Agenda packet — Colma City Council, August 28, 2024

Regular Meeting Agenda 08.28.2024 Page 1 of 3
AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, August 28, 2024
Closed Session – 5:30 PM
Regular Session – 7:00 PM
The City Council meeting will be held in person in the City Council Chambers. The Town will only accept public comments from the public attending in person and will not accept public comments via Zoom.

As a courtesy and technology permitting, the meeting can also be viewed /heard via Zoom Video Conference, but no public comment will be allowed or accepted by the Town via Zoom. The Town cannot guarantee that the public’s access to Zoom will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue, even if the public is unable to view/hear or otherwise access the meeting via Zoom.

To attend the meeting in person:

Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To view/hear the meeting via Zoom Video Conference:

J
oin Zoom Meeting:
https://us02web.zoom.us/j/85610028212
Me
eting ID: 856 1002 8212
Di
al by your location:
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To provide Public Comment:

Members of the public wishing to provide public comment are required to attend the meeting in person and are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less. If there appears to be a large number of speakers, time may be reduced to no less than one minute each, at the discretion of the Mayor.

T
he City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at C olma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].

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

Regular Meeting Agenda 08.28.2024 Page 2 of 3
CLOSED SESSION – 5:30 PM

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

Agency Negotiator: Dan Barros, City Manager
Employee Organizations: Colma Peace Officers Association and Colma Communications/Records Association
Unrepresented Employees: All (Except City Manager)

2. In Closed Session pursuant to Government Code § 54957, PUBLIC EMPLOYEE

PERFOMANCE EVALUATION
Title: City Manager

PLEDGE OF ALLEGIANCE AND ROLL CALL

ADOPTION OF AGENDA

PRESENTATIONS
• Citizen Recognition – Colma Historical Association

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

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

CONSENT CALENDAR

1. Motion to Approve the Minutes from the July 24, 2024 Special Meeting

2. Motion to Approve the Minutes from the July 24, 2024 Regular Meeting

3. Motion to Approve Report of Checks Paid for July 2024

4. Motion to Adopt Resolution Supporting the Design of Hillside Boulevard Improvement Project (Phase II) and Submitting an Application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding Pursuant to CEQA Guideline 15306

PUBLIC HEARING

5. Ordinance Amending Subchapter 4.10 Regulating Tobacco Retailers Consider: Motion to Adopt an Ordinance Amending Subchapter 4.10 of the Colma Municipal Code Relating to Tobacco Retail Permits and Adopting by Reference Chapter 4.98 of Title 4 of the San Mateo County Ordinance Code to Consolidate and Clarify Existing Definitions and Enact Additional Requirements for Tobacco Retailer Permits Pursuant to CEQA Guideline 15378 and 15061(B)(3)

6. Ordinance Amending Subchapter 4.07 Related to Regulating Signs Consider: Motion to Introduce an Ordinance Amending Subchapter 4.07 of the Colma Municipal Code Relating to Sign Regulations Pursuant to CEQA Guideline 15378 and Waive Further Reading

Regular Meeting Agenda 08.28.2024 Page 3 of 3

NEW BUSINESS

7. League of California Cities Conference Voting Delegate Consider: Motion to Appoint a Voting Delegate and Up To Two Alternates to Attend the League of California Cities 2024 Annual Conference

REPORTS
Mayor/City Council
City Manager

ADJOURNMENT

ITEM #1
Minutes – Special Meeting 07.24.24 Page 1 of 1

MINUTES

SPECIAL MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Wednesday, July 24, 2024
Closed Session – 6:00 PM

ROLL CALL
Mayor Goodwin called the Closed Session meeting to order at 6:00 p.m.

PUBLIC COMMENTS
There were no Public Comments.

REPORT OUT OF CLOSED SESSION
Mayor Goodwin stated there was no reportable action from Closed Session.

ADJOURNMENT
Mayor Goodwin adjourned the meeting at 6:39 p.m.

Respectfully submitted,
Michelle Estabillo, MMC
City Clerk

I
- -
- -
• JI.• 4 II
ITEM #2
Minutes – Regular Meeting 07.24.24 Page 1 of 4

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also viewable via Zoom.us
Wednesday, July 24, 2024
Regular Session – 7:00 PM

PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Goodwin called the meeting to order at 7:00 p.m.

Council Present – Mayor John Irish Goodwin, Vice Mayor Ken Gonzalez, and Council Members Carrie Slaughter, Helen Fisicaro, and Joanne F. del Rosario Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Chief of Police John Munsey, Director of Planning and Public Works Brad Donohue, City Planner Farhad Mortazavi, Administrative Services Director Renee Eshun, City Clerk Michelle Estabillo, and Administrative Technician Abigail Dometita

Council recited the Pledge of Allegiance.

ADOPTION OF THE AGENDA
Action: A motion was made by Council Member Fisicaro, seconded by Council Member Slaughter, to adopt the agenda. The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor ✓
Ken Gonzalez, Vice Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
5 0

PRESENTATION
▪ Mayor Goodwin recognized July as Park and Recreation Month.

▪ Mayor Goodwin recognized the Daly City Colma Chamber of Commerce.

▪ City Manager Dan Barros introduced Administrative Services Director Renee Eshun.

ITEM #2
Minutes – Regular Meeting 07.24.24 Page 2 of 4

• Recreation Manager Angelika Abellana introduced new Recreation staff members:

Maureen O’Connor presented the recipients of the Colma Citizens Scholarship Fund:
• Omar Rodriguez
• Liam O’Connor
• Veronica Leon
• Eva Tamayo
• Benjamin Flores Jang
• Ben Kunifn

PUBLIC COMMENTS

There were no Public Comments.

CONSENT CALENDAR
Council Member Fisicaro pulled Agenda Item #5 for discussion.

1. Motion to Approve the Minutes from the July 10, 2024 Regular Meeting

2. Motion to Approve Report of Checks Paid for June 2024

3. Motion to Accept the Park and Recreation Quarterly Report

4. Motion to Introduce an Ordinance Relating to Tobacco Retail Permits and Adopting by Reference Chapter 4.98 of Title 4 of the San Mateo County Ordinance Code to Consolidate and Clarify Existing Definitions and Enact Additional Requirements for Tobacco Retailer Permits Pursuant to CEQA Guideline 15378 and 15061(B)(3) and Waive Further Reading and Set a Public Hearing for the Second Reading and Adoption of Ordinance at the August 28, 2024 City Council Meeting

Action: A motion was made by Council Member Fisicaro, seconded by Council Member Slaughter, to approve the balance of the Consent Calendar. The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor ✓
Ken Gonzalez, Vice Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
5 0

ITEM #2
Minutes – Regular Meeting 07.24.24 Page 3 of 4

ITEMS PULLED FROM CONSENT

5. Motion to Approve and Authorize the City Manager to Execute an Agreement with South San Francisco for Shuttle Services to Veterans Village at 1680 Mission Road in Colma, California Pursuant to CEQA Guideline 15301 and 15378
Council provided questions and comments.

City Manager Barros responded to Council questions.

Action: A motion was made by Council Member Fisicaro, seconded by Council Member Slaughter, to approve and authorize the City Manager to execute an agreement with South San Francisco for shuttle services to Veterans Village at 1680 Mission Road in Colma, California pursuant to CEQA Guideline 15301 and 15378. The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor ✓
Ken Gonzalez, Vice Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
5 0

COUNCIL CALENDARING
The next Special Meeting will be on Monday, August 5, 2024 at 5:00 p.m.

The August 14, 2024 Regular Meeting has been canceled and the next Regular Meeting will be on Wednesday, August 28, 2024, at 7:00 p.m.

REPORTS
Council Member Slaughter gave a report on the Economic Development Subcommittee meeting held on July 16. 2024.

City Manager Barros stated that the Economic Development Subcommittee meets the third Tuesday of each month and that it is a Brown Act meeting for the public to attend. He also reported that the Recreation Department will be hosting a Family Movie Night on Friday, July 26 at the Colma Community Center; that the Centennial Special Meeting and Reception will be held on August 5; and that the Summer Concert Series begins on August

8. ITEM #2
Minutes – Regular Meeting 07.24.24 Page 4 of 4

ADJOURNMENT
Mayor Goodwin adjourned the meeting at 7:36 p.m. in memory of Richard Bordi.

Respectfully submitted,

Michelle Estabillo, MMC
City Clerk
Page: 1Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 02947
ANGELIKA ABELLANA 5/18, 6/20, 6/22/24C58705 75.3206/28/202407/16/202407/05/2024 75.32 02787 AECO SYSTEMS, INC. 561 16C58706 06/24/202407/10/202407/05/2024 1,636.02 C 56118 2,789.3206/24/202407/10/2024 1,153.30
03728
ALPINE AWARDS INC. 3108835C58707 1,974.8906/21/202407/12/202407/05/2024 1,974.89 00002 AT&T 06/18/2024C58708 38.9106/18/202407/12/202407/05/2024 38.91 01565 BAY CONTRACT MAINTENANCE, INC. 31904C58709 06/25/202407/22/202407/05/2024 505.48 C 31905 985.4806/25/202407/22/2024 480.00
00051 CALIFORNIA WATER SERVICE CO. 6544607057-06/18/24C58710 06/18/202407/10/202407/05/2024 710.36 C 1727052702-06/13/24 1,124.0406/13/202407/10/2024 413.68 01513
ANITA CARON 2002863.003C58711 125.0006/25/202407/26/202407/05/2024 125.00 00057 CINTAS CORPORATION #2 4196663658C58712 06/24/202407/15/202407/05/2024 784.76 C 4193930353 05/28/202407/15/2024 784.76
C 4196663649 06/24/202407/15/2024 465.77
C 4193930324 2,501.0605/28/202407/15/2024 465.77
01037 COMCAST
CABLE 0188769 061224C58713 55.9006/12/202407/11/202407/05/2024 55.90 02317 ERIN MALIA CUS 62624C58714 1,600.0006/26/202407/22/202407/05/2024 1,600.00 02499 GE CAPITAL INFORMATION (RICOH) 108118065C58715 03/04/202407/12/202407/05/2024 79.63 C 108281072 05/10/202407/12/2024 79.63
C 108200436 235.4104/10/202407/12/2024 76.15
03729 RA
YMOND GUTIERREZ 2002862.003C58716 80.0006/24/202407/19/202407/05/2024 80.00 03730 SUSANNA HNILO 2002861.003C58717 150.0006/24/202407/17/202407/05/2024 150.00 03724 DANIELLE KRANITZ 001C58718 10,425.0006/27/202407/15/202407/05/2024 10,425.00 03671 JULIA MARTINEZ 2002859.003C58719 225.0006/24/202407/16/202407/05/2024 225.00 03396 DINORA NAVARRO 06/15/24 REIMBURSE58720 62.6406/15/202407/05/2024 62.64 01340 NAVIA BENEFIT SOLUTIONS 10864920C58721 400.0006/29/202407/11/202407/05/2024 400.00 Page: 1
ITEM #3
Page: 2Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03061 NICK BARBIERI TRUCKING LLC CL45842C58722 380.1106/15/202407/11/202407/05/2024 380.11 03557 O'CONNOR & COMPANY 0624-08C58723 205.0006/30/202407/10/202407/05/2024 205.00 00280 ODP BUSINESS SOLUTIONS 370927201001C58724 64.9706/14/202407/15/202407/05/2024 64.97 00307 PACIFIC GAS & ELECTRIC 0092128195-2 062424C58725 06/24/202407/11/202407/05/2024 3,129.15 C 0678090639-9 18Jun24 06/18/202407/11/2024 92.78
C 9593452526-2 18Jun24 3,250.9106/18/202407/11/2024 28.98 03173 PLAN JPA INV0034C58726 139.9506/27/202407/12/202407/05/2024 139.95 02670 RALPH ANDERSEN & ASSOCIATES INV-04852C58727 27,500.0006/28/202407/15/202407/05/2024 27,500.00 03479 ROBERT HALF INTERNATIONAL 63755633C58728 06/25/202407/11/202407/05/2024 1,559.00 C 63774320 2,650.3007/01/202407/11/2024 1,091.30
02320 GUILLERMO SANCHEZ 2002860.00358729 300.0006/24/202407/05/2024 300.00 01030 STEPFORD, INC. 2401344C58730 38.6406/26/202407/16/202407/05/2024 38.64 00421 U.S. POSTAL SERVICE 06/27/2024 BULK58731 2,000.0006/27/202407/05/2024 2,000.00 03355 CALIFORNIA CITIES GAMING 2425BC58732 30,000.0006/20/202407/24/202407/05/2024 30,000.00 01037 COMCAST CABLE 0097051 062024C58733 06/20/202407/11/202407/05/2024 360.01 C 0097028 062024 06/20/202407/11/2024 360.01
C 0002770 061724 730.9606/17/202407/11/2024 10.94
02499 GE CAPITAL INFORMATION (RICOH) 108372722C58734 06/18/202407/12/202407/05/2024 387.33 C 108367805 06/14/202407/12/2024 282.74
C 108357892 749.7006/10/202407/12/2024 79.63
02965 HAPPYCAKE FACE PAINTING 687632C58735 362.2506/25/202407/17/202407/05/2024 362.25 00181 IEDA 24620C58736 1,744.0207/01/202407/15/202407/05/2024 1,744.02 03388 INTRADO LIFE & SAFETY 1097824C58737 5,146.5406/20/202407/12/202407/05/2024 5,146.54 03731 LEGOLAND DISCOVERY CENTER BAGroup342/625008869C58738 765.0006/27/202407/25/202407/05/2024 765.00 02955 LITTLE EXPLORERS PETTING ZOO 7.18.24TOWNOFCOLMAC58739 683.0004/23/202407/22/202407/05/2024 683.00 Page: 2
Page: 3Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03173 PLAN JPA INV0063C58740 254,547.0007/01/202407/12/202407/05/2024 254,547.00 03519 RAMBAR, INC. 07/13/24 ACTIVITYC58741 1,485.0006/18/202407/16/202407/05/2024 1,485.00 00500 SMC CONTROLLERS OFFICE FY 2024-2025 LAFCOC58742 2,172.0006/26/202407/23/202407/05/2024 2,172.00 00345 SMC SHERIFF'S OFFICE 8/5-8/7/25 ENH CIT58743 275.0006/25/202407/05/2024 275.00 02848 UNITED COACH TOURS 22264WFC58744 06/04/202407/10/202407/05/2024 1,177.00 C 22265WF 2,232.0006/04/202407/10/2024 1,055.00
03710 VESTIS GROUP, INC. 5180355382C58745 07/01/202407/11/202407/05/2024 19.86 C 5180355376 39.7207/01/202407/11/2024 19.86
00013 ANDY'S WHEELS & TIRES 67448C58746 06/04/202407/19/202407/12/2024 1,125.08 C 67483 06/12/202407/19/2024 545.69
C 67439 1,716.1606/04/202407/19/2024 45.39
00051 CALIFORNIA WATER SERVICE CO. 06/27/2024 Bill Date58747 10,048.8906/27/202407/12/2024 10,048.89 02793 DITO'S MOTORS 30666C58748 06/26/202407/22/202407/12/2024 79.45 C 30662 156.1506/26/202407/22/2024 76.70
03616 FLEXIBLE BENEFIT ADMIN 198901C58749 20.0007/08/202407/16/202407/12/2024 20.00 02499 GE CAPITAL INFORMATION (RICOH) 108144431C58750 03/22/202407/17/202407/12/2024 287.32 C 108225372 04/22/202407/17/2024 287.32
C 108305367 861.9605/23/202407/17/2024 287.32
02773 GRAPHICS ON THE EDGE 5404C58751 900.0006/10/202407/17/202407/12/2024 900.00 01653 KAISER PERMANENTE MEDICAL 1000324547C58752 20.0006/12/202407/16/202407/12/2024 20.00 01394 MITY-LITE, INC. 00176927C58753 4,506.1306/27/202407/17/202407/12/2024 4,506.13 00307 PACIFIC GAS & ELECTRIC 9248309814-8 24Jun24C58754 06/24/202407/17/202407/12/2024 467.05 C 0567147369-1 28Jun24 733.7206/28/202407/17/2024 266.67 03609 PAYMENTUS CORPORATION INV-15-142471C58755 61.9011/30/202307/24/202407/12/2024 61.90 00311 PITNEY BOWES INC. 3106729419C58756 1,305.9906/23/202407/24/202407/12/2024 1,305.99 01344 PROJECT READ Apr - Jun 202458757 2,705.0006/27/202407/12/2024 2,705.00 Page: 3
Page: 4Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 02216 RAMOS OIL CO. INC. CL106796C58758 1,329.2306/30/202407/18/202407/12/2024 1,329.23 00500 SMC CONTROLLERS OFFICE June 202458759 3,044.6007/02/202407/12/2024 3,044.60 00364 SMC FORENSIC LAB PS-INV10457958760 905.0006/30/202407/12/2024 905.00 00830 STAPLES BUSINESS CREDIT 6002885127C58761 05/25/202407/17/202407/12/2024 287.51 C 6002885132 05/25/202407/17/2024 244.67
C 6002885128 05/25/202407/17/2024 98.86
C 6002885130 705.6105/25/202407/17/2024 74.57
01030 STEPFORD, INC. 2406358C58762 953.7507/02/202407/16/202407/12/2024 953.75 00411 TURBO DATA SYSTEMS 43292C58763 1,575.4106/30/202407/16/202407/12/2024 1,575.41 01038 ALLIANT INSURANCE SERVICES 2729088C58764 153,985.8007/02/202407/16/202407/12/2024 153,985.80 00020 ASSOCIATED SERVICES 124070026C58765 49.0007/01/202407/19/202407/12/2024 49.00 01557 CITY OF FOSTER CITY 16104C58766 4,078.0007/05/202407/16/202407/12/2024 4,078.00 01037 COMCAST CABLE 0094769 062724C58767 06/27/202407/16/202407/12/2024 15,681.14 C 0097069 062724 16,056.1506/27/202407/16/2024 375.01 00452 CPRS/CA PARK & REC SOCIETY 138941 Navarro 24'C58768 06/18/202407/19/202407/12/2024 165.00 C 136285 Abellana 24' 330.0006/18/202407/19/2024 165.00 02793 DITO'S MOTORS 30728C58769 07/08/202407/22/202407/12/2024 124.78 C 030721 07/03/202407/22/2024 79.45
C 30730 276.8407/08/202407/22/2024 72.61
02499 GE CAPITAL INFORMATION (RICOH) 108382532C58770 287.3206/21/202407/17/202407/12/2024 287.32 01345 JOHN GOODWIN 7/1-7/2/24 ReimburseC58771 71.0207/02/202407/15/202407/12/2024 71.02 00433 GRAINGER INC 9170553623C58772 15.3307/02/202407/18/202407/12/2024 15.33 03601 HEALTH AND HUMAN RESOURCE CNTR E0323864C58773 64.8007/05/202407/16/202407/12/2024 64.80 00220 LC ACTION POLICE SUPPLY, LTD 41442C58774 3,524.0607/02/202407/16/202407/12/2024 3,524.06 03414 MAD SCIENCE OF THE BAY AREA INV-000259C58775 650.0006/24/202407/16/202407/12/2024 650.00 Page: 4
Page: 5Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00254 METRO MOBILE COMMUNICATIONS 240732C58776 602.0007/01/202407/16/202407/12/2024 602.00 00510 ROSIE NAVARRO 2002865.00358777 300.0007/01/202407/12/2024 300.00 00280 ODP BUSINESS SOLUTIONS 372430786001C58778 07/05/202407/22/202407/12/2024 35.37 C 371060190001 63.4607/02/202407/22/2024 28.09
01431 PRISM 25150029C58779 07/01/202407/15/202407/12/2024 391,075.00 C 25100050 627,595.0007/01/202407/15/2024 236,520.00
03284 SOUNDTHINKING, INC. INV#13498C58780 2,567.0007/05/202407/15/202407/12/2024 2,567.00 01687 UNITED SITE SERVICES OF INV-4620859C58781 168.1607/04/202407/18/202407/12/2024 168.16 02132 JASON WOLLMAN 07/03/24 ReimburseC58782 1,503.1607/03/202407/24/202407/12/2024 1,503.16 01340 NAVIA BENEFIT SOLUTIONS 07122024 BC58783 07/12/202407/15/202407/12/2024 1,617.53 C 07122024 M 1,717.5307/12/202407/15/2024 100.00
01375 NATIONWIDE RETIREMENT SOLUTION 07122024 BC58784 07/12/202407/18/202407/12/2024 3,283.06 C 07122024 M 5,603.0607/12/202407/18/2024 2,320.00
03461 1000BULBS.COM W04084920C58785 169.6607/01/202407/26/202407/19/2024 169.66 03728 ALPINE AWARDS INC. 610817858786 1,207.5207/05/202407/19/2024 1,207.52 03734 ALTA PLANNING + DESIGN, INC. 304.0002024.080 - 1C58787 9,560.0006/13/202407/23/202407/19/2024 9,560.00 03634 AMBROSE HOLDINGS INC 20202684PC58788 805.4707/11/202407/23/202407/19/2024 805.47 00004 AT&T 000021940182C58789 37.9507/01/202407/23/202407/19/2024 37.95 03334 LLC AT&T MOBILITY NATIONAL ACCOUNT 287296200335X071024C58790 2,646.0507/02/202407/23/202407/19/2024 2,646.05 01565 BAY CONTRACT MAINTENANCE, INC. 31172C58791 01/15/202407/26/202407/19/2024 2,877.53 C 32012 07/10/202407/26/2024 2,877.53
C 31168 01/15/202407/26/2024 2,794.42
C 31169 01/15/202407/26/2024 2,794.42
C 32008 07/10/202407/26/2024 2,794.42
C 32009 07/10/202407/26/2024 2,794.42
C 31173 01/15/202407/26/2024 1,630.07
C 32013 07/10/202407/26/2024 1,630.07
Page: 5
Page: 6Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total C 31170 01/15/202407/26/2024 665.32
C 32010 07/10/202407/26/2024 665.32
C 31174 01/15/202407/26/2024 232.37
C 32014 07/10/202407/26/2024 232.37
C 31171 01/15/202407/26/2024 203.01
C 32011 22,394.2807/10/202407/26/2024 203.01
01183 BEST BEST & KRIEGER LLP 1001337C58792 07/12/202407/24/202407/19/2024 21,519.00 C 1001338 07/12/202407/24/2024 12,503.09
C 1001339 07/12/202407/24/2024 6,825.70
C 1001340 40,950.6907/12/202407/24/2024 102.90
02118 CA NEWSPAPERS PARTNERSHIPS 0001417178C58793 455.2706/30/202407/23/202407/19/2024 455.27 00051 CALIFORNIA WATER SERVICE CO. 0944444444-07/02/24C58794 07/02/202407/23/202407/19/2024 61.41 C 3422893362-07/02/24 07/02/202407/23/2024 61.41
C 5793906861-07/02/24 163.7607/02/202407/23/2024 40.94 00093 CITY OF SOUTH SAN FRANCISCO 52038458795 750.0006/24/202407/19/2024 750.00 00095 CLEARLITE TROPHIES 9159558796 164.8107/09/202407/19/2024 164.81 00507 COLMA FIRE PROTECTION DISTRICT 07/11/2458797 225.0007/11/202407/19/2024 225.00 01037 COMCAST CABLE 0096715 070724C58798 122.0107/07/202407/23/202407/19/2024 122.01 03702 CORODATA RECORDS MANAGEMENT RS3628836C58799 103.2606/30/202407/22/202407/19/2024 103.26 02827 CORODATA SHREDDING, INC. DN 1479471C58800 115.6906/30/202407/22/202407/19/2024 115.69 00071 CSG CONSULTANTS, INC. 06/01/24-06/30/24C58801 07/11/202407/23/202407/19/2024 133,820.83 C 57103 07/11/202407/23/2024 21,560.00
C 57106 07/11/202407/23/2024 6,100.00
C 57104 07/11/202407/23/2024 4,095.00
C 57105 07/11/202407/23/2024 3,297.50
C 57102 172,055.8307/11/202407/23/2024 3,182.50
01995 DBA CELETTA INVESTIGATIVE SVCS 24-0607C58802 1,100.0006/07/202407/22/202407/19/2024 1,100.00 00112 DEPARTMENT OF JUSTICE 747338C58803 98.0006/30/202407/23/202407/19/2024 98.00 03733 RENEE ESHUN 07/16/24 REIMBURSEC58804 135.0007/16/202407/26/202407/19/2024 135.00 Page: 6
Page: 7Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00539 FIREMASTER DEPT 1019 0001184344C58805 520.0006/05/202407/24/202407/19/2024 520.00 02499 GE CAPITAL INFORMATION (RICOH) 108421452C58806 525.4407/05/202407/24/202407/19/2024 525.44 03732 IGOR D GOLDVEKHT 1600307658807 301.9507/11/202407/19/2024 301.95 03416 GOVERNMENTJOBS.COM, INC INV-43498C58808 17,842.4508/01/202407/23/202407/19/2024 17,842.45 00433 GRAINGER INC 9177983146C58809 07/10/202407/24/202407/19/2024 2,258.03 C 9177359040 07/10/202407/24/2024 1,755.37
C 9178040045 4,412.7507/10/202407/24/2024 399.35
02605 SAUL GUERRERO 5/30-5/31& 7/24-7/26C58810 07/09/202407/19/202407/19/2024 267.11 C 3/21-3/22 &4/25-4/26 07/09/202407/19/2024 213.83
C 4/15-4/17/24 Retro 483.0507/17/202407/19/2024 2.11
03712 HD SUPPLY, INC. F/K/A 810325779C58811 06/18/202407/24/202407/19/2024 937.37 C 811032135 06/21/202407/24/2024 361.23
C 813331683 1,364.2307/05/202407/24/2024 65.63
00174 HOME DEPOT CREDIT SERVICES 06/28/24 CLOSINGC58812 601.7106/28/202407/23/202407/19/2024 601.71 03607 MARK THOMAS & COMPANY, INC. 51919C58813 21,545.9807/15/202407/24/202407/19/2024 21,545.98 02993 VANESSA MOSQUEDA VELEZ (MIXTISO) Jun 13-Jun 27, 2024C58814 300.0007/06/202407/25/202407/19/2024 300.00 03061 NICK BARBIERI TRUCKING LLC CL46908C58815 216.5406/30/202407/23/202407/19/2024 216.54 02639 NOR CAL PRESSURE WASHER EQUIPM 3502158816 2,368.5507/09/202407/19/2024 2,368.55 00280 ODP BUSINESS SOLUTIONS 36781636200158817 07/01/202407/19/2024 213.22 357851893001 03/08/2024 127.77
367828638001 353.6207/01/2024 12.63
00307 PACIFIC GAS & ELECTRIC 3007220528-6 09Jul24C58818 07/09/202407/24/202407/19/2024 5,154.43 C 0512181543-4 10Jul24 07/10/202407/24/2024 2,766.11
C 0576889222-5 09Jul24 07/09/202407/24/2024 311.56
C 0035222590-8 09Jul24 8,262.1107/09/202407/24/2024 30.01 00563 PETTY CASH 07/12/24 Petty CashC58819 25.0707/12/202407/19/202407/19/2024 25.07 02926 INC PRECISION BODY SHOP & DETAIL DETAIL32283C58820 07/15/202407/24/202407/19/2024 175.00 Page: 7
Page: 8Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total C DETAIL32285 07/15/202407/24/2024 175.00
C DETAIL32282 07/15/202407/24/2024 35.00
C DETAIL32284 420.0007/15/202407/24/2024 35.00
03551 QUENCH USA, INC INV07699560C58821 9.6207/07/202407/24/202407/19/2024 9.62 02216 RAMOS OIL CO. INC. CL107426C58822 1,657.7207/10/202407/23/202407/19/2024 1,657.72 02886 READY REFRESH BY NESTLE 04G0036457661C58823 46.9707/09/202407/25/202407/19/2024 46.97 03488 RUBBER STAMPS UNLIMITED 8805758824 83.5007/11/202407/19/2024 83.50 01450 SAN MATEO LAWN MOWER 23983458825 1,885.4705/30/202407/19/2024 1,885.47 03131 SAN MATEO RESOURCE C7-CB-GEN58826 1,062.5306/20/202407/19/2024 1,062.53 00349 SEGALE & CERINI INC. 1807758827 06/28/202407/19/2024 22,075.00 18078 06/28/2024 2,365.50
18080 06/28/2024 604.00
18079 25,439.5006/28/2024 395.00
00345 SMC SHERIFF'S OFFICE 8/26-8/27/2458828 600.0007/10/202407/19/2024 600.00 00412 TELECOMMUNICATIONS ENGINEERING 4891158829 1,652.5007/10/202407/19/2024 1,652.50 02960 THOR AUDIO SOLUTIONS 14267C58830 1,700.0007/13/202407/23/202407/19/2024 1,700.00 03015 U.S. BANK CORPORATE PMT SYSTEM 06/24/2024C58831 18,586.5106/24/202407/24/202407/19/2024 18,586.51 03710 VESTIS GROUP, INC. 5180357839C58832 07/08/202407/25/202407/19/2024 19.86 C 5180357844 07/08/202407/25/2024 19.86
C 5180360215 07/15/202407/25/2024 19.86
C 5180360220 79.4407/15/202407/25/2024 19.86
02799 WAVE/ASTOUND 103745301-0010910C58833 440.2207/01/202407/23/202407/19/2024 440.22 03645 WHITLOCK & WEINBERGER TRANSPOR 3153258834 3,460.0007/02/202407/19/2024 3,460.00 03508 ROCKY DAVIS 2002328.003C58835 35.0008/09/202207/24/202407/19/2024 35.00 03680 JOHN C KWAN 16002044-Refund58836 298.0012/28/202307/19/2024 298.00 03609 PAYMENTUS CORPORATION INV-15-135157C58837 630.0005/24/202307/26/202407/19/2024 630.00 Page: 8
Page: 9Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03511 JUDITH WEHRER 2002327.003C58838 35.0008/09/202207/24/202407/19/2024 35.00 00047 C.L.E.A. 07262024 B58839 544.0007/26/202407/26/2024 544.00 01340 NAVIA BENEFIT SOLUTIONS 07262024 B58840 1,617.5307/26/202407/26/2024 1,617.53 01375 NATIONWIDE RETIREMENT SOLUTION 07262024 B58841 3,033.0607/26/202407/26/2024 3,033.06 02224 STANDARD INSURANCE COMPANY 07262024 B58842 364.0007/26/202407/26/2024 364.00 00003 A. S. F. ELECTRIC 340058843 251.7507/16/202407/26/2024 251.75 03546 JUDIT ABARCA 2002873.00358844 240.0007/10/202407/26/2024 240.00 02947 ANGELIKA ABELLANA 2002877.00358845 200.0007/16/202407/26/2024 200.00 00013 ANDY'S WHEELS & TIRES 6758058846 45.0007/18/202407/26/2024 45.00 00004 AT&T 00002199777358847 1,649.8007/13/202407/26/2024 1,649.80 03052 BANDWAGON INDUSTRIES LLC 2223158848 5,450.0007/09/202407/26/2024 5,450.00 03736 BINGGIBOOP LLC 08/05/202458849 930.0007/23/202407/26/2024 930.00 00058 CITY CLERKS ASSN OF CA 20000370458850 400.0007/22/202407/26/2024 400.00 01557 CITY OF FOSTER CITY 07/26/24 Dinner/Meet58851 60.0007/25/202407/26/2024 60.00 01037 COMCAST CABLE 0188769 07122458852 55.9007/12/202407/26/2024 55.90 03490 COSMO JUMP PARTY RENTAL 2994758853 225.0007/24/202407/26/2024 225.00 02122 DBA S & J SALES 3415158854 2,500.0007/20/202407/26/2024 2,500.00 00117 DELTA DENTAL OF CALIFORNIA BE00617383958855 14,039.2108/01/202407/26/2024 14,039.21 02558 DIAL GLASS AND WINDOW COMPANY 4638158856 2,195.0006/05/202407/26/2024 2,195.00 03506 GRACE EICHENSEHR 2002871.00358857 275.0007/10/202407/26/2024 275.00 03616 FLEXIBLE BENEFIT ADMIN 19960258858 132.0007/23/202407/26/2024 132.00 03737 ISANG PINAY, LLC 24-00158859 15.0007/11/202407/26/2024 15.00 03666 PACIFIC SKYLINE COUNCIL, PACIFIC SKYLINE COUNCIL, INC20240858860 450.0007/17/202407/26/2024 450.00 Page: 9
Page: 10Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 02216 RAMOS OIL CO. INC. CL10865258861 84.6507/10/202407/26/2024 84.65 00349 SEGALE & CERINI INC. 1808158862 1,950.7506/28/202407/26/2024 1,950.75 00364 SMC FORENSIC LAB PS-INV30495558863 1,335.0006/30/202407/26/2024 1,335.00 00534 SMC INFORMATION SERVICES DEPT 1YCL1240558864 05/31/202407/26/2024 82.25 1YCL12406 164.5006/30/2024 82.25
02224 STANDARD INSURANCE COMPANY Aug2024Coverage58865 227.3207/15/202407/26/2024 227.32 00830 STAPLES BUSINESS CREDIT 600518260058866 06/25/202407/26/2024 447.17 6005182598 06/25/2024 251.22
6005182603 06/25/2024 220.54
6005182602 06/25/2024 220.26
6005182601 1,331.6806/25/2024 192.49
02960 THOR AUDIO SOLUTIONS 1426858867 6,800.0007/10/202407/26/2024 6,800.00 02728 TRUGREEN LIMITED PARTNERSHIP 19629158558868 07/10/202407/26/2024 600.00 196313156 07/10/2024 400.00
196295306 07/10/2024 400.00
196287628 07/10/2024 400.00
196306501 2,000.0007/10/2024 200.00
02848 UNITED COACH TOURS 22266WF58869 06/04/202407/26/2024 1,317.00 22267WF 2,512.0006/04/2024 1,195.00
00432 VISION SERVICE PLAN 82091303258870 1,157.8507/19/202407/26/2024 1,157.85 00130 EMPLOYMENT DEVELOPMENT DEPT 07122024 M95186 90.0007/12/202407/12/2024 90.00 00521 UNITED STATES TREASURY 07122024 M95187 1,180.6007/12/202407/12/2024 1,180.60 00631 P.E.R.S. 07122024 M95188 854.2207/12/202407/12/2024 854.22 01360 MISSIONSQUARE RETIREMENT 07122024 M95189 493.2607/12/202407/12/2024 493.26 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEES07122024 M95190 5,335.0707/12/202407/12/2024 5,335.07 00130 EMPLOYMENT DEVELOPMENT DEPT 07122024 B95191 16,976.3107/12/202407/12/2024 16,976.31 Page: 10
Page: 11Check History ListingapCkHist
7:54AM Town of Colma08/05/2024
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00521 UNITED STATES TREASURY 07122024 B95192 74,059.8707/12/202407/12/2024 74,059.87 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEES07122024 B95193 76,146.8207/12/202407/12/2024 76,146.82 00631 P.E.R.S. 07122024 B95194 53,988.0007/12/202407/12/2024 53,988.00 01360 MISSIONSQUARE RETIREMENT 07122024 B95195 6,132.9307/12/202407/12/2024 6,132.93 00068 COLMA PEACE OFFICER'S 07122024 B95196 1,247.5707/12/202407/12/2024 1,247.57 00130 EMPLOYMENT DEVELOPMENT DEPT 07262024 B95202 18,537.2207/26/202407/26/2024 18,537.22 00521 UNITED STATES TREASURY 07262024 B95203 78,800.3607/26/202407/26/2024 78,800.36 00631 P.E.R.S. 07262024 B95204 54,604.3307/26/202407/26/2024 54,604.33 01360 MISSIONSQUARE RETIREMENT 07262024 B95205 6,214.1007/26/202407/26/2024 6,214.10 00068 COLMA PEACE OFFICER'S 07262024 B95206 1,208.8807/26/202407/26/2024 1,208.88 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEES100000017575867120081 7,719.3506/14/202407/01/2024 7,719.35 03616 FLEXIBLE BENEFIT ADMIN JULY2024HRA120082 63,969.1606/24/202407/01/2024 63,969.16 00631 P.E.R.S. FY2024-2025 Lump Sum120083 914,599.0007/12/202407/12/2024 914,599.00 3,016,265.96first Total:

Total Checks:checks in this report 185 3,016,265.96
Page: 11

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• JI.• 4 II
Staff Report – Cycle 7 Pedestrian and Bicycle Program Page 1 of 4

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Brad Donohue, Public Works Director
Abdulkader Hashem, Senior Project Manager
VIA: Daniel Barros, City Manager
MEETING DATE: August 28, 2024
SUBJECT: Submittal of Application for Cycle 7 FY 2025-26 Pedestrian and Bicycle Funding Program for the Design of Hillside Boulevard Improvement Project (Phase II) from Serramonte Boulevard to Lawndale Boulevard

RECOMMENDATION
Staff recommends that the City Council adopt the following:

RESOLUTION SUPPORTING THE DESIGN OF HILLSIDE BOULEVARD IMPROVEMENT

PROJECT (PHASE II) AND SUBMITTING AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 7 PEDESTRIAN AND BICYCLE PROGRAM FUNDING PURSUANT TO CEQA GUIDELINE 15306

EXECUTIVE SUMMARY
The City Council is being asked by Town staff to submit a grant application to the San Mateo County Transportation Authority (TA) for Cycle 7 FY 2025-26 Pedestrian and Bicycle Program Funding, commit any necessary matching funds, and provide assurances to the TA as necessary regarding the status and completion of the design project.

The Town has proposed a potential project for Cycle 7 Pedestrian and Bicycle Program Funding for the design of Hillside Boulevard Improvement Project -Phase II (the “ Project”) from Serramonte Boulevard to Lawndale Boulevard.

The proposed resolution supports the Project and grant application for [$1,246,000 ] in TA Measures A and W Pedestrian and Bicycle Program funds. If the Town is awarded the requested funds, the resolution also commits the Town to the completion of the Design Project, including the commitment of matching funds in the amount of [$154,000].

ITEM #4
Staff Report – Cycle 7 Pedestrian and Bicycle Program Page 2 of 4

FISCAL IMPACT
The estimated cost of Engineering Design, including Plans, Specifications and Estimates (PS&E) for the improvements to Hillside Boulevard Project (Phase II) is estimated to be in the range of $1,400,000. If the Cycle 7 Pedestrian and Bicycle Program is accepted and funded, the Town’s estimated funding plan for the design of Hillside Boulevard Improvement Project (Phase II) will be as follows:

• Cycle 7 Bicycle and Pedestrian Grant Program $ 1,246,000 • CIP Reserves (Local Match) $ 154,000
Estimated Project Total $ 1,400,000

If TA awards the Town of Colma $1,246,000 for the Hillside Boulevard Improvement Project (Phase II), the Town’s required local match will be $154,000 (11% of the Project). Total engineering design (PS&E) cost is estimated to be $1,400,000.

ENVIRONMENTAL

The City Council’s action in adopting the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15306 as information collection. With the funding request, Town staff will use the funds to gather data and design a project for bicycle and pedestrian improvements along Hillside Boulevard. Any construction improvements are not part of this action and the City Council will only consider the future construction project after CEQA review has been conducted.

BACKGROUND
Hillside Boulevard is a principal north-south arterial road stretching from Daly City and unincorporated San Mateo County, through Colma, and into South San Francisco before intersecting with Highway 101. It serves as a vital transportation corridor connecting these diverse communities, local businesses, transit hubs and various schools. It also provides a connection link between Highway 280 and Highway 101.

The grant application would request funding to allow the Town to design and addresses a portion of Hillside Boulevard between Serramonte Boulevard to the North, traveling approximately 1.2 miles to Lawndale Boulevard to the south. This portion of Hillside Boulevard is absent of sidewalks, ADA compliant ramps, protected bike lanes, high visibility mid-block crosswalks, traffic calming features, proper street lighting and green street infrastructure.

Originally the Hillside Boulevard Improvement Project was divided into two phases due to budget constraints. Phase I, which is the northern section from Serramonte Boulevard north to Hoffman Street (Daly City/Unincorporated County Border) constructed back in 2014. The First Phase incorporated a road diet (4 lanes down to two lanes), complete street features, alternative transportation features, pedestrian safety features such as High Visibility crosswalks new street lighting and stormwater treatment measures (rain gardens and drought resistant landscaping).

Staff Report – Cycle 7 Pedestrian and Bicycle Program Page 3 of 4 Hillside Boulevard Phase II would be designed to mirror the same improvements from Serramonte Boulevard going South to Lawndale Boulevard, creating a unified and enhanced corridor if the project is ultimately constructed contingent on CEQA review.

The proposed Hillside Boulevard Improvement Project would promote micromobility transportation options, it will also center on enhanced safety improvements for pedestrians, bicyclists, and vehicles. The planned design includes adding a continuous sidewalk on both sides of the roadway, designated Class IV bike lanes on both sides, ADA-compliant ramps and walkways, high visibility crosswalks with rectangular rapid flashing beacons, street lighting, signage, utility improvements and green streets infrastructure, (stormwater treatment and landscaping features).

ANALYSIS
On June 10, 2024, the San Mateo County Transportation Authority (TA) announced a Call for Projects (CFP) for the Cycle 7 FY 2025-26 Measures A and W Pedestrian and Bicycle Program.

The goal of the Pedestrian and Bicycle Program is to fund projects that improve bicycling and walking accessibility and safety within San Mateo County. Projects funded through this CFP must meet the following goals of the funding program:
• Help reduce traffic congestion by safely connecting communities and neighborhoods with schools, transit, and employment destinations.
• Fill gaps and cross barriers in the existing bicycle/pedestrian network, and safely cross barriers such as major roads, rail corridors, and highways. • Improve existing facilities to make them safer and more accessible for cyclists and pedestrians.
• Make walking and bicycling safer and more convenient for a wide range of ages and abilities.

A total of up to approximately $19 million in Measure A and W Pedestrian and Bicycle Program funds may be made available for projects that meet the program evaluation criteria. The anticipated breakdown of project funding is allocated as follows by project category:
• Capital Projects:
o Large Capital Projects - $12 million (Max request up to $2 million) o Small Capital/Quick Build Projects - $6 million (Max request less than $1 million) • Planning and Promotions - $475,000 (Max request up to $100,000) • Safe Routes to Schools (SRTS) - $475,000

The Town will submit a funding application to the San Mateo County Transportation Authority on August 30, 2024, seeking $1,246,000 for the engineering design (PS&E) of Hillside Boulevard (Phase II) between Serramonte Boulevard and Lawndale Boulevard. This project qualifies for the Large Capital Projects category of the Cycle 7 Pedestrian and Bicycle Program and requires an approximately $1,400,000 total budget, with an 11% local match of $154,000.

To complete the funding application for the Hillside Boulevard Improvement Project (Phase II), a City Council adopted a resolution supporting the engineering design (PS&E) of Hillside Boulevard Improvement Project (Phase II) and authorizing the submittal of an application Cycle 7 FY 2025-26 Pedestrian and Bicycle program funding is required.

Staff Report – Cycle 7 Pedestrian and Bicycle Program Page 4 of 4 Council Adopted Values

The Hillside Boulevard Improvement Project (Phase II) from Serramonte Boulevard to Lawndale Boulevard is visionary , because it involves designing improvements for a potential construction project that can provide safe, attractive, and sustainable paths of travel for those who walk, bike, or use public transportation to and from work along Hillside Boulevard.

Sustainability Impact
The resolution in support of the design of the Hillside Boulevard Improvement Project (Phase II) Cycle 7 Pedestrian and Bicycle Program Funding Application to the San Mateo County Transportation Authority is consistent with the Town’s sustainability goals and Complete Streets Program goals if ultimately constructed.

ALTERNATIVES

The City Council could choose not to adopt the resolution. Doing so is not recommended as the application for design would allow for potential funding from the TA so the Town can design much-needed improvements on Hillside Boulevard.

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

ATTACHMENTS

A. Resolution No. 24-XX, Hillside Boulevard Improvement Project (Phase II)

Reso 2024-__, Design of Hillside Boulevard Improvement Project (Phase II) Page 1 of 3 RESOLUTION NO. 2024-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION SUPPORTING THE DESIGN OF HILLSIDE BOULEVARD IMPROVEMENT

PROJECT (PHASE II) AND SUBMITTING AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 7 PEDESTRIAN AND BICYCLE PROGRAM FUNDING PURSUANT TO CEQA GUIDELINE 15306
The City Council of the Town of Colma does resolve as follows:

1. Background
(a) Hillside Boulevard is a major north -south arterial road stretching from Daly City, unincorporated San Mateo County, Colma, and into South San Francisco before intersecting with Highway 101. Hillside Boulevard Improvement Project was divided into two phases due to the budget constraints. Phase I, encompassing the stretch between Hoffman Street at the Daly City border and Serramonte Boulevard, completed in 2015 , incorporated complete street elements and green infrastructure. Phase II will extend these improvements from Serramonte Boulevard to Lawndale Boulevard, creating a unified and enhanced corridor.
(b) The Town (Sponsor) has developed Hillside Boulevard Improvement Project – Phase II (Project) to provide an element of safety and mobility for Pedestrian , Bicyclists, and micromobility users to travel along Hillside Boulevard. (c) The Project includes Design new sidewalks, curb ramps, Class IV bike lanes, high visible mid-block crosswalks with rectangular rapid flashing beacons (RRFBs), street lighting, signage, utility improvements, and green stormwater infrastructure. It will cost $1,400,000 to implement the Design (Plans, Specifications and Estimates) of the Hillside Boulevard Improvement Project (Phase II).
(d) The Town seeks [$1,246,000] in funding for the Project. (e) The San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024, and (f) The TA requires the Sponsor’s governing body to adopt a resolution:
(i) Supporting the Project and application for [$1,246,000] in TA Measures A and W Pedestrian and Bicycle Program funds for Project; and
(ii) Committing the Sponsor to the completion of the Design Project, including the commitment of matching funds in the amount of [$154,000]; and (iii) Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and (iv) If funds are awarded, authorizing the Sponsor's City Manager, or designee, to sign a funding agreement or memorandum of understanding (MOU) with the TA

ATTACHMENT A
Reso 2024-__, Design of Hillside Boulevard Improvement Project (Phase II) Page 2 of 3 for TA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments.

2. Approval and Authorization
Now, therefore, be it resolved by the Town of Colma that the Town:
(a) Directs staff to submit an application to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program funds for $1,246,000 for the Design of Hillside Boulevard Improvement Project (Phase II);
(b) Authorizes the City Manager, or designee, to execute a funding agreement or MOU with the San Mateo County Transportation Authority to encumber TA Measures A and W Pedestrian and Bicycle Program funds;
(c) Commits to the completing the Design Project, including contributing [$1 54,000] of matching funds if the requested TA funds are awarded;
(d) Certifies that any funds awarded by the TA will be used to supplement existing funds for the Project, and will not replace existing funds or resources. (e) Authorizes the City Manager or designee, to take any other actions necessary to give effect to this resolution and execute applicable amendments.

Reso 2024-__, Design of Hillside Boulevard Improvement Project (Phase II) Page 3 of 3

Certification of Adoption
I certify that the foregoing Resolution 2024--__ was duly adopted at a regular meeting of said City Council held on August 28, 2024 by the following vote:

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

Dated ______________________ ___________________________________ John Irish Goodwin, Mayor

Attest: ____________________________
Michelle Estabillo, City Clerk

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• JI.• 4 II
Staff Report – Ordinance Amending Subchapter 4.10 - Tobacco Retailers Page 1 of 3

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
VIA: Daniel Barros, City Manager
MEETING DATE: August 28, 2024
SUBJECT: Ordinance Amending Subchapter 4.10 Relating to Tobacco Retailers

RECOMMENDATION
Staff recommends that the City Council:

1. Conduct a public hearing; and

2. Adopt the following:

ORDINANCE AMENDING SUBCHAPTER 4.10 OF THE COLMA MUNICIPAL CODE

RELATING TO TOBACCO RETAIL PERMITS AND ADOPTING BY REFERENCE CHAPTER 4.98 OF TITLE 4 OF THE SAN MATEO COUNTY ORDINANCE CODE TO

CONSOLIDATE AND CLARIFY EXISTING DEFINITIONS AND ENACT

ADDITIONAL REQUIREMENTS FOR TOBACCO RETAILER PERMITS PURSUANT TO CEQA GUIDELINE 15378 AND 15061(B)(3) AND WAIVE FURTHER READING

COUNCIL ADOPTED VALUES
The City Council’s adoption of this Ordinance is responsible as it adopts stricter regulations on the sale and advertising of tobacco products in an effort to better protect the youth in the community.

BACKGROUND
In 1998, the Town of Colma (“Town”) adopted Ordinance 538 creating subchapter 4.10 of the CMC titled “Tobacco Retailer’s Permit.” Subchapter 4.10 imposed numerous restrictions on the sale of tobacco products within the Town’s boundaries and created a permi tting system implemented and enforced by the County. Ten years later, the Town subsequently amended Chapter 4.10 in 2008 to include additional regulations on the sale of tobacco products similar to what the County adopted.

ITEM #5
Staff Report – Ordinance Amending Subchapter 4.10 - Tobacco Retailers Page 2 of 3

ANALYSIS
On May 23, 2023, the San Mateo County Board of Supervisors again adopted an amended Tobacco Retailer Permit ordinance clarifying requirements for cities to authorize the County to administer and enforce the ordinance. The updated County ordinance increased penalties on businesses that sell cigarettes and other tobacco products to minors. The County’s amended ordinance also made the following changes:
• Updates definitions to align with similar model ordinances across California. For example, the “Tobacco Product” definition will now include synthetic nicotine, and align language, where appropriate, with the new Statewide ban on flavored tobacco products. • Prohibits posting of advertisements offering tobacco products unless the retailer has a valid permit to sell tobacco products;
• Increases the age for those who sell tobacco products to match the minimum age allowed to purchase tobacco under State law, currently 21 years old; • Increases fines up to $500 for a first violation, and up to $1,000 for all subsequent violations within a 60-month period;
• Prohibits issuing new Tobacco Retailer Permits to any location within 1,000 feet of a “youth-populated area” (public or private school, playgrounds, for instance) or within 500 feet of an existing tobacco retailer;
• Mandates a fine for any ordinance violations;
• Increases the permit suspension and revocation escalation period for cumulative violations from 12 months to 60 months; and
• Increases the number of required on -site inspections by County Environmental Health Services to two per year. The addition of two inspections per year increases the annual permit fee from $174 to $672 for all tobacco retailers.

Subsequent to adopting the ordinance, the County informed the Town that the County Environmental Health Services could not administer tobacco retailer permits or engage in enforcement in incorporated cities , including the Town of Colma, unless, and until, the Town adopted a matching ordinance incorporating the changes made by the County’s ordinance or by adopting Chapter 4.98 of the County of San Mateo Ordinance Code.

More recently, at the July 24
th City Council meeting, the City Council introduced the Town’s ordinance that adopts the County regulations by reference. Staff is now recommending that the City Council conduct a public hearing and adopt the ordinance amending Chapter 4.10 of the CMC and adopting by reference Chapter 4.98 (“Tobacco Retailer Permit”) of the County of San Mateo Ordinance Code.

Staff Report – Ordinance Amending Subchapter 4.10 - Tobacco Retailers Page 3 of 3

FISCAL IMPACT
There was minimal staff time involved with preparing this Ordinance, and the County of San Mateo (“County”) has the responsibility of implementing and enforcing the Tobacco Retailer Permit regulations which will not materially impact the Town's budget.

ENVIRONMENTAL
The City Council’s adoption of this Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA ap plies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA.

Alternatives
The City Council could choose not to adopt the ordinance imposing stricter regulations on the sale and advertising of tobacco products. If the City Council declines to adopt the ordinance, the County will not be able to administer and enforce the Tobacco Retail Permit ordinance, resulting in the Town taking over those responsibilities and incurring significant costs.

CONCLUSION
The City Council should conduct a public hearing and adopt the ordinance.

ATTACHMENTS
A. Town Ordinance
B. County Ordinance

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• JI.• 4 II
Ord. No. XX - Ordinance Amending Subchapter 4.10 - Tobacco Retailers (Second Reading) Page 1 of 5 ORDINANCE NO. XX

OF THE CITY COUNCIL OF THE TOWN OF COLMA
ORDINANCE AMENDING SUBCHAPTER 4.10 OF THE COLMA MUNICIPAL CODE

RELATING TO TOBACCO RETAIL PERMITS AND ADOPTING BY REFERENCE CHAPTER

4.98 OF TITLE 4 OF THE SAN MATEO COUNTY ORDINANCE CODE TO CONSOLIDATE

AND CLARIFY EXISTING DEFINITIONS AND ENACT ADDITIONAL REQUIREMENTS FOR TOBACCO RETAILER PERMITS PURSUANT TO CEQA GUIDELINE 15378 AND 15061(B)(3)
The City Council of the Town of Colma does ordain as follows:

ARTICLE 1. FINDINGS, PURPOSE AND AUTHORITY.

The City Council of the Town of Colma finds:
(a) A local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the Town of Colma (“Town”) and the San Mateo County Board of Supervisors, to protect the health, safety, and welfare of Town residents.
(b) Despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:

1. In California, over 67% of current and former adult smokers started smoking by the age of 18,
1 2. In a survey taken in 2019- 20, 28.6% of California high school students reported that they had used a tobacco product and 9.7% of students reported that they had used tobacco in the last 30 days;
2 and

3. According to the 2019 -20 California Student Tobacco Survey, for San Mateo County, the prevalence of the use of vaping devices among high school students was 8.7%.
3 _______________
________________________________
1 California Department of Public Health California Tobacco Control Program. California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016. 2 Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021). Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandE valuation/FactsandFigures/CSTS2019-20BiennialReport_ADA.pdf 3 Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021). Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandE valuation/FactsandFigures/CSTS2019-20BiennialReport_ADA.pdf

ATTACHMENT A
Ord. No. XX - Ordinance Amending Subchapter 4.10 - Tobacco Retailers (Second Reading) Page 2 of 5 (c) California retailers continue to sell tobacco to underage consumers, evidenced by the following:

1. According to the 2019 -20 California Student Tobacco Survey, among current underaged vapers, 51.2% reported paying for their vapes. Of those who paid for their vapes, 27.1% reported buying them from a retail store; 4 2. In the Bay Area, 21.6% of licensed tobacco retailers sold tobacco products to underage decoys in 2019;
5 and

3. In 2019, the San Mateo County Sheriff’s Office coordinated undercover enforcement operations and found that 25 out of 289 visits to retailers by underage decoys resulted in tobacco sales to youth decoys.
(d) The tobacco industry’s price discounting strategies, such as coupons and multiple - package discounts, are popular among consumers, with more than half of adults using some price minimization strategy. In California, individuals who use price minimization strategies save an average $1.04 per pack (or 18.6% off the total price per pack). 6 (e) The density and proximity of tobacco retailers influence smoking behaviors, including the number of cigarettes smoked per day.
7 (f) Adults who smoke have a harder time quitting when residential proximity to tobacco retailers is smaller8 and density is higher.9
(g) Policies to reduce tobacco retailer density have been shown to be effective 10 and may reduce or eliminate inequities in the location and distribution of tobacco retailers. _______________________________________________
4 Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021). Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandE valuation/FactsandFigures/CSTS2019-20BiennialReport_ADA.pdf 5 California Department of Public Health, California Tobacco Control Program. California Tobacco Facts and Figures 2021. Sacramento, CA: California Department of Public Health; November 2021. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandE valuation/FactsandFigures/CaliforniaTobaccoFactsAnd Figures2021-V 3A.pdf 6 Xu X, Pesko MF, Tynan MA, Gerzoff RB, Malarcher AM, Pechacek TF. Cigarette price-minimization strategies by U.S. smokers. Am J Prev Med. 2013;44(5):472476. doi: 10.1016/j.amepre.2013.01.019. 7 Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighborhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health. 2005;59(7):568-573. doi: 10.1136/jech.2004.029041.
8 Reitzel LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health. 2011;101(2):315-320. doi: 10.2105/AJPH.2010.191676 9 Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR. The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction. 2015;110(1):152-161. doi: 10.1111/add.12718.
10 Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239- 244. doi: 10.1093/ntr/ntw185. Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy ____________________________________________
Ord. No. XX - Ordinance Amending Subchapter 4.10 - Tobacco Retailers (Second Reading) Page 3 of 5 (h) Strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain these products.11 (i) Strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales.12
(j) The Town and the San Mateo County Board of Supervisors have a substantial interest in protecting youth and underserved populations from the harms of tobacco use. (k) The Town and the San Mateo County Board of Supervisors finds that a stronger local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the Town and the County of San Mateo in order to protect the health, safety, and welfare of our residents. (l) As lessons are learned with implementation of licensing systems throughout the State, it is appropriate to update existing Town regulations to ensure that the Town implements best practices in tobacco prevention.

ARTICLE 2. RECITALS INCORPORATED.

The above recitals are hereby adopted as findings of the City Council in enacting this Ordinance.

ARTICLE 3. CEQA
The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
_______________________________________________
approaches for tobacco retailer reduction. Prev Med. 2015; 74:67-73. doi: 10.1016/j.ypmed.2015.01.025.

Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi:

10.2105/AJPH.2017.303685.
11 Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239- 244. doi: 10.1093/ntr/ntw185. Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy approaches for tobacco retailer reduction. Prev Med. 2015; 74:67-73. doi: 10.1016/j.ypmed.2015.01.025.

Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi:

10.2105/AJPH.2017.303685.
12 Macinko J, Silver D. Impact of New York City's 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use. Am J Public Health. 2018;108(5):669-675. doi: 10.2105/AJPH.2018.304340.

Ord. No. XX - Ordinance Amending Subchapter 4.10 - Tobacco Retailers (Second Reading) Page 4 of 5 ARTICLE 4. SEVERABILITY.

If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance.

The City Council of the Town of Colma hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ARTICLE 5. AMENDING CHAPTER 4.10 OF COLMA MUNICIPAL CODE AND ADOPTION OF CHAPTER 4.98 OF THE SAN MATEO COUNTY ORDINANCE CODE.

Chapter 4.10 of the Colma Municipal Code (“Tobacco Retailer’s Permit”) is hereby amended in its entirety to read in full as follows:
“4.10.010 Adoption of County of San Mateo Tobacco Retailer Permit Ordinance Code
Chapter 4.98 "Tobacco Retailer Permit" of Title 4 of the San Mateo County Ordinance Code, and any future amendment thereto, are hereby adopted by reference and made effective in the Town. Certified copies of Chapter 4.98 of the San Mateo County Ordinance Code, as adopted hereby, have been deposited with the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the public.

4.10.020 Authorization of Enforcement by San Mateo County Personnel The County of San Mateo, its officers, employees and agents are hereby authorized to enforce, on behalf of the T own, Chapter 4.98 (Tobacco Retailer Permit ) of the San Mateo County Ordinance Code, and any amendments thereto, within the jurisdiction areas of the Town. Such enforcement authority includes, but is not limited to, the collection of fees and fines, expending such revenue in the enforcement of the tobacco retailer requirements, holding hearings, suspending permits and issuing administrative fines.”
ARTICLE 6. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published as required by law.

ARTICLE 7. EFFECTIVE DATE.

This Ordinance shall go into effect 30 days following its adoption.

Ord. No. XX - Ordinance Amending Subchapter 4.10 - Tobacco Retailers (Second Reading) Page 5 of 5 Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held on July 24, 2024, and adopted at a regular meeting of the City Council of the Town of Colma held on August 28, 2024, by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Voting Tally
Dat
ed: ____________________ _____________________________________ John Irish Goodwin, Mayor
Attest: _______________________________________
Michelle Estabillo, City Clerk
_________________________
Christopher Diaz, City Attorney

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ORDINANCE NO. 4878

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA * * * * * *
AN ORDINANCE REPEALING CHAPTERS 4.95, 4.98, AND 4.99, AND ADOPTING A NEW CHAPTER 4.98 OF TITLE 4 OF THE SAN MATEO COUNTY ORDINANCE

CODE TO CONSOLIDATE AND CLARIFY EXISTING DEFINITIONS AND ENACT

ADDITIONAL REQUIREMENTS FOR TOBACCO RETAILER PERMITS
The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Findings.

The Board of Supervisors finds and determines that:
(a) A local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the Board of Supervisors, to protec t the health, safety, and welfare of San Mateo County residents.
(b) Despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:

1. In California, over 67% of current and for mer adult smokers started smoking by the age of 18;¹

2. In a survey taken i n 2019-20, 28.6% of California high school students reported that th ey had used a tobacco product and 9.7% of students reported that they had used tobacco in the last 30 days;² and

3. According to the 201 9-20 California Student Tobacco Surv ey, for San Mateo County, the prevalence of the use of vaping devices among high school students was 8.7%.³
(c) California retailers continue to sell tobacco to underage consumers, evidenced by the following:

2. In the Bay Area, 21.6% of licensed tobacco retailers sold tobacco products to underage decoys in 2019;⁵ and

ATTACHMENT B

(d) The tobacco industr y’s price discou nting strategies, such as coupons and multiple-package discounts, are popular among consumers, with more than half of adults using some price minimization strategy. In California, indi viduals who use price minimization strategies save an a verage $1.04 per pack (or 18.6% off the total price per pack).⁶

(e) The density and proximity of tobacco retailers influence smoking behaviors, including the number of cigarettes smoked per day.⁷

(f) Adults who smoke have a harder time quitting when residential proximity to tobacco retailers is smaller⁸ and density is higher.⁹

(g) Policies to reduce tobacco retailer density have been shown to be effective¹º and may reduce or eliminate inequities in the location and distribution of tobacco retailers.

(h) Strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain these products.¹¹

(i) Strong policy enforcement and monitorin g of retailer compliance with tobacco control policies (e .g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales.¹²

(j) The Board of Supervisors has a substantial interest in protecting youth and underserved populations from the harms of tobacco use.

(k) The Board of Supervisors finds that a stronger local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the County of San Mate o in order to protect the health, safety, and welfare of our residents.

(l) As lessons are learned with implementation of licensing systems throughout the State, it is appropriate to update existing County regulations to ensure that the County implements best practices in tobacco prevention.

SECTION 2. Chapters 4.95, 4.98 and 4.99 of the San Mateo County Ordinance Code are hereby repealed and replaced in their entirety by a new Chapter 4.98 to be numbered and entitled and to read as follows:

Chapter 4.98 - TOBACCO RETAILER PERMIT

4.98.100 - Definitions.

(a) "Characterizing Flavor" means a distinguishable taste or aroma , or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to hav e a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.

(b) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.

(d) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form , used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

(e) “Director” means the Chief of San Mateo County Health, or designee.

(f) "Distinguishable" means perceivable by either the sense of smell or taste.

(g) “Electronic Smoking Device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e -cigarette, e -cigar, e -pipe, vape pen, or e - hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic. “E lectronic Smoking Device” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for suc h an approved purpose.

(h) "Flavored Tobacco Product" means any Tobacco Product that contains a Constituent that imparts a Characterizing Flavor.

(i) “Full Retail Price” means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

(j) “Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its packaging.

(k) “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold, or offered for Sale, to a Consumer.

(l) “Permit” or “Tobacco Retailer Permit” means a valid permit issued by the Director to a Person to act as a Tobacco Retailer.

(m) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any oth er entity.

(n) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offer ed for Sale, regardless of whether the retail establishment Sells other retail goods in addition to prescription pharmaceuticals.

(o) “Sale” or “Sell” means transfer to, exchange, barter, or distribute for a commercial purpose.

(p) “Self-Service Display” shall be defined as the open display or storage of Tobacco Products in a manner that is physically accessible to the general public without the assistance of the retailer or employee of the retailer and a direct face -to-face transfer between the purchaser and th e retailer or employee of the retailer. A vending machine is a form of self-service display.

(q) “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of Tobacco Products.

(r) “Tobacco" or "Tobacco Product(s)" means:

(1) any product containing, made of, or derived from tobacco or nicotine , whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic; or

(3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, whether natural or synthetic, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

(4) “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(s) “Tobacco Product Flavor Enhancer” means a product designed, manufactured, produced, marketed or Sold to produce a Characterizing Flavor when added to a Tobacco Product.

(t) “Tobacco Retailer” means any Person who Sells, or offers for Sale, Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold or offered for Sale.

(u) “Youth-Populated Area” means a parcel of real property that is occupied , in whole or in part, by any of the following:

(1) a private or public school that educates children in grades kindergarten through high school;

(2) a library that is open to the public;

(3) a playground that is open to the public;

(4) a youth center, defined as a facility where children ages 6 to 17 come together for programs and activities;

(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. “Recreation facility” includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;

(6) a public or private college or university that serves as an institution for education beyond the high school level;

(7) a licensed child-care facility or preschool, other than a small-family day care home or a large-family daycare home as defined in California Health & Safety Code § 1596.78.

4.98.110 - Requirement for a Permit.

(a) No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product without a current and valid Tobacco Retailer Permit from San Mateo County for each location where such activities are conducted.

(b) Permits are valid for one year and must be timely renewed annually by the Permit holder in order to continue to sell or offer for sale any Tobacco Product. A Retailer must o btain a separate Permit for each location at which any Tobacco Product will be sold, offered for sale or distributed. A Permit that is not renewed in a timely manner shall expire at the end of its term , and the Tobacco Retailer must obtain a new Permit prior to any further sale, offer for sale, or distribution of any Tobacco Product.

(c) No Tobacco Retailer shall violate, or cause or allow the Tobacco Retailer’s agents or employees to violate, any provision of this Chapter or any other local, state, or federal law applicable to Tobacco Products or Tobacco Retailing.

(d) Tobacco Retailers are responsible for the actions of their employees and agents relating to the sale, offer to sell, an d furnishing of tobacco produ cts at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer and the permit holder shall be responsible for any monetary penalties levied.

(e) Nothing in this Chapte r shall be construed to penal ize the purchase, use, or possession of a Tobacco Product by any Person not engaged in Tobacco Retailing.

4.98.120 - Permit is Nontransferable.

(a) Tobacco Retailer Permits are nontransferable as between Persons, locations, or otherwise. Any attempted transfer shall render the Permit null and void.

(b) Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to be counted against that location and Permit ineligibility and suspensio n periods shall continue to a pply to that location unless:

(1) One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and

(2) The County is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. An Arm ’s Length Transaction , for the purposes of this section, means a transaction in which two or more unre lated a nd unaffiliated partie s agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms.

4.98.130 - Permit Conveys a Limited, Conditional Privilege.

Nothing in this Chapter shall be construed to grant any Person or entity obtaining and maintaining a Permit any status or right other than the limited, conditional privilege to Sell Tobacco Produ cts and act as a Tobacco Reta iler at the location in the County identified on the face of the Permit for the period of time shown on the Permit. All Permits are issued subject to the County’s right to amend this Chapter from time to time, and Retailers shall comply with all provisions of this Chapter, as amended.

4.98.140 - Application, Issuance and Renewal Procedure.

(a) Application for a Tobacco Retailer's Permit or the renewal of a Tobacco Retailer Permit shall be submitted in the name of the Person proposing to conduct retail sales of Tobacco Products , referred to herein as the “Applicant,” and shall be signed by such Person or an authorized agent thereof. All applications shall be submitted to the Director on a form supplied by the Director and contain , at a minimum, the following information:

(1) The name, address, and telephone number of the Applicant;

(2) The business name, address, and telephone number of the location where Tobacco Products are proposed to be sold, offered for sale or distributed by the Applicant; and

(3) Proof that the location for which a Tobacco Retailer’s Permit is sought has been issued a valid state license for the sale of Tobacco Products, if the Tobacco Retailer sells products that require such license;

(4) A statement whether or not the Tob acco Retailer or any a gent of the Retailer has been found to have violated this Chapter or other applicable law governing Tobacco Products or Tobacco Retailing and, if so, the dates and locations of all such violations within the previous five years; and

(5) Such other information as the Director determines is necessary for implementation of this Chapter.

(6) An application for a new or renewal Permit will be denied if there are any outstanding fines or late fees issued by the Director, or during any period of suspension.

(7) It is the responsibility of each Permit holder to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer Permit. No Permit holder may rely on the issuance of a Permit as a determination by San Mateo County that the Permit holder has complied with all laws applicable to Tobacco Retailing.

A Permit issued contrary to this Chapter or any other law, or on the basis of false or misleading information supplied by the Applicant, shall be revoked. Nothing in this Chapter shall be construed to vest in any person or entity obtaining or maintaining a Tobacco Retailer’s Permit any status or right to act as a Tobacco Retailer in contravention of any provision of law.

4.98.150 - Display of Permit.

Upon receipt of an application for a Tobacco Retailer Permit in compliance with the requirements of this Chapter , the Director or designee may issue a Permit which , if issued, must be prominently displayed in a publicly visible loca tion at the location where Tobacco Product Sales are conducted and permitted.

4.98.160 - Prohibitions Regarding Coupons, Discounts, Pharmacies, Flavored Tobacco, and Electronic Smoking Devices.

(a) No Tobacco Retailer shall do any of the following:

(1) Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than Full Retail Price;

(2) Sell any Tobacco Product to a Consumer through a multiple package discount or otherwise provide any such product to a C onsumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or

(3) Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.

(b) No Person, Tobac co Retailer or other legal entity shall sell or distribute to a person any electronic smoking device that delivers natural or synthetic nicotine or any other substance(s) to the person inhaling from the device. This includes any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately.

(c) No Person or Tobacco Retailer shall sell or offer to sell any Flavored Tobacco Product or Tobacco Product Flavor E nhancer. There shall be a rebuttable presumption that a Tobacco Prod uct is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed t o consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.

(d) No Pharmacy or Pharmacy employee or agent shall sell or offer to sell any Tobacco Product. The Director shall not issue any new, or renew any existing, Tobacco Retailer Permit for any Pharmacy.

(e) Subdivisions (b) and (c) of this Section shall not apply to the duty - free sto res located at the San Francisco International Airport.

4.98.170 - Packaging and Labeling.

No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product to any Consumer unless the Tobacco Product (1) is Sold in the original manufacturer’s Packaging intended for Sale to Consumers; (2) conforms to all applicable federal Labeling requirements; and (3) conforms to all applicable child -resistant packaging requirements.

4.98.180 - Self-Service Displays Prohibited; On-Site, In-Person Sales Required.

(a) Tobacco Retailing by means of a Self-Service Display is prohibited

(b) All Sales of Tobacco Products and Tobacco Paraphernalia shall be conducted in- person, over the counter, in the permitted location.

4.98.190 - Notice of Minimum Age for Purchase of Tobacco Products.

Tobacco Retailers shall post conspicuously, at each point of purchase, a notice stating that Selling Tobacco Products to anyone under 21 years of age is illegal and subject to penalties. The form and content of such notic e shall be subject to the approval of the Director.

4.98.200 - Positive Identification Required.

No Tobacco Retailer or other Person shall Sell or offer to Sell a Tobacco Product to another Person without first verifying by means of government -issued ph otographic identification that the recipient is at least the minimum legal sales age required under state law to purchase a Tobacco Product.

4.98.210 - Minimum Age for Individuals Selling Tobacco Products.

No Tobacco Retailer shall allow, at its Retail location, any individual who is younger than 21 years of age to Sell or offer to Sell Tobacco Products.

4.98.220 - Display or Offers to Sell Tobacco Products Without Tobacco Retailer Permit Prohibited.

A Tobacco Retailer without a current valid Permit:

(a) Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a Permit.

(b) Shall not display any advertisement relating to Tobacco Products that of fers the Sale of such products from the Tobacco Retailer’s location.

4.98.230 - Limits on Eligibility for a Permit.

(a) No Tobacco Retailer’s Permit may be issued to authorize Tobacco Retailing at or from other than a fixed location. For example, Sales by Persons on foot or from vehicles or other forms of mobile vending are prohibited.

(b) No Tobacco Retailer’s Permit may be issued to authorize Sales of Tobacco Products at a temporary event, such as flea markets and farmers’ markets.

(c) No new Tobacco Retailer Permit may be issued to authorize Tobacco Product Sales at any location within 1,000 feet of a Youth -Populated Area, as measured by a straight line from the nearest point of the property line o f any parcel on which a Youth-Populated Area is located and an y point along the property line of the parcel on which the Permit applicant has or proposes to locate the business.

(d) No new Tobacco Retailer’s Permit may be issued for a location which i s within 500 feet of a location already occupied by another Tobacco R etailer, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing Tobacco Retailer’s business is located.

(e) Tobacco Retailers with a current and valid Permit as of the date of adoption of this ordinance shall be exempt from subsections (c) and (d) of this Section unless the existing Tobacc o Retailer fails to timely renew the Permit prior to its annual expiration.

(f) The Sale of Tobacco Products and accessories is prohibited in County owned structures and in any area of a structure leased by the County, wherever located.

4.98.240 - Fees for Permit.

Tobacco Retailer s shall pay all applicable fees at t he rates set forth in section

5.64.070 of this ordinance code. Fees shall be used by the Director to administer and enforce this Chapter.

4.98.250 - Enforcement.

(a) The Director or the Director’s designee shall enforce this Chapter consistent with the provisions herein.

(b) Violations of this Chapter may be criminally pr osecuted as infraction(s ) or misdemeanor(s) at the discretion of the prosecuting attorney as the interests of justice require.

4.98.260 - Public Nuisance.

Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures of contained in this Ordinance Code and state law, including but not limited to, an action for abatement or injunctive relief

4.98.270 - Compliance Monitoring.

(a) Compliance with this Chapter shall be monitored by the Director. In addition, any peace officer may enforce the provisions of this Chapter. The Director may designate additional persons to monitor an d facilitate compliance with this Chapter.

(b) Individuals designated to enforce the provisions of this Chapter shall inspect each Tobacco Retailer at least two times during each twelve-month period to determine if the Tobacco Retailer is complying with all applicable laws .

Compliance checks shall t ake place during normal business hours, with or without notice. If a violation has occurred, the Tobacco Retailer shall be inspected again within three months. All permitted premises must be open to inspection by designated persons during regular business hours.

(c) Nothing in th is section shall create a right of action in any Tobacc o Retailer or other person or entity against the County or its agents.

4.98.290 - Suspension or Revocation of Permit.

(a) Grounds for Suspension or Revocation.

(1) A Tobacco Retail er Permit may be suspe nded or revoked, as set forth below in subdivision (b), if any court of a competent jurisdiction determines, or the Director finds, based on a preponderance of the evidence after notice and opportunity for the Tobacco Retailer to be heard, that either of the following violations have occurred:

i. After the Permit was issued it is determined that the Application for the Permit is incomplete or inaccurate.

ii. The Tobacco Retailer or Tobacco Retailer’s agent has violated any of the requirem ents, conditions, or p rohibitions of this Chapter or any applicable local, state, or federal tobacco-related law.

(2) Notwithstanding the foregoing, a Tobacco Retailer Permit shall be suspended or revoked, for the maximum time periods and as set forth in subdivision (b), if any court of competent jurisdiction determines, or the Direc tor finds, based o n a preponderance of evidence and after notice and opportunity for the Tobacco Retailer to be heard, that the Tobacco Retailer , or any agent or employee of the Tobacco Retailer, has Sold Tobacco Products to any Person(s) under the age of 21 years.
(b) Time Period of Suspension of Permit.

(1) Upon the first violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 30 days.

(2) Upon the second violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 90 days.

(3) Upon the third violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to one year.

(4) Upon the fourth violation within any sixty (60) month period, the Permit to Sell Tobacco Products shall be revoked. If a Permit is revoked, the Retailer shall not be eligible for a new Permit for a period of five (5) years after the effective date of revocation.

Within te n (10) calendar days of the hearing, the Director shall issue written findings and an order regarding the suspension or revocation, which order will be effective ten (10) calendar days from the date such order was sent by certified mail to the Retailer, unless a timely appeal is filed in accordance with subsection (d).

(d) Appeal of Suspension or Revocation.

The decision of the Di rector is appealable to the San Mat eo County Licensing Board and the procedural rules of the San Mateo County Li censing Board shal l govern hearings on all appeals of suspensions and revocations.

(1) An appeal must be in writing, be addressed to the Director and be hand- delivered to the offices of the Division of Environmental Health.

(2) An appeal must be received by the Director before t he effective date of suspension or revocation provided by subsection (c) in order to be considered.

(3) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the San Mateo County Licensing Board.

(4) The decision of the San Mateo County Licensing Board shall be a final administrative order, with no further administrative right of appeal.

4.98.300 - Administrative Fine.

(a) Grounds for Fine. A fine shall be imposed on a Tobacco Retailer upon findings made by the Director, based on a preponderance of the evidence, that any Tobacco Retailer , or any agent or employee of the Tobacco Retailer, has violated any of the r equirements, conditions, or prohibitions of this Chapter. A fine shall be impose d in the maximum am ounts set forth in subsection (b) of this section upon findings made by the Director that the Tobacco Re tailer, or any agent or employee of the Tobacco R etailer, has Sold any Tobacco Product to any Person(s) under the age of 21 years . Any administrative fin e shall be imposed solely against the Tobacco Retailer, not the Tobacco Retailer’s employees or agents.

(b) Amount of Fine. Upon written findings made by the Director under subsection (a), the person or entity holding the Tobacco Ret ailer Permit shall be subject to an administrative fine for each such violation as follows:

(1) A fine not exceeding five hundred dollars ($ 500) for a first violation within a sixty (60) month period; and

(2) A fine not exceeding one thousand dollars ( $1,000) for each subsequent violation within a sixty (60) month period.

(c) Each day that Tobacco Products are Sold or offered for Sale without a Permit or otherwise in viol ation of this Chapter shall constitute a separate violation. A finding of "offer ed for Sale" in viola tion of t his Chapter will be made if Tobacco Products are either actually Sold and/or displayed in the retail establishment, or if advertisements offering to Sell Tobacco Products are visible to customers.

(d) Fine Procedures. Notice o f the fine shall be served on the Tobacco Retailer by certified mail. The notice shall contain a description of the facts upon which the asserted violation is based and an advisement of the right to request a hearing before the Director contesting the impo sition of the fine. Said hea ring mu st be requested within ten calendar days of the date appearing on the notice of the fine.

The decision of the Director shall be a final adm inistrative order, with no administrative right of appeal.

(a) Failure to Pay Fine. If a fine imposed p ursuant to this Chapter is not paid within 30 calendar days from the date appearing on the notice of the fine or of the notice of determination of the Dire ctor after the review provided for under subdivision (c) of this Section , the fine may be referred to a collec tion ag ency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any new Permit or renewal of a Permit.

4.98.310 - Enforcement of this Chapter in Cities.

The Director may administer and e nforce the provisions of this Chapter on behalf of any city located within San Mateo County, within the jurisdictional boundaries of that city, if the city council of that city does each of the following:

(a) Adopts, and makes part of its municipal code:

(1) This Chapter 4.98 in its entirety by reference; or

(2) An ordinance that contains each of the provisions of this Chapter 4.98 verbatim with no additional provisions not included in this Chapter 4.98; and

(b) Authorizes, by ordinance or resolution, the Director to administer and enforce, on behalf of that city, the provisions of this Chapter as adopted pursuant to subsection (a) of this section.

SECTION 3. It is the intent of the Board of Supervisors of the County of San Mateo to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any provision of this Chapter or the application of such provision to any person or in any circumst ances shall be held invalid, the remainder of this Chapter, or the application of such provision to person or in circumstances other than those as to which it is held invalid , shall not be affected thereby.

SECTION 4 . Except as otherwise provided, this ordinance shall app ly only t o the unincorporated area of San Mateo County.

SECTION 5. This ordinance shall be effective thirty days after adoption.

SOURCES

1. California Department of Public Health California Tobacco Control Program.

California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016. Available at:

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/2016FactsFiguresWeb.pdf

2. Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021).

Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego.

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/CSTS2019- 20BiennialReport_ADA.pdf

3. Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021).

Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego.

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/CSTS2019- 20BiennialReport_ADA.pdf

4. Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021).

Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego.

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/CSTS2019- 20BiennialReport_ADA.pdf

5. California Department of Public Health, California Tobacco Control Program.

California Tobacco Facts and Figures 2021. Sacramento, CA: California Department of Public Health; November 2021.

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document %20Library/ResearchandEvaluation/FactsandFigures/CaliforniaTobaccoFactsAnd Figures2021-V3A.pdf

6. Xu X, Pesko MF, Tynan MA, Gerzoff RB, Malarcher AM, Pechacek TF. Cigarette price-minimization strategies by U.S. smokers. Am J Prev Med. 2013;44(5):472- 476. doi: 10.1016/j.amepre.2013.01.019.

7. Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighborhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health. 2005;59(7):568-573. doi:

10.1136/jech.2004.029041.

8. Reitzel LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health. 2011;101(2):315-320. doi:

10.2105/AJPH.2010.191676.

9. Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR.

The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction. 2015;110(1):152-161. doi:

10.1111/add.12718.

10. Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239-244. doi: 10.1093/ntr/ntw185.

Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy approaches for tobacco retailer reduction. Prev Med. 2015; 74:67-73. doi:

10.1016/j.ypmed.2015.01.025.

Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi: 10.2105/AJPH.2017.303685.

11. U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA:

U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:

https://www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/.

DiFranza JR. Which interventions against the sale of tobacco to minors can be expected to reduce smoking? Tob Control. 2012;21(4):436-442. doi:

10.1136/tobacco control - 2011-050145.

12. Macinko J, Silver D. Impact of New York City's 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use. Am J Public Health. 2018;108(5):669-675. doi: 10.2105/AJPH.2018.304340.

* * * * *
ORDINANCE NUMBER: 4878
Re
gularly passed and adopted this 23rd day of May, 2023
AYES and in favor of said ordinance:

Super visors: DAVE PINE

NO ELIA CORZO

RAY M UELLER

WARREN SLOCUM
DAVID J. CANEPA
NO
ES and against said ordinance:

Super visors: NONE
Pr esident, Board of Supervisors
County of San Mateo
State of California
Certificate of Delivery
I c
ertify that a copy of the original ordinance filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors.

A ssistant Clerk of the Board of Supervisors
Staff Report – Ordinance Amending Subchapter 4.07 Regulating Signs Page 1 of 3 August 28, 2024

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Farhad Mortazavi APA, City Planner
Lorraine Weiss, APA, Principal Planner
VIA: Daniel Barros, City Manager
DATE: August 28, 2024
SUBJECT: Ordinance Amending Subchapter 4.07 Related to Regulating Signs RE

COMMENDATION
Staff recommends that the City Council introduce of the following:

ORDINANCE AMENDING SUBCHAPTER 4.07 OF THE COLMA MUNICIPAL CODE RELATING TO SIGN REGULATIONS PURSUANT TO CEQA GUIDELINE 15378 AND WAIVE FURTHER READING EX

ECUTIVE SUMMARY
The City Council adopted the Zoning Code Update on February 14, 2024, that became effective on March 15, 2024. As part of the effort for Subchapter 4.07 of the Municipal Code, Regulating Signs, to be consistent with the Zoning Code Update, the Planning Department pursued a revision to the Regulating Signs subchapter. Staff noticed the commercial businesses, shopping centers, car dealerships, and cemeteries to inform them of a lunch meeting held at the Colma Community Center on November 8, 2023. At this meeting, staff introduced this item for discussion in order to present potential changes and elicit input from i nterested parties should they desire modifications to the Town’s Regulating Signs Update.

Staff also contacted various car dealerships and shopping centers managers for their input and feedback regarding this revision.

FISCAL IMPACT
The Sign Ordinance Update is part of the Zoning Code Update Capital Improvement Project which has been continued into 2024-2025 and is anticipated to be adopted in September 2024.

ITEM #6
Staff Report – Ordinance Amending Subchapter 4.07 Regulating Signs Page 2 of 3 August 28, 2024

ENVIRONMENTAL
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(a)(1) as the Sign Ordinance Update is a sign ordinance amendment which is merely moving language around by recodifying existing language and adding new sections .

Moving language, recodifying existing language, and adding new sections, are not activities that have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is therefore, an activity not subject to CEQA.

DISCUSSION
Revisions to the Regulating Sign Subchapter with this Update

This Regulating Signs Subchapter Update incorporates changes to provide a more logical order, and user-friendly document. Many sections of the Regulating Signs Ordinance have been changed in terms of their placement, and some new sections have been added. The new sections would not lead to changes in the environment. For ease of understanding how the Regulating Signs Ordinance has been modified, Staff has prepared a Regulating Signs Ordinance Outline for reference as provided in Attachment 1. This outline provides the proposed section number, title of the section, and indicates whether the section is an existing section with its respective section number or if it is a new section, table and/or map.

While the current Regulating Signs Subchapter has a ‘Definition’ section, some definitions are also found in other parts of this S ubchapter. The proposed revised Subchapter places all definitions related to signage in one location, the ‘Definition’ section 4.07.020.

As stated above, the order of this Subchapter has been modified and some new s ections have been added to the Regulating Signs Update for an improved user -friendly document which includes the following:

• Section 4.07.025, Sign Types
• Section 4.07.060, Table – Sign Regulations for Zoning Districts • Figure 4.07.01 – Updated Auto Sales District

Sign Types, Section 4.07.025
This section provides illustrations of the types of signs permitted in the Regulating Signs Subchapter for a quick visual reference.

Sign Regulations for Zoning District Table in Section 4.07.060 This table provides a quick view for easy reference to see what types of signs, number of signs, sign dimensions, illumination, and special requirements are permitted by zone district.

Figure 4.07.01 – Updated Auto Sales District

This figure has been updated to reflect the updated Auto Sales District in Colma.

Staff Report – Ordinance Amending Subchapter 4.07 Regulating Signs Page 3 of 3 August 28, 2024
Next Steps
The Regulating Signs Update’s second reading and adoption is scheduled for September 25, 2024.

Under this timeline, the Regulating Signs Update would become effective 30 days later, on October 25, 2024.

CONCLUSION
Staff recommends that the City Council introduce and waive the first reading of the Ordinance.

ATTACHMENTS:

A. Sign Ordinance Update Outline
B. Regulating Signs Update (actual text)
C. Regulating Signs Update Ordinance

I
- -
- -
• JI.• 4 II
Regulating Signs Subchapter Outline
The Sign Ordinance chapter, subchapters and sections of the Colma Municipal Code shown in the following table under the column headed “Current” are re-numbered as shown under the column headed “New” in the following table, and the title of each section is amended as shown under the column headed “Title” in the following table. An asterisk (*) after the title represents a new subchapter or section of the Zoning Code.

Table: Re-numbering Table
Current New Title

4.07 Regulating Signs

4.07.010 4.07.010 Purpose

4.07.020 4.07.020 Definitions

4.07.025 Sign Types (new)

4.07.030 Sign Permit Application Requirements

4.07.210 4.07.040 Procedures for Issuance of a Sign Permit

4.07.050 Sign Findings

4.07.060 Sign Regulations for Zoning Districts (new)

4.07.060 Table: Sign Regulations for Zoning Districts (new)

4.07.120 4.07.070 Signs in the “G” Zone

4.07.130 4.07.080 Signs in the “R” Zone

4.07.140 4.07.090 Signs in the “C” Zone

4.07.100 Prohibited Signs in the “C” Zone

4.07.140j 4.07.110 Special Standards for Automobile Service Stations

4.07.140k 4.07.120 Special Standards for Shopping Centers

4.07.140l 4.07.130 Special Standards for Automobile Sales Business Figure

4.07.140

4.07.130 Figure 4.07.01 Auto Sales District

4.07.140m 4.07.140 Special Allowance of Temporary Banner Signs for Businesses Other than Automobile Sales Businesses

4.07.150 4.07.150 Signs in the “P” Zone

4.07.160 4.07.160 Signs in the “E” Zone

4.07.170 4.07.170 Signs in the “PD” Zone

4.07.030 4.07.180 Restrictions Applicable to All Signs

4.07.040 4.07.190 Exempted Signs

4.07.050 4.07.200 Sign Activity for which No Permit is Required

4.07.060 4.07.210 Prohibition of Signs on Public Places and Objects

4.07.070 4.07.220 Permits for Monument Signs and Building Face Signs

4.07.080 4.07.230 Permits for Existing Pole Signs and Roof Signs

4.07.090 4.07.240 Permits for New Pole Signs

4.07.180 4.07.250 Near Freeways

4.07.190 4.07.260 Near Rapid Transit Routes

4.07.200 4.07.270 Inventory and Abatement of Illegal Signs

4.07.100 4.07.275 Renewal of Permits for Pole & Roof Signs

4.07.110 4.07.280 Removal of Signs

4.07.215 4.07.290 Building Permit Required

4.07.220 4.07.300 Temporary Non-Commercial Signs

4.07.230 4.07.310 Severability

ATTACHMENT A
A II • I
Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-1
CHAPTER FOUR: BUSINESS ACTIVITIES
Subchapter 4.07: Regulating Signs

4.07.010 Purpose.
(a) The Town of Colma enacts this subchapter regulating signs to preserve the character of Colma as a city of memorial parks and cemeteries, to preserve the Town’s scenic corridors, to safeguard and enhance property values in the Town’s “G”, “R”, “C”, “P”, “E”, and “PD” zones, to reduce visual clutter, to protect the Town’s natural beauty, to encourage sound planning practices, to ensure the tranquility and peace of mind of visitors to Colma’s cemeteries, and to preserve and enhance the aesthetic, traffic safety and environmental values of the Town. (b) At the same time, it is the Town’s intent to provide for channels of communication to the public and to regulate on the basis of characteristic and proportion of signage. (c) The Town finds as to commercial signage that it is in the interest of both aesthetics and traffic safety that sign information is kept to a minimum. The use of subordinate information in commercial signage, such as telephone numbers, lists of products, pic tures of products, etc., is discouraged, but may be permitted. Where subordinate information exists on commercial signage, the name or use of the business shall be the dominant message on the sign. Subordinate information on commercial signage which presents as a traffic hazard will not be allowed.

Noncommercial signage, which rights are constitutionally broader, is permitted unless expressly prohibited within this chapter.
[
History: formerly § 4.701; ORD. 365, 2/10/88; ORD. 387, 3/8/89; ORD. 560, 9/8/1999; ORD. 638, 12/14/05]

4.07.020 Definitions.

The following definitions shall apply to this Article.
(a) “Antennae sleeve flag” means a flag made out of fabric or plastic attached to a sleeve or tube which is placed over the antennae of an automobile as a means of drawing attention to the vehicle.
(b) “
Area of a Sign” means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary support or uprights on which such sign is placed but including any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. (c) “
Attached to a Building” means supported, in whole or in part, by a building. (d) “Balloon” means any object enlarged or inflated by less than five cubic feet of air or gases.

ATTACHMENT B

Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-2
(e) “Banner” means any sign constructed of fabric or sheeting that is mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days).
(f) “Changeable” means any sign, banner, bunting or inflatable that is used for a short term sales promotion and not intended for permanent display. (g) “Commercial Sign” means any sign with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a product or service for purchase or sale, or to any business or organization that is engaged in, or plans to engage in, the sale or purchase of a product or service.
(h) “Cutout Letter Sign” means a fascia sign consisting of individual cutout letters separately attached to the building wall.
(i) “Directly Illuminated Sign” means a sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light inside or on the sign. (j) “Flag String” means a series of cut pieces of cloth, plastic or other material strung together and mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days). (k) “
Height of a Sign” means the vertical distance from the uppermost point used in measuring the area of a sign, as defined in Section 4.07.020(b), to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street, alley or highway (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.
(l) “Indirectly Illuminated Sign ” means a sign illuminated with a light directed primarily toward it and so shielded that no direct rays from the light are visible elsewhere than on the parcel where the sign is located. If not effectively so shielded, such sign shall be deemed to be a directly illuminated sign.
(m) “Inflatable” means any shaped object enlarged or inflated by more than five cubic feet of air or gases.
(n) “Monument Sign” means any sign the bottom edge of which lies on the ground. A wood supported or wood framed sign which, to avoid soil contact, retains a clearance from the ground of no more than six inch clearance.
(o) “Non-commercial Sign” means any sign that is not a commercial sign. (p) “Non-Illuminated Sign” means any sign which is not artificially illuminated, either directly or indirectly.
(q) “Off-Site Sign” means any sign which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted by elsewhere than on the premises where the sign is located, or which is sold, offered or conducted on such premises only incidentally if at all.

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(r) "On-Site Sign” means any sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted, other than incidentally, on the premises upon which such sign is located or to which it is affixed. Where a number of commodities with different brand names or symbols are sold on the premises, up to 1/3 of the area of an on- site sign, up to 25 square feet, may be devoted to the advertising of one or more of those commodities by brand name or symbol as an accessory function of the on-site sign, and provided also that any limits which may be imposed by this Code on the area of individual signs and the area of all signs on the property are not exceeded. On -site signs shall also include signs which present a non-commercial message.
(s) "Outdoor decorations" means pennants, banners, streamers, ribbons or similar displays used to create a festive atmosphere.
(t) "Pole Sign" mean any sign, no part of which is supported by a building. The sign support shall consist of a pole or sign tower. Regulations for pole signs shall not apply to monument signs. (u) "Projection" means the horizontal distance by which the farthest point used in measuring the area of a sign, as defined in section 4.07.020(b), extends beyond a street property line or a building setback line. A sign placed flat against the wall of a building parallel to a street or alley shall not be deemed to project for purposes of this definition. A sign on an awning or canopy shall be deemed to project to the extent that such sign extends beyond a street property line or a building setback line.
(v) "
Prominent Display Vehicles" means vehicles positioned on platforms, scissor ramps, in a showroom or area of high street visibility in order to attract customers. (w) “Real Estate Sign” means a temporary sign that advertises a building, property, premises, or a portion thereof, offered for sale, rent or lease, and may provide information such as the agent's name, the location of the sales office.
(x) "Sale or Lease Sign" means any sign which serves only to communicate the availability for sale, lease or rental the lot or building on which it is placed, or some part thereof. (y) "Sign" means any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure, including an awning, canopy, marquee or similar appendag e, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark or other representation used as, or in the nature of, any announcement, advertisement, attention-arrester, direction, warning or designation, by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. A “sign” is composed of those elements included in the area of the sign as defined in section 4.07.020(b) of this Code, and in addition the supports, uprights and framework of the display. Except in the case of off- site signs, two or more faces shall be deemed to be a single sign if such faces are contiguous on the same plane, or are placed back -to- back to form a single structure and are at no point more than two feet from one another. (z) "
Sign Field" means the background to which the sign message is contrasted.

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(aa) "Sign Permit" means a permit issued pursuant to section 4.07. 040 to permit applicable signs.
(bb) "Sign Program" means a plan describing overall sign location, type, design, lettering, placement, materials and size standards on a development site or for an entire property or series of properties.
(cc) "Sign Tower" means any tower, whether attached to a building, free -standing, or an integral part of a building, which has a sign attached thereto. (dd) "Street Property Line", for purposes of this subchapter only, mean s any line separating private property from either a street or an alley.
(ee) "Temporary Non -commercial Sign " means any temporary sign with a noncommercial message.
(ff) "Temporary Sign " means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, that is not designed or intended to be placed permanently. (gg) “Under Canopy Sign” means any sign attached under a canopy or soffit of a building so located as to be viewed by pedestrians using the sidewalk fronting the premises. (hh) "Vehicle Price Sign" means any sign painted or affixed to the inside or outside of window of a vehicle advertising the price or features only.
(ii) “Wall Sign” means a sign attached flush to the exterior wall of a building so that copy is meant to be viewed along sight lines perpendicular to the wall of the building. (jj) “Wind Sign” means any sign composed of two or more banners, flags, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.
(kk) “Window Sign” means any sign painted or affixed to the inside or outside of a building window.
[History: formerly § 4.702; ORD. 365, 2/10/88; ORD. 387, 3/08/89; ORD. 466, 5/11/94; ORD, 638, 12/14/05, ORD. 649, 7/12/06; ORD 651, 9/26/06; ORD 759, 5/25/16]

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4.07.025 Sign Types.

The following illustrations are the sign types permitted by this subchapter.

Wall Sign

Under Canopy Sign

Cutout Letter Sign

Window Sign

Pole Sign

Monument Sign
Maximum
ground
clearance of
six (6) inches.
□□
W\ o VYl 's
D D
-
\1\1\ovn's
Vivier
~
□~ □
1::::=W\=o=V>1=
1 s = ::::1 = □
\'V\o\lY\1S
Ki-tCVlB\/1

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4.07.030 Sign Permit Application Requirements.

When a sign permit is required under the provisions of this chapter, the application shall include the following:
(a) A completed application form which may be obtained from the Department of Planning and Building;
(b) The application fee as established by resolution of the City Council; (c) The signed consent of the owner on whose property the sign is to be mounted; (d) Vicinity Map;
(e) Site Plan;
(f) Site Photographs;
(g) A brief description of the work to be done and the sign(s) to be installed including:
1) number of signs proposed and sign types,
2) total proposed sign area (in square feet),
3) proposed sign material(s),
4) proposed letter style,
5) proposed sign colors,
6) sign shape,
7) whether or not the sign is illuminated and if so, type of illumination (internal illumination, back-lit illumination, front-lit letter illumination, logo box illumination, etc.) , and 8) proposed sign installation method (screw mount, hang mount, backer mount , freestanding sign mount, post mount, stud mount, etc.), (h) Photograph(s) of where the sign will be located for all sign types (wall sign, monument sign, awning sign, pole sign, etc.);
(i) Scaled drawing of the sign, project site and applicable building elevations showing the precise location of the sign, and including such designation of the copy as is needed to determine the location, area, and other provisions of this code are met; (j) Proposed sign color and material sample;
(k) If the proposed sign is a wall sign and is mounted on a building face, show the dimensional height of the building and width for the elevation, and the dimensional height of the letters and

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total copy (height by width) on the sign . The wall sign shall be drawn to scale and the scale provided on the drawing;
(l) If the proposed sign is a monument sign, show the dimensional height and width of the monument sign and its base drawn to scale, the dimensional height of the letters and total copy (height by width) on the monument sign, and the location with respect to the street and adjacent buildings. The monument sign shall be drawn to scale and the scale provided on the drawing; and
(m) A statement with the estimated cost of the materials and labor to manufacture and install the sign.
(n) Such other information as t he City Planner or designee may require to secure compliance with this chapter.

Permits for existing pole and roof signs shall be issued in accordance with the standards set forth in section 4.07.230.

4.07.040 Procedure for Issuance of a Sign Permit.
(a) An application for a sign permit shall be made on the Town of Colma Project Application form and be submitted to the Planning Department, along with the information specified in Section 4.07.030 and an application fee which shall be established from time to time by resolution of the City Council of the Town of Colma.
(b) The application shall be reviewed by the Zoning Administrator or designee for completeness. The Zoning Administrator shall notify the applicant when the application is complete.
(c) Notice of the complete application shall be posted on the three official bulletin boards of the Town by the City Clerk for not less than ten (10) days prior to the Zoning Administrator’s decision to approve or deny the application. The notice shall describe the application and give the date and time at which the matter will be decided by the Zoning Administrator. (d) Sign Permit Findings. Findings pursuant to section 4.07.050 shall be made by the Zoning Administrator prior to the issuance of a sign permit.
(e) The Zoning Administrator shall condition any sign permit for pole signs and roof signs, and may condition any sign permit for other signs upon the applicant’s agreement to remove the sign at applicant’s cost upon expiration of the sign permit or any extension thereof. In granting a sign permit, the Zoning Administrator may also impose such conditions as are deemed necessary and desirable to protect the public health, safety and welfare in accordance with the purposes and intent of the General Plan and this subchapter.
(f) A decision of the Zoning Administrator to grant or deny a Sign Permit may be appealed by any interested party to the City Council in accordance with the procedures set forth in section

1.02.140 of the Colma Municipal Code.

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(g) The Zoning Administrator shall also act to approve or deny signs in those cases where approval of signs by the City Council is required by condition of any Use Permit adopted prior to June 12, 1994.
[History: formerly §4.720, ORD. 466, 5/11/94; ORD. 514, 7/9/97; ORD. 521, 12/10/97; ORD. 524, 1/14/98; ORD. 638, 12/14/05; ORD. 706, 3/14/12]

4.07.050 Sign Permit Findings.
(a) Sign Permit Findings. The Zoning Administrator shall approve a sign permit only if the following findings are made:
1) The sign is consistent with the provisions of the General Plan of the Town of Colma. 2) The granting of the sign permit will not be detrimental to the public health, safety or public welfare, or materially injurious to properties or improvements in the vicinity.
3) Existing property uses, large or small, will not be detrimentally affected by the proposed sign.
4) The granting of the sign permit will not constitute a grant of special privilege inconsistent with the limitations imposed by this subchapter on the existing use of properties, large or small, within the Town of Colma.
5) The sign will not constitute a nuisance as to neighboring persons or properties.

4.07.060 Sign Regulations for Zoning Districts.

The table below provides a summary of the sign regulations for zoning districts, including the zone district, land use permitted within the zone, sign type, maximum number of signs, sign dimension maximum, illumination permitted, and special requirements.

Table: Sign Regulations for Zoning Districts

Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
“G” – Golf and
Cemetery.

Any. Monument. One (1) on-
site for each
street
frontage.

Height: 6
feet.

Length: 15
feet.

Indirect
illumination
only.

Sign Permit required.

May not obstruct
sight lines for
motorists, bicyclists,
or pedestrians.

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Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
Attached to
Building.

One (1) on-
site
(includes
Fascia
Sign).

Height may
not extend
above the
attached
building roof
line.

Area: 100
square feet.

Indirect
illumination
only.

Sign Permit required.

May not project
more than 3 feet
from the attached
building; except
awning/ canopy sign
may extend the full
length of the
awning/ canopy, but
not beyond the
street property line.

Fascia. One (1) on-
site.

Height: 24
inches.

Length
limited to
25% of
width of the
attached
building
face.

Indirect
illumination
only.

Sign Permit required.

Other on-site
cemetery
identification.

No
restriction.

Sign Permit required.

May not be moving,
rotating, or
animated.

Pruned/
cultivated
plants.

No
restriction.

Not
permitted.

Sign Permit required.

Roof. Prohibited.

Moving,
rotating, or
animated.

Prohibited.

Pole. Prohibited (except as may be allowed per Section 4.07.070(a)(4)).

Painted
directly on
wall,
window, or
door.

No
restriction.

Not
permitted.

Sign Permit required.

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Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
“R” –
Residential.

Conditionally
Permitted.

Non-
commercial.

One (1) on-
site for each
street
frontage.

Height: 10
feet.

Area: 6
square feet.

Indirect
illumination
only.

Sign Permit required
for conditionally
permitted uses.

Prohibited for single
family residential
properties.

Roof. Prohibited.

Moving,
rotating, or
animated.

Prohibited.

Pole. Prohibited.

Single Family
Residence.

All types. Prohibited except for a real estate sign advertising the sale or rental of the residence.
“C” –
Commercial.

Any except
Shopping
Center or
Automobile
Service
Station.

Attached to
Building.

No
restriction.

Height may
nt extend or
be located
above the
attached
building
roofline.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required.

Fascia. No
restriction.

Height: 36
inches for
buildings up
to 10,000
square feet;
48 inches
for buildings
more than
10,000
square feet.

Length
limited to
75% of
width of the
attached
building
face.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required.

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Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
Under
Canopy.

No
restriction.

Height: 18
inches.

Length: 3
feet.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Monument. One (1) on-
site; except
parcels with
multiple
automobile
franchises
may contain
one (1) per
franchise
located at
least 75
feet apart.

Height: 6
feet.

Length: 15
feet.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required.

May not obstruct
sight lines for
motorists, bicyclists,
or pedestrians
Pole for
freestanding
non-
automobile
service
business on
a commercial
lot (not in a
shopping
center).

One (1) on-
site; except
parcels with
multiple
automobile
franchises
may contain
one (1) per
franchise
located at
least 75
feet apart.

Height: 36
feet.

Area: 300
square feet.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required.

Shopping
Center.

Pole. Determined
by Sign
Program.
75 feet in
height;
except may
be increased
to 103 feet
in height
where
required by
visual
obstructions.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Determined
by Sign
Program.

Sign Program
required for
Shopping Center.

Other. Determined
by Sign
Program.

Determined
by Sign
Program.

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Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
Automobile
Service
Station.

Oil Company. Two (2) on-
site.

Pole height:
36 feet.

Attached to
Building:

Height may
not extend
or be
located
above the
attached
building
roofline.

Total Area:
180 square
feet (not to
exceed 80
square feet
within 10
feet of the
street
property
line).

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required.

Business. No
restriction.

Attached to
Building:

Height may
not extend
or be
located
above the
attached
building
roofline.

Area: 30
square feet
per sign;
180 square
feet total.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required. Any. Temporary
Banner
(other than
Automobile
Sales
Business).

One (1) on-
site.

Height: 4
feet.

Length
limited to
75% of
width of the
attached
building
face.

Not
permitted.

Sign Permit required.

May be displayed for
up to thirty (30) days
per calendar year.

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Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
Roof. Prohibited.

Moving,
rotating, or
animated.

Prohibited; except rotating barber poles and time/ temperature indicators.

Painted
directly on
wall,
window, or
door.

No
restriction.

Indirect
illumination
only as
viewed from
El Camino
Real.

Otherwise, no
restriction.

Sign Permit required
if exceeds 100
square feet in area.

Otherwise, no Sign
Permit required.
“P” – Public. Any. No
restriction.

No
restriction.

Sign Permit required.
“E” –
Executive,
Administrative.

Cemetery,
memorial
park,
floricultural
or
agricultural.

Same as in
‘G’ zone.

Same as in ‘G’ zone.

Medical
Service
Offices and
Professional
Business
Offices
Monument. One (1) on-
site.

Height: 6
feet.

Length: 10
feet.

Indirect
illumination
only.

Sign Permit required.

May not obstruct
sight lines for
motorists, bicyclists,
or pedestrians.

Fascia. One (1) on-
site.

Height: 24
inches.

Length
limited to
25% of
width of the
attached
building
face.

Indirect
illumination
only.

Sign Permit required.

Any. Under
Canopy.

One (1) on-
site per
business.

Height: 18
inches.

Length: 3
feet.

Indirect
illumination
only.

Sign Permit required.

Roof. Prohibited.

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Zone District Land Use
Permitted
Within the
Zone
Sign Type Maximum
Number of
Signs
Sign
Dimension
Maximum
Illumination
Permitted
Special
Requirements
Moving,
rotating, or
animated.

Prohibited.

Pole. Prohibited.

Painted
directly on
wall,
window, or
door.

No
restriction.

Indirect
illumination
only.

Sign Permit required.
“PD” – Planned
Development
Any. Any located
within 660
feet of I-280.

Area: 200
square feet.

No
restriction.

Sign Permit required.

Any located
660 feet or
more from I-
280.

No
restriction.

Sign Permit required.

Roof. Prohibited.

Moving,
rotating, or
animated.

Prohibited.

Pole. Prohibited.

Painted
directly on
wall,
window, or
door.

No
restriction.

Indirect
illumination
only.

Sign Permit required.
“R-S” –
Neighborhood
Residential
Any. All types. Prohibited except for a real estate sign advertising the sale or rental of the residence.

4.07.070 Signs in the G Zone.
(a) The following signs, subject to a sign permit, may be permitted in the G zone:
1) One (1) on-site monument sign for each street frontage of a parcel. The monument sign may be indirectly illuminated or non -illuminated. The height of permitted monument signs shall not exceed six (6) feet, and the length shall not exceed 15 feet. Monument signs shall be located so as not to obscure sight lines for motorists, bicyclists or pedestrians;

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2) One (1) on-site sign attached to a building, indirectly or non -illuminated, with a sign area of 100 square feet or less. On -site signs attached to buildings shall not project more than three feet, except that awning or canopy signs may extend the full length of the awning or canopy, but no further than the street property line. 3) One (1) on-site fascia sign limited in length to a distance equal to 25% of the width of the building face on which it is placed, and in height to 24 inches. 4) On-site signs, other than billboards, identifying a cemetery. Because of the special cemetery nature of the Town of Colma, as well as the “G” Zone being specific to cemeteries, said signs shall be without restrictions as to size, pole, illumination, or number, or as to devices giving times or temperatures; provided, however, that said signs shall be designed and constructed pursuant to design review and approval by the Planning Department of the Town of Colma. (b) Subject to the exemptions set forth in section 4.07. 190, the following signs shall be prohibited in the G Zone:
1) Off-site signs;
2) Roof signs;
3) Wind signs or any sign with a moving, rotating, or otherwise animated part, or any flashing, blinking, fluctuating or other animated light; and 4) Pole signs, except as otherwise permitted by subsection 4.07.070(a)(4). [
History: formerly § 4.7.12; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 400, 08/09/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05; ORD 759, 5/25/16]

4.07.080 Signs in the R Zone.
(a) The following signs, subject to a sign permit, may be allowed for conditionally permitted uses in the R Zone:
1) One (1) non-illuminated sign for each street frontage of the lot, not exceeding a height of ten (10) feet, with an area not exceeding six (6) square feet. (b) The following signs shall be prohibited in the R Zone:
1) Off-site signs;
2) Roof signs;
3) Wind signs, or any sign with a moving, rotating, or otherwise animated part, or any flashing, blinking, fluctuating or other animated light; 4) Pole signs.

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(c) No signs shall be permitted on property used exclusively for single fami ly residential purposes, except one (1) sale or lease sign per parcel as required by state law, and street number signs for public safety purposes.
[History: formerly § 4.713; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.090 Signs in the C Zone.

Sign permits shall be required for all signs in C Zones, other than those signs exempted by sections

4.07.190 and 4.07.200. Subsection (f)(1) and (2) below shall not apply to signs in shopping centers with an approved Sign Program as specified in Section 4.07.120 All other signs in the C Zone shall be subject to the following provisions, conditions, and prohibitions:
(a) Illumination. Any sign may be illuminated or non-illuminated, except signs intended to be viewed from El Camino Real, where illuminated signs are prohibited. a. Height and Extension Above Roof-line.
i. No fascia sign or other sign attached to a building shall extend or be located above the roof-line of the building to which it is attached. ii. Pole signs (freestanding commercial businesses on individual lots). The maximum height for pole signs for commercial businesses not part of a shopping center shall be 36 feet.
iii. No single pole sign may have a sign area greater than 300 square feet. For shopping centers, please see Section 4.07.120 and subsection i below. iv. Pole signs (shopping centers). pole sign height and area in shopping centers are regulated in Section 4.07.120and by an approved Sign Program for the shopping center. Pole signs shall not exceed 75 feet in height, except where special topographic factors require a taller sign, in which case the pole sign may be as tall as 103 feet. If additional height above 103 feet is required to compensate for distance or difference in elevation from primary viewing angles to overcome obstructions to visibility (wires, poles, trees, conforming signs or other property) a comprehensive visual analysis, including visual simulations and necessary environmental review shall be required prior to City Council consideration of a new or amended sign program.
b. Total Sign Area.
i. The total area of all signs on a single parcel shall not exceed two (2) square feet for each linear foot of street frontage.
ii. Properties with multiple frontages shall calculate signage separately for each frontage.

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iii. The overall length of a fascia sign shall not exceed 75% of the width of the building wall on which it is attached. The height of fascia signs shall not exceed 36 inches for buildings up to 10,000 square feet, or 48 inches for buildings larger than 10,000 square feet.
iv. Under canopy signs may be any shape but may not exceed three (3) feet in length or 18 inches in height.
c. Monument Signs. Monument signs shall not be taller than six (6) feet, and shall not be longer than 15 feet. Monument signs shall be placed so as to not obstruct sight lines for motorists, pedestrians or bicyclists.
d. Number of Signs. No parcel shall have more than one (1) pole sign or more than one (1) monument sign; provided, however, that an automobile dealership having more than one distinct franchise on a single parcel shall be entitled to one (1) free- standing sign and one (1) monument sign for each such distinct franchise, subject to the further condition that pole signs on the same parcel be at least 75 feet apart.

4.07.100 Prohibited Signs in the C Zone.

The following signs are prohibited in the C Zone:
(a) Off-Site Signs.
(b) Roof Signs.
(c) Wind Signs.
(d) Moving Parts. No sign shall have or consist of any moving, rotating, or otherwise physically animated part or lights that give the appearance of animation by flashing, blinking or fluctuating, except as follows:
i. Moving or rotating or otherwise physically animated parts may be used for the rotation of barber poles and the indication of time of day and temperature.

4.07.110 Special Standards for Automobile Services Stations.

For automobile service stations, only the following signs may be permitted, subject to the standards in this section and to all other standards in this section 4.07.090.. (a) A maximum of two (2) oil-company signs, which shall not extend above the roof- line if attached to a building, or exceed the maximum height permitted for pole signs in the C zone if freestanding.
(b) The total area of any such signs shall not exceed 180 square feet, and along each street frontage all parts of such a sign or signs that are within ten (10) feet of the street property line shall not exceed 80 square feet in area.

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(c) No such sign shall project beyond any street property line or building setback line. The areas of other permanent and temporary signs as covered in paragraph (d) below shall not be included in the calculation of the areas specified in this paragraph. (d) Other permanent and temporary business signs, not to exceed 30 square feet in area for each such sign or a total of 180 square feet for all such signs on the premises. No such sign shall extend above the roof -line if attached to a building, or in any case project beyond any street property line or building setback line.

4.07.120 Special Standards for Shopping Centers.
(a) Sign Program. Due to the unique sign and advertising requirements of shopping centers, including multiple tenants with limited visibility from public streets, the Town of Colma requires the approval of a Sign Program. The Sign Program will balance the need for patrons to easily locate tenants within the shopping center with appropriately sized signs that are in scale with the buildings in the center and consistent with signage of businesses in the immediate vicinity of the shopping center.
(b) The Sign Program shall identify the following for signs in the shopping center:
(1) Type, size and locations of all signs, existing and proposed. (2)
(3) At the time plans for a shopping center are reviewed by the City Council or prior to the issuance of the first building permit for a shopping center, or for an amendment request to an existing Sign Program, the owner shall submit to the City Planner an application, any applicable fee, and a draft new or amended Sign Program. The Sign Program shall include the following components:
(A) An introduction which shall state the roles and responsibilities of the property owner, shopping center owner/manager, tenants and the Town of Colma in the review, approval, installation, and removal of signs.
(B) Landlord and Tenant Requirements and responsibilities with regard to any signs.
(C) A description of sign sizes and locations for all tenant types (anchor, major, in-line, stand-alone buildings etc.). Size of signs should be graduated in size based on the size of the tenant space.
(D) Shopping center identification signage.
(E) Multi-Tenant pole or monument signs including allowed heights and sizes. (F) Stand-alone pole or monument signs for tenants, including allowed heights and sizes, if any.
(G) Window signage and advertising provisions.

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(H) Under canopy sign sizes and types, if applicable.
(I) Address numbering and emergency contact information signs; (J) Temporary banner types, sizes and locations advertising the center or event solely for the shopping center, if applicable;
(K) Prohibited signs;
(L) General sign construction requirements; and
(M) Diagrams or illustrations of desired sign types.
(c) Findings. Once the draft sign program has been reviewed by the City Planner, the Sign Program shall be reviewed by the City Council. In the review of the Sign Program by the City Council, the City Council shall make the following findings prior to approving the Sign Program or any amendments to an existing Sign Program:
(1) The proposed signs enhance the development, and are in harmony with, and visually related to:
(A) All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.
(B) The buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identified; and (C) Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs.
(2) The sign program accommodates future revisions which may be required due to changes in building tenants; and
(3) The proposed sign program satisfies the intent of this subchapter, in that the sign program complies with all the regulations of this subchapter, except that flexibility is allowed with regard to sign area, number, location, height, or moving parts. Furthe r, to the extent the sign program does not comply with the requirements of this subchapter as to sign area, number, location, height, or moving parts, the proposed sign program enhances the development and more fully accomplishes the objectives of this subchapter.

4.07.130 Special Standards for Automobile Sales Businesses. (a) A Colma Auto Sales District is hereby created in the Town of Colma. The boundaries of Colma Auto Sales District are shown attached in Figure 4.07.01, and may be amended from time to time. Special promotional devices and signs, in addition to permanent signage described in Section 4.07.130, are permitted in the Auto Sales District provided the total area of all signage does not exceed the total square footage permitted on the property.

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(b) Sign Programs are encouraged so that permits for individual signs or changes to signs can be approved administratively.
(c) The following General Provisions shall apply to all promotional devices allowed in the Colma Auto Sales District.

1. All non-rigid items shall be maintained in a safe, taut condition at all times, It is the responsibility of the applicant to assure that the pole, or structure to which a device is attached meets appropriate engineering standards to handle the additional wind load and weight.

2. Devices shall not be affixed to any street light or pole within the City Right of Way. All are subject to immediate removal by the Town of Colma. In a like manner, any item which has been partially detached and is posing a health and safety danger to the p ublic is subject to removal by the Town, if a responsible party is not available at the property to do so.

3. All advertising should, to the extent feasible, use lettering and colors consistent with the permanent signage on the property.

4. Material used for flags, banners or tents shall be made of non - combustible material, or be fire treated, to the satisfaction of the Fire Marshal.

5. Any portion of a promotional device which includes writing or corporate logos is counted as signage, and is included in the total sign area permitted on the property.

6. The use of fluorescent colors is prohibited for all devices discussed in this section, with the exception of vehicle price signs.

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r •1
11 =1 Town Boundary
-· D Parcel Lines
--7 A~eas Subj1ect to Special
Signage Design Guidelines

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7. Signs made of rigid material which include writing or corporate logos and structures and are attached to poles or other structures are considered permanent signage and are subject to approval of a Sign Permit.

8. Changeable flags intended to provide timely information about special promotions or to create a festive appearance are allowed.

These must meet the following standards:
a. Flags may be installed on light posts on the property. First priority must be given to placement on the light posts
nearest the sidewalk to minimize visual clutter; however these devices may also be installed on interior light posts. b. Flags should not exceed a horizontal dimension exceeding one-third (1/3) the height of the pole to which they are attached. Even though the size is standardized by the
manufacturer, the location on the light pole should be
uniform to avoid a haphazard appearance; generally bases should be no lower than 8 feet to minimize vandal ism and the top no higher than 20 feet to avoid interference with pole signs on the property or in the vicinity.
c. Flags must be limited to a uniform color and design; one dominant color should be selected for use at any single property.
d. Flags shall be replaced after six months use to avoid a faded or wind tattered appearance. Any faded or damaged flags shall be removed immediately.

9. Changeable Antennae sleeve flags placed on the antennas of vehicles parked in the sales lot are allowed. Antennae sleeve flags must be of a uniform color and design and placed only on the prominent display vehicles, not to exceed one third of the total outdoor inventory on the lot.

10. Changeable Banners and Flag Strings made of non -rigid material are allowed. Signs made of rigid material that are attached to poles or the building is considered permanent signage and are subject to approval by the Planning Department. Changeable banners should meet the following standards:
a. The total number of banners displayed by a dealership at any given time shall be limited to no more than three.

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b. Flag strings should be mounted at least eight feet above grade to avoid vandalism and pedestrian conflicts and no higher than 20’ in order to avoid conflicts with pole signs.

Flag strings shall be replaced after six months use to avoid a faded or wind tattered appearance.

11. Inflatables are permitted on a limited basis. Inflatables should meet the following standards:
a. Inflatables may only be displayed for a period not to exceed sixty days per calendar year.
b. The total number of inflatables displayed by a dealership at any given time shall be limited to one.
c. Inflatables are allowed to be ground mounted so long as they do not block any required parking, access aisles or required fire lanes.
d. Inflatables are allowed to be roof mounted provided that the top of the inflatable does not exceed the maximum height in the Commercial Zone of 40’ above grade, as measured
from the grade directly below the inflatable and the top of the inflatable.

12. Temporary Outdoor decorations are allowed. Balloons, pennants, streamers or similar outdoor decorations may be displayed at the special event only for a time duration .

13. Vehicle Price Signs are permitted.

14. Window Signs are permitted on the windows of the main building(s) provided the total sign area does not occupy more than one -third of the window area on any given building face.

4.07.140 Special Allowance of Temporary Banner Signs for Businesses Other than Automobile Sales Businesses.
(a) Notwithstanding anything to the contrary in this Section 4.07.140, each business located in the C Zone may display one temporary banner sign on the property where the business is located, provided that all other requirements of this subchapter are met, for up to thirty (30) days per calendar year, pursuant to a temporary banner sign permit applied for and issued as set forth below. Illumination of temporary banner signs is prohibited. (b) An application and fees for a temporary banner sign permit shall be submitted on the form prescribed by the City Planner with written consent of the property owner or its agent (c)
Temporary Banner Sign Permit Findings. The application may be granted by the Zoning Administrator, without a public hearing, only upon making each of the following findings:

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(1) The sign is consistent with the provisions of the General Plan of the Town of Colma. (2) The granting of the sign permit will not be detrimental to the public health safety or public welfare, or materially injurious to properties or improvement in the vicinity.
(3) Existing property uses, large or small, will not be detrimentally affected by the proposed sign.
(4) The granting of the sign permit will not constitute a grant of special privilege inconsistent with the limitations imposed by this subchapter on the existing use of properties, large or small, within the Town of Colma.
(5) The sign will not constitute a nuisance as to neighboring persons or properties. (d) A decision to grant/deny a Temporary Banner Sign Permit cannot be appealed. (e) The display of a temporary banner sign for any period of time on any given day, regardless of how short, shall count as one day for purposes of determining the thirty day allowance. (f) For purposes of this section, Temporary Banner Sign means any sign constructed of fabric, sheeting or similar material, not exceeding four (4) feet in height or 75% of the business frontage in width, that is mounted between two poles or attached to an existing structure by two or more edges.
(g) This section shall not apply to automobile sales businesses or the Auto Sales District as defined in this subchapter.
[History: formerly § 4.714, ORD. 365, 2/10/88; ORD. 387, 3/08/89; ORD. 400, 8/09/89; ORD. 466, 5/11/94; ORD. 551, 4/14/1999; ORD. 638, 12/14/05; ORD. 713, 10/10/12; ORD. 722, 6/12/13; ORD. 771, 4/12/17]

4.07.150 Signs in the P Zone.
(a) No off-site signs shall be permitted in the P Zones. (b) When considering an application for a sign permit in a P Zone, the City Planner shall take into account the nature of the property and its use, the functional necessity for the sign, the proposed size, location, and design of the sign, the degree of its harmony with the public purposes of the property and with the surrounding area, and the restrictions of this Code for signs in other districts.
[
History: formerly § 4.715; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.160 Signs in the E Zone.
(a) The following signs may be allowed in the E Zone, subject to a sign permit:

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1) For cemetery, memorial park, floricultural and agricultural uses any sign which complies with the requirements of section 4.07.070.
2) For Medical Service Offices and Professional Business Offices:
(A) One monument sign, indirectly illuminated or non -illuminated, no taller than six feet and no longer than ten feet. Monument signs shall be located so as not to obstruct sight lines for motorists, bicyclists or pedestrians. (B) One fascia sign, indirectly illuminated or non-illuminated, limited in length to 25% of the width of the building face on which it is placed, and in height to 24 inches.
(C) One under-canopy sign, indirectly illuminated or non -illuminated, for each business. Under canopy signs may be any shape but may not exceed three feet in length or eighteen inches in height.
(b) The following signs are prohibited in the E Zone:
(1) For cemetery, memorial park, floricultural and agricultural uses, those signs prohibited by section 4.07.070(b).
(2) For Medical Service Offices and Professional Business Offices:
(A) Off-site signs;
(B) Roof signs;
(C) Wind signs; and
(D) Pole signs.
[
History: formerly § 4.716; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.170 Signs in the PD Zone.
(a) No off-site, roof, wind or pole signs shall be permitted in the PD Zones. (b) In considering an application for a sign permit in a PD Zone, the City Planner shall take into account the nature of the property and its use and the restrictions of this Code for signs in districts zoned for similar use.
[History: formerly § 4.717; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.180 Restrictions Applicable to all Signs.

The following restrictions shall apply in all zones:

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(a) Lighted signs shall be fitted with a device so that light intensity can be adjusted. (b) No exposed conduit, tubing or raceways shall be permitted. (c) No flashing lights shall be permitted.
(d) Signs are prohibited on single -family residential properties in any zone , except for a real estate sign advertising the sale or rental of the residence . [History: formerly § 4.703; ORD. 365, 2/10/88; ORD. 387, 3/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.190 Exempted Signs.

Nothing in this subchapter shall apply to any of the following signs that are necessary to protect pedestrians, drivers, and passengers by providing traffic control, directions, house numbers, and other warning signs to ensure public safety on the road and the general welfare of the Town:
(a) Official public notices, and notices posted by public officers in performance of their duties; (b) Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; and
(c) House numbers, whether illuminated or not, “no trespassing,” “no parking,” and other warning signs.
[History: formerly § 4.704; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 638, 12/14/05; ORD. 649, 7/12/06; ORD. 651, 9/26/06; ORD. 759, 5/25/16]

4.07.200 Sign Activity for which No Permit is Required. (a) Signs Painted Directly on Walls or Windows in C Zones. No sign permit shall be required under this Code for a sign (i) painted or repainted directly on a door or window in a C Zone, or (ii) painted or repainted directly on a wall of a building or structure in a C Zone and not exceeding 100 square feet in area. Permits shall be required for all other painted signs in C Zones, and for all signs painted or repainted directly on a wall or window in G, R, I, P, E and PD Zones. Repainting of any painted sign shal l be deemed to be a replacement of the sign, except as provided in subsection (d) below. Painted wall, window, and door signs and illumination of these signs outside of the C Zone shall be prohibited.
(b) Ordinary Maintenance and Repair. Except as provided in subsection (a) above, no permit shall be required under this subchapter for ordinary maintenance and minor repairs which do not involve replacement, alteration, reconstruction, relocation, intensification or expansion of the sign.
(c) Sales or Lease Signs; Signs at Construction Sites . No permit shall be required under this Code for sale or lease signs pursuant to existing requirements in state law, or temporary signs of

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persons and firms connected with work on buildings under actual construction or alteration, to the extent that such signs are permitted by this Code.
(d) Mere Change of Copy. A mere change of copy on a sign the customary use of which involves frequent and periodic changes of copy shall not be subject to the permit requirements of section 4.07.220, 4.07.240, 4.07.275, or 4.07.280, except that a change of an off-site sign to an on-site sign or from an on -site sign to an off -site sign shall in itself constitute a new sign subject to the provisions of sections 4.07. 230 through 4.07. 280. In the case of signs the customary use of which does not involve frequent and periodic changes of copy, a change of copy shall in itself constitute a new sign subject to the provisions of sections 4.07. 220 through

4.07.275, if the new copy concerns a different person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, activity or industry. (e) Nothing in this subchapter shall be deemed to permit any use of property that is otherwise prohibited by this Code, or to permit any sign that is prohibited by the regulations of any special sign district that may be established in the Town of Colma, or the standards or procedures of any other Code or legal restriction.
(f)
Non-Commercial. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political or other non-commercial message shall be permitted’ wherever commercial signage is permitted. [History: formerly § 4.705; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 560, 9/8/1999; ORD. 638, 12/14/05; ORD 759, 5/25/16]

4.07.210 Prohibition of Signs on Public Places and Objects. (a) Notwithstanding any other provision of this subchapter, no person shall erect, affix or mark any sign on public property. For purposes of this section, public property includes, without limitation, public buildings and structures, public utility poles, wires and structures, traffic signs, mass transit buildings and structures, and public streets and sidewalks. (b) Any sign posted in contravention of paragraph (a) above may be removed by the Police Department without notice. The person responsible for the sign shall be liable to the Town of Colma for the costs of removal.
[
History: formerly § 4.706; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 638, 12/14/05]

4.07.220 Permits for Monument Signs and Building Face Signs. (a) No sign shall be erected, placed, replaced, moved, changed, reconstructed or relocated on any property, intensified in illumination or otherwise, or expanded in area or in any dimension except in conformity with this subchapter. To ensure compliance with t his subchapter, no sign may be erected, placed, replaced, moved, changed, constructed, or relocated to any property, intensified in illumination, or otherwise, or expanded in area or any dimension until a sign permit has been granted for that sign accordin g to the procedures and standards set forth in section 4.07.040.

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(b) Each application for a sign permit shall be accompanied by a scale drawing of the sign, the project site and applicable building elevations showing the precise location of the sign, and including (except in the case of a sign the customary use of which involves frequent and periodic changes of copy) such designation of the copy as is needed to determine that the location, area and other provisions of this Code are met. [History: formerly § 4.707 ; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.230 Permits for Existing Pole Signs and Roof Signs. (a) In recognition of major commercial developments in the Town of Colma such as the Serra Center and the 280 Metro Center, and the need of those developments to establish themselves in the marketplace, and in order to balance those needs against Colma’s aesthetic and traffic safety interests, special provisions are hereby established for existing pole signs and roof signs.
(b) No pole sign or roof sign may exist without a sign permit. Within 90 days of the effective date of the ordinance enacting this subchapter, owners of any pole sign or roof sign shall apply for a sign permit for such signs. Any pole sign or roof sign in exis tence on the effective date of the ordinance enacting this subchapter for which a sign permit is not timely obtained shall be considered a non -conforming use, subject to removal pursuant to section 4.07.110.
(c) Permits for pole signs and roof signs shall be good for a period of five years only. 1) Applied for in accordance with the sign permit application requirements set forth in section 4.07. 180 and in accordance with the standards set forth in section

4.07.230.
[
History: formerly § 4.708; ORD. 365, 2/10/88; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.240 Permits for New Pole Signs.

No new pole sign shall be erected, placed, replaced, moved, changed, reconstructed or relocated on any property, intensified in illumination or otherwise, or expanded in area or in any dimension after the effective date of the ordinance enacting this subchapter until a sign permit has been granted for that sign according to the procedures set forth in section 4.07.040 [History: formerly § 4.709; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05; ORD. 722, 6/12/13]

4.07.250 Near Freeways.
(a) Subject to the restrictions imposed by the Outdoor Advertising Act (Business and Professions Code sections 5200 - 5486) on signs within 660 feet of the right-of-way of Intersection 280, no off-site sign, and no other sign exceeding 200 square feet in area, shall be located after the date of determination and designation of the route of a freeway so that it is primaril y to be viewed by persons traveling on any portion of such freeway.

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(b) On-site signs not exceeding 200 square feet in area which are permitted by this section and are primarily to be viewed by persons traveling on any portion of a freeway shall, regardless of any other provision of this code, be limited to signs which designate the name of the owner or occupant of the premises upon which the sign is placed, or which identify such premises, or which direct attention to activities conducted, goods manufactured or produced, or services rendered, on the property upon which the sign is placed.
[History: formerly § 4.718; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.260 Near Rapid Transit Routes.
(a) No sign exceeding 200 square feet in area, shall be located after the date of determination and designation of the route, or portion thereof, of the Bay Area Rapid Transit District or other rapid transit line, wherever such route or portion thereof is other than underground, so that the sign is primarily to be viewed by persons traveling on any such route or portion thereof. [History: formerly § 4.719; ORD. 365, 2/10/88; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.270 Inventory and Abatement of Illegal Signs.
(a) In accordance with Business and Professions Code sections 5491.1 and 5499.1-5499.16, on-premises advertising displays shall be inventoried and abated as set forth in this section. (b) For purposes of this section, the following definitions shall apply:
(1) “Illegal on-premises advertising display” means any of the following:
(A) An on-premises advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.
(B) An on-premises advertising display that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of not less than 90 days.
(C) An on-premises advertising display that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired and conformance has not been accomplished. (D) An on-premises advertising display which is a danger to the public or is unsafe.
(E) An on-premises advertising display which is a traffic hazard not created by relocation of streets or highways or by acts of the city or county.

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2) “On-premises advertising display” means a sign designed, constructed, created, engineered, intended, or used for any of the following purposes:
(A) To designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located. (B) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.
3) The enforcement officer shall be the City Planner of the Town of Colma. (c) The enforcement officer shall create an inventory of all illegal on -premises advertising displays as defined in section 4.07.270(b)(1) above.
(d) By resolution, the City Council may declare illegal on-premises advertising displays public nuisances. The resolution shall describe the property upon which the nuisance exists by lot and block number according to the county assessment map, and by its street address, if known. Any number of parcels may be included in one resolution.
(e) at least 10 days before adoption of the resolution, the city clerk shall send written notice to all assessed owners of the property described in the resolution, as shown by the last equalized assessment roll. The notice shall state the date, time, and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display. (f) After adoption of the resolution declaring the illegal display a nuisance, the enforcement officer shall cause notice of the resolution and of an opportunity to lodge objections to be conspicuously posted on or in front of the property on which the display exists. The posted notice shall be substantially in the following form:

NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that on the day of , 20__ the City Council of the Town of Colma adopted a resolution declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk.

All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the Town of Colma to be held on the ____ day of __________, at the hour of 7: 00 p.m., City Council Chambers, 1198 El Camino Real, Colma, California, when their objections will be heard and given due consideration.

Dated this ____________ day of _____________, 20___.

City Clerk

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Town of Colma
This notice shall be posted at least 10 days before the date for hearing objections. The City Clerk shall also mail this notice 10 days before the hearing of objections to each person on whom the described property is assessed in the last equalized assessment roll available or the date the City Council adopted the resolution.
(g) At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on-premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the heari ng, the City Council shall allow or overrule any objections. At that time, the City Council acquires jurisdiction to proceed and perform the work of removal. The decision of the City Council is final. If objections have not been made or after the City Council has disposed of those made, it shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution.
(h) The enforcement officer may enter private property to abate the nuisance. (i) Before the enforcement officer arrives, any property owner may remove the illegal on - premises advertising display at the owner’s own expense.

Nevertheless, in any case in which an order to abate is issued, the City Council, by motion or resolution, may further order that a special assessment and lien shall be limited to the costs incurred by the Town in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs. (j) The enforcement officer shall keep an account of the cost of abatement of an illegal on - premises advertising display in front of or on each separate parcel of property where the work is done by him or her. He or she shall submit to the City Council for confirmation an itemized written report showing that cost.

A copy of the report shall be posted for at least three days, prior to its submission to the City Council, on or near the chamber door of the City Council, with notice of the time of submission.

At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.
(k) Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded on the basis of competitive bids let to the lowest responsible bidder. In that event, the contractor shall keep the account and submit the itemized writt en report for each separate parcel of property required by paragraph (j) above. (l) The cost of abatement in front of or upon each parcel of property, and the cost incurred by the Town in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs, is a special asse ssment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the county recorder.

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(m) The cost of abatement shall be collected in accordance with Business and Professions Code, sections 5499.12-5499.15.
[History: formerly § 4.720; ORD. 387, 03/08/89; ORD. 466, 5/11/94; ORD, 638, 12/14/05]

4.07.275 Renewal of Permits for Pole and Roof Signs.
(a) At the end of five (5) years of initial permit, permits for pole and roof signs shall be automatically renewed to the last day of the calendar year, and thereafter shall be automatically renewed for each successive calendar year, unless the City Council decides not to renew as provided in subparagraph (b) below.
(b) The City Council may, prior to the renewal of any pole or roof sign permit, hold a hearing to consider whether renewal of such pole or roof sign permit is in the best interests of the Town. A decision not to renew a sign permit for a pole or roof sign shall require that the City Council make the following findings:
(1) The sign is incompatible with the design of surrounding structures; and (2) The continued existence of the sign will conflict with the orderly development of the Town.
(c) The holder of the sign permit shall be advised of the City Council’s intent to consider whether renewal of the permit shall be disallowed by written notification at least ten (10) days prior to the City Council hearing.
(d) If the City Council decides not to renew the sign permit, the sign shall be removed by the permit holder or the owner of the property on which the sign is located no later than March 31 next following the Council’s decision. Thereafter the sign shall be de emed an illegal nuisance and may be abated as an illegal sign as provided in section 4. 07.270 below.
[
History: formerly § 4.710; ORD. 387, 3/8/89; ORD. 466, 5/11/94; ORD. 638, 12/14/05]

4.07.280 Removal of Signs.
(a) The following on -premises signs may be declared nuisances and removed without payment of compensation to the owner:
(1) On-premises signs which are not designed, constructed, created or which do not conform to this code;
(2) On-premises signs which were erected without full compliance with laws in effect at the time of erection;
(3) On-premises signs which have been abandoned; i.e., which have remained in place for a period of at least 90 days during which time they have not advertised a business, product, service, or activity conducted on the premises where they are located;

Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-33
(4) On-premises signs, more than 50 percent of which have been destroyed and which cannot be repaired in 30 days;
(5) Any sign whose owner, outside of a change of copy, requests permission to remodel and remodels that sign, or expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds 50 percent of the cost of reconstruction of the building;
(6) Any on-premises sign relocated by the owner;
(7) Any on-premises sign subject to an agreement of removal between the owner and the Town of Colma;
(8) Any on-premises sign which is or may become a danger to the public, or is unsafe; (9) Any on-premises sign which is a traffic hazard;
(10) Any on-premises sign which is located in a “planned commercial district” as that term is defined in Business and Professions Code section 5498; (11) On-premises signs in areas listed or eligible for listing on the National Register of Historic Places, or areas registered by the Department of Parks and Recreation as state historical landmarks, or points of historical interest, pursuant to section 5021 of the Public Resources Code;
(12) On-premises signs in areas designated historic zones pursuant to Government Code sections 50280 et seq.
(13) Any “illegal on-premises advertising display” (as that term is defined in Business and Professions Code section 5499.1(a) and section 4.07.2 70(b)(1) of this Code) which may be removed according to the procedures set forth in Business and Professions Code sections 5.499.1-5.499.16 and section 4.07.270 of this Code. (b) The following off- premises signs may be declared nuisances and removed without payment of compensation:
(1) Off-premises signs which were erected without full compliance with laws in effect at the time of erection;
(2) Off-premises signs which are unsafe; and
(3) Off-premises signs which present a traffic hazard.
(c) Before the City Council elects to abate a sign for which payment of compensation is required by either section 5412 or 5491 of the Business and Professions Code, the City Planner shall attempt to negotiate with the owner of the sign a fair sum to be paid by the Town of Colma to the owner. If the Town of Colma and the owner cannot agree on the compensation to be paid, the City Council may then proceed to remove the sign according

Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-34
to the procedures specified in Business and Professions Code, Division 3, Chapter 2, Article

7. [History: formerly § 4.7.11; ORD. 387, 03/08/89; ORD, 466, 5/11/94; ORD. 638, 12/14/05]

4.07.290 Building Permit Required.

No person shall construct, enlarge, alter, move, demolish, convert, occupy, equip, use, or maintain any structure with a sign without first obtaining a building permit issued by the Building Official. Each such sign shall be constructed in accordance with the applicable provisions of the Building Codes as set forth in Chapter Five, Subchapter Four of the Colma Municipal Code.

4.07.300 Temporary Non-Commercial Signs.
(a) In order to strike a balance between, on the one hand, the need to maintain an expressive forum for speech, and on the other hand, to reduce visual blight within the Town of Colma, maintain the Town’s cleanliness and aesthetics and maintain public safety, the City Council of the Town of Colma finds that regulations governing the placement of temporary noncommercial signs and the removal of all abandoned temporary non-commercial signs is necessary to promote the Town’s aesthetics, public safety and the health and welfare of its citizens. Specifically, but without limitation, the City Council finds that:
1) Although temporary non -commercial signs provide an important and economic method of expressing temporary non -commercial and protected speech, they can also create visual, aesthetic and safety impacts that have a deleterious effect on the community.
2) Many times temporary non -commercial signs are placed in areas that conflict with traffic signals and devices or are placed on structures located in the public right -of- way. Prohibition of temporary non -commercial signs on public street medians, bridges, public utility box or any poles used for public utility, traffic control signs, traffic signals, or street signs is necessary to: prevent visual distractions to motorists which create traffic hazards, prevent unsafe road conditions, and to prevent eyesores from proliferating along public streets.
3) Temporary non-commercial signs placed on private property are sometimes left for months, sometimes years. These abandoned temporary non -commercial signs detract from the positive visual image of the community, and the community’s redevelopment efforts and also have a tendency to attract the placement of additional temporary signs and result in unattractive sign clutter. 4) Regulation of the size of temporary non-commercial signs is necessary for safety and aesthetic reasons, specifically, that the strong winds common in Colma would remove the signs, creating hazards and accumulation of debris, and extremely large or illuminated signs would create a distraction to motorists. (b)
No Permit Required. A Sign Permit is not required for any temporary non-commercial sign erected, installed or maintained in conformity with this subchaptere. No person shall construct,

Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-35
enlarge, alter, move demolish, convert, occupy, equip, use, or maintain any structure with a temporary sign without first obtaining a building permit issued by the Building Official. Each such temporary sign shall be constructed in accordance with the applicable provisions of the Building Codes set forth in Subchapter Four of Chapter Five of the Colma Municipal Code. (c) Public Property.
(1) Except as provided in the next paragraph, no person may erect, affix, mark or maintain any temporary non-commercial sign on public property or within a public right- of-way, including but not limited to, public buildings and structures; public utility poles , wires and structures; traffic signs; public streets and sidewalks; and public parks. (2) The City Manager may designate public areas for non -commercial signs to be erected, installed or maintained, provided that the sign shall not exceed thirty-two square feet in area and shall be affixed to the ground.
(d) Private Property. A temporary non-commercial sign shall be not be erected, installed or maintained on private property, or on public property lawfully occupied by a private user, except in accordance with the following standards:
(1) Permission to erect, install or maintain a temporary non-commercial sign shall first have been obtained from the owner, owner’s representative, le ssee or tenant of said property;
(2) A temporary non-commercial sign shall not be erected, installed or maintained on the roof of a building;
(3) A temporary non -commercial sign placed in residential zoning districts shall be no larger than four (4) square feet; and
(4) A temporary non-commercial sign placed in zoning districts other than residential shall be no larger than sixteen square feet.
(e) Nuisance. Any temporary non-commercial sign that is in violation of this section shall be deemed a public nuisance, and the Code Enforcement Officer may order the owner of the property, and/or the owner of the sign , to remove the sign and abate the nuisance. The Town shall also have the authority to remove said sign in accordance with this section. (f) Removal of Temporary Non-commercial Signs in Violation of this Subchapter 1) A temporary non -commercial sign that is in violation of this section, is located on private property and has not been removed by the owner of the property, and/or the owner of the sign , after the owner has been provided with written notification to remove such sign, the reasons for the requested removal and a reasonable opportunity to remove the sign, may be removed by the Town.
2) A temporary non-commercial sign that is posted on public property or in the public right-of-way in violation of this section may be removed summarily by the Town at any time.

Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-36
(g) Removal of Temporary Non-commercial Signs After Event. 1) Each temporary non-commercial sign shall be removed after any event to which they relate by the owner of the property, or owner of the sign . Temporary non -commercial signs remaining more than ten (10) days after any event to which they relate shall be deemed abandoned and a nuisance, and may be summarily removed by the Town after giving the owner of the property, or owner of the sign, written notification to remove such sign, the reasons for the requested removal and a reasonable opportunity to remove the sign.
2) Temporary non-commercial signs posted on public property or in the public right -of- way remaining after any event to which they relate may be summarily removed by the Town at any time.
3) Temporary non-commercial signs on vacant parcels remaining more than ten (10) days after any event to which they relate shall be deemed abandoned and may be summarily removed by the Town.
(h) Post Removal and Claim Procedures.
1) Upon removal of any temporary non -commercial sign by the Town, such signs shall be taken to the Town Corporation Yard for temporary storage. The Town shall keep an itemized account of the actual costs incurred in removing such signs, including incidental expenses. Incidental expenses shall include, but not be limited to, the cost of any rental equipment required for removal of the sign, administrative c osts incurred to notify the property owner, or any candidate or committee responsible and any storage costs. 2) The Town shall provide written notification of its removal of a temporary non - commercial sign to any candidate, candidate’s committee, or ballot measure committee responsible for its placement. The written notification shall inform that said sign has been removed and is available for pick-up at the Town’s Corporation Yard. All temporary non- commercial signs removed shall be stored in the Town Corporation Yard and may be destroyed by the Town if not claimed within fifteen (15) days of the written notific ation to the candidate, candidate’s committee, or ballot measure committee. For purposes of this subsection, notification shall be deemed to have been provided upon the delivery of the notification letter addressed to the candidate, candidate’s committee, or ballot measure committee to the United States Post Office.
3) Any person claiming a sign so removed by the Town may have the sign released upon the payment of any fees incurred for removal of such sign. Signs not picked -up within fifteen (15) days of notification shall be destroyed and the responsible owner of the property, or any candidate, candidate’s committee or ballot measure committee shall be billed for the actual costs of the removal. The Town may recoup such costs by any reasonable means available.
i) Appeal Procedures.
1) Any person aggrieved by any action of the Town, may appeal such action, in writing, to the City Council within five (5) days of any written notification by the Town of the

Regulating Signs Colma Municipal Code
(draft May 2024) Page 4.07-37
impending removal of a sign or summary removal. The appeal shall be submitted to the City Clerk and shall state the reasons for the requested appeal. 2) Upon receipt of an appeal, the City Clerk shall schedule the matter for hearing at the next available City Council hearing for which a quorum is present. The City Clerk shall provide the appellant with written notice concerning the hearing date and time.

The City Council shall determine the appeal at a hearing held on the appointed date and time. The decision of the City Council on the matter shall be final unless appealed to a court of competent jurisdiction. Any such appeal shall be processed by the Town in accordance with California Code of Civil Procedure §1094.8, or its successor statute or regulation.
[
History: ORD. 649, 7/12/06, ORD, 651, 9/26/06; ORD. 738, 1/14/15; ORD 759, 5/25/16]

4.07.310 Severability
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this subchapter.
[ORD 759, 5/25/16]
SUPPLMENTAL MATERIAL: ITEM #6 - SIGN ORDINANCE
Ord. XX, Amending Subchapter 4.07 – Regulating Signs Page 1 of 3 ORDINANCE NO. XX

OF THE CITY COUNCIL OF THE TOWN OF COLMA
ORDINANCE AMENDING SUBCHAPTER 4.07 OF THE COLMA MUNICIPAL

CODE RELATING TO SIGN REGULATIONS PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby ordain as follows:

ARTICLE 1. RECITALS.

The City Council of the Town of Colma finds:
(a) Pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the Town and its residents; and
(b) The City Council wishes to amend and update the Town’s sign regulations codified at Subchapter 4.07 of Chapter 4 (Business Activities) of the Colma Municipal Code to ensure consistency with the Town’s Zoning Code ( Zoning Code Update ), which was adopted on February 14, 2024 (“Zoning Code Update”); and
(c) This Sign Ordinance Update will amend Subchapter 4.07 to modify the order of the sections and new portions to include Section 4.07.026, Sign Types, Section 4.07.060, Table – Sign Regulations for Zoning Districts, and Figure 4.07.01 – Updated Auto Sales District of Chapter 4 (Business Activities) of the Colma Municipal Code; and (d) The Sign Code Update is necessary to ensure consistency with the Town of Colma Zoning Code; and
(e) The City Council conducted a duly noticed public hearing on August 28, 2024, at which time the City Council fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing; and
(f) All legal prerequisites to the adoption of this Ordinance have occurred.

ARTICLE 2. INCORPORATION OF RECITALS.

The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

ATTACHMENT C

Ord. XX, Amending Subchapter 4.07 – Regulating Signs Page 2 of 3

ARTICLE 3. AMENDMENT.

The Colma Municipal Code Subchapter 4.07 is hereby amended as set forth in the attached Exhibit “A,” incorporated by this reference and 4.07 of Chapter 4 (Business Activities) of the Colma Municipal Code and staff is directed to make corresponding changes to any table of contents to the Municipal Code.

ARTICLE 4. SEVERABILITY. Each of the provisions of this Ordinance is severable from all other provisions. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

ARTICLE 5. CEQA. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(a)(1) as the Sign Ordinance Update is a sign ordinance amendment which is merely moving language around by recodifying existing language and adding new sections. Moving language, recodifying existing language, and adding new sections that are not anticipated to change the environment , are not activit ies that have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is therefore, an activity not subject to CEQA.

ARTICLE 6. EFFECTIVE DATE. This Ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.

Ord. XX, Amending Subchapter 4.07 – Regulating Signs Page 3 of 3 I
certify that the foregoing Ordinance No. XX was duly introduced at a regular meeting of the City Council of the Town of Colma held on August 28, 2024 and duly adopted at a regular meeting of said City Council held on September 25, 2024 Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor
Ken Gonzalez, Vice Mayor
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Voting Tally
D
ated ______________________ ____________________________________ John Irish Goodwin, Mayor
At
test: _____________________________
Michelle Estabillo, City Clerk

Staff Report re: League of CA Cities Voting Delegate 2024 Page 1 of 2

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Michelle Estabillo, City Clerk
VIA: Dan Barros, City Manager
MEETING DATE: August 28, 2024
SUBJECT: League of California Cities Conference Voting Delegate

RECOMMENDATION
Staff recommends that the City Council make the following motion:

MOTION TO APPOINT A VOTING DELEGATE AND UP TO TWO ALTERNATES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES 2024 ANNUAL CONFERENCE

EXECUTIVE SUMMARY
This year’s League of California Cities Annual Conference will be held October 16 – October 18, 2024 in Long Beach, CA. The final day of the conference includes the annual business meeting, where League membership considers and acts on resolutions that establish League policy. The Council should designate a voting delegate to take part in the business meeting.

FISCAL IMPACT
There is no direct fiscal impact associated with this action. Attendance at various conferences is budgeted annually.

BACKGROUND
The League of California Cities is an association of cities within the state of California, founded in 1898. Most of the state's 482 cities, including Colma, are represented in the League. The League publishes Western City, a monthly magazine, and holds an annual conference and exposition. The League advocates for cities at the state capitol on a multitude of topics.

The Annual Conference is the League’s largest and most comprehensive educational event.

General sessions feature premiere keynote speakers, while breakout sessions allow city staff and elected officials to explore topics that fit their specific needs and areas of interest.

During the annual conference, the League conducts its annual business meeting where the membership considers and acts on resolutions that establish League policy. Each member city’s city council is allowed to designate a city official to serve as the voting delegate to participate and cast votes at the business meeting along with up to two voting alternates in the case of the voting delegate’s absence. This year, the Annual Conference is scheduled for October 16-18, ITEM #7
Staff Report re: League of CA Cities Voting Delegate 2024 Page 2 of 2 2024 and will take place in Long Beach, California. Voting delegates and alternates must be submitted to the League no later than Wednesday, September 25, 2024 Once Council has designated a delegate and alternate by motion, the City Clerk will complete and submit the Voting Delegate Form as directed in the 2024 Voting Delegate Information Packet (Attachment A).

Council Adopted Values
Participating in the Annual Business meeting furthers the Council’s adopted values of Responsibility and Vision because providing input on important local, regional and state policy issues protects the Town’s long-term financial stability and other interests.

Alternatives
The Council could opt to not designate a voting delegate for the business meeting, however doing so would preclude the Town from having a voice in setting the League’s policy initiatives for the upcoming year.

CONCLUSION
Staff recommends Council, by motion, appoint a Voting Delegate and up to two alternates for the League Conference.

ATTACHMENTS
A. Voting Delegate Packet
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Foll
owing council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024

ATTACHMENT A

LEAGUE OF

CALIFORNIA
CITIES

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

LEAGUE OF

CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

LEAGUE OF

CALIFORNIA
CITIES
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). illi
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Colma City CouncilAugust 28, 2024

Colma City Council
August 28, 2024