep your comments to 3 minutes or less. Thank you.”

REPORT FROM CLOSED SESSION
Mayor Fisicaro announced, “Direction was given to staff at the end of tonight’s closed session.”

ADOPTION OF THE AGENDA
Mayor Fisicaro asked if there were any changes to the agenda. None were requested. The Mayor asked for a motion to adopt the agenda.

A
ction: Vice Mayor del Rosario moved to adopt the agenda; the motion was seconded by Council Member Goodwin and carried by the following vote:

Item #2
Minutes – Regular Meeting 09.14.22 Page 2 of 6
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
Ken Gonzalez 
5 0

PRESENTATIONS
• City Clerk Caitlin Corley introduced new Administrative Technician Shelby Wright. • The Mayor presented proclamations in honor of Ovarian Cancer and Prostate Cancer Awareness Months.
• The Mayor presented a proclamation in honor of Suicide Prevention Month. Allie Rogge, Program Manager of the Crisis Intervention and Suicide Prevention Center Outreach and Teen Crisis Services and StarVista Crisis Center, accepted the proclamation and made remarks about Suicide Prevention Month.
• Honor Roll Students Recognition:

The Mayor stated, “The Town of Colma is extremely proud of its young people and their academic achievements. Tonight, we are celebrating some of the bright students who have made the honor roll at their schools.

The sudents will receive the following gifts in recognition of their hard work: a certificate of their achievement, along with some Colma swag including a pen, folder, hand sanitizer, a Colma PD bike light and fidget spinner, and a $10 gift card to Target.

Congratulations to these hardworking students and their families:
• Mikki Catimbang
• Rosa Mendoza
• Janessa Moreno Padilla
• Mia Myvett
• Miguel Navarro, Jr.
• Amir Posey
• Vernice Wang

PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:16 p.m. and seeing no one request to speak, she closed the public comment period.

CONSENT CALENDAR

2. Motion to Accept the Minutes from the August 24, 2022 Regular Meeting.

3. Motion to Accept the Minutes from the September 7, 2022 Special Meeting.

Minutes – Regular Meeting 09.14.22 Page 3 of 6

4. Motion to Approve Report of Checks Paid for August 2022.

5. Motion to Reconfirm the Findings and Determinations Made in Resolution No. 2021-33 and Under Assembly Bill 361 for the Continuation of Virtual Meetings, with Acknowledgment that the California Department of Public Health has Updated the Definition of “Close Contact” in Regulation 3205 from Being within 6 Feet of Another Person to Sharing the Same Indoor Space with Another Person for 15 Minutes or More, Which Further Supports the Findings.
6a. Motion to Adopt a Resolution to Submit an Application to the San Mateo County Transportation Authority for Cycle 6 Pedestrian and Bicycle Program Funding for the El Camino Real Complete Street Project from Mission Road to Arlington Drive, City of South San Francisco (Segment B); and
6b. Motion to Adopt a Resolution to Submit an Application to the San Mateo County Transportation Authority for Cycle 6 Pedestrian and Bicycle Program Funding for the Serramonte West Boulevard Bicycle and Pedestrian Improvement Project (Phase I).

Action: Vice Mayor del Rosario moved to approve the consent calendar items #2 through 6b; the motion was seconded by Council Member Colvin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
Ken Gonzalez 
5 0

NEW BUSINESS

7. RAISING OF THE ARMENIAN FLAG
City Clerk Caitlin Corley presented the staff report. The Mayor opened the public comment period at 7:21 p.m. Citizen Aline Barsoumian spoke. The Mayor closed the public comment period at 7:23p.m. Council discussion followed.

Action: Mayor Fisicaro moved Adopt a Resolution Directing Town Staff to Fly the National Flag of Armenia at the Community Center in Lieu of the Town Flag from September 21, 2022 to September 28, 2022, in Honor of Armenian Independence Day; and the motion was seconded by Council Member Goodwin and carried by the following vote:

Minutes – Regular Meeting 09.14.22 Page 4 of 6
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
Ken Gonzalez 
5 0

8. CONDITIONAL USE PERMIT - 1531 MISSION ROAD
Council Member John Goodwin announced that he would not participate in this item out of an abundance of caution because he lives within 1000 feet of the property being discussed.

The City Clerk removed Council Member Goodwin’s audio and video capabilities.

City Planner Farhad Mortazavi and Associate Planner Alvin Jen presented the staff report.

Mayor Fisicaro opened the public comment period at 7:33 p.m. Applicant Dennis Legé made a comment. The Mayor closed the public comment at 7:34 p.m. Council discussion followed.

Action: Vice Mayor del Rosario moved to Adopt a Resolution Granting a Conditional Use Permit to Allow a Minor Auto Repair Business at the Commercial Building Located at 1531 Mission Road (APN: 010-182-080), Pursuant to CEQA Guideline 15301, Class 1(A); the motion was seconded by Council Member Colvin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
Ken Gonzalez 
4 0

Council Member Goodwin rejoined the meeting with audio and video capabilities.

9. FY 2022-23 NON PROFIT FUNDING
Council Member Goodwin disclosed that he has raised funds for LifeMoves and is a member of the Silicon Valley Bicycle Coalition; he believed he was allowed to participate in this item but wanted to be transparent about his association with the organizations. City Attorney Christopher Diaz agreed that Council Member Goodwin was fine to participate.

Administrative Technician Abigail Dometita presented the staff report. Mayor Fisicaro opened the public comment period at 7:48 p.m. The following people spoke:
• Laura Fanucchi, Director of Programs of HIP Housing
• Karen A Ferguson, Chief Executive Officer of CORA
• Jordy Pascual, Jobs for Youth Manager
Minutes – Regular Meeting 09.14.22 Page 5 of 6
• Teresa Proaño, DCPLA Board of Directors
• Jos Bols, Director Nutritional Services Meals on Wheels • Anastacio Flores, President of ALLICE
• Lauren Heminez, Grants Manager of StarVista
• Giselle Domondon, Daly City Partnership
• Sarah Fields, LifeMoves
• Felicia Leong, Colma Daly City Chamber of Commerce
Christine Kohl-Zaugg, Executive Director of Sustainable San Mateo County submitted a written comment, which the City Clerk read aloud. The Mayor closed the public comment at 8:11 p.m. Council discussion followed.

Council made several changes to the staff recommended funding amounts, which are marked in red below:

Grantee Name FY 2022-23
Grantee
Request
FY 2022-23
Staff
Proposed
Grant Amount
FY 2022-23
Approved
Funding
AbilityPath (Community
Gatepath)
$7,500 $6,500 $6,500
ALLICE $3,000 $1,500 $1,500
Clinic by the Bay $8,000 $4,000 $4,000
Colma - Daly City Chamber of
Commerce
$45,000 $30,000 $30,000
CORA $10,000 $5,000 $7,000
Daly City Peninsula Partnership
Collaborative
$30,000 $15,000 $15,000
Daly City Public Library
Associates
$5,200 $5,200 $5,200
Daly City Youth Health Center $7,500 $6,000 $6,000
Human Investment Project, Inc.
(HIP Housing)
$5,000 $5,000 $5,000
JUHSD Wilderness School (CEEP) $4,000 $4,000 $4,000
LifeMoves $5,000 $4,000 $4,000
Ombudsman Services SMC $3,000 $2,500 $2,500
Operation Santa Claus $1,500 $1,500 $1,500
Peninsula Volunteers, Inc. Meals
on Wheels
$10,000 $5,500 $6,000
Renaissance Entrepreneurship
Center
$5,000 $3,500 $3,500
Silicon Valley Bicycle Coalition $5,000 $3,500 $3,500 Sitike Counseling Center $7,500 $6,500 $6,500
SMC Community College
Foundation
$5,000 $4,000 $4,000
Minutes – Regular Meeting 09.14.22 Page 6 of 6
SMC Jobs for Youth $4,000 $3,000 $4,000
SMC Pride Center $3,000 $3,000 $3,000
Sustainable San Mateo County $5,000 $1,000 $1,000
Totals $179,200 $120,200 $123,700
Action: Council Member Goodwin moved to Adopt a Resolution Determining Eligibility for Grant Funding, Approving Grants to Eligible Organizations, Finding That Each Approved Grant Serves a Public Purpose, and Authorizing Contracts with Each Eligible Organization for the Use of Town Funds; the motion was seconded by Vice Mayor del Rosario and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
Ken Gonzalez 
5 0

COUNCIL CALENDARING
The next Regular Meeting will be on Wednesday, September 28, 2022 at 7:00pm.

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 There will be a Mayor Chamber Business Walk on Friday, September 16 at 10:00 a.m.  A Coffee and Cars event will take place on Saturday, September 17 at 9:00 a.m.; they are collecting school supplies.
 The Armenian Flag Raising will take place on Wednesday, September 21 at 9:00 a.m. at the Colma Community Center.
 The Cadillac Grand Opening will take place on Tuesday, September 27 at 6:00 p.m.  There will be a Closed Session at the Regular Meeting on September 28, 2022 at 6:00 p.m.

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 8:41 p.m.

Respectfully submitted,

Caitlin Corley
City Clerk
Minutes – Special Meeting – 09.21.22 Page 1 of 2

MINUTES

SPECIAL MEETING
City Council of the Town of Colma
Colma Community Center
1520 Hillside Boulevard
Colma, CA 94014
Wednesday, September 21, 2022
9:00 A.M.

CALL TO ORDER
Mayor Helen Fisicaro called the meeting to order at 9:06 a.m.

Council Present – Mayor Helen Fisicaro and Council Member John Irish Goodwin were present. Vice Mayor Joanne F. del Rosario, Council Members Diana Colvin and Ken Gonzalez was absent.

Staff Present –Chief of Police John Munsey, Director of Public Works Brad Donohue, Police Commander Sherwin Lum, Recreation Services Manager Angelika Abellana, City Clerk Caitlin Corley and Administrative Technician Abigail Dometita were in attendance.

WELCOME AND INTRODUCTION OF SPECIAL GUESTS
Mayor Fisicaro welcomed special guests present from the local Armenian community:
• John Kevranian, Northern California Regional Council Co-Chair of Armenian Assembly of America
• Valina Agbabian, California Chair of the Armenian Assembly of America • Grace Andonian, Principal from Krouzian-Zekarian-Vasbouragan Armenian School • Fr. Mestop Ash, pastor of St. John Armenian Church
• Fr. Smpad Saboundjian, pastor of St. Gregory Armenian Apostolic Church • Rev. Calvin Sagherian, Calvary Armenian Congregational Church • Sevana Panosian, El Camino High School teacher and active member of the local Armenian community
• Delegation of students from Krouzian-Zekarian-Vasbouragan Armenian School • Representatives from the Veterans of Foreign Wars

PROCLAMATION IN HONOR OF ARMENIAN INDEPENDENCE DAY
Mayor Fisicaro stated, “We are honored to have you all here with us today on Armenia’s 31st Independence Day, as we raise the Flag of Armenia. Colma has strong ties to the Armenian Community, and we are so pleased and proud to be able to recognize the important contributions that they have made here in Colma and more broadly in the United States.” Mayor Fisicaro then read a proclamation in recognition of Armenian Independence Day and invited John Kevranian, Northern California Regional Council Co-Chair, Armenian Assembly of America, to come forward to accept the proclamation. Mr. Kevranian then made remarks thanking the Town for the recognition.

Item #3

Minutes – Special Meeting – 09.21.22 Page 2 of 2

RAISING OF THE ARMENIAN FLAG
Colma Police Officers raised the Armenian Flag, while students from Krouzian-Zekarian- Vasbouragan Armenian School sang the Armenian National Anthem.

REMARKS BY VICE MAYOR AND COUNCIL MEMBERS
Council Member Goodwin made remarks.

REMARKS BY MEMBERS OF THE PUBLIC
The Mayor asked is any members of the public wished to speak. The follow people made remarks:
• Karenkin Andonia, 8th Grader at Krouzian-Zekarian-Vasbouragan Armenian School • Grace Andonian, Principal from Krouzian-Zekarian-Vasbouragan Armenian School • Fr. Mestop Ash, pastor of St. John Armenian Church

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 9:24 p.m. and invited everyone to stay for coffee and Armenian treats.

Respectfully submitted,

Caitlin Corley
City Clerk
Staff Report re Resolution in Support of Prop 1 Page 1 of 2 S

TAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
VIA: Brian Dossey, City Manager
MEETING DATE: September 28, 2022
SUBJECT: Resolution in Support of Statewide Proposition 1

RECOMMENDATION
Staff recommends that the City Council adopt:

RESOLUTION IN SUPPORT OF PROPOSITION 1, TO AMEND THE CALIFORNIA CONSTITUTION TO EXPRESSLY INCLUDE AN INDIVIDUAL’S FUNDAMENTAL RIGHT TO REPRODUCTIVE FREEDOM, IN THE NOVEMBER 8, 2022 STATEWIDE GENERAL ELECTION

EXECUTIVE SUMMARY
Staff recommends that the City Council consider adopting a resolution to affirm the City Council of the Town of Colma’s support for the passage of Proposition 1 in the November 8, 2022 Statewide Election.

FISCAL IMPACT
None.

BACKGROUND
On June 24, 2022, the Supreme Court of the United States issued its opinion in Dobbs v. Jackson Women’s Health Organization, which overturned its 1973 decision of Roe v. Wade. The Roe decision had established a constitutional right to abortion, thereby limiting the ability of the states to place restrictions on abortion.

E
xisting California laws provide that every individual has a fundamental right to privacy in their personal reproductive decisions, which includes the fundamental right to choose to have an abortion and the fundamental right to choose or refuse contraceptives.

O
n Tuesday, November 8, 2022, voters in the state of California will vote on Proposition 1.

Proposition 1 seeks to amend the California Constitution to expressly include these fundamental rights and prohibit the State from denying or interfering with an individual’s reproductive freedom.

Item #4
Staff Report re Resolution in Support of Prop 1 Page 2 of 2

ANALYSIS
By adopting the proposed resolution, the City Council of the Town of Colma affirms its support for the passage of Propositi on 1. The resolution also expresses support for the “Women’s Reproductive Freedom and Healthcare Privacy Action Plan” developed by the Board of Supervisors of the County of San Mateo.

Council Adopted Values

Adoption of the proposed resolution promotes fairness and respect by supporting the public’s right to privacy in their personal reproductive decisions.

Alternatives
The City Council could choose not to adopt the proposed resolution.

CONCLUSION
Staff recommends that the City Council adopt the attached resolution.

ATTACHMENTS
A. Resolution

Res. 2022-__, Resolution in Support of Statewide Proposition 1 Page 1 of 2 RESOLUTION NO. 2022-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA
RE
SOLUTION IN SUPPORT OF PROPOSITION 1, TO AMEND THE CALIFORNIA CONSTITUTION TO EXPRESSLY INCLUDE AN INDIVIDUAL’S FUNDAMENTAL RIGHT TO REPRODUCTIVE FREEDOM, IN THE NOVEMBER 8, 2022 STATEWIDE GENERAL

ELECTION
T
he City Council of the Town of Colma does hereby resolve as follows:

1. Background
(a) the Town of Colma supports the ability of all residents to access safe and affordable healthcare; and
(b) access to safe and legal abortion affects health, safety, economic stability, and quality of life; and
(c) the ability of women to safely access reproductive and other healthcare services is increasingly threatened across the country, especially with the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade; and (d) the City of San Mateo supports the “Women’s Reproductive Freedom and Healthcare Privacy Action Plan” developed by the Board of Supervisors of the County of San Mateo; and (e) Proposition 1 on the November 8, 2022 Statewide General Election would, if passed, amend the California Constitution to expressly include an individual’s fundamental right to reproductive freedom, which includes the fundamental right to choose to have an abortion and the fundamental right to choose or refuse contraceptives.

2. Order
(a) In light of the foregoing, the City Council affirms the importance of reproductive health, rights and justice, and women’s access to safe, comprehensive and affordable reproductive health care including the right to safe and accessible abortion services. (b) The City Council supports the passage of Proposition 1 at the November 8, 2022 Statewide General Election.
//
//
//
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Attachment A
Res. 2022-__, Resolution in Support of Statewide Proposition 1 Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution No. 2022-__ was duly adopted at a regular meeting of said City Council held on September 28, 2022 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor
Joanne F. del Rosario
John Irish Goodwin
Diana Colvin
Ken Gonzalez
Voting Tally

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 1 of 8

STAFF REPORT
T
O: Honorable Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works, CSG Consultants Alvin Jen, Associate Planner, CSG Consultants
VIA: Brian Dossey, City Manager
MEETING DATE: September 28, 2022
SUBJECT: Serramonte KIA – Amended Conditional Use Permit and Design Review

RECOMMENDATION
Staff recommends that the City Council adopt:

RESOLUTION APPROVING AN AMEDENED CONDITIONAL USE PERMIT AND GRANTING

AN EXCEPTION TO THE SPANISH MEDITERRANEAN DESIGN REVIEW OVERLAY TO

ALLOW FOR AN AUTO DEALERSHIP EXPANSION TO ADD A NEW SERVICE CENTER TO

AN EXISTING AUTO DEALERSHIP IN WITH A MODERN DESIGN ARCHITECTURE LOCATED AT 600 SERRAMONTE BOULEVARD - APN: 008-392-140.

EXECUTIVE SUMMARY
The applicant is proposing to expand an existing auto dealership by adding a new service center at 600 Serramonte Boulevard . The proposed project will include a new service building and northeasterly expansion of the existing showroom to include a building canopy for service write ups for the service center. The use is appropriate for the commercial location and complies with the Town’s Zoning and General Plan policies. Conditions of approval are recommended to address parking, noise, and air quality to ensure the business will not impact uses in the neighborhood , thereby ensuring the public health, safety, and welfare of the community.

FISCAL IMPACT
By approving this project, the Town will benefit from its budget (in the form of increased sales tax revenue from sales of auto parts).

BACKGROUND
The project site is located along Serramonte Boulevard which has a General Plan land use designation of Commercial and is zoned Commercial (“C”) within DR(S) Design Review Spanish Mediterranean Overlay Zone. Exterior modifications include the service center with a second floor for parts storage and a new service canopy. The proposal includes a new service building that Item #5

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 2 of 8 comprises 14 service bays, bathrooms, employee areas, and retail parts office. To provide space for the proposed service center, grading excavation will be done on the rear of the property (northwest). The major part of the grading operation will be the excavation effort, approximately 1,810 cubic yards of soil will be disturbed of which 1,044 cubic yards will be off- hauled off site. with the remainder of the soil being used on site.

The calculation of the proposed project is below:

Area (square feet)
Total Lot Size 70,800 sq. ft. (1.625 acres)
Proposed New Lot Coverage 13,692.2 sq. ft.

Proposed Total Lot Coverage Percentage 13,692.2/70,800 = 19.3%

Proposed Use (Second Floor) Area (square feet)
Parts Storage 1,762.2 sq. ft.

Proposed Second Floor Total 1,762.2 sq. ft.

Proposed Canopy 1,276.2 sq. ft.

Proposed New Lot Coverage Area (square feet)
Ground Floor Total 6,785.7 sq. ft.

Canopy Total 1,276.6 sq. ft.

Total 8,062.3 sq. ft.

Floor Area Ratio (FAR) Calculation Area (square feet)
Proposed Gross Floor Area 13,692.2 + 1,762.2 = 15,454.4 Proposed New FAR Percentage 15,454.4/70,800 = 21.8%

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 3 of 8

The existing building is a one-story 5,630 square foot auto dealership, with a height of 24 ft. The previous use, before the Kia dealership, was also an auto dealership. In November 1982, City Council approved Resolution No. 610 granting a conditional use permit for an auto sales office.

In October 1996, City Council approved Resolution No. 96- 62 granting an amended conditional use permit to construct a new permanent build ing containing offices and a showroom for sales of new and used motor vehicles. Resolution No. 96 -62 superseded Resolution No. 610. The existing building supports auto sales including a showroom and sales offices. Currently, there are one hundred thirty-seven (137) parking spaces onsite, two (2) ADA spaces , and two (2) EV chargers. The addition of the service center will include a net loss of fifteen (15) parking spaces, the majority located in the rear portion of the exiting lot; however, one (1) ADA space will be added in the front of the building.

The existing dealership is a portion of a larger parcel owned by Greek Orthodox Memorial Park located on the north. A lease agreement was entered into with the property owner in November 2021, which allows for the lease of the land currently used for an auto dealership including the option to add an additional 5,000 square feet of land to construct a service center. This lease agreement is on file with the Town’s Planning Department.

Surrounding uses include cemetery use (Greek Orthodox) to the north, public use (Town Hall) and residential (Creekside Villas) to the east, commercial uses to the south (Kohl’s), and west (Golden State Infiniti).

ANALYSIS
The applicant, Matthew Zaheri (who is the owner of the Kia dealership, but also the owner of Subaru and Volkswagen dealerships on Serramonte Blvd.), is requesting a n amendment to the Conditional Use Permit and is seeking design review approval to allow for the construction of a new service center at 600 Serramonte Boulevard.

The existing auto dealership is a one -story, 5,630 square foot building and 24’ in height. The proposed service center will be a two -story building with 8,547.9 square feet (ground floor and second floor for parts storage) and an additional 1,277 square foot canopy.

The proposed service center will operate Monday to Friday from 7:00 AM to 6:00 PM, Saturday from 8:00 AM to 1 :00 PM, and closed Sundays . The type of activities that may occur on -site include auto repair, auto service, and auto parts sales. There will be up to 22 employees working at any given shift in the new service center, in addition to the current auto sales activities.

To create enough space for the service center, approximately 1,810 cubic yards of material will be excavated from the northwest side of the existing lot , 1,044 cubic yards will be off -hauled, Proposed Total Lot Coverage Area (square feet)
Existing Lot Coverage 5,630 sq. ft.

Proposed New Lot Coverage 8,062.3 sq. ft.

Total 13,692.3 sq. ft.

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 4 of 8 and the remainder used on site. To meet the requirements of the Municipal Regional Storm Water Permit (MRP) , stormwater run -off from the site would be redirected to a biotreatment and retention area located on the east side of the proposed service building.

Parking and Deliveries
Entry to the service center will be on Serramonte Boulevard, on the east side of the building. The proposed canopy on the east side of the existing building will be utilized for staging cars awaiting service.

Deliveries of cars and parts will also utilize the east side of the building. This would be made on- site and would require a vehicle carrier and employees to receive the delivery. The vehicles would enter the site through the main access at Serramonte Boulevard and load/unload vehicles in the designated carrier unloading area and exit back to Serramonte Boulevard.

Findings Relating to California Environmental Quality Act, (CEQA) Review Pursuant to Section 15301 of the State of California CEQA Guideline Class 1(e)(2), Additions to Existing Structures – the proposed project is Categorically Exempt from further environmental review per the findings below.

Section 15301 Class 1(e)(2), consists of projects characterized as additions to Existing Structures, and the project meets the conditions described in this section. (e) Additions to existing structures provided that the addition will not result in an increase more than:
(2) 10,000 square feet if:

The project is proposed to add 8,062.3 square feet, which is less than 10,000 square feet.
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan
The project is an expansion of an existing building where there are public services located along Serramonte Boulevard. Within the General Plan text, a list of appropriate retail and service uses are listed to serve the community, with auto-related use listed as acceptable in the commercial land use category.

And
(B) The area where the project is located is not environmentally sensitive.

The project site is located near Colma Creek. There are no endangered , rare or threatened species in Colma or on the subject site. Colma Creek is channelized nearby and does not provide a habitat for endangered species.

The creek area will not be disturbed or altered as part of the project.

Pursuant to Section 15303 of the State of California CEQA Guideline Class 3(c), Additions to Existing Structures – the proposed project is Categorically Exempt from further environmental review per the findings below.

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 5 of 8 Section 15303 Class 3(c), consists of construction and location of limited numbers of new, small facilities or structures.
(c) A store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exem ption also applies to up to four such commercial building not exceeding 10,000 square feet in floor area on sites zones for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

The proposed project is located in an urbanized area1 where one (1) existing building occupies the lot, and an additional building will be constructed which will be a total of two (2) buildings . The new addition of 8,062.3 is below the 10,000 s quare foot threshold. The proposed service center will not involve the use of significant amounts of hazardous substances , the amount and type of substances used will be similar to auto-related uses in the surrounding area. Public services and facilities will be available as this is an expansion of an existing building . The surrounding area is not environmentally sensitive as there are no endangered, rare or threatened species in Colma or on the subject site. Colma Creek is channelized nearby and does not provide a habitat for endangered species.

Based on the findings above, this project is Categorically Exempt from further environmental review.

Findings Related to Granting an Amended Conditional Use Permit Section 5.03.410 of the Colma Municipal Code requires that certain findings be made for approval of a Conditional Use Permit. These findings are also required for an amended Conditional Use Permit. These findings apply to the project as follows:
a) The proposed Conditional Use Permit will be consistent with the provisions of the Colma General Plan and Zoning Ordinance.

The use is consistent with the Colma General Plan vision for Serramonte Boulevard as described on pages LU 4, 25, and 26 of the 2040 General Plan. Specifically, the parcel where this business will operate is designated on the land use map for commercial use. Within the General Plan text, a list of appropriate retail and service uses are listed to serve the community. Auto-related use is listed as acceptable in the commercial land use category.

The Colma Commercial Zoning code is specifically broad to encourage a wide range of commercial uses such as the proposed use. Thus, the proposed use is also consistent with the Town’s Zoning provisions.
b) Granting the Conditional Use Permit will not be detrimental to the public health, safety, or public welfare, or materially injurious to the properties or improvements in the vicinity.

1 Colma is part of the San Francisco-Oakland urbanized are as determined by the U.S. Census Bureau

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 6 of 8 This project will not create a significant impact on the surrounding area. Existing businesses and uses on this corridor are mostly auto dealerships (Golden Gate State Infiniti, Golden State Nissan, Serramonte Subaru , and Serramonte Volkswagen ), commercial (Kohl’s), cemetery ( Greek Orthodox), public (Colma Town Hall), and residential (Creekside Villas) . From a January 2020 report, Serramonte Boulevard and Collins Avenue Master Plan , states, “Both Serramonte Boulevard and Collins Avenue were found to have excess vehicular roadway capacity, meaning the width (in the case of Collins Avenue) or number (in the case of Serramonte Boulevard between Junipero Serra Boulevard and El Camino Real) of travel lanes in each case could be reduced without significant impacts to vehicle travel times.” Based on the previous statement, Serramonte Boulevard should support the project without causing significant traffic to the surrounding area.

Staff finds that the lot size and location are sufficient for the proposed use. To further mitigate any potential traffic impacts related to the project, a traffic control plan shall be submitted prior to any issuance of a building permit.

During construction, project traffic will include the use of heavy equipment for site improvements.

Construction will require grading, concrete pouring, and materials delivery. The project will off- haul 1,044 cubic yards of material resulting in 52 trips in a 20 cubic yard container. To help mitigate construction-related impacts, as a condition of this use permit, per Colma Municipal Code

5.04.220(c), Standard Hours of Construction, within a radius of 500 feet of any residential unit, construction-related work including truck hauling is limited to Monday to Friday from 8:00 AM to 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM . Furthermore, using the Town -adopted Best Management Practices (BMPs), dust control and stormwater pollution prevention will be implemented as a condition of the amended use permit. c) Existing property uses, large or small, will not be detrimentally affected by the proposed Use Permit.

The existing lot includes an auto dealership. Surrounding uses include auto dealerships, cemetery, commercial retail, a public building, and a residential community. As a condition of the use permit, auto-related service activity will be contained within a fully enclosed building except for auto sales and auto inventory. This condition will help mitigate any noise impacts to the neighb oring Creekside Villas residences. The proposed use is found along Serramonte Boulevard and will not impact other automobile dealership, cemetery, retail, and public negatively. d) The granting of the Use Permit will not constitute a grant of special privil ege inconsistent with the limitations imposed by the Zoning Ordinance on the existing use of properties, large or small, within the Town of Colma The Amended Conditional Use Permit will not constitute the grant of a special privilege since, as noted above, the proposed us e is consistent with the existing Conditional Use Permit in the Commercial zone. The proposed use is an automobile service center located within an existing auto dealership lot. The proposed service center will be compatible with other uses in the surrounding area. In addition, similar uses are allowed on other parcels within the same Commercial zone illustrating that this is not a special privilege being granted, but is instead, consistent with other uses in the same zone.
e) The City Council is satisfied that the proposed structure or building conforms to the purpose and intent of the General Plan and Zoning Ordinance.

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 7 of 8 The proposed project is located on a lot zoned C for commercial use and complies with all applicable regulations of the Zoning Ordinance, including setbacks, height, and sign requirements.

In addition, the proposed use is allowed in the C zone. The lot is located within the Town’s auto row on Serramonte Boulevard and compliments nearby existing land uses. Therefore, the proposed project conforms to the purpose and intent of the General Plan and Zoning Ordinance. f) The use will not constitute a nuisance to neighboring persons or properties.

5.04.220(c), Standard Hours of Construction, within a radius of 500 feet of any residential unit, construction related work including truck hauling is limited to Monday to Friday from 8:00 AM to 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM.

Findings Related to Design Review
The project site is in the DR( S) Spanish Mediterr anean Overlay Zone which all plans for development in the portion of the DR zone which are designated with and “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style .

However, under Colma Municipal Code 5.03.300 (a)(1) states:
“5.03.300 Restrictions and Procedures Applicable to the "DR" Design Review Zone. (a) Applicability. The requirements of this section shall apply to all site, landscape and building plans, whether submitted in connection with the construction of a new building or an alteration or modification to the structure or façade of an existing building, within the area described in Section 5.03.040(d) with the following exceptions:
(1) An addition or modification to an existing building where the addition or modification, if it were to conform to the DR standards, would clash with the building’s established architectural theme.”
The existing building consists of modern architectural theme. By requiring the proposed service center to comply with Spanish Mediterranean architecture, staff finds that there would be a clash with the established architectural theme. Therefore, staff is recommending that the City Council grant a exception to allow for a modern design architecture.

In this project, there is no proposed landscaping, as the majority of the work will be located in the rear and side of the building. The trash enclosure will be consistent with the materials used on the existing and proposed building. The utility room will be enclosed and located on the west side of the building.

COUNCIL ADOPTED VALUES
The recommendation is consistent with the Council values of fairness because the recommended decisions are consistent with how similar requests have been handled, and with the council value of
responsibility because the proposed use has been carefully reviewed and conditioned so that

Staff Report - Amended Conditional Use Permit 600 Serramonte Page 8 of 8 it will be consistent with adopted development policies and regulations, and compatible within its setting.

SUSTAINABILITY IMPACT
The project will have a slight sustainability improvement to the site. The stormwater management strategy for the site will consist of bioretention areas along the front and rear of the property, which will meet the Municipal Regional Stormwater NPDES Permit (MRP) standards and improve water quality leaving the site. The stormwater improvements will also allow for infiltration reduce the existing quantity of water entering the storm drain system.

ALTERNATIVES
The following courses of action are available to the City Council:

1. Adopt the resolution and approve the Amended Conditional Use Permit granting a Design Review exception with modified or additional conditions of approval. This alternative may increase or reduce restrictions on the Conditional Use Permit to satisfy specific community concerns.

2. Direct staff to bring back a resolution to deny the Amended Conditional Use Permit and Design Review. If this alternative is selected, staff recommends that the City Council articulate concerns and the reasons for selecting this alternative.

CONCLUSION
Staff recommends that the City Council adopt the resolution approving the Amended Conditional Use Permit and granting a Design Review subject to the findings and recommended conditions of approval.

ATTACHMENTS
A. Resolution 2022-____, Approving an Amended Conditional Use Permit and granting an exception to the Spanish Mediterranean Design Review Overlay to allow for an Auto Dealership Expansion to add a New Service Center to an existing Auto Dealership in a modern design architecture at 600 Serramonte.

B. Project Plan Set which includes existing site plan, proposed site plan, existing site elevations, proposed site elevations, existing building plan and new building plans.

C. Public Comments.

Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 1 of 17 RESOLUTION NO. 2022-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT AND GRANTING

AN EXCEPTION TO THE SPANISH MEDITERRANEAN DESIGN REVIEW OVERLAY TO

ALLOW FOR AN AUTO DEALERSHIP EXPANSION TO ADD A NEW SERVICE CENTER TO

AN EXISTING AUTO DEALERSHIP IN A MODERN DESIGN ARCHITECTURE LOCATED AT 600 SERRAMONTE BOULEVARD - APN:008-392-140
Property Owner: Greek Orthodox Memorial Park
Lessee: Mathew Zaheri
Location: 600 Serramonte Boulevard
Assessor’s Parcel Number: 008-392-140
The City Council of the Town of Colma does hereby resolve as follows:

1. BACKGROUND
(a) The Town has received an application from Mathew Zaheri for approval of an Amended Conditional Use Permit and Design Review for the property at 600 Serramonte Boulevard (APN:
008-392-140).
(b) Pursuant to Section 15301 Class 1(e)(2) Projects Categorized as Additions to Existing Structures, and Section 15303 Class 3(c), New Construction or Conversion of Small Structures, the project is categorically exempt from California Environmental Quality Act (CEQA) review. (c) A notice of public hearing was mailed to all property owners within 300 feet of the subject property on September 15, 2022. In addition, a notice of public hearing was posted on the three Town of Colma bulletin boards, on September 15, 2022. (d) The City Council has considered the Amended Conditional Use Permit and Design Review application, the accompanying staff report, and all relevant evidence presented at the September 28, 2022, public meeting.
(e) The City Council has duly considered said application, the staff report, and public comments thereon.

2. FINDINGS
The City Council finds that:

Findings Relating to CEQA Review
Pursuant to Section 15301 of the State of California CEQA Guideline Class 1(e)(2), Additions to Existing Structures – the proposed project is Categorically Exempt from further environmental review per the findings below.

Section 15301 Class 1(e)(2), consists of projects characterized as Additions to Existing Structures, and the project meets the conditions described in this section.

Attachment A
Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 2 of 17 (e) Additions to existing structures provided that the addition will not result in an increase more than:
(2) 10,000 square feet if:

The project is proposed to add 8,062.3 square feet, which is less than 10,000 squar e feet.
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan
The project is an expansion of an existing building where there are public services located along Serramonte Boulevard. Within the General Plan text, a list of appropriate retail and service uses are listed to serve the community, with auto-related use listed as acceptable in the commercial land use category.

And
(B) The area where the project is located is not environmentally sensitive.

The project site is located near Colma Creek. There are no endangered, rare, or threatened species in Colma or on the subject site. Colma Creek is channelized on the right side of the site and does not provide a habitat for endangered species.

The creek area will not be disturbed or altered as part of the project.

Pursuant to Section 15303 of the State of California CEQA Guideline Class 3(c), New Construction or Conversion of Small Structures – the proposed project is Categorically Exempt from further environmental review per the findings below.

Section 15303 Class 3(c), consists of construction and location of limited numbers of new, small facilities or structures.
(c) A store, motel, office, restaurant, or similar struc ture not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial building not exceeding 10,000 square feet in floor are a on sites zones for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

The proposed project is located in an urbanized area1 where one (1) existing building occupies the lot, and an additional building will be constructed which will be a total of two (2) buildings. The new addition of 8,062.3 square feet is below the 10,000 square foot threshold. The proposed service center will not involve the use of significant amounts of hazardous substances, the amount and type of substances used will be similar to auto-related uses in the surrounding area. Public services and facilities will be available as this is an expansion of an existing building. The surrounding area is not

1 Colma is part of the San Francisco-Oakland urbanized area as determined by the U.S. Census Bureau Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 3 of 17 environmentally sensitive as there are no endangered, rare or threatened species in Colma or on the subject site. Colma Creek is channelized on the right side of the site and does not provide a habitat for endangered species.

Based on the findings above this project is Categorically Exempt from further environmental review.

Findings Relating to Granting an Amended Conditional Use Permit Section 5.03.410(a) of the Colma Municipal Code requires that certain findings be made for approval of a Conditional Use Permit . These findings are als o required for an amended Conditional Use Permit. These findings apply to the project as follows:
(a) The proposed Conditional Use Permit will be consistent with the provisions of the Colma General Plan and Zoning Ordinance.

The use is consistent with Colma General Plan vision for Serramonte Boulevard as described on pages LU 4, 25, and 26 of the 2040 General Plan. Specifically, the parcels where this business will operate are designated on the land use map for commercial use . Within the General Plan text, a list of appropriate retail and service uses are listed to serve the community. Auto -related use is listed as acceptable in the commercial land use category.

The Colma Zoning Code Commercial Zoning is specifically broad to encourage a wide range of commercial uses such as the proposed use. Thus, the proposed use is also consistent with the Town’s Zoning provisions.
(b) Granting the Conditional Use Permit will not be detrimental to the public health, safety, or public welfare, or materially injurious to the properties or improvements in the vicinity.

This project will not create a significant impact on the surrounding area. Existing bus inesses and uses on this corridor are mostly auto dealerships (Golden Gate State Infiniti, Golden State Nissan, Serramonte Subaru, and Serramonte Volkswagen), commercial (Kohl’s), cemetery (Greek Orthodox), public (Colma Town Hall), and residential (Creeks ide Villas). From a January 2020 report, Serramonte Boulevard and Collins Avenue Master Plan, states, “Both Serramonte Boulevard and Collins Avenue were found to have excess vehicular roadway capacity, meaning the width (in the case of Collins Avenue) or number (in the case of Serramonte Boulevard between Junipero Serra Boulevard and El Camino Real) of travel lanes in each case could be reduced without significant impacts to vehicle travel times.” Based on the previous statement, Serramonte Boulevard shoul d support the project without causing significant traffic to the surrounding area. Staff finds that the lot size and location are sufficient for the proposed use. To further mitigate any potential traffic impacts related to the project, a traffic control plan shall be submitted prior to any issuance of a building permit.

During construction, project traffic will include the use of heavy equipment for site improvements.

Construction will require grading, concrete pouring, and materials delivery. The project will off-haul 1,044 cubic yards of material resulting in 52 trips in a 20 cubic yard c ontainer. To help mitigate construction-related impacts, as a condition of this use permit, per Colma Municipal Code

5.04.220(c), Standard Hours of Construction, wit hin a radius of 500 feet of any residential unit, construction-related work including truck hauling is limited to Monday to Friday from 8:00 AM to Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 4 of 17 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM. Furthermore, using the Town -adopted Best Management Practices (BMPs), dust control and stormwater pollution prevention will be implemented as a condition of the amended use permit. (c) Existing property uses, large or small, will not be detrimentally affected by the proposed use.

The Amended Conditional Use Permit will not constitute the grant of a special privilege since, as noted above, the proposed use is consistent with the existing Conditional Use Permit in the Commercial zone. The proposed use is a service center related to automobile located within an existing auto dealership lot. The proposed service center will be compatible with other uses in the surrounding area. In addition, similar uses are allowed on other parcels within the same Commercial zone illustrating that this is not a special privilege being granted, but is instead, consistent with other uses in the same zone.
(e) The City Council is satisfied that the proposed use conforms to the purpose and intent of the General Plan and Zoning Ordinance.

The proposed project is located on a lot zoned C for commercial use and complies with all applicable regulations of the Zoning Ordi nance, including setbacks, lot coverage, height, and sign requirements. In addition, the proposed use is allowed in the C zone. The lot is located within the Town’s auto row on Serramonte Boulevard and compliments nearby existing land uses. Therefore, the proposed project conforms to the purpose and intent of the General Plan and Zoning Ordinance.

(f) The use will not constitute a nuisance to neighboring persons or properties.

The proposed project meets all the standards identified in the Zoning Ordinance and the project site is in a commercial zone. Neighboring properties include addi tional automotive dealerships, retail uses, public, and residential community. The conditions of the Use Permit will ensure that all activities related to the uses will not negatively impact adjoining uses. To mitigate noise nuisances associated with the project, as a condition of this use permit, per Colma Municipal Code 5.04.220(c),
Standard Hours of Construction, within a radius of 500 feet of any residential unit, construction related work including truck hauling is limited to Monday to Friday from 8:00 AM to 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM .

Findings Related to Design Review
The project site is in the DR(S) Design Review Spanish Mediterranean Overlay Zone which all Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 5 of 17 plans for development in the portion of the DR zone that are designated with and “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style.

However, Colma Municipal Code Section 5.03.300 (a)(1) states:
“5.03.300 Restrictions and Procedures Applicable to the "DR" Design Review Zone. (a) Applicability. The requirements of this section shall apply to all site, landscape and building plans, whether submitted in connection with the construction of a new building or an alteration or modification to the structure or façade of an existing building, within the area described in Section 5.03.040(d) with the following exceptions:
(1) An addition or modification to an existing building where the addition or modification, if it were to conform to the DR standards, w ould clash with the building’s established architectural theme.”
The existing building consists of modern architectural design, and the proposed addition carries the same architectural design theme. By requiring the proposed service center to comply with Spanish Mediterranean architecture, staff finds that there would be a clash wi th the established architectural theme. Therefore, staff is recommending that the City Council grant an exception for the project to a modern design architecture.

3. ORDER; CONDITIONS OF APPROVAL

The City Council approves the Amended Conditional Use Permit and Design Review to allow a 5,630 square foot auto dealership, 6,785.7 square foot service center , a 1,762.2 parts sto rage on the second floor, and a 1276.6 square foot canopy with business addressed as 600 Serramonte Boulevard, Colma, subject to the full and faithful performance of each of the general terms and conditions sets forth in this Resolution and the following project-specific conditions:

Conditions Related to the Amended Conditional Use Permit

a) Approval. This approval applies specifically to the project plans submitted to the Planning Department dated August 10 , 2022. All plans submitted for permits and subs equent construction, operation, and use on the site shall be in substantial compliance with these documents, subject to the changes and conditions set out herein. The Use Permit is valid for one year and will expire on September 29, 2023, if an associated building permit has not been issued. If this Use Permit is about to expire with no building permit being issued by the expiration date, the applicant may submit an application for one (1) year extension of the Use Permit to the planning department pursuant to Section 5.03.422 (b) of Colma Municipal Code. b) Allowed Uses. This Use Permit shall specifically allow the operations of an auto dealership which includes new and used automobiles , auto repair and servicing auto related retail sales, and offices at 600 Serramonte Boulevard, Colma as shown on final plans submitted on August Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 6 of 17 10, 2022, with the Planning Department. Car washing was not included in the application or set of plans and is not a permitted use unless approved by the City Planner or designee. c) Conditions of Approval with the Plan Sets. A copy of these conditions of approval shall be included in the building permit plan set. At least one copy of the stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available at the job site at all times.
d) All Uses Within a Building. The Permittee shall conduct a ny auto service related activity within a fully enclosed building, with the exception of automobile inventory and sales. The service canopy can also be included in auto service related activity. e) Nuisances. The Permittee shall not allow any nuisance to be maintained at the premises. f) Minor Changes. Minor changes to the appro ved use of the site may be approved administratively by the City Planner or designee.
g) Parking. On site parking shall be designated for; new and used inventory, customer parking, customer vehicle parking in service, and employee parking. No off-site parking shall be allowed for customers and employees.
h) Permits. The Permit tee sha ll ob tain all necessary permits, including but not limited to Building Permits, Sign Review for proposed Signage , and building permits for interior improvements and signage prior to construction.
i) Plans and Documents. All plans and documents must be stamped and signed by all design professionals.
j) California Building Code. All work must comply with the 2019 California Building Code edition. k) ADA. ADA improvement is required and must comply with 2019 California Building Code Chapter 11-B.
l) Access for Delivery Trucks. Suitable access for delivery trucks shall be maintained, and at no time shall delivery trucks be allowed to park on Serramonte Boulevard or in the fire lanes during loading or unloading activities.
m) Noise. If the Town receives verified noise complai nts from adjacent building tenants, the Applicant shall modify business practices and/or install further noise control features, such as noise insulation, to the satisfaction of the City Planner and Building Official. n) ADA Compliance. Work must include compliance with the American with Disabilities Act requirements, including complying with 2019 CBC chapter 11B-202.4 o) Building and Fire Code Compliance. All construction work must comply with 2019 California Building Code, 2019 California Mechanical Code, and 2019 California Fire Code. p) Trash Enclosure and Service . The permittee must subscribe to a regular refuse and recyclable items collection service (minimum pick-up of once per work and abide by the Town’s Recycling Ordinance ). Any outdoor trash enclosure proposed for use should be roofed and plumbed to the sanitary sewer system.

Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 7 of 17 q) Outdoor Material Storage. Outdoor material storage should be within enclosed and contained areas to prevent any non-stormwater discharges into the storm drainage system and waterways. r) Outdoor Use. All activities for the business shall be conducted within the building. Car washing and detailing is not an allowed activity under this use permit. s) Sewer Capacity. Additional sewer capacity fees may be payable to the sewer district (City of South San Francisco) because of change/modification in the use of the subject property.

Additional information will be provided after consulting with the sewer distric t.

Conditions Related to Design Review

t) Approved Plans. This approval is for the project presented in the approved Project Plans submitted to the Planning Department on August 10, 2022, prepared by JTG Architecture and on file in the office of the City Pl anner. All plans submitted for required permits and subsequent development, construction, operation and use on the site shall be in substantial compliance with these documents, subject to the changes and conditions set out herein. u) Standard Parking Spaces. Standard parking spaces in the customer and employee parking lot shall be no smaller than 9’ wide and 18’ long and compact spaces shall be no longer 8’ by 16’. Disabled parking spaces shall meet ADA width and overhead clearance requirements. All parking spaces shall be served by an access aisle no smaller than 24’ wide. Spaces and aisles are permitted to be narrower in the inventory area.
v) Lighting Plans. Final lighting plans (with light measurements to the front property lines) shall be submitted to the Planning Department prior to the issuance of a building permit. w) Colors and Materials. Exterior colors and materials for the building must be consistent with the colors and materials noted in the approved architectural plan set . x) Clearly Labeled Address. The building shall be provided with an address that is clearly visible from the roadway to the satisfaction of the Building Official and Colma Fire Protection District.
y) Signage. All signs to be used for identification of the business and directional signage shall be subject to required sign approvals from the Town. Any signage that is not i ncluded in the plans requires review and approval with an additional sign permit. N ow hiring and now open banners are permitted for display only for 90 days after openin g. z) Minor Changes. Minor changes to the approved project plans may be approved administratively by the City Planner or designee.

Grading, Drainage and Storm Water Pollution Prevention
(aa) Stormwater Management and Treatment Plan. The project shall comply with Provision C.3 and C.6 of the Municipal Regional Stormwater Permit (MRP) for stormwater treatment, Low Impact Development and Trash Capture Devices. Consistent with the preliminary plans submitted on August 9, 2022, the permittee shall submit a storm water management-treatment plan showing site design, source control, storm water treatmen t, low impact development (LID), and Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 8 of 17 construction best management practices (BMP) for compliance with Provision C.3 of the Municipal Regional Storm Water Permit (MRP). Appropriate Site Design measures, Source Control measures, and Construction Best Management Practices (BMP’s) shall be designed and shown on the project plans in accordance with the Stormwater Requirements Checklist for C.3 and C.6 Regulated Projects. Complete and submit the C.3 and C.6 Development Review Checklist (excel form) https://www.flowstobay.org/preventing-stormwater-pollution/with-new-redevelopment/c-3- regulated-projects/ (under Forms and Checklists). Additional C.3 related comments may be provided after review of this checklist . The checklist shall be submitted along with the projec t plans.
(i) Improvement Plans. Improvement plans shall show drainage areas and location of Low Impact Development (LID) treatment measures; project watershed area; total project site area and total area of land disturbed; total new and/or replaced imperviou s are a; treatment measures and hydraulic sizing calculations; a listing of source controls and site design measures to be implemented at the site; and supporting calculati ons. (ii) Interior Floor Drains. Interior floor drains shall be plumbed to the sanitary sewer system/ treatment device acceptable to the City Engineer and shall not be connected to storm drains.
(iii) Fire Sprinkler Test Water. The project design and construction shall provide for fire sprinkler test water to be discharged into landscaped areas or the sanitary sewer system. (iv) Air Conditioning Condensate. Condensate from air conditioning units shall be directed to landscape areas or connected to the sanitary sewer system. Any anti-algal or descaling agents must be properly disposed of.
(bb) Stormwater Maintenance Agreement. The property owner shall enter into a Stormwater Treatment Measures Maintenance Agreement accepting responsibility for the adequate installation/construction, operation, maintenance, inspection, and reporting of any on -site stormwater treatment measures being incorporated into the project until the responsibility is legally transferred to another entity. Storm drainage from all new and replaced hardscape areas shall be treated. The drainage from the building/downspouts and the replac ed asphalt building frontage is treated before its connection to daylight/discharge point needs to be shown. The maintenance agreement shall be drafted to the satisfaction of the City Engineer and the agreement shall be recorded at the County Recorder’s Office at the permittee’s expense. (cc) Stormwater Management Report. The Permittee shall submit a signed and stamped Stormwater Management report (this can be included in the site Hydrology and Hydraulics report) which includes the following:
(i) Narrative summary of the existing and proposed drainage conditions (ii) Narrative summary of the proposed stormwater management approach (iii) Calculation of pre- and post-development flows
(iv) Stormwater treatment calculations
Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 9 of 17 (dd) Minimum Slopes. All slopes shall be shown on the plans and finished grades shall be designed to have a minimum slope of 1%. If a minimum 1% slope is not feasible, the applicant shall work with staff to design acceptable grades.
(ee) NOI and SWPPP. The permittee must obtain coverage under the General Construction Activity Storm Water Permit (General Construction Permit) issued by the State Water Resources Control Board (SWRCB). The permittee must file a notice of intent (NOI) with the SWRCB. The permittee will be required to prepare a stormwater pollution prevention plan (SWPPP) and submit the plan for review and approval by the City Engineer. Prior to the issuance of any construction- related permits, the permittee shall submit to the City Engineer a copy of the SWPPP and the WDID number.
(ff) Drain Inlets. On-site storm drain inlets shall be marked with the words “No Dumping! Flows to Bay” or equivalent.
(gg) Erosion and Sediment Control Plan. Project plans shall include a site-specific erosion and sediment control plan (ESC) and Construction Best Management Practices (BMP) plan sheet into the plan set. Erosion & Sediment Control Measures and Best Management Practices shall be implemented and maintained throughout the duration of constru ction. (hh) Runoff. Runoff shall not be allowed to flow across lot lines or across property boundaries onto adjacent private property without an easement being recorded by the permittee at no cost to the Town.
(ii) Hazardous Materials. Prior to commencing any wor k on the project, the Permittee must remove all hazardous materials and remediate all contaminated soil conditions documented in the report to the satisfaction of San Mateo County. Prior to the issuance of building permits, the Permittee shall submit certi fication to the City Engineer that hazardous materials have been removed and that any contaminated soil conditions have been remediated (i) The project environmental consultant shall confirm that iron oxide and manganese found in geotechnical borings do not po se a hazard, even with the use of infiltration onsite.
(ii) Conduct sampling and testing to verify the absence of any hazardous contaminants in the soil. This work should be done under the direction of the project geotechnical engineer and environmental consultant.
(iii) Inspect the existing transformers for leaks, stains, or other evidence of PCB discharge, and establish the age of the existing transformer. (iv) Infiltration shall be prohibited if soil contamination is found to be present onsite, or if the site operations would introduce contamination. (jj) Grading and Drainage Plan. The Permittee shall submit a site Grading and Drainage Plan in cubic yards (cut and fill, include basis of quantity calculations), total area of land disturbed square footage of new and replaced impervious areas to the City Engineer for review and approval and obtain permit(s) prior to commencing any work on the project, including demolition or grading work. The Plan shall include cross-sections through all graded areas and show stabilization of the slope and disturbed areas behind the new building. The Plan shall include all recom mendations Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 10 of 17 contained in the Final Soils and Geotechnical Report(s). The Plan shall be prepared by a licensed civil engineer and shall be approved by the project Soils E ngineer.

Construction Activities
(kk) Conditions of Approval with Plan Sets. The conditions of approval shall be reproduced on the first page of the plans submitted for demolition, grading or building permits. Additional pages may be used if necessary. At least one copy of the stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available for review at the job site at all times.
(ll) Underground Service Alert. Prior to commencing construction, the applicant will request for an Underground Service Alert (USA) of the construction site. (mm) San Francisco Public Utilities Commission (SFPUC). The applicant shall submit shoring plan for the retaining wall construction to the SFPUC for review (nn) Traffic Control Plan. The permittee shall submit a Traffic Control Plan to the City Engineer for review and approval prior to commencing any work on the project, including demolition or grading work, for control procedures during the construction of the project. The Plan shall include at least the following: the route(s) that construction trucks shall use to access the property, identification of the access point(s) to the site, any proposed staging area for trucks waiting to enter the site, traffic management for any work within the improved portion of a public right -of-way, and any proposed traffic controls, such a s the use of flag persons, to ensure the safe entry and exit of trucks accessing the project site. Throughout the construction period for the project, the permittee must faithfully implement the approved Traffic Control Plan. (oo) Construction Staging Plan. Prior to the issuance of any demolition, building, or grading permit, the permittee shall submit a construction staging plan for the review and approval of the City Planner. The plan shall show where construction materials will be stockpiled prior to use, where construction debris will be collected, how frequently the debris will be removed, and where parking will be provided for construction equipment and construction workers. Construction activity on the project site shall be in compliance with the approved construction staging plan. (pp) Construction Signage. Prior to commencing any work on the project, including demolition or grading work, the permittee shall post on the project site in clear view of the public right-of-way, a sign indicating hours of constructi on and a phone number of the permittee to call for noise complaints.
(qq) Construction Hours. Per Colma Municipal Code 5.04.220(c), Standard Hours of Construction, within a radius of 500 feet of any residential unit, construction related work including truck hauling is limited to Monday to Friday from 8:00 AM to 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM.
(rr) Approved Haul Route . The Permittee shall submit proposed haul route to and from the project site, which route shall be subject to review and approval by the Public Works Director or his Designee. All contractors and suppliers shall be advised to use the approved haul route in moving materials and equipment to and from the project site.

Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 11 of 17 (ss) Permitted Grading Season. Grading work shall be limited to the period between May 1st and September 30 th unless an alternative schedule is approved in writing by the City Engineer in conjunction with the approval of an Erosion and Sediment Control Plan (tt) Repairs to Public Improvements. The Permittee shall be responsible for the cost of repairs to any improvements within the public right -of-way that are damaged during construc tion. The permittee shall submit documentation of the existing condition of the approved haul route and the public improvements along the project’s frontage, including but not limited to trees, tree grates, signs, light poles, drainage inlets, curbs, gutters, etc. to the satisfaction of the City Engineer prior to issuance of a grading or building permit. This survey shall be submitte d to the City Engineer prior to issuance of a grading or building permit. This survey shall be submitted to the City Engineer for review and approval. All damage shall be repaired to the satisfaction of the Public Works Director or his Designee Public Work Director or his Designee at no cost to the Town prior to approval of final occupancy. Notwithstanding for the foregoing, all damage that is a threat to public health or safety, as determined by the Public Works Director, shall be repaired immediately. (uu)
Storage of Materials in the Public Roadway. No material or equipment shall be stored on the improved portion of any public roadway at any time.
(vv) Litter Control . Prior to the end of each workday during construction, the contractor or contractors shall pick up and properly dispose of all litter resulting from or related to the project, whether located on the property, within the p ublic rights-of-way, or properties of adjacent or nearby neighbors.
(ww) Reduce Particulate Emissions. To reduce particulate matter emi ssions during project demolition and construction phases, the permittee shall require the construction contractors to comply with the dust control strategies developed by the Bay Area Air Quality Management District (BAAQMD) and shall include in construction contracts the following requirements:
i. Cover the load area of all trucks hauling construction and demolition debris from the site;
ii. Water all exposed or disturbed soil surfaces at least twice daily, or as required;
iii. Use watering to control dust generation during demolition of structures or break-up of pavement;
iv. Pave, apply water three times daily, at a minimum, or apply (non-toxic) soil stabilizers on all unpaved parking areas, staging areas, and areas used for vehicle access within the site;
v. Sweep daily all paved parking areas and staging areas during the earthwork phases of construction;
vi. Provide daily clean-up of mud and dirt carried onto paved streets from the site;
vii. Enclose, cover, water twice daily, or as needed, or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.);
Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 12 of 17 viii. Limit traffic speeds on unpaved roads to 15 mph;
ix. Install and maintain sandbags or other erosion control measures to prevent silt runoff to public roadways; and
x. Replant vegetation in disturbed areas as quickly as possible. xi. Reduce Air Pollutants Related to Vehicle Operation
ww) Reduce Air Pollutants Related to Vehicle Operation. The Permittee shall en sure that the contractors shall implement measures to reduce the emissions of pollutants generated by heavy- duty diesel -powered equi pment operating at the Project Site during project demolition, excavation and construction phases. The permittee shall include in construction contracts the following requirements or measures shown to be equally effective:
xii. Keep all construction equipment in pr oper tune in accordance with manufacturer’s specifications;
xiii. Use late model heavy-duty diesel-powered equipment at the Project Site to the extent that it is readily available in the San Francisco Bay Area; xiv. Use diesel-powered equipment that has been retrofitted with after-treatment products (e.g., engine catalysts) to the extent that it is readily available in the San Francisco Bay Area;
xv. Use low-emission diesel fuel for all heavy -duty diesel-powered equipment operating and refueling at the Project Site t o the extent that it is readily available and cost effective in the San Francisco Bay Area (this does not apply to diesel-powered trucks traveling to and from the site); xvi. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the San Francisco Bay Area;
xvii. Limit truck and equipment idling time to five minutes or less; xviii. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible.
xx) Air Quality Provisions in Contractor Agreements. The Permittee shall incorporate the following practices into the construction documents to be implemented by the project contractor and submit evidence of compliance to the City Planner for approval prior to the issuance of any construction permit, including a grading permit. The physical separation between noise generators and noise receptors s hall be maximized. Such practices include, but are not limited to, the following measures:
xix. Use heavy -duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 13 of 17 xx. Use shields, impervious fe nces, or other physical sound barriers to inhibit transmission of noise to sensitive receptors;
xxi. Locate stationary equipment on portions of the project site distant from nearby residential areas to minimize noise impacts on the community; xxii. Minimize backing movements of equipment;
xxiii. Select and use the quieter from among available construction equipment whenever possible;
yy) Staking of Property Boundaries and Building Corners. Prior to commencing any work on the project, the permittee shall have the property bounda ries staked by a California -licensed land surveyor or a California-registered qualified engineer. For new buildings, the written verification that the placement of the retaining walls and building comply with the approved site plan, prepared by a California-licensed surveyor or civil engineer licensed to practice surveying, shall be submitted and found acceptable by the Building Official prior to pouring of any foundation. zz) Temporary Power Poles. Applicant shall use temporary power poles instead of generat ors where feasible.
aaa) Vector Control. Prior to commencing any grading or building demolition, the permittee shall consult with County Environmental Health regarding vector control to reduce the displacement of mice and rats from the project site to adjacent properties. The permittee shall carry out a program of vector reduction within 30 days prior to commencing construction act ivities. Additionally, the permittee shall distribute information to the owners of properties within 300 feet of the project site boundaries with information about what to check to reduce the likelihood of vectors entering their property and buildings.
bbb) Rerouting of Irrigation Laterals. If applicable, existing irrigation lateral lines servicing existing Town landscaping shall be rerout ed to the satisfaction of the Public Works Department prior to construction of new driveways if the driveways conflict with the existing lines. ccc) Temporary Construction Easement. If applicable, the Permittee shall obtain a Temporary Construction Easement from adjacent/affected property owners for any construction taking place on a property line.

Financial Guarantees
ddd) Financial Guarantees. The Permittee must post a security bond, cash deposit or letter of credit in an amount not less than 100% of the estimated cost of all off-site and/or on-site public improvements to guarantee to the Town the faithful performance of all work and all conditions contained or described in the Permit. The financial guarantee shall also include a two -year maintenance provision that provides for 10% of the bond to be held for two years to make any repairs or corrections to the public improvements identified within two years of the improvements being accepted as complete by the City. The estimated cost of the off -site public improvements shall be determined by the City Engineer, and the security must be in a form reasonably satisfactory to the City Attorney.

Colma Fire Protection District Requirements.

Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 14 of 17 The requirements of the Colma Fire Protection District shall be met prior to the issuance of building permit(s) for the project. For further information on the requirements of the District, the applicant may contact the Deputy Fire Marshall, Bill Pardini at [email protected] or (650)740-2023. A separate review fee is required as part of the building permit plan check process. These comments include:
eee) Address Numbers 12-inch address numbers on the front of the building above the main door to the showroom.
fff) Emergency Lighting: Testing of the exit and emergency lighting fixtures must be completed prior to issuance of a building permit.
ggg) Fire Alarm: Complete plans for the fire alarm system must submitted prior to issuance of a building permit.
hhh) Fire Extinguisher: All fire extinguishers must be serviced. Fire extinguishers signs must be installed at the appropriate height designated by the Fire Marshall. iii) Fire Sprinkler: Submit plans for fire sprinkler system showing which fire sprinkler heads were changed with the showroom expansion. Prior to occupancy of the unit a 5-year test of the whole fire sprinkler system shall be conducted.
jjj) Knox Box: The existing Knox Box located in the main building should be relocated to the new building.
kkk) Fire Access: No vehicles shall block any required fire lane or driveways for access. lll) Fire Riser Room: A Fire Riser room is required.
mmm) Fire Hydrant: A Fire hydrant is required on site.
nnn) Fire Department Connection: The existing Fire Department Connection required relocation designated by the Fire Marshall.

4. GENERAL CONDITIONS
(a) This Conditional Use Permit shall run with t he land and be freely and automatically transferred to each user of the property described herein, subject to each of the specific and general conditions herein. As used in this Conditional Use Permit, the word “Permittee” shall mean each person using the property pursuant to the permit granted herein, including successors to the person first obtaining the permit.
(b) The Permittee must comply with all applicable federal, state and municipal laws, codes and regulations, including the California Building and Fire Co des. Nothing herein shall be construed as authorizing any approvals under, or any exceptions to any other law, code or regulation, or as authorizing any change to the occupancy classification of the premises or any buildings thereon as defined on the California Building Code. Without limiting the generality of the foregoing:
i. The Permittee shall maintain an annual Colma Business Registration; Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 15 of 17 ii. Prior to issuance of a Business Registration, the Permittee shall arrange for the project site to be inspected for F ire and Life Safety requirements of California Fire Code by the Colma Fire Protection District; and
(c) Indemnification. Permittee and its heirs, successors, and permitted assigns shall, at its sole cost and expense, indemnify, defend, protect, release, and hold harmless the Town and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents (collectively, “Indemnitees”), from and against any and all claims, actions, or proceedings (collectively, “Claims”) arising out of or in any way relating to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void, or annul the approval of this Project and any environmental determination that accompanies it. This indemnification sha ll include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the Permittee, third parties and the Indemnitees, arising out of or in connection with the approval of this Project and/or any environmental determination that accompanies it. Permittee agrees to pay directly, or timely reimburse on a monthly basis, the Town for all such costs of defense, including but not limit ed to, court costs, attorney fees, and time referenced herein. The Town, in its sole and absolute discretion, may elect, and the Applicant hereby agrees, to have the Applicant provide the defense of the Indemnitees subject to the Town’s approval of defens e council. Nothing herein shall prohibit the Town from participating in the defense of any claim, action, or proceeding. Permittee’s defense and indemnification of the Indemnitees as set forth herein shall remain in full force and effect throughout all st ages of any litigation challenging the Project, including any and all appeals of any lower court judgments rendered in the proceeding.
(d) The Conditional Use Permit may be modified or revoked should it be determined that:
i. The property is being operated or maintained in a manner that is detrimental to the public health or welfare, is materially injurious to property or improvemen ts in the vicinity, constitutes a public nuisance, or is contrary to any law, code or regulation; ii. If the Permittee fails to comply with and satisfy the conditions herein; or iii. As otherwise allowed by law.
(e) The Permittee must agree to comply with every term and condition herein by countersigning a copy of this approval.
//
//
//
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Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 16 of 17 Certification of Adoption
I certify that the foregoing Resolution No. 2022-## was duly adopted at a regular meeting of said City Council held on September 28, 2022, by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor X
Joanne F. del Rosario X
John Irish Goodwin X
Diana Colvin X
Voting Tally 4 0

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ______________________________
Caitlin Corley, City Clerk

Res. 2022-__, 600 Serramonte Boulevard – Amended Conditional Use Permit Page 17 of 17

NOTICE OF RIGHT TO PROTEST

The Conditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions cons titute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, d edications, reservations, and other exactions, pursuant to Government Code Section 66020(a), began on date of adoption of this resolution. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

AGREEMENT
Property Owner of 600 Serramonte Boulevard
The undersigned agrees to use the property on the terms and conditions set forth in this resolution.

Dated:

Name (printed)

For: Greek Orthodox Memorial, Property Owner,
600 Serramonte Boulevard

Permittee of KIA Serramonte at 600 Serramonte Boulevard The undersigned agrees to use the property on the terms and conditions set forth in this resolution.

Dated:

Mathew Zaheri, Permittee, KIA Serramonte at 600
Serramonte Boulevard

SERRAMONTE BOULEVARD
PARCEL 150 PM 50
N 49°03'47" E326.19'
N 40°44'21" W713.83'
N 40°44'21" W907.63'
AC2.1AC2.1
BC2.1BC2.1
CC2.1CC2.1
DC2.1
DC2.1
CAUTION: IF THIS SHEET IS NOT 24"x36" IT IS A REDUCED PRINT COLMA/CALIFORNIA630 SERRAMONTE BLVD.TOPOGRAPHIC SURVEY
C2.0
GKMENGINEERING.comLos Gatos, CA. 95032CIVIL ENGINEERING SURVEYING LAND PLANNING16185 Los Gatos Blvd. Suite#205(408) 656 5917 0Scale 1" = ft20204060

ABBREVIATIONS
The existing boundary lines, easements and encumbrances shown hereon, as defined inSection 8726 of the Business and Professions Code (Professional Land Surveyor's Act) , wasprovided by, or under the direct supervision of Shane R. Barber DATE

SURVEYOR'S STATEMENT
SHANE R. BARBER L.S. 9097
The existing fixed works and Topographic Survey shown hereon, as defined in Section 6731.1of the Business and Professions Code (Professional Engineers Act), was provided by, or underthe direct supervision of George K. Marinakis DATE

ENGINEER'S STATEMENT
GEORGE K. MARINAKIS, RCE 776293/5/2022
3/5/2022

NITROGEN PIPE LINECABLE TVFIBER OPTIC CABLELIGHTING CONDUIT

POST INDICATOR VALVEBACK FLOW PREVENTER

CATCH BASIN / DROP INLETWATER METERFIRE DEPARTMENT CONNECTION FENCE

PROPERTY LINELEGEND

RECORD INFORMATION W/ REFERENCE
GAS

JOINT TRENCHOVERHEADTELEPHONE

SANITARY SEWERRETAINING WALL
SIGN
VALVE

FIRE HYDRANT

FOUND MONUMENT AS NOTED

CENTERLINE

UTILITY POLE W/ GUY WIRE

BOLLARD LIGHT

SANITARY SEWER MANHOLE

UNDERGROUND ELECTRIC

STORM DRAINWATER

ADJACENT PROPERTY LINE

STORM DRAIN MANHOLE

GAS METER

BUILDING LINE W/ DOOR

MONITORING WELL

TRANSFORMER

CLEAN OUT

TRAFFIC SIGNAL POLE
(100.00')

FIRE SERVICE

EDGE OF PAVEMENT

MONUMENT LINEBUILDING OVERHANGFOUND IRON PIPE OR AS NOTED

UTILITY BOX (SIZE VARIES)

STREET LIGHT

FLAG POLE
LIGHT

RECLAIMED WATER

CONCRETE

INDEX CONTOURCONTOURCURB

TREE W/ SIZE AND ELEVATION

CURB & GUTTER

SPOT ELEVATION

KIA SERRAMONTE

From: Wilson, Joanne <[email protected]>
Sent: Wednesday, September 21, 2022 12:50 PM
To: Alvin Jen
Cc: Read, Emily; Herman, Jane; Feng, Stacie; Wong, Christopher J; Rodgers, Heather; Brad Donohue; Farhad Mortazavi
Subject: RE: 600 Serramonte Blvd., Colma
Thanks very much. Stacie Feng will follow-up with her comments, if any.

Joanne
From: Alvin Jen <[email protected]>
Sent: Wednesday, September 21, 2022 12:27 PM
To: Wilson, Joanne <[email protected]>
Cc: Read, Emily <[email protected]>; Herman, Jane <[email protected]>; Feng, Stacie <[email protected]>; Wong, Christopher J <[email protected]>; Rodgers, Heather <[email protected]>; Brad Donohue <[email protected]>; Farhad Mortazavi <[email protected]>
Subject: RE: 600 Serramonte Blvd., Colma
CAUTION: This email originated from o utside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Joanne,
I have attached the structural calculations for the retaining wall as well as the geotechnical report.

Please let me know if these documents will provide the information that the Senior Engineer is inquiring about.

<[email protected]>; Brad Donohue <[email protected]>; Farhad Mortazavi <[email protected]>
Subject: RE: 600 Serramonte Blvd., Colma
Hi Alvin: Upon further review, our senior engineer would like more information regarding the proposed retaining wall. Please have the project sponsor or contractor contact Stacie Feng, Senior Engineer, at [email protected] or (650) 871-2037. She has asked our surveyors to mark the SFPUC pipelines adjacent to the project.

The current plan doesn’t show how the retaining wall will be built. Please have the project sponsor or contractor provide the shoring plan for the retaining wall construction. Ms. Feng will want to make sure that if soil nailing is employed, the construction will take place within the subject property and will not extend beyond the property line and/or under the SFPUC’s pipeline.

Thanks very much.

Joanne
From: Wilson, Joanne
Sent: Tuesday, September 20, 2022 11:04 AM
To: Alvin Jen <[email protected]>
Cc: Read, Emily <[email protected]>; Herman, Jane <[email protected]>; Feng, Stacie <[email protected]>; Wong, Christopher J <[email protected]>; Rodgers, Heather <[email protected]>; Brad Donohue <[email protected]>; Farhad Mortazavi <[email protected]>
Subject: RE: 600 Serramonte Blvd., Colma
Hi Alvin: Our Right-of-Way Manager and Senior Engineer reviewed the plans for 600 Serramonte Boulevard and have no comments, except that we request that the following be required:
• The project sponsor and/or its contractor will request an Underground Service Alert (USA) prior to commencing construction. Please visit http://usanorth811.org/ or call 811.

T
hanks very much.

Joanne
From: Wilson, Joanne
Sent: Monday, September 19, 2022 5:20 PM
To: Alvin Jen <[email protected]>
Cc: Read, Emily <[email protected]>; Herman, Jane <[email protected]>; Feng, Stacie <[email protected]>; Wong, Christopher J <[email protected]>; Rodgers, Heather <[email protected]>; Brad Donohue <[email protected]>; Farhad Mortazavi <[email protected]>
Subject: RE: 600 Serramonte Blvd., Colma
Thanks Alvin – I’ll run it by our engineers to see if they have any concerns.

Joanne
From: Alvin Jen <[email protected]>
Sent: Monday, September 19, 2022 4:59 PM
To: Wilson, Joanne <[email protected]>
Cc: Read, Emily <[email protected]>; Herman, Jane <[email protected]>; Feng, Stacie <[email protected]>; Wong, Christopher J <[email protected]>; Rodgers, Heather <[email protected]>; Brad Donohue <[email protected]>; Farhad Mortazavi <[email protected]>
Subject: RE: 600 Serramonte Blvd., Colma
CAUTION: This email originated from o utside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Joanne,
I’ve attached the plans for your review. Unfortunately, we have not updated our current project list on the website. Please feel free to reach out to me for further assistance.

Best,
Alvin Jen
Assocciate Planner, CSG Consultants
Town of Colma
Planning Department
1198 El Camino Real, Colma, CA 94014
www.colma.ca.gov
[email protected]
650.757.8888 main
650.997.8314 direct
650.757.8890 fax
F
rom: Wilson, Joanne <[email protected]>
Sent: Monday, September 19, 2022 3:40 PM
To: [email protected]
Cc: Read, Emily <[email protected]>; Herman, Jane <[email protected]>; Feng, Stacie <[email protected]>; Wong, Christopher J <[email protected]>; Rodgers, Heather <[email protected]>
Subject: 600 Serramonte Blvd., Colma
Hello Alvin: I’m writing to request more information about the proposed auto dealership expansion to add a new service center at 600 Serramonte Boulevard in Colma. I checked the Town of Colma Planning Department website and did not see this proposal under “Current Projects”.

The SFPUC has three water transmission pipelines on the east side of the subject property. I am interested in knowing the location of any proposed construction work to evaluate whether or not these

pipelines might be impacted. Please send the proposed plans to me via email (or send me a link when the plans have been posted on your website).

Thank you very much.

Joanne Wilson
J
oanne Wilson
Senior Land and Resources Planner
N
atural Resources and Lands Management Division
Water Enterprise
1657 Rollilns Road
Burlingame, CA 94010
Please consider the environment before printing this email.

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Colma City CouncilSeptember 28, 2022

Colma City Council
September 28, 2022