Agenda packet — Colma City Council, September 27, 2023 (part 3 of 3)

AGREEMENT FOR THE CREATION OF A MURAL ON TOWN PROPERTY BY AND BETWEEN THE TOWN OF COLMA AND [CONTRACTOR]
This Agreement is made and entered into this _____ day of _______________, 2023, by and between the [ CONTRACTOR] (hereina�er referred to as “Ar�st ”), and the Town of Colma, a California municipal corpora�on (hereina�er referred to as " Town"). Ar�st and Town are some�mes referred to herein individually as a “Party” and collec�vely as the “Par�es.”

RECITALS
A. Town
is contrac�ng with Ar�st to develop a mural that highlights the Town’s history, diversity, and inclusivity in celebra�on of the Town’s 100th Anniversary, and to beau�fy the Town and help residents understand their place within the con�nuum of history; and B. Town r
ecognizes that the display of murals can improve community aesthe�cs, encourage tourism and commerce, and is mutually beneﬁcial to the Town and Ar�st; and C. Town h
as determined that the execu�on of a mural on Town property would serve a public purpose, as ar�culated above, and would not cons�tute an unlawful gi� of public funds; and D. The Pa
r�es now desire to enter into an agreement expressly se�ng forth the respec�ve rights, du�es, and obliga�ons of the Town and Ar�st regarding the installa�on, display and removal of a mural at the Site by Ar�st.

NOW,
THEREFORE, in considera�on of the mutual covenants herein, the Par�es agree as follows:

1. Nature of Mural. Town agrees to allow Ar�st to paint a mural (the “Mural”) on that certain Town Property consis�ng of the F Street wall, which is located at the base of F Street near its intersec�on with El Camino Real (the “Property”). The site of the Mural is more par�cularly described and depicted in Exhibit “A” atached hereto and incorporated herein by this reference . The Mural ’s dimensions shall be 2,280 square feet. The lower wall is roughly 180 feet long, by 7 feet in height, and the upper wall is 170 feet long and 6 feet in height , dependent upon the ﬁnal concept and presenta�on by Ar�st , which shall be subject to writen approval by Town.

2. Term. Town agrees that the Mural shall be allowed to remain upon the Property for 5 years from the date of comple�on (“Term”). The Mural shall be compl eted no later than April 30, 2024. Final acceptance is eﬀec�ve on the date Town issues writen no�ﬁca�on of ﬁnal acceptance or thirty (30) days a�er Ar�st has sent Town writen no�ce of comple�on, whichever ﬁrst occurs, unless Town, upon receipt of Ar�st’s no�ce of comple�on, provides Ar�st with writen no�ce specifying and describing an y incomplete services before thirty (30) days have elapsed. The Term may be extended by a writen agreement executed by both Par�es. Town agrees to not inten�onally remove, paint out, or damage the Mural during the Term except as otherwise permited by this Agreement.

3. Compensa�on. Town shall pay to Ar�st a ﬁxed fee of one hundred thousand dollars ($100,000.00) as full compensa�on for all services to be performed and materials to be furnished by Ar�st under this Agreement. The fee shall be paid as described in Exhibit “B,” atached hereto and incorporated by this reference. All requests for payment must be accompanied by a detailed invoice. Ar�st shall provide Town with Ar�st’s Tax Iden�ﬁca�on Number and any proof of such number as requested.

Attachment B

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4. Mural Execu�on. Ar�st shall provide for the execu�on of the Mural artwork and be solely responsible for any and all costs associated therewith, including but not limited to payment of fees to any ar�st, scaﬀolding, paint, and any equipment necessary to complete the Mural. Ar�st shall be responsible for providing all materials necessary for any maintenance, removal, or restora�on of the Mural required during the original or extended Term of this A greement. Town agrees to provide Ar�st with reasonable access to the Property for execu�on of the Mural, at �mes that do not interfere with Town opera�ons.

Ar�st assumes responsibility for all damage to Town’s property caused by its use thereof, and shall reimburse Town for correc�on of any such damage.

5. Use of Mural. Town understands that upon comple�on of the Mural, the Ar�st shall hold the copyright ownership over the artwork cons�tu�ng the Mural, and Town agrees that the placement of the Mural on Town property does not en�tle Town to use the artwork for any commercial purpose, except with Ar�st’s prior writen permission. Atached hereto as Exhibit “C” is a writen release executed by the ar�st(s) of the Mural artwork, gran�ng to Town the right to reproduce, distribute, and/or or display representa�ons of the Mural in any non-commercial manner whatsoever, and to authorize the removal or modiﬁca�on of the Mural in accordance with this agreement . For the purpose of this release, any reproduc�on, representa�on, distribu�on or display of the Mural that is intended to promote the Town, its services, or to atract visitors or businesses, shall be deemed non -commercial. The Town’s non- commercial rights pertaining to the Mural are described in further detail in Exhibit “C.” Town will use its best eﬀorts to promote Ar�st in any materials prepared by Town for non-commercial uses. Ar�st will use its best eﬀorts to credit the “Town of Colma” in representa�ons of the Mural including, but not limited to, drawings, models and sound or visual recordings. Town is not obligated to make any royalty payments to Ar�st except as required by law.

6. Maintenance. The Mural shall be properly maintained by Ar�st at its sole cost and expense during the ini�al and any extended Term of this Agreement. Ar�st understands that the Mural will be located in an unsecured, easily accessible public loca�on, and Town cannot guarantee that the Mural will be free from accidents, forces of nature, the�, acts of vandalism or other consequences of unsupervised public display. Accordingly, Ar�st’s duty to maintain the Mural shall include repairs or refurbishment in response to destruc�on, defacing, or similar unforeseen acts that aﬀect the appearance of the Mural. Town and Ar�st agree that any refurbishment, repairs, maintenance, or "touch up" of the Mural shall be undertaken only with the approval of both Par�es and under the supervision of Ar�st or its designated representa�ve.

The Town reserves the right to repair, remove, or modify damage to the Mural or to the wall that it appears on if Ar�st is unavailable, or if Town determines that immediate repair is necessary in response to an emergency or act of God. Should graﬃ� occur on the Mural, the Town may at its discre�on take immediate steps to remove it, or may request that Ar�st remove it.

7. Compliance with Laws. Ar�st shall be responsible for complying with all Federal, State, and local laws, ordinances, statutes , and regula�ons, including, but not limited to zoning and environmental requirements, and for obtaining all required licenses, permits, or other authoriza�ons applicable to the performance of Ar�st’s services under this Agreement.

8. Indemniﬁca�on. Ar�st shall indemnify, defend , and hold harmless the Town and its oﬃcers, employees, volunteers, and agents from and against any and all claims, demands, causes of ac�on, costs, expenses, liabili�es, and damages, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, or willful misconduct of Ar�st and its oﬃcials, oﬃcers, employees, agents, ar�sts, volunteers or contractors, arising out of or in connec�on with

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this Agreement, including without limita�on the payment of all consequen�al damages and atorneys’ fees and other related costs and expenses, except for liability resul�ng from the sole negligence or misconduct of Town. Ar�st shall promptly pay the amount of any judgment rendered against Town or its oﬃcers, employees, volunteers, or agents for any such indemniﬁed claims, and reasonable costs and atorneys’ fees incurred by Town in the defense of such claims related to this Agreement.

9. Termina�on.

A. Termina�on for Cause. In the event either Party shall, in good faith, determine the other to be in breach of the terms of this Agreement, the non -breaching Party shall deliver writen no�ce of the breach to the Party in breach. The Party in breach shall have thirty (30) days a�er receipt of no�ce to cure the breach. If the breach is not �mely cured to the reasonable sa�sfac�on of the non- breaching Party, the non -breaching Party may terminate this Agreement immediately upon delivering writen no�c e of termina�on to the Party in breach. Upon receipt of such no�ce of termina�on, Ar�st will, at its sole cost, remove the Mural from the Property, or paint it out.

B. Termina�on for Convenience. Town may terminate this Agreement by providing six (6) months advance writen no�ce to Ar�st, if the Mural substan�ally interferes with Town’s use of the Property or no longer serves Town’s interests. Upon receipt of such no�ce of cancella�on by Town, Ar�st will, at its sole cost, remove the Mural from the Property, or paint it out.

10. Lease of Property. If Town leases the Property, Town will cause its tenant or lessee to be made aware of and to honor this Agreement. If Town sells or transfers the Property during the ini�al or extended Term, Town will either: (i) require the buyer/transferee to honor the terms hereof, or (ii) terminate this Agreement pursuant to Sec�on 7(B).

11. Plain Language. The terms and condi�ons of this Agreement shall be construed pursuant to their plain and ordinary meaning and shall not be interpreted against the maker by virtue of that Party having dra�ed this Agreement.

12. Prevailing Party. In the event of any li�ga�on to enforce, or construe the terms of this Agreement, the prevailing Party herein shall be en�tled to recover reasonable atorneys’ fees and court costs.

13. No�ce. All no�ces permited or required under this Agreement shall be given to the respec�ve par�es at the following address, or at such other address as the respec�ve par�es may provide in wri�ng for this purpose:

Town of Colma: Town of Colma
City Manager’s Office
1198 El Camino Real
Colma, CA 94014
Attn: City Manager

Artist: NAME

STREET ADDRESS

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TOWN, STATE, ZIP
Attn: [NAME]

Such no�ce shall be deemed made when personally delivered or, when mailed, forty-eight (48) hours a�er deposit in the U.S. Mail, ﬁrst class postage prepaid and addressed to the Party at its applicable address. Actual no�ce shall be deemed adequate no�ce on the date actual no�ce occurred, regardless of the method of service.

14. Modiﬁca�on. This Agreement represents the complete understanding between the Par�es with respect to the maters set forth herein. No amendment or modiﬁca�on of this Agreement shall be valid unless evidenced in a wri�ng executed by both Par�es.

15. Waiver. No waiver of a breach of any term or condi�on of this Agreement shall cons�tute a waiver of any subsequent breach of such term or condi�on, nor shall it result in a varia�on of this Agreement.

16. Time is of the Essence. Time is of the essence in this Agreement.

17. Insurance. At least ten (10) days prior to the execu�on of the Mural, Ar�st shall provide Town a Cer�ﬁcate of Insurance providing personal injury and property damage liability insurance naming Town and its oﬃcers, employees, volunteers, and agents as addi�onal insured with a minimum coverage of $2 million combined single limit coverage with $4 million in excess liability. Insurance is to be placed with insurers with a current AM Best ra�ng of no less than A:VII. Said insurance shall not be canceled or altered without thirty (30) days’ writen no�ce to Town. Ar�st and its insurers shall be primarily responsible for any and all liability resul�ng or arising from this Agreement and Town and its insurers shall not be required to contribute. For insurance purposes, the area covered shall be deﬁned to include any and all areas of the Town occupied or aﬀected by the Mural.

18. Copyright and Intellectual Property Rights . Title to the physical Mural (i.e.: ownership of the physical Mural) shall pass to Town upon ﬁnal acceptance pursuant to Sec�on 2. In addi�on, all materials paid for and produced under this Agreement including, without limita�on , all studies, drawings, design, and models prepared and submited under this Agreement, shall become Town property upon writen ﬁnal acceptance under Sec�on 2. Ar�st bears the risk of damage to or loss of the Mural un�l Town’s ﬁnal acceptance under Sec�on 2 and shall take such measures as necessary to protect the Mural from damage un�l ﬁnal acceptance.

Ar�st shall retain all rights under the Copyright Act of 1976 for original works produced under this Agreement as provided for in Sec�on 5 except ownership and possession of the physical Mural as noted above, and as otherwise provided in this Agreement. Town and its assigns are not responsible for any third-party infringement of Ar�st’s copyright or for protec�ng the intellectual property rights of Ar�st. Any registra�on of a copyright, including costs, shall be the sole responsibility of Ar�st.

19. Ar�st Representa�on and Warran�es. Ar�st represents and warrants that:

a. Ar�st is the sole owner of the artwork that cons�tutes the Mural and any copyrights and has the full power to enter into and execute this Agreement;

b. The artwork placed on the Mural is unique and original and solely the result of the ar�s�c eﬀort of Ar�st, except as otherwise disclosed in wri�ng to Town, does not infringe upon any copyright or

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rights of any person and is free and clear of any liens or disputes related to property, intellectual or any other rights;
c. The artwork on the Mural, or a duplicate thereof, has not been previously accepted for sale elsewhere;

d. The artwork on the Mural is free from defec�ve, hazardous or inferior materials and workmanship or inherent vice or quali�es that cause or accelerate deteriora�on, except as otherwise disclosed in wri�ng to Town, and will not pose a danger to public health and safety;

e. Reasonable maintenance of the Mural will not require procedures in excess of those described in the maintenance and preserva�on recommenda�ons submited by Ar�st pursuant to this Agreement. The Mural will not experience irreparable damage nor fall below an acceptable standard of public display with reasonable maintenance as recommended by Ar�st and normal exposure to the elements;

f. The Ar�st guarantees the artwork on the Mural against all defects in its design, workmanship and materials for a period of three (3) years following ﬁnal acceptance. If any such defects occur within this �me period, the Ar�st agrees to promptly and sa�sfactorily repair, correct, or replace the defec�ve por�on of the artwork on the Mural at the Ar�st's own expense. Repairs to any defec�ve por�on of the artwork on the Mural shall begin within thirty (30) days of receiving no�ce of the need for repair. If necessary, the Ar�st may subs�tute others to perform the repair work upon the City Manager’s approval.

g. No person has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or con�ngent fee and that no member of Town has any interest, ﬁnancially or otherwise in Ar�st’s business.

20. Reten�on and Audit of Records. Ar�st shall retain records per�nent to this Agreement and make such records available upon request by Town and/or Auditor General of the State of California, or representa�ve of any of these oﬃces, for a period of ﬁve (5) years a�er ﬁnal payment.

21. Independent Contractor . The legal rela�onship between the Par�es hereto is that of an independent contractor, and nothing herein shall be deemed to make Ar�st or its oﬃcials, oﬃcers, employees, agents, ar�sts, volunteers, or contractors a Town employee. During the performance of this Agreement, Ar�st and its oﬃcers, employees, agents, ar�sts, volunteers, and contractors shall act in an independent capacity and shall not act as Town oﬃcers or employees. The personnel performing the services under this Agreement on behalf of Ar�st shall at all �mes be under Ar�st’s exclusive direc�on and control. Town shall have no voice in the selec�on, discharge, supervision, or control of Ar�st’s oﬃcers, employees, agents, ar�sts, volunteers, or contractors , or in ﬁxing their compensa�on, if applicable, or hours of service. Ar�st shall pay all wages, salaries , and other amounts due in connec�on with this Agreement and shall be responsible for all repor�ng obliga�ons respec�ng them.

22. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Mateo County.

23. Assignment or Transfer. Ar�st shall not assign, hypothecate, or transfer, either directly or by opera�on of law , this Agreement or any interest herein without the prior writen consent of T own. Any atempt to do so shall be null and void, and any assignees, hypothecates, or tr ansferees shall acquire no right or interest by reason of such atempted assignment, hypotheca�on or transfer.

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24. Equal Opportunity Employment. Ar�st represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, na�onal origin, handicap, ancestry, sex, or age. Such non-discrimina�on shall include, but not be limited to, all ac�vi�es related to ini�al employment, upgrading, demo�on, transfer, recruitment or recruitment adver�sing, layoﬀ or termina�on.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE TO THE

AGREEMENT FOR THE CREATION OF A MURAL ON TOWN PROPERTY BY AND BETWEEN THE TOWN OF COLMA AND [CONTRACTOR]
IN WITNESS WHEREOF , Town and Ar�st have caused this Agreement to be duly executed as of the date ﬁrst above writen.

ARTIST:
[NAME]
By:_________________________________
Name:______________________________
Its:_________________________________
By:_________________________________
Name:______________________________
Its:_________________________________

TOWN:

TOWN OF COLMA, a California municipal corpora�on
By:_________________________________
Name:______________________________
Its:_________________________________

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Exhibit A
Descrip�on and Depic�on of Mural Site

[Legal Descrip�on and Depic�on]

The Mural’s dimensions shall be 2,280 square feet. The lower wall is roughly 180 feet long, by 7 feet in height, and the upper wall is 170 feet long and 6 feet in height , dependent upon the ﬁnal concept and presenta�on by Ar�st, which shall be subject to writen approval by Town.

Google Map of F street Wall Loca�on

https://goo.gl/maps/cJfDuHbUNGUeh3bu7

Pictures of F Street Wall

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Exhibit B
Compensa�on Schedule

Ar�st shall execute the Artwork in accordance with the budget set forth herein. Payment shall be made in accordance with the following scheduled installments, each installment represen�ng full and ﬁnal payment for all services and materials provided prior to payment thereof. Ar�st shall submit a detailed invoice lis�ng the item or task, dates of service, purchase order number and any other relevant informa�on as requested by Town for all requests for payment.

Payment #1 – Contract Execution - Upon execution of this Agreement, Artist may invoice for an amount not to exceed twenty percent (20%)

$______________

Payment #2 – Design/Working Documents - Upon notification of approval by Town, Artist may invoice for an amount not to exceed ten percent (10%)

$______________

Payment #3 – Fabrication – Upon notification by Artist that Artwork is ready for delivery and installation and notification of approval by Town, Artist may invoice for an amount not to exceed twenty percent (20%)

$______________

Payment #4 – Installation & Final Acceptance – Upon successful installation of Artwork on the Mural and notification by Artist that all services have been completed, including submittal of maintenance and preservation instructions, and notification of final acceptance by Town pursuant to Section 2 of Agreement, Artist may invoice for an amount not to exceed fifty percent (50%)

$______________

Total obligation under this Agreement: $______________

Improperly completed invoices which have to be returned for correc�on may result in payment delay and shall not be subject to an interest penalty. Invoice payment requirements do not start un�l a properly completed invoice is provided to Town.

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Exhibit C
Public Artwork Release

This Public Artwork Release (“ Release”) is issued in connec�on with my original work of art (described below in the signat ure block), including without limita�on all images, signage, art, design, methods, labels, logos, special eﬀects, name(s), likenesses and/or any other material and crea�ve elements contained therein (“ Artwork”), which the Town of Colma, a California municipal corpora�on (“Town”), intends to include in a Mural on Town property pursuant to that certain Agreement for the Crea�on of a Mural on Town Property (“Agreement”).

For good and valuable considera�on, the receipt and suﬃciency of which is hereby aﬃrmed, I hereby grant to Town an irrevocable, perpetual, and nonexclusive worldwide license to reproduce, distribute, install, and/or publicly display two -dimensional reproduc�ons of my Artwork, in whole or in part, for non-commercial purposes in connec�on with the Agreement, including in any adver�sements, brochures, catalogues, online campaigns and social media, and any other marke�ng and publicity material and campaigns of the Town for purposes of promo�ng the Artwork, the Town, and San Mateo County at large, including for the purposes of atrac�ng visitors and business to the Town (collec�vely, the “ Use Rights”).

While I understand that I may not be accorded credit for the Artwork, I authorize Town, if it so chooses, to make reasonable and customary use of my name, likenes s, and biographical informa�on in connec�on with my Artwork and the foregoing Use Rights. I hereby waive all rights and beneﬁts of “droit moral” or “moral rights of authors” or any similar rights or principles of law which I may now or later have in and to the Artwork.

I represent and warrant to the Town that: (i) I have the right to grant the foregoing rights to use my Artwork without the necessity of making payments to or obtaining the consent of any third person or en�ty; (ii) the Artwork shall not defame, infringe upon, misappropriate , or violate, any intellectual property or other right of any person or en�ty; (iii) the Artwork is not the subject of any li�ga�on or claim that might give rise to li�ga�on; and (iv) the Artwork will in no way infringe upon or violate any copyright or intellectual property rights of any party. I agree to indemnify, defend, and hold harmless the Town, and any person claiming under the Town, including the Town’s respec�ve oﬃcers, directors and employees, and further including the Town’s elected and unelected oﬃcials, from and against any liabili�es, losses, claims, demands, costs (including without limita�on reasonable atorneys’ fees) , and expenses arising from or otherwise related to: (i) my wrongful or negligent acts, errors, and omissions; and (ii) my breach or alleged breach of the terms hereof, including any representa�on or warranty contained herein. Any remedies I may seek or have against the Town in connec�on with the Artwork and/or the Agreement shall be limited to the right to recover damages, if any, in an ac�on at law, and I hereby waive any right or remedy in equity, including without limita�on, the right to seek injunc�ve relief.

I further hereby waive any and all rights I may have with respect to the Artwork under the federal Visual Ar�sts Rights Act of 1990 (17 U.S.C. sec�ons 106A and 113(d)), the California Art Preserva�on Act (Cal. Civil Code sec�ons 987 et seq.), and any other local, state, federal, or interna�onal laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A or Cal. Civil Code § 987 et seq. The provisions of this paragraph shall apply to modify my rights of atribu�on and integrity as set out in the Visual Ar�sts Rights Act, 17 U.S.C §§ 106A and 113(d) (“VARA”), the California Art Preserva�on Act, Cal.

Civil Code §§ 987 and 989 (“CAPA”), and any rights arising under United States federal or state law or under the laws of another co untry that convey rights of the same nature as those conveyed under VARA and

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CAPA, as against the Town of Colma and its oﬃcers, oﬃcials, volunteers, employees, and agents. The Town has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the images of the Artwork.

I am ac�ng as independent contractor in connec�on with my Artwork, and nothing contained herein shall create or be construed as crea�ng a partnership, joint venture , or agency rela�onship. This Release shall be governed by the laws of the State of California, excluding its conﬂict of law rules. Any and all ac�ons arising out of the Release shall be li�gated in the applicable courts located in San Mateo County, California. The Town may assign its rights and obliga�ons hereunder as it deems appropriate.

By aﬃxing my signature below, I acknowledge and agree to the terms and condi�ons set forth herein:

[CONTRACTOR]

Signature(s): _____________________________

Print Name(s): ____________________________

Date: ___________________________________

Address: ________________________________

________________________________________

Phone: (__) ______________________________

Email: __________________________________

Title and Descrip�on of “Artwork”
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

Julie Engelmann
Mural Artist from Half Moon Bay
Mural Artist from Half Moon Bay
Julie Engelmann
Attachment C

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 1 of 10

STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works, CSG Consultants Gina Paolini, Senior Planner, CSG Consultants
VIA: Daniel Barros, City Manager
MEETING DATE: September 27, 2023
SUBJECT: Serramonte KIA – Amended Conditional Use Permit and Design Review

RECOMMENDATION
Staff recommends that the City Council adopt:

RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT AND GRANTING

AN EXCEPTION TO THE SPANISH MEDITERRANEAN DESIGN REVIEW OVERLAY TO

ALLOW FOR A NEW SERVICE CENTER TO AN EXISTING AUTO DEALERSHIP LOCATED AT 600 SERRAMONTE BOULEVARD - APN: 008-392-140, PURSUANT TO CEQA GUIDELINE SECTION 15332

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 would include a 10,112 square foot ground floor expansion that will include a new service building and northeasterly expansion of the existing showroom to include a building canopy for the service center. A 2,833 square foot second floor addition will be added for parts storage. The dealership and service center would be 19,550 square feet following the expansion. The use is appropriate for the commercial location and complies with the Town’s Zoning and General Plan policies.

FISCAL IMPACT
By approving this project, the Town will benefit in the form of increased vehicle and auto parts sales tax revenue.

Item #6

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 2 of 10

BACKGROUND
In November 1982, the City Council approved Resolution No. 610 granting a Conditional Use Permit for an auto sales office. In October 1996, the City Council approved Resolution No. 96- 62 granting an Amended Conditional Use Permit for a permanent building containing offices and a showroom for sales of new and used motor vehicles. City Council Resolution No. 96-62 Superseded Resolution No. 610. On September 28, 2022, the City Council adopted Resolution No. 2022-34, granting an Amended Conditional Use Permit and exception to the Design Review Overlay for an expansion of an auto dealership and new service center for the Kia dealership.

The existing dealership is a portion of a larger parcel owned by Greek Orthodox Memorial Park located to 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.

Since adoption of Resolution No. 2022-34, the applicant has redesigned the expansion of the project and has requested an amendment to the Conditional Use Permit and Design Review.

The service center has been relocated to minimize site disturbance at the rear of the property.

PROJECT DESCRIPTION
The project site is located at 600 Serramonte Boulevard. The General Plan land use designation is Commercial, and the zoning is Commercial (“C”) with a Design Review Spanish Mediterranean Overlay Zone (DR(S)). The project would include a single-story service garage with 14 service bays, an addition to the existing showroom, a service canopy, and the enclosure of the existing service canopy. Complete project details are provided as follows:

SITE PLAN

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 3 of 10

PROJECT DATA
Proposed Ground Floor Area (square feet)
(14) Service Bays 4,488 square feet
Parts Storage/Retail Sales/Tech Parts
(including enclosing existing canopy)
2,942 square feet
Bathrooms/Employee Areas 928 square feet
Utility Room 341 square feet
Proposed Ground Floor Total 8,699 square feet
Proposed Second Floor
Parts Storage 2,833 square feet
Proposed Second Floor Total 2,833 square feet
Proposed Canopy
Canopy 1,413 square feet

Existing Improvements Area (square feet)
Main sales building 5,630 square feet
Existing canopy 975 square feet

Lot Coverage Area (square feet)
Project Site 70,800 square feet
Existing Lot Coverage 5,630 square feet
Proposed New Lot Coverage 10,112 square feet
Total Lot Coverage 16,717 square feet (24 percent)

Auto Sales and Service Center Operations
Auto Sales will occur Monday to Saturday from 9:00 AM to 8:00 PM, and Sunday 10:00 AM to 7:00 PM. The proposed service center will operate Monday to Friday from 7:30 AM to 6:00 PM, 8:00 AM to 4:30 PM on Saturday, 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 25 employees working at any given shift in both the sales and service center.

Parking and Deliveries
The project is required to provide 71 parking spaces, to include three (3) ADA spaces. Parking provided onsite will include 58 parking spaces, which includes the required three (3) ADA spaces. The dealership owner has an Agreement with Daly City Serramonte Center, LLC to provide additional parking at 3 Serramonte Center on the Third, Fourth and Fifth level of the parking garage for overflow and employee parking (550 spaces). A shuttle will be provided for employees utilizing the parking structure. The Agreement is on file with the Town.

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.

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 4 of 10 Deliveries of vehicles occur at the Volkswagen and Subaru Dealership on Collins Avenue, as all three dealerships are owned and operated by the same owner. There are no vehicle deliveries at this site.

Building Design
The existing building consists of modern architectural design, and the proposed addition carries the same architectural design theme. The City Council found during the previous review of the project that requiring the proposed service center to comply with the Spanish Mediterranean architectural requirements would clash with the established architectural theme, and an exception was granted to allow the modern design architecture. The applicant plans to continue with the modern design as depicted in the sample rending:

Site Improvements and Landscaping amendments to the previous Design review:
• The Project will include 1,350 CY of soil excavation (cut) and 585 CY of fill for construction of the building and site improvements, thus requiring 765 CY of dirt to be off hauled. Truck trips are estimated to be between 35 and 40 to and from the site for this off-haul.
• The project will include a bio treatment and retention area for stormwater runoff. • The project will include the installation of a 4-foot pedestrian walk behind the existing driveway apron. The parking lot will be resurfaced and re-striped along with providing the required fire lanes per the Colma Fire Protection District. • The Greek Orthodox Memorial Park has requested an additional sound absorbing buffer between the cemetery/auto uses. An agreement has been reached between the Kia ownership and Greek Orthodox Memorial Park and has been attached to the project plans. Kia has agreed to plant 39, 15-gallon Texas privets between the two uses as a buffer. In addition to planting the buffer, Kia will maintain the new planting material. A complete landscape plan has been provided.

ANALYSIS
The applicant is requesting an amendment to the previously approved Conditional Use Permit and Design Review (Resolution No. 2022-34), as changes were necessary following the approval of the project. The existing auto dealership is a one-story, 5,630 square foot building.

The proposed project would include a 12,945 square foot addition to the existing dealership.

The addition would include a ground floor expansion and 14 service bays (8,699 square feet), a

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 5 of 10 second-floor addition for parts storage (2,833 square feet) and a new canopy for the service center (1,413 square feet).

Findings Relating to California Environmental Quality Act (CEQA) Pursuant to Section 15332 of the CEQA Guidelines (In-fill Development Projects), projects characterized as in-fill development are Categorically Exempt from further environmental review based upon the findings provided below:

Section 15332 Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The General Plan land use designation is Commercial, and the zoning is Commercial (“C”) with a Design Review Spanish Mediterranean Overlay Zone (DR(S)). Within the General Plan text, a list of appropriate retail and service uses are listed to serve the community, with auto-related uses listed as acceptable in the commercial land use category. The Town of Colma Commercial Zoning code encourages a wide range of commercial uses. The project has been designed consistent with the Town’s Zoning regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The applicant leases the project site from the Greek Orthodox Memorial Park. The project site boundaries were established in a lease agreement with the property owner and by the Town’s General Plan land use and Zoning district boundaries. The project site area has been identified as 70,800 square feet (1.6 acres), which is less than five acres. The project site is surrounded by urban uses, which includes Colma Town Hall, Kohl’s, and a cemetery. (c) The project site has no value as habitat for endangered, rare or threatened species.

The 2040 General Plan stated that the State and federally listed endangered San Francisco garter snake seeks the Red-legged frog as a food source, and there are no known populations of the snake in the town. The garter snake may have once been found along Colma Creek when

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 6 of 10 it was a natural creek, but the current culverted condition of the creek is not suitable habitat.

Because the project would not disturb the creek or the riparian habitat, there would be no impact on endangered, rare, or threatened species from the project. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The auto related use is consistent with the Colma 2040 General Plan vision for Serramonte Boulevard as an “Auto Row”. Because the 2040 General Plan had a vision for the Commercial Core that included the “Auto Row”, the 2040 FEIR (although at a program level) did consider the existing auto related uses. From the January 2020 Existing Conditions Report for the 2040 General Plan, 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 upon this information, the Town completed a Streetscape Master Plan for Serramonte Boulevard and Collins Avenue. The plan proposes a lane reduction for the section of Serramonte Boulevard from Serra Center Driveway to El Camino Real to allow for wider sidewalks, landscaping and two pedestrian crosswalks. Parking is not allowed on Serramonte Boulevard. Loading and unloading of car carriers or other vehicles on the street is prohibited. Because the Streetscape Master Plan and 2040 General Plan envisioned the “Auto Row” uses, which included the proposed site, there would be no impacts to traffic or circulation from the project.

The January 2020 Existing Conditions Report for the 2040 General Plan states that “Due to the character of Colma as a Town of cemeteries, the noise environment is generally a peaceful one.

A minor amount of noise is generated from residential and cemetery areas by equipment such as lawn motors, air conditions, construction equipment and power tools. Noise from light industrial and auto repair activity generally located on Mission Road and Collins Avenue, have limited impact on the overall noise environment. The primary contributor to the Colma noise environment is vehicular traffic on major thoroughfares.” The major thoroughfares include El Camino Real, Junipero Serra Boulevard and Serramonte Boulevard. The existing dealership is expanding to include auto repair that would be within an enclosed building. As stated in the January 2020 Existing Conditions Report, auto repair activity has limited impact on the overall noise environment. Further there are no sensitive receptors (residences, hospitals, schools, nursing homes etc.) near the project site.

The project will also be required to comply with
Colma Municipal Code Section 5.04.220 (Standard Hours of Construction) which applies to all construction in the City and will ensures that noise related impacts during construction are less than significant.

Colma’s air quality is generally good, due in large part to the marine influence which carries pollutants away from Colma. The largest source of air pollution in Colma is vehicular traffic. The 2040 General Plan stated that “As future development takes place in Colma, it is anticipated it will be similar in nature to what already exists. Industries that produce concentrated amounts of air pollution are not planned in town”. The project would be required to comply with all applicable the Bay Area Air Quality Management District requirements. Further there are no sensitive receptors (residences, hospitals, schools, nursing homes etc.) near the project site. As

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 7 of 10 well, the auto related use was planned for in the 2040 General Plan. Given the forgoing there would be no impact on air quality.

The Town complies with the Municipal Regional Stormwater Permit (MRP), issued by the San Francisco Regional Water Quality Control Board (RWQCB) for its stormwater pollution control measures. Local agencies in San Mateo County are required to reduce surface water drainage pollution runoff and establish control measures in development projects, which provide specific guidelines on design measures for runoff of pollutants of concern, source controls, stormwater treatment measures, hydromodification management, and construction site controls. To address flow-related impacts of stormwater runoff, the Town also enforces National Pollutant Discharge Elimination System (NPDES) permits that are issued to industrial and construction activities.

Colma has established preferred Best Management Practices (BMPs) for adoption into a Stormwater Management Plan. The project has prepared a Stormwater Management Plan that has been accepted by the Town’s Engineering Division. 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 to reduce the existing quantity of water entering the storm drain system. The project will comply with all RWQCB and NPDES requirements.

(e) The site can be adequately served by all required utilities and public services.

The project is an expansion of an existing building where there are public services located along Serramonte Boulevard.

CEQA Guidelines section 15300.2
None of the exceptions set forth in CEQA Guidelines section 15300.2 with regard to the use of categorical exemption from CEQA have application here.

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:

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 in the 2040 General Plan (pages LU 4, 25, and 26 ). The 2040 General Plan specifically states, “Land uses should be consistent with existing uses in the Commercial Core Planning Area with a variety of retail and service commercial uses in the shopping centers, primarily auto dealers on Serramonte Boulevard, and service commercial uses on Collins Avenue. Uses on Collins Avenue should be auto service-related businesses that do not attract a large amount of traffic and support the function of Auto Row.” Specifically, the parcel where this business currently operates is designated on the land use map for commercial use. Auto -related uses are acceptable in the commercial land use category and are encouraged as a preferred establishment over other commercial retail uses (LU-9-1).

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 8 of 10 The Colma Commercial Zoning code is specifically broad to encourage a wide range of commercial uses. Thus, the proposed use is also consistent with the Town’s Zoning provisions.

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.

The project site is identified in the 2040 General Plan as being located within the Commercial Core and a part of “Auto Row”. Existing businesses and uses along the Serramonte Boulevard corridor include auto dealerships, commercial /retail, cemetery, the Creekside Villas (along El Camino Real) and Town Hall. From the January 2020 Existing Conditions R eport for the 2040 General Plan, 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 upon this information, the Town completed a Streetscape Master Plan for Serramonte Boulevard and Collins Avenue. The plan proposes a lane reduction for the section of Serramonte Boulevard from Serra Center Driveway to El Camino Real to allow for wider sidewalks, landscaping and two pedestrian crosswalks. Parking is not allowed on Serramonte Boulevard. Loading and unloading of car carriers or other vehicles on the street is prohibited.

During project construction, the Town will require implementation of BMPs for dust control and storm pollution prevention. The project will be required to comply with Colma Municipal Code Section 5.04.220 (Standard Hours of Construction) for noise related impacts during construction.

This project will not create a significant impact on the surrounding area.

Existing property uses, large or small, will not be detrimentally affected by the proposed Use Permit.

The January 2020 Existing Conditions Report for the 2040 General Plan states that “Due to the character of Colma as a Town of cemeteries, the noise environment is generally a peaceful one.

The existing dealership is expanding to include auto repair that would be within and enclosed building. As stated in the January 2020 Existing Conditions Report, auto repair activity has limited impact on the overall noise environment; therefore, existing properties would not be impacted by the proposed use.

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 9 of 10 The Amended Conditional Use Permit will not constitute the grant of a special privilege, as the auto related use is consistent with the Commercial zoning district and the General Plan land use designation. Auto-related use are preferred establishments over other commercial retail uses along “Auto Row”. The proposed auto 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 consistent with other uses in the same zone district.

The City Council is satisfied that the proposed structure or building conforms to the purpose and intent of the General Plan and Zoning Ordinance.

The project site is identified in the 2040 General Plan as being located within the Commercial Core and a part of “Auto Row”. Auto -related uses are acceptable in the commercial land use category and are encouraged as a preferred establishment over other commercial retail uses (LU- 9-1). The proposed project is located on a site zoned for commercial use and complies with all applicable regulations of the Zoning Ordinance. In addition, the proposed use is allowed in the C zone district, with the approval of a Conditional Use Permit. The site is located within the Town’s "Auto Row” and compliments nearby existing land uses. Therefore, the proposed project conforms to the purpose and intent of the General Plan and Zoning Ordinance.

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

Neighboring properties include additional automotive dealerships, retail uses, public, and residential community. The proposed project meets all the standards identified in the Zoning Ordinance. During project construction, the Town will require implementation of Best Management Practices (BMPs) for dust control and storm pollution prevention. The project will be required to comply with Colma Municipal Code Section 5.04.220 (Standard Hours of Construction). This project will not create a significant impact on the surrounding area.

Findings Related to Amended Design Review
The project site is in the DR(S) Spanish Mediterranean Overlay Zone. Development in the portion of the DR zone which are designated with an “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style. However, pursuant to Colma Municipal Code Section 5.03.300 (a)(1), an exception can be granted:
“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, there would be a clash with the

Staff Report re Amended Condition Use Permit and Design Review 600 Serramonte Blvd, Page 10 of 10 established architectural theme . Therefore, it is recommended that the City Council grant an exception to allow for modern design architecture.

In addition to the new buildings, the project will include a new trash enclosure and landscape improvements.

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 it will be consistent with adopted development policies and regulations, and compatible within its setting.

SUSTAINABILITY IMPACT
The project will provide sustainability improvements 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 to reduce the existing quantity of water entering the storm drain system.

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

1. 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 Design Review subject to the findings and recommended conditions of approval.

ATTACHMENTS
A. Resolution 2023-____, Approving an Amended Conditional Use Permit and Design Review and granting an exception to the Spanish Mediterranean Design Review Overlay to allow for an Auto Dealership Expansion by adding a new Service Center to the existing Auto Dealership 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. Project Operations Memo
Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 1 of 19 RESOLUTION NO. 2023-__

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 BY ADDING A NEW SERVICE CENTER TO AN EXISTING AUTO DEALERSHIP LOCATED AT 600 SERRAMONTE BOULEVARD - APN: 008-392-140, PURSUANT TO CEQA GUIDELINE 15332
Property Owner: Greek Orthodox Memorial Park
Lessee: Mathew Zaheri
Location: 600 Serramonte Boulevard
Assessor’s Parcel Number: 008-392-140
The C
ity 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 15332 of the California Environmental Quality Act (CEQA) Guidelines, Class 32 Projects Categorized as in-fill development are Categorically Exempt from CEQA review. (c) A notice of public hearing was mailed to all property owners within 300 feet of the subject property on September 14, 2023. In addition, a notice of public hearing was posted on the three Town of Colma bulletin boards, on September 14 , 2023. (d) The City Council has considered the Amended Conditional Use Permit and Design Review, the accompanying staff report, and all relevant evidence presented at the September 27 , 2023, 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 California Environmental Quality Act (CEQA) Review Pursuant to Section 15332 of the CEQA Guidelines (In-fill Development Projects), projects characterized as in-fill development are Categorically Exempt from further environmental review based upon the findings provided below:

Section 15332 Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section.

Attachment A
Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 2 of 19 (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The General Plan land use designation is Commercial, and the zoning is Commercial (“C”) with a Design Review Spanish Mediterranean Overlay Zone (DR(S)). Within the General Plan tex t, a list of appropriate retail and service uses are listed to serve the community, with auto-related uses listed as acceptable in the commercial land use category. The Town of Colma Commercial Zoning code encourages a wide range of commercial uses. The project has been designed consistent with the Town’s Zoning regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The project site is located near Colma Creek. The 2040 General Plan EIR states that “Colma Creek flows from the San Bruno Mountains through Colma to the San Francisco Bay. While portions of the creek provide habitat and could support protected species, the portions of the creek that flow through Colma flows mostly underground. While portions of the creek daylight in town, it is concrete-lined and does not provide habitat.” The 2040 General Plan states “that riparian vegetation, largely willow and alder, is limited to the banks along open sections of Colma Creek.” There is a small open section west of City Hall (adjacent to the subject site). The project would not alter or disturb the creek area, based upon the evaluation of the civil improvement plans prepared for the project. The site does have an existing chain link fence that prevents access to the creek and the project proposes silt fencing as part of the BMPs required by the RWQCB and NPDES requirements during the construction phase of the project. The 2040 General Plan stated that the State and federally listed endangered San Francisco garter snake seeks the Red-legged frog as a food source, and there are no known populations of the snake in the town. The garter snake may have once been found along Colma Creek when it was a natural creek, but the current culverted condition of the creek is not suitable habitat. Because the project would not disturb the creek or the riparian habitat, there would be no impact on endangered, rare, or threatened species from the project. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The auto related use is consistent with the Colma 2040 General Plan vision for Serramonte Boulevard as an “Auto Row”. Because the 2040 General Plan had a vision for the Commercial Core that included the “Auto Row”, the 2040 FEIR (although at a program level) did consider the existing auto related uses. From the January 2020 Existing Conditions Report for the 2040 General Plan, Serramonte Boulevard and Collins Avenue were found to have excess vehicular Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 3 of 19 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 upon this information, the Town completed a Streetscape Master Plan for Serramonte Boulevard and Collins Avenue. The plan proposes a lane reduction for the section of Serramonte Boulevard from Serra Center Driveway to El Camino Real to allow for wider sidewalks, landscaping and two pedestrian crosswalks. Parking is not allowed on Serramonte Boulevard. Loading and unloading of car carriers or other vehicles on the street is prohibited. Because the Streetscape Master Plan and 2040 General Plan envisioned the “Auto Row” uses, which included the proposed site, there would be no impacts to traffic or circulation from the project.

The January 2020 Existing Conditions Report for the 2040 General Plan states that “Due to the character of Colma as a Town of cemeteries, the noise environment is generally a peaceful one.

The project will also be required to comply with Colma
Municipal Code Section 5.04.220 (Standard Hours of Construction) which applies to all construction in the City and will ensures that noise related impacts during construction are less than significant.

Colma has established preferred Best Management Practices (BMPs) for adoption into a Stormwater Management Plan. The project has prepared a Stormwater Management Plan that has been accepted by the Town’s Engineering Division. The stormwater management strategy for Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 4 of 19 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 to reduce the existing quantity of water entering the storm drain system. The project will comply with all RWQCB and NPDES requirements.

(e) The site can be adequately served by all required utilities and public service s.

The project is an expansion of an existing building where there are public services located along Serramonte Boulevard.

CEQA Guidelines section 15300.2
None of the exceptions set forth in CEQA Guidelines section 15300.2 with regard to the use of categorical exemption from CEQA have application here.

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 in the 2040 General Plan (pages LU 4, 25, and 26). The 2040 General Plan specifically states, “Land uses should be consistent with existing uses in the Commercial Core Planning Area with a variety of retail and service commercial uses in the shopping centers, primarily auto dealers on Serramonte Boulevard, and service commercial uses on Collins Avenue. Uses on Collins Avenue should be auto service-related businesses that do not attract a large amount of traffic and support the function of Auto Row.” Specifically, the parcel where this business currently operates is designated on the land use map for commercial use. Auto -related uses are acceptable in the commercial land use category and are encouraged as a preferred establishment over other commercial retail uses (LU-9-1).

The Colma Commercial Zoning code is specifically broad to encourage a wide range of commercial uses. Thus, the proposed use is also consistent with the Town’s Zoning provisions.

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.

The project site is identified in the 2040 General Plan as being located within the Commercial Core and a part of “Auto Row”. Existing businesses and uses along the Serramonte Boulevard corridor include auto dealerships, commercial/retail, cemetery, the Creekside Villas (along El Camino Real) and Town Hall. From the January 2020 Existing Conditions Report for the 2040 General Plan, 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 upon this Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 5 of 19 information, the Town completed a Streetscape Master Plan for Serramonte Boulevard and Collins Avenue. The plan proposes a lane reduction for the section of Serramonte Boulevard from Serra Center Driveway to El Camino Real to allow for wider sidewalks, landscaping and two pedestrian crosswalks. Parking is not allowed on Serramonte Boulevard. Loading and unloading of car carriers or other vehicles on the street is prohibited.

This project will not create a significant impact on the surrounding area.

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, Creekside Villas (along El Camino Real) and Town Hall. All auto- related service activity will be contained within a fully enclosed building, except for auto sales and auto inventory. The January 2020 Existing Conditions Report for the 2040 General Plan states that “Due to the character of Colma as a Town of cemeteries, the noise environment is generally a peaceful one. A minor amount of noise is generated from residential and cemetery areas by equipment such as lawn motors, air conditions, construction equipment and power tools. Noise from light industrial and auto repair activity generally located on Mission Road and Collins Avenue, have limited impact on the overall noise environment. The primary contributor to the Colma noise environment is vehicular traffic on major thoroughfares.” The major thoroughfares include El Camino Real, Junipero Serra Boulevard and Serramonte Boulevard.

The granting of the Use Permit will not constitute a grant of special privilege 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, as the auto related use is consistent with the Commercial zoning district and the General Plan land use designation. Auto-related use are preferred establishments over other commercial retail uses along “Auto Row”. The proposed auto 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 consistent with other uses in the same zone district.

The City Council is satisfied that the proposed structure or building conforms to the purpose and intent of the General Plan and Zoning Ordinance.

The project site is identified in the 2040 General Plan as being located within the Commercial Core and a part of “Auto Row”. Auto-related uses are acceptable in the commercial land use category and are encouraged as a preferred establishment over other commercial retail uses Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 6 of 19 (LU-9-1). The proposed project is located on a site zoned for commercial use and complies with all applicable regulations of the Zoning Ordinance. In addition, the proposed use is allowed in the C zone district, with the approval of a Conditional Use Permit. The site is located within the Town’s "Auto Row” and compliments nearby existing land uses. Therefore, the proposed project conforms to the purpose and intent of the General Plan and Zoning Ordinance.

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

Neighboring properties include additional automotive dealerships, retail uses, public, and residential community. The proposed project meets all the standards identified in the Zoning Ordinance. During project construction, the Town will require implementation of Best Management Practices (BMPs) for dust control and storm pollution prevention. The project will be required to comply with Colma Municipal Code Section 5.0 4.220 (Standard Hours of Construction). This project will not create a significant impact on the surrounding area.

Findings Related to Amended Design Review
The project site is in the DR(S) Spanish Mediterranean Overlay Zone. Development in the portion of the DR zone which are designated with an “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style. However, pursuant to Colma Municipal Code Section 5.03.300 (a)(1), an exception can be granted:
“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, i f 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, there would be a clash with the established architectural theme. Therefore, it is recommended that the City Council grant an exception to allow for modern design architecture.

In addition to the new buildings, the project will include a new trash e nclosure and landscape improvements.

3. ORDER-CONDITIONS OF APPROVAL

The City Council approves the Amended Conditional Use Permit and Design Review for a 19,550 square foot Automotive Dealership and Service Center located at 600 Serramonte Boulevard within the Town of Colma. The site improvements shall include:
o Ground Floor Expansion/14 Service Bays: 8,699 square feet o Second Floor Parts Storage: 2,833 square feet o New Service Center Canopy: 1,413 square feet
o Existing Sales Building: 5,630 square feet
Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 7 of 19 o Existing Canopy: 975 square feet

The project is 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 of Amended Conditional Use Permit

1. Approval. The Conditional Use Permit is approved solely for the operation of an Auto Dealership and Service Center as described in the applicant’s proposed statement of operations on file with the Planning Department and as explained in the staff report date September 27, 2023. Any expansion, intensification, or changes to the uses approved under this Conditional Use Permit shall be permitted only upon amendment of this Conditional Use Permit or approval of a separate Conditional Use Permit.

2. Time Limits: The Conditional Use Permit approval granted pursuant to this Resolution shall remain in effect for one year from approval date. 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 a one (1) year extension of the Use Permit to the Planning Department pursuant to Section 5.03.422 (b) of Colma Municipal Code.

3. All Uses Within a Building. The Permittee shall conduct all service-related activity within a fully enclosed building, with the exception of automobile inventory and sales. The service canopy can also be included in service-related activity.

4. Nuisances. The Permittee shall not allow any nuisance to be maintained at the premises.

5. Minor Changes . Minor changes to the approved use of the site may be approved administratively by the City Planner or designee.

6. Parking. Parking shall be designated for new and used inventory, customer parking, and customer vehicle parking for the service center. No off-site parking shall be allowed for customers.

Employees shall park off-site, with shuttle provided by the dealership. The Agreement with Daly City Serramonte Center, LLC to provide additional park ing at 3 Serramonte Center for overflow and employee parking shall remain valid unless an amendment to the Conditional Use Permit is requested or all parking is provided onsite.

7. 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.

8. Noise. If the Town receives verified noise complaints 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.

9. 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.

10. Outdoor Material Storage. Outdoor material storage should be within enclosed and contained Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 8 of 19 areas to prevent any non-stormwater discharges into the storm drainage system and waterways.

11. Outdoor Use . All activities for the business shall be conducted within the building. Car washing and detailing is not an allowed activity under this permit.

Conditions of Amended Design Review Approval

12. Approved Plans. This approval is for the project presented in the approved Project Plans submitted to the Planning Department on August 10, 2023, prepared by JTG Architecture and on file in the office of the City Planner. All plans submitted for required permits and subsequent development and construction shall be in substantial compliance with these documents, subject to the changes and conditions set out herein.

13. Standard Parking Spaces. Standard parking spaces in the customer and employee parking lot shall be no smaller than 9 feet wide and 18 feet long and compact spaces shall be no longer 8 feet by 16 feet . 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 feet wide.

Spaces and aisles are permitted to be narrower in the inventory area.

14. 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.

15. 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.

16. 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.

17. 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 included in the plans requires review and approval with an additional sign permit. Now hiring and now open banners are permitted for display only for 90 days after opening.

18. Minor Changes. Minor changes to the approved project plans may be approved administratively by the City Planner or designee. Major changes to the approved plans shall be reviewed by the City Planner or designee to determine whether such changes require submittal and approval of a revision of the project approvals, or whether the changes require new or additional permits.

19. Permits. The Permittee shall obtain all necessary permits, including but not limited to Building Permits, demolition and permits for signage prior to construction.

20. Plans and Documents. All plans and documents shall be stamped and signed by all design professionals.

21. California Building Code. All work shall comply with the 2022 California Building Code edition.

22. ADA. ADA improvements are required and shall comply with 2022 California Building Code Chapter 11-B.

Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 9 of 19

23. School Impact Fees. The permittee shall pay school impact fees pursuant to Government Code Section 53080 to the Jeffers on Union High School District and provide School District Certification to the Building Department prior to issuance of a building permit.

Grading, Drainage and Storm Water Pollution Prevention

24. Grading and Encroachment Permit . The permittee shall apply for and obtain Grading and Encroachment Permits, and comply with all conditions therein, prior to starting any work.

25. Sewer Connection-Capacity Fee. Prior to Issuance of Town Permit(s), the property owner shall pay the sewer connection-capacity fee (as determined by the sanitary sewer district - City of South San Francisco) for change in use at the subject parcel.

26. Upgrades. A sidewalk access easement shall be dedicated to the Town of Colma if a sidewalk wrap-around is provided to achieve ADA compliance at the driveway conform (frontage sidewalk along Serramonte Boulevard). Legal description and plat shall be provided to the Town for review and approval.

27. 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 Civil Grading, drainage, utility, and Improvement Plans prepared by Clifford Bechtel and Associated, LLC., Rev 2, dated August 2, 2023, the permittee shall submit a storm water management- treatment plan showing site design, source control, storm water treatment, low impact development (LID), and construction best management practices (BMP) for compl iance 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 project 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 impervious area; treatment measures and hydraulic sizing calculations; a listing of source controls and site design measures to be implemented at the site; and supporting calculations.
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.

Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 10 of 19 iv. Air Conditioning Condensate. Condensate from air conditionin g 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.

28. 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 replaced 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.

29. 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

30. 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.

31. 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 th e issuance of any construction- related permits, the permittee shall submit to the City Engineer a copy of the SWPPP and the WDID number.

32. Drain Inlets. On-site storm drain inlets shall be marked with the words “No Dumping! Flows to Bay” or equivalent.

33. 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 construction.

34. 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.

Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 11 of 19

35. Hazardous Materials. Prior to commencing any work 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 certification 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 pose 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.

36. 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 recommendations 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 Engineer.

37. Water Efficient Landscape Regulations. The project shall comply with the Town of Colma Ordinance on Water Efficient Landscape Regulations, subchapter 5.11 of the Colma Municipal Code.

The permittee shall install and maintain landscaping and irrigation in accordance with a Landscape and Irrigation Plan approved by the City Planner or designee prior to the issuance of building permits. The Plan shall include the following:
i. Irrigation System. An automatic irrigation system shall be installed and maintained. The Irrigation component of the Plan shall detail the whole irrigation system and shall include information such as: the location of water source, point - of-connection, emergency shut-off valve(s), backflow device(s), pipelines, quick coupler valves, sprinkler heads, drip emitters, irrigation controller(s), electrical power source, moisture sensor, system drain valves, and turf, shrub and drip valve(s).

ii. Design Landscape to Minimize Irrigation. Landscaping shall be designed to minimize irrigation. Drought-tolerant plants shall be utilized to the extent feasible.
iii. Design Landscape to Collect Runoff and Minimize Storm Water Pollution . Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 12 of 19 and prolonged exposure to water shall be specified. The use of fertilizers and pesticides that can contribute to storm water pollution shall be minimized.

iv. Integrated Pest Management. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design to the maximum extent practicable. Examples of IPM principles and techniques include:

• Select plants that are well adapted to soil conditions at the site. • Select plants that are well adapted to sun and shade conditions at the s ite.

In making these selections, consider future conditions when plants reach maturity, as well as seasonal changes.
• Install and maintain irrigation appropriate to the water requirements of the selected plants.
• Select pest-resistant and disease-resistant plants.
• Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
• Use “insectary” plants in the landscaping to attract and keep beneficial insects.

v. Installation Timeframe. Installation of landscape and irrigation shall be completed prior to the final building permit inspection.

38. Draft O&M Agreement. The Permittee shall submit a draft Operations and Maintenance (O&M) Agreement with the building permit submittal. The maintenance agreement package should include the following:
i. The agreement, using the latest template provided for the Town of Colma in Word format. Modifications should not be made to the agreement language or format without approval by the Town.

ii. Exhibit A – A legal description of the property, matching the legal description from the property’s title report.

iii. Exhibit B – A reduced (8.5x11 size) copy of the stormwater treatment plans and details.

iv. Exhibit C – (1) A Stormwater Treatment Measure O&M Report Form”, prepared using the template provided in Appendix G of the SMCWPPP C.3 Regulated Projects Guide, latest edition; and, (2) A maintenance plan for onsite stormwater treatment measures prepared using the template provided in Appendix G of the SMCWPPP C.3 Regulated Projects Guide, latest edition.

Construction Activities

39. 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.

Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 13 of 19

40. Underground Service Alert. Prior to commencing construction, the applicant will request an Underground Service Alert (USA) of the construction site.

41. San Francisco Public Utilities Commission (SFPUC). The applicant shall submit a shoring plan for the retaining wall construction to the SFPUC for review .

42. 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 as 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.

43. 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.

44. 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 construction and a phone number of the permittee to call for noise complaints.

45. 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.

46. 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.

47. 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

48. 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 construction. 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 submitted to the City Engineer prior to issuance of a grading or building permit. This survey shall be submitted to the City Engineer for Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 14 of 19 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 the foregoing, all damage that is a threat to public health or safety, as determined by the Public Works Director, shall be repaired immediately.

49. 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.

50. 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 public rights-of-way, or properties of adjacent or nearby neighbors.

51. Reduce Particulate Emissions. To reduce particulate matter emissions 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.);
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;
x. Replant vegetation in disturbed areas as quickly as possible ; and, xi. Reduce Air Pollutants Related to Vehicle Operation.

52. Reduce Air Pollutants Related to Vehicle Operation. The Permittee shall ensure that the contractors shall implement measures to reduce the emissions of pollutants generated by heavy- duty diesel-powered equipment operating at the Project Site during project demolition, excavation, Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 15 of 19 and construction phases. The permittee shall include in constructio n contracts the following requirements or measures shown to be equally effective:
i. Keep all construction equipment in proper tune in accordance with manufacturer’s specifications;
ii. 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; iii. 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;
iv. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the Project Site to 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);
v. 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; vi. Limit truck and equipment idling time to five minutes or less; and, vii. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible.

53. 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 shall be maximized. Such practices include, but are not limited to, the following measures:
viii. Use heavy -duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; ix. Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors;
x. Locate stationary equipment on portions of the project site distant from nearby residential areas to minimize noise impacts on the community; xi. Minimize backing movements of equipment; and,
xii. Select and use the quieter from among available construction equipment whenever possible.

54. Staking of Property Boundaries and Building Corners. Prior to commencing any work on the project, the permittee shall have the property boundaries staked by a California -licensed land Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 16 of 19 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.

55. Temporary Power Poles. Applicant shall use temporary power poles instead of generators where feasible.

56. 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 activities. 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.

57. Rerouting of Irrigation Laterals. If applicable, existing irrigation lateral lines servicing existing Town landscaping shall be rerouted to the satisfaction of the Public Works Department prior to construction of new driveways if the driveways conflict with the existing lines.

58. 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

59. 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
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 Marshal, Bill Pardini at [email protected] or (650)740-2073. A separate review fee is required as part of the building permit plan check process. These comments include:

60. Emergency Lighting: Testing of the exit and emergency lighting fixtures must be completed prior to prior final building inspection.

61. Fire Alarm: Complete plans for the fire alarm system must be submitted .

62. Fire Sprinkler: Submit plans for fire sprinkler system.

Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 17 of 19

63. Knox Box: The existing Knox Box located in the main building should be relocated to the new building.

64. Fire Access: No vehicles shall block any required fire lane or driveways for access.

65. Fire Riser Room: A Fire Riser room is required.

66. Fire Hydrant: A Fire hydrant is required on site.

67. Fire Underground: Submit plans for changes to the existing fire underground system.

68. Fire Department Connection: The existing Fire Department Connection will require relocation designated by the Fire Marshal.

GENERAL CONDITIONS

69. Prior Approvals. The granting of this Amended Conditional Use Permit and Design Review approval shall supersede the approvals authorized by City Council Resolution No. 2022-34.

70. 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 shall 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 limited 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 defense 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 stages of any litigation challenging the Project, including any and all appeals of any lower court judgments rendered in the proceeding.

60. Permit Agreement. The Permittee must agree to comply with every term and condition herein by countersigning a copy of this approval.
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Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 18 of 19 Certification of Adoption
I certify that the foregoing Resolution No. 2023-## was duly adopted at a regular meeting of said City Council held on September 27, 2023, by the following vote:

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

Dated ______________________ ___________________________________ Joanne F. del Rosario, Mayor

Attest:______________________________
Caitlin Corley, City Clerk

Res. 2023-__, 600 Serramonte Boulevard – Amended CUP and Design Review Page 19 of 19

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 constitute 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, dedications, 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

Attachment B

Elevation
Elevation
Station
Station
120.00
130.00
140.00
150.00
160.00
120.00
130.00
140.00
150.00
160.00
0+00.000+85.05
0+00.000+25.000+50.000+75.00 0+85.05

SECTION A-A
Elevation
Elevation
Station
120.00
130.00
140.00
150.00
160.00
120.00
130.00
140.00
150.00
160.00
0+00.001+00.001+14.22
0+00.000+25.000+50.000+75.001+00.001+14.22

SECTION B-B
Elevation
Elevation
Station
Station
120.00
130.00
140.00
150.00
120.00
130.00
140.00
150.00
0+00.001+00.00 1+10.41
0+00.000+25.000+50.000+75.001+00.00 1+10.41

SECTION C-C
Elevation
Elevation
Station
Station
120.00
130.00
140.00
120.00
130.00
140.00
0+00.000+79.81
0+00.000+25.000+50.000+75.00 0+79.81

SECTION D-D
CAUTION: IF THIS SHEET IS NOT 24"x36" IT IS A REDUCED PRINT

COLMA/CALIFORNIA
630 SERRAMONTE BLVD.

CROSS SECTIONS
C2.1
GKMENGINEERING.comLos Gatos, CA. 95032

CIVIL ENGINEERING SURVEYING LAND PLANNING
16185 Los Gatos Blvd. Suite#205 (408) 656 5917

KIA SERRAMONTE

KIA Serramonte
600 Serramonte Blvd
Colma, CA 94014
Management Plan
Overview
KIA is a car dealership which sells cars along with having a 14 bay service garage.

Hours of Operation
Sales Hours
Monday – Saturday 9am to 8 pm
Sunday – 10 am to 7 pm
Service Hours
Monday – Friday 7:30 am to 6 pm
Saturday – 8 am to 4:30 pm
Number of Employees
The total number of employees for both the sales and service department shall be 25 employees. These employees will be working different shifts so the total number of employees working at the same time will be less.

Parking
The site has a total of 58 parking stalls used for visitors, employees and servicing. The required number of parking stalls is 71 so KIA has an agreement with Daly City Serramonte Center, LLC to provided additional parking for employees and the holding of cars for sale. The owner has an additional 550 parking spaces at 3 Serramonte Center. Shuttles will be provided as needed for employees.

Vehicle Delivery
All vehicle deliveries will occur behind the existing Volkswagen & Subaru Dealerships on Collins Avenue. All three dealerships are owned and operated by the same owner.

Attachment C

Colma City CouncilSeptember 27, 2023

Colma City Council
September 27, 2023