25977.00110\44498852.1
ADU Ordinance Amendments Page 1 of 8
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Amy Mullay, Senior Planner II
Farhad Mortazavi, City Planner
Lorraine Weiss, Principal Planner II
VIA: Dan Barros, City Manager
MEETING DATE: January 14, 2026
SUBJECT: Accessory Dwelling Unit Ordinance Amendments
RECOMMENDATION:
Staff recommends that the City Council introduce the following:
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF COLMA AMENDING SUBCHAPTER 5.03 (DEFINITIONS) AND SECTION IV. (ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS) OF THE COLMA ZONING CODE TO ALIGN LOCAL REGULATIONS WITH THE CALIFORNIA GOVERNMENT CODE, TITLE 7, DIVISION 1, CHAPTER 13, AS AMENDED BY LEGISLATION EFFECTIVE JANUARY 1, 2024; MARCH 27, 2024; JANUARY 1, 2025; AND JANUARY 1, 2026, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
COUNCIL ADOPTED VALUES
T
he recommendation to introduce an ordinance amending Section IV of the Colma Zoning Code is consistent with the following City Council core values outlined in the adopted value-based code of conduct:
• Fairness. The ordinance promotes fairness by ensuring all residents have fair access to housing.
• Honesty and Integrity. Updating the ordinance in line with state law demonstrates integrity in governance and builds public trust by ensuring local regulations are clear, enforceable, and consistent with broader housing policy goals. • Responsibility. Adopting the ordinance is a fiscally responsible decision. It protects the Town from potential legal challenges and ensures continued eligibility for state housing AGENDA ITEM #9
25977.00110\44498852.1
ADU Ordinance Amendments Page 2 of 8
grants and programs. It also supports long-term financial stability by encouraging sustainable housing growth and efficient use of public resources. • Vision. The ordinance embraces innovation and adaptability by incorporating forward- looking housing solutions, such as expanded ADU allowances and streamlined permitting. These changes position the Town to meet future housing demands and regional planning objectives.
• Respect. The ordinance respects the diverse needs of Colma’s residents by supporting flexible housing options and fostering an inclusive community.
BACKGROUND
On December 14, 2022, the City Council adopted Urgency Ordinance No. 813, which amended Chapter 5, Subchapter 5.19, of the Colma Municipal Code to establish new restrictions on local regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
This update was made in accordance with Government Code sections 65852.2 and 65852.22 (since renumbered to Government Code sections 66310-66342), as amended by legislation effective January 1, 2023. Since then, the California Legislature has approved, and the Governor has signed into law, several bills that amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. These bills became effective on January 1, 2024, March 27, 2024, January 1, 2025, and January 1, 2026.
On February 24, 2024, the City Council adopted Ordinance No. 819 to amend and update the Town’s planning, zoning, and land use regulations codified in Subchapters 5.03, 5.05, 5.06,
5.12, 5.15, 5.19, and 5.20 of Chapter 5 (Planning, Zoning, Use & Development of Land & Improvements) of the Colma Municipal Code, ensuring compatibility with the Town’s General Plan (General Plan 2040), adopted on March 23, 2022, and the Town’s Housing Element Update, adopted on January 10, 2024. As part of the Town’s effort to align its zoning regulations with these documents, six existing Subchapters of the Colma Municipal Code were reorganized and formally incorporated into the updated Zoning Code, including Section IV.
Accessory Dwelling Units (ADUs) (formerly Subchapter 5.19).
ANALYSIS
Detailed Description of the Project/Proposal/Ordinance
The proposed amendments to the Town’s ADU Ordinance and Subchapter 5.03 (Definitions) of the Zoning Code aim to align with recent legislative updates outlined below. They also strive to support the objectives of the Housing Element by reducing barriers to housing development, improving the document’s structure, and making it more user-friendly compared to the current version by replacing the ordinance entirely. The revised ADU Ordinance and Subchapter 5.03 (Definitions) are included in Attachments A and B.
The Council’s review and introduction of the amendments to Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to align local regulations with the California Government Code, Title 7, Division 1, Chapter 13, as amended by legislation effective January 1, 2024; March 27, 2024; January 1, 2025; and 25977.00110\44498852.1
ADU Ordinance Amendments Page 3 of 8
January 1, 2026 will be followed by the second reading and adoption at a future date, and would become effective 30 days later.
Summary of Amendments to State ADU Law (Effective January 1, 2024)
These amendments under AB 976, AB 1033, AB 1332, and AB 434 include removing owner- occupancy requirements, authorizing separate sale and conveyance of ADUs, expediting the approval process, and expanding enforcement powers. Below is a summary of the key points from these updates to State ADU Law.
Main Provisions
• AB 976 – Owner Occupancy: Removes the existing 2025 sunset of the prohibition on owner-occupancy requirements and instead mandates no owner-occupancy requirement for ADUs (Gov. Code, § 66315).
• AB 1033 – Sale and Separate Conveyance: Authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums (Gov. Code, § 66342).
• AB 1332 – Pre-Approved ADU Plans: Requires local agencies to develop a program for preapproval of ADU plans by January 1, 2025. Plans must be accepted from any party and posted online, including those approved by other local or state agencies (Gov.
Code, § 65852.27).
• AB 434 – Enforcement Authority: Expanded HCD's authority to notify jurisdictions or the Attorney General about non-compliance with various ADU-related laws, including Chapter 13 and sections 65852.21, 65852.24, 65852.28, 65913.4.5, and 66411.7.
Summary of Amendments to State ADU Law (Effective Dates: March 27, 2024, and January 1, 2025)
These amendments under SB 477, AB 2533, and SB 1211 include renumbering relevant Government Code sections, updates to permit requirements for unpermitted ADUs, clarifications on objective development standards, definitions of livable space, parking requirements, and allowances for detached ADUs on multifamily lots. Below is a summary of the key points from these updates to State ADU Law.
Main Provisions
• SB 477 – Updated Government Code Sections: Relocated the numerous Government Code sections related to ADU and JADU law. Government Code sections 65852.2, 65852.22, 65852.23, and 65852.26 were relocated to the new Chapter 13 to Division 1 of Title 7 of the Government Code (sections 66310-66342).
• AB 2533 – Unpermitted ADUs and JADUs: Changed the cutoff date from January 1, 2018, to January 1, 2020, such that a local agency is precluded from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2020, if the 25977.00110\44498852.1
ADU Ordinance Amendments Page 4 of 8
denial is based on the ADU not complying with building standards or State or local ADU Law. It also expands the applicability to include JADUs, and requires local agencies to inform the public about these provisions through public information resources, including permit checklists and the local agency’s website.
• SB 1211 – Objective Standards: Prohibits local agencies from imposing unauthorized objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a).
• SB 1211 – Livable Space: converted ADUs in a multifamily dwelling that qualify as 66323 units are limited to portions of the existing multifamily dwelling that are not used as livable space. This bill defines “livable space” as a space in a dwelling intended for human habitation, referenced in Government Code sections 66313(e) and 66323(a)(3)(A).
• SB 1211 – Uncovered Parking: Specifies that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced.
• SB 1211 – Detached ADUs: Permits up to eight detached ADUs on a lot with an existing multifamily dwelling, or the number of existing units, whichever is less.
Summary of Amendments to State ADU Law (Effective January 1, 2026)
These amendments under AB 1154, SB 9, AB 462, and SB 543 include narrowing owner- occupancy requirements for JADUs, prohibiting JADUs from being used as short-term rentals, expanding state oversight and enforcement of local ADU/JADU ordinances, adding impact fee exemptions, codifying HCD guidelines, and streamlining permitting processes. Below is a summary of the key points from these updates to State ADU Law.
Main Provisions
• AB 1154 – JADU Owner-Occupancy: Limits the requirement for owner-occupancy for a JADU only if the JADU shares sanitation facilities (e.g., bathroom) with the primary residence.
• AB 1154 – No Short-Term Rentals: Prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days).
• SB 9/SB 543 – ADU/JADU Ordinance Enforcement: Creates a penalty by rendering null and void any local ordinance that is not submitted to the California Department of Housing and Community Development (HCD) within 60 days of adoption.
Additionally, a local ADU/JADU ordinance is rendered null and void if HCD issues findings that it does not comply with state law and the local agency fails to respond within 30 days.
• SB 543 – ADU and JADU Size: Amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.”
25977.00110\44498852.1
ADU Ordinance Amendments Page 5 of 8
• SB 543 – Impact Fees: Clarifies that development impact fees may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space. Exempts an ADU or JADU with less than 500 square feet of interior livable space from school impact fees.
• SB 543 – Quantity of ADUs Created under Government Code Section 66323:
Codifies the categories of ADUs and JADUs allowed under Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). A lot with a single-family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).
• SB 543 – ADU Permitting Process: Requires local agencies to: 1) determine whether an ADU application is complete within 15 business days of submittal; 2) if incomplete, provide a list of missing items and instructions within the same 15-day period; 3) review a resubmitted application for completeness within 15 business days and provide the applicant with a written appeal process for any incompleteness determination or denial; and 4) issue a final written decision on the appeal within 60 business days of receiving it.
• AB 462 – Disaster-Affected Areas: Historically, state law prohibited a local agency from issuing a certificate of occupancy for an ADU before one is issued for the primary dwelling. Now, local agencies must issue a certificate of occupancy for a detached ADU when: (1) the Governor has declared a state of emergency for the county; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections.
Proposed ADU HCD Prohousing Designation Policies
Housing Element Program 5.4 requires the Town to pursue a Prohousing Designation through the State Department of Housing and Community Development (HCD). This designation enhances the Town’s eligibility for funding opportunities that support extremely low-income housing development.
The Prohousing Designation Program recognizes jurisdictions that adopt policies to remove barriers to housing development. Designated communities gain access to 1) Prohousing Incentive Program grants and 2) additional points in competitive scoring for housing, community development, and infrastructure funding programs administered by HCD. To qualify for the designation, applicants must achieve a minimum score of 30 points across the following four housing policy categories:
1. Favorable Zoning and Land Use
2. Acceleration of Housing Production Timeframes
3. Reduction of Construction and Development Costs
4. Providing Financial Subsidies
25977.00110\44498852.1
ADU Ordinance Amendments Page 6 of 8
Additionally, applicants must demonstrate at least one enacted or proposed policy in each category. To meet the application criteria, the Town must show a commitment to implementing proactive policy changes and offering incentives to remove barriers to ADU development. The following policies, and amendments to the ordinance by housing policy category include:
1. Favorable Zoning and Land Use
Height Limits:
• Detached ADUs: Increase from 16 feet to 18 feet.
• On multi-family lots: Increase from 18 feet to 20 feet.
Parking:
• Eliminate all parking requirements for ADUs under Govt. Code § 66322.
2. Acceleration of Housing Production Timeframes
• Reduce ADU/JADU permit processing time from 60 to 45 days.
3. Providing Financial Subsidies
A 50 percent reduction in plan check and inspection fees for:
• ADUs using pre-approved site-built or prefabricated plans with all-electric and/or solar- ready features.
• ADUs deed-restricted for a minimum of 20 years to be rented at rates affordable to very-low, low, or moderate-income households, based on the San Mateo County Area Median Income (AMI), or rented at or below the HUD-defined 30% of gross income affordability thresholds.
Reasons For the Recommended Action/Findings
The recommended action to introduce an ordinance amending Subchapter 5.03 and Section IV of the Colma Zoning Code—specifically to align with the California Government Code, Title 7, Division 1, Chapter 13, as amended by legislation effective January 1, 2024, March 27, 2024, January 1, 2025, and January 1, 2026—is both necessary and beneficial for legal compliance with state law. Failing to align local ordinances with these laws could expose the Town to legal challenges or state enforcement actions. Moreover, the ordinance supports the Town’s broader housing strategy, helps meet Regional Housing Needs Allocation (RHNA) goals, streamlines the permitting process, sets clear ADU/JADU development standards, and increases transparency for applicants.
25977.00110\44498852.1
ADU Ordinance Amendments Page 7 of 8
Sustainability Impact
The recommended actions outlined above align with the Town’s sustainability goals in the following ways:
• Efficient Land Use. ADUs enable higher housing density without expanding the urban footprint. By allowing more residents to live within existing neighborhoods, the Town can reduce sprawl, preserve open space, and make better use of current infrastructure. • Reduced Carbon Footprint. Smaller living spaces generally use less energy for heating, cooling, and lighting. ADUs also promote walkability and closeness to public transit, decreasing reliance on cars and lowering greenhouse gas emissions. • Resource Efficiency. Constructing ADUs typically uses fewer materials and less energy compared to building new single-family homes. The Town promotes sustainable building practices in ADU construction, such as energy-efficient appliances and water-saving fixtures. Additionally, the Town’s ADU Plans Gallery provides pre-approved low-cost or free plans with all-electric, net-zero, and solar-ready features.
FISCAL IMPACT
The Town may gain a slight financial benefit from increased property tax revenue resulting from the construction of new ADUs and JADUs.
ENVIRONMENTAL
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements state ADU law.
ALTERNATIVES
Although alternatives exist, none fully permit the Town to opt out of state ADU mandates.
Adopting a compliant ADU ordinance preserves some local control while meeting legal requirements. For the Town’s ADU ordinance to remain valid and enforceable, it must comply with the recent changes in state law. Adopting the proposed ordinance (Attachment C) ensures that the Town’s ADU ordinance will remain in compliance with state law.
The City Council may delay the first reading of the ADU ordinance for further study. However, any local ordinance that does not conform to the most recent changes to state ADU law renders the ordinance null and void as a matter of law. Currently, the Town’s ordinance is non- compliant with state ADU law. Additionally, non-compliance disqualifies the Town from earning 25977.00110\44498852.1
ADU Ordinance Amendments Page 8 of 8
a Prohousing Designation through HCD and, consequently, access to Prohousing Incentive Program grants.
CONCLUSION
Staff recommend that the City Council, after the staff presentation, receive comments from the public, introduce the ordinance, and waive the first reading.
ATTACHMENTS
A. Revised ADU Ordinance
B. Subchapter 5.03 (Definitions)
C. Ordinance Amending Zoning Code Subchapter 5.03 and Section IV. Accessory Dwelling Units and Junior Accessory Dwelling Units
25977.00110\44463051.1
1 December 9, 2025
CHAPTER FIVE: ZONING
Subchapter 5.03: Zoning Ordinance
IV. A
ccessory Dwelling Units and Junior Accessory Dwelling Units 5 .03.100 Purpose and Intent.
T
he purpose and intent of this Chapter are as follows:
(a) P
urpose. The purpose of this chapter is to establish the regulations and procedures for the review of A ccessory Dwelling U nits (ADUs) and Junior Accessory Dwelling Units (JADUs), in conformance with the California Government Code (Gov . Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.
5 .03.101 Definitions.
As used in this chapter, the following definitions shall apply:
“Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent living, sleeping, eating, cooking, and sanitation provisions on the same parcel where the single-family or multifamily dwelling is or will be situated. An ADU also includes the following:
1 . An efficiency unit.
2 . A manufactured home, as defined in Section 18007 of the Health and Safety Code. “
Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Conversion ADUs” for single-family properties mean ADUs created from the existing space within a proposed or existing primary home or the existing space of an accessory structure. For multi - family properties, conversion ADUs are created from non-livable portions of an existing structure (spaces not used for living, sleeping, eating, cooking, or sanitation). “Detached ADUs” means newly constructed ADUs located on the same property as an existing or proposed single-family or multi-family residence, fully detached from the primary residence. “Efficiency unit” has the same meaning as that defined in Section 17958.1 of the Health and Safety Code.
“Efficiency Kitchen” means a kitchen that includes all of the following:
1 . A cooking facility with appliances.
ATTACHMENT A
25977.00110\44463051.1
2 2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
“
Impact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
“Junior Accessory Dwelling Unit” or “JADU” means a residential unit that is no more than 500 square feet of interior livable space in size and contained entirely within an existing single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“P
assageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Permitting Agency” means any entity involved in reviewing a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. “
Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
5 .03.102 Permit Required.
(a) N
o ADU or JADU may be created with out a building p ermit in compl iance with the standards set forth in this chapter.
(
b) The provisions included in this chapter are applicable to all lots that (1) are zoned to allow single-family or multifamily residential uses and (2) include a proposed or existing dwelling unit (Gov. Code, § 66313, subd. (a)). No more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) lot split shall be allowed (Gov. Code, § 66411.7, subd. (j)(1)).
(
c) Applications to create an ADU or JADU in accordance with this chapter will be considered and approved ministerially, without discretionary review or public hearing. 25977.00110\44463051.1
3 5.03.103 ADU Density and Consistency.
A
n ADU or JADU that conforms to the requirements in this Chapter shall:
(a) No
t be deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(
b) Be deemed consistent with the existing General Plan designation and zoning for the lot. (
c) Not to be considered when applying any local ordinance, policy, or program to limit residential growth.
(
d) Not be required to correct a nonconforming zoning condition, as defined in Section
5.03.101. This does not prevent the Town from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. 5 .03.104 ADU Process Time and Submittal Requirements.
(a) Det
ermination of Completeness.
1 . Determination in 15 days. The Town will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days of the Town's receipt of the ap
plication submittal.
2 . Incomplete items. If the Town’s determination under Section 5.03.104(a) above is that the application is incomplete, the Town’s notice must list the incomplete items and describe how the application can be made complete.
3 . Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the Town to be incomplete. 4 . Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal, the Town will determine in writing whether the additional information remedies all the incomplete items that the Town identified in its original notice. The Town may not require the application to include an item that was not included in the original notice. 5 . Deemed complete. If the Town does not make a timely determination as required by this subsection (a), the application or resubmitted application is deemed complete for the purposes of subsection (b) below.
6 . Appeal of incompleteness. An applicant may appeal the Town’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The City Council will review the written appeal, affirm or reverse the completeness determination, and provide a final written determination to the applicant within 45 business days after receipt of the appeal.
25977.00110\44463051.1
4 (b) Processing Time.
1 . On lots with an existing single -family or multifamily dwelling, an application to create an ADU or JADU shall be approved or denied within 45 days of submission of a complete application, unless t he applicant requests a delay, in which case the 45 days shall be tolled for the delay period.
2 . The permit application to create an ADU or JADU is submitted at the same time as a permit application to build a new single-family or multifamily dwelling on the lot. In this case, the Town may delay processing the ADU or JADU permit application until it has acted on the permit application for the new single-family or multifamily dwelling, but the ADU or JADU application will still be considered ministerially, without discretionary review o
r a hearing.
3 . If the Town has not approved or denied a completed application for the ADU or JADU within 45 days and neither of the above exceptions is met, the application shall be deemed approved.
4 . Applications for detached ADUs using P re-Approved Plans under Gov ernment Code, section 65852.27 shall be approved or denied within 30 days from receipt of a co
mpleted application
(
c) Certificate of Occupancy Timing.
1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy for the primary dwelling unit is issued. 2 . Limited Exception for State -Declared Emergencies. Notwithstanding subsection (c)(2) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(
i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
(
ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (
iii) The ADU has been issued construction permits and has passed all required inspections.
(
iv) The ADU is not attached to the primary dwelling.
(
d) Submittal Requirements. An application for an ADU or JADU shall be submitted to the Planning Department. An ADU shall be reviewed as part of the established building permit process, and compliance with the standards of this chapter will be verified through the ministerial planning review process.
(
e) Denial/Remedies. If the Town denies an application for an ADU or JADU, it will provide the applicant with a written, comprehensive set of comments within 45 days of receiving a 25977.00110\44463051.1
5 completed application. This will include a list of defective or deficient items, and a description of how the applicant can remedy the application. When the primary dwelling is proposed concurrently as the ADU, the Town may take more than 45 days .
(f) Appeal of Denial. An applicant may appeal the Town’s denial of the application by submitting a written appeal to the City Clerk. The City Council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 4 5 b
usiness days after receipt of the appeal.
5 .03.105 ADU General Development and Operational Standards. (a) R
eplacement Parking. When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required.
(
b) Demolition Permit. A demolition permit for a detached garage to be replaced with a d
etached or attached ADU shall be reviewed with the application for the ADU and issued simultaneously.
(
c) Availability of Utilities. All ADUs not described in paragraph (1) of subdivision (a) of Government Code section 66323(a)(1), are required to have a direct connection to public utilities, including water, electric, and sewer services.
1 . The Town Waiver of d irect water or sewer service connection requirements between an ADU will be considered if the applicant demonstrates that a well or septic system (as appropriate) is adequate for the new demand, based on objective industry standards and code requirements. ADUs that connect directly to public utilities shall follow the requirements set forth in Section 5.03.107(a).
2 . ADUs or JADUs that will connect to an on -site septic system must include in the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(
d) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required for the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers in the existing primary dwelling.
(
e) Occupancy. Owner occupancy of the property is not required for an ADU . For JADUs, owner-occupancy is required in either the remaining portion of the primary single-family dwelling or the newly created JADU , unless separate sanitation facilities are provided or the property is entirely owned by another governmental agency, land trust, or housing organization. (f) B
uilding Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code unless th e B
uilding Official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the Town from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non -residential use and was subsequently 25977.00110\44463051.1
6 converted for residential use in accordance with this chapter.
5.03.106 ADU Rental and Sale Limitations.
(a) Long-Term Rentals Only. Rental of an ADU created under this Chapter shall be for a term longer than 30 days. This provision applies regardless of when the ADU was created.
(b) Sale and Conveyance. If a qualified nonprofit corporation built or developed the primary home or ADU, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all Gov. Code, § 66341 requirements are met.
5.03.107 ADU Fee Requirements.
(a) Utility Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use to calculate connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.
1. If an ADU is constructed with a new single -family home and a separate utility connection directly between the ADU and the utility is required under section 5.03.105(c) above, then payment of the regular connection fee and capacity charge s for a new dwelling is required.
2. A converted ADU that is exempt from a direct utility connection under section
5.03.105(c) above is not required to pay any related connection fee or capacity charge.
All other ADUs that require a direct utility connection under section 5.03.150(c) above are subject to the connection and fee requirements of the utility provider . The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The portion of the fee or charge that is charged by the city may not e xceed the reasonable cost of providing this service.
(b) Impact Fees. Impact fees shall not be imposed on an ADU less than 750 square feet of interior livable space in floor area. For all other ADUs, impact fees shall be charged proportionately to the square footage of the primary dwelling unit.
1. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
(c) Permit Fee Reductions. A 50 percent reduction in plan check and inspection fees shall be granted for the following:
1. ADUs using pre-approved site-built or prefabricated plans with all-electric and/or solar-ready features.
2. ADUs deed-restricted for a minimum of 20 years to be rented at rates affordable to very low, low, or moderate-income households, based on the San Mateo County Area 25977.00110\44463051.1
7 Median Income (AMI), or rented at or below the HUD-defined 30% of gross income affordability thresholds.
5 .03.108 Conditions for Nonconforming Uses and Structures. (a) G
enerally. The Town will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU in compliance with Gov. Code section 66322, subd. (b). (
b) Unpermitted ADUs and JADUs Constructed Before 2020. As required by state law, the Town may not deny a permit to legalize an existing but unpermitted ADU or JADU built before January 1, 2020, if the denial is based on noncompliance with applicable building standards, state ADU or JADU law, or this ADU ordinance.
1 . Exceptions:
(
i) The Town may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the Town makes a
fi
nding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3.
(
ii) Subsection (b) above does not apply to ADUs or JADUs deemed substandard per California Health and Safety Code section 17920.3.
5 .03.109 State Exempt ADUs and JADUs.
(a) S
tate Standards. State-Exempt ADUs or “66323 Units” refer to ADUs and JADUs created pursuant to Government Code section 66323. This section specifies four categories of ADUs (and JADUs) that must be approved ministerially and are not subject to standards set forth in Government Code sections 66314-66322, or any local objective standards such as lot coverage, front setbacks, or design standards. The only development standards that apply to State Exempt ADUs are those provided in Government Code section 66323. (
b) Approval. An ADU will be ministerially approved if it meets the requirements specified in Government Code section 66323 , thus qualifying it as State Exempt . A JADU that satisfies the requirements of Government Code sections 66323, which incorporate by reference Sections 66333-66339, likewise qualifies as State Exempt and must be approved . Tables 1 and 2 below outline those State Exempt ADU/JADU requirements that, if met, require the ADU/JADU application to be approved.
25977.00110\44463051.1
8 Table 1: Standards for State Exempt ADUs (Government Code Section 66323) ADU Standards Requirements for State Exempt ADUs
Zones Allowed • All areas designated for single-family or multi-family residential use, as specified by the “R"- Residential Zone, “R-S” - Sterling Park Neighborhood Residential Zone, and “C” - Commercial zoning districts outlined in Chapter 5.03.081,
5.03.091, and 5.03.132 of the Colma Zoning Code.
Size • New construction detached ADU (Single-Family): Up to 800 square feet. • Conversion ADU (Single-Family): May be expanded by no more than 150 s
quare feet to accommodate ingress and egress.
• JADU: Up to 500 square feet, must be located within an existing or proposed single-family home (which includes an attached garage).
Setbacks • Detached (Single-Family and Multi-family): No more than 4-foot side or rear setbacks for new construction.
• Single-Family Conversion ADU and JADU: Must be sufficient for fire and safety.
Height • Detached ADUs: Up to 18 feet
• Detached ADUs within a ½ mile walking distance from a major transit stop or high-quality transit corridor: Up to 18 feet plus 2 feet to accommodate a roof pitch
• Detached ADUs on a lot with a multi-family, multi-story dwelling: Up to 20 feet
Parking • ADUs: No parking may be required.
• JADUs: No new parking may be required.
Access • Conversion ADUs and JADUs (Single Family): Exterior access must be separate from the main entrance of the single-family home. • JADUs: If a JADU does not include a separate bathroom, it must include a separate entrance and an internal connection to the main living area of the single-family home.
5 .03.110 Number and Combination of State Exempt ADUs and JADUs Permitted Per Legal Parcel or Lot.
The units described below must meet the standards described in Government Code section 66323 (see Table 1, above).
25977.00110\44463051.1
9 Table 2: State Exempt ADUs Allowed by Property Type (Gov. Code Section 66323) Property Type Number and Combination of Units Allowed
Single-family Up to three accessory units:
• One (1) Detached New Construction ADU
• One (1) Conversion ADU and One (1) JADU within the existing or proposed space of a single-family dwelling or an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety.
Multi-family • Detached ADU: Up to eight on properties with an existing multi-family dwelling (or up to the number of existing primary units, whichever is less); must be detached from the primary units, or up to two on properties with a proposed multi -family dwelling.
AND
• Conversion ADU: At least one, up to a number equal to 25% of the existing multi- family dwelling units in portions of the structure not used as living space; for example, passageways, storage rooms, boiler rooms, attics, basements, or garages. *JADUs are not allowed on multi-family properties or in multi-family dwelling structures. 5 .03.111 State ADU Standards.
T
he following requirements in Table 3 below apply only to ADUs that do not qualify as State Exempt ADUs under Government Code section 66323.
Table 3: State Standards for ADUs (Gov. Code Sections 66314-66322) ADU
Standards State Minimum Requirements
Zones Allowed • All areas designated for single-family or multi-family residential use, as specified by the “R"- Residential Zone, “R-S” - Sterling Park Neighborhood Residential Zone, and “C” - Commercial zoning districts outlined in Chapter 5.03.081,
5.03.091, and 5.03.132 of the Colma Zoning Code.
25977.00110\44463051.1
10 Size • M inimum size: At least 150 square feet.
• Maximum size:
o Detached: At least 850 square feet for a studio/one-bedroom and 1,000 square feet for a two- or more-bedroom ADU.
o Attached: At least 850 square feet for a studio/one-bedroom and 1,000 square feet for a two or more-bedroom ADU. An attached ADU created on a l
ot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
Setbacks • Side and rear: No more than 4-foot side or rear setbacks for attached or detached ADUs.
• Front setbacks: No more than 19 feet of the front property line and no more than 15 feet of a street-facing property line, but they cannot preclude the construction of an ADU of at least 800 square feet, even if the ADU would be partially or wholly within the front setback.
• Setbacks for conversions or rebuilds: No setback will be required for an ADU that is constructed in the same location and to the same dimensions as an existing structure.
Height • Attached ADUs: Up to 25 feet or the maximum allowed by the underlying zoning, whichever is lower (allows for ADUs built above attached garage). Attached ADUs may not exceed two stories.
• Detached ADUs: Up to 18 feet.
• Detached ADUs within a ½ mile walking distance from a major transit stop or high-quality transit corridor: Up to 18 feet plus 2 feet to accommodate a roof pitch (allows for two-story ADUs)
• Detached ADUs on a lot with a multi-family, multi-story dwelling: Up to 20 feet Parking • New and Replacement Parking Spaces: None required for ADUs and JADUs • Tandem parking and parking in setbacks are allowed.
Local
Standards
• F AR, lot coverage, size, front setback, or open space requirements that do not permit at least an 800 square foot ADU with 4-foot side and rear setbacks may not be required.
5 .03.112 Non-State Exempt ADU Objective Design Standards.
T
he following objective design standards shall apply to State ADUs pursuant to Government Code 25977.00110\44463051.1
11 Sections 66314- 66322. These objective standards may not prohibit the construction of an attached or detached ADU that is no more than 800 square feet with 4-foot side and rear setbacks. (a) A
rchitectural Requirements.
1 . The exterior walls, roof, windows, and doors of ADUs constructed entirely on-site, must be made of materials and colors that match the appearance and architectural design of the primary dwelling.
2 . The roof slope must match that of the dominant roof slope of the primary dwelling.
The dominant roof slope is the slope shared by the most sizable portion of the roof. 3 . The exterior lighting must be limited to down-lights unless the building or fire code requires otherwise.
4 . The ADU must have an independent exterior entrance from the primary dwelling.
The entrance must be located on the side or rear building facade, not facing a public right- of-way.
5 . An ADU's interior horizontal dimensions must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. 6 . Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property . Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
7 . All windows and doors that are within 30 feet of a property line that is not a right- of-way line must either be clerestory windows, with the bottom of the glass at least six (6) feet above the finished floor, or they must use frosted or obscure glass. (
b) Landscape Requirements.
1 . Landscaping shall be maintained within the 4-foot or greater side setback and for a minimum depth of at least four (4) feet along a back fence, including groundcover with automatic irrigation that allows fire access in the setback area. Paving of the entire rear yard setback area is prohibited.
2 . In addition to the maintenance of a fence of at least five (5) feet in height between properties, specimen plantings or a trellis with vines shall be provided in the setback area that provides landscaping and privacy screening of the ADU from windows or outdoor living areas of adjoining properties.
(
c) Historical Properties. ADU and JADU development on any real property listed in the California Register of Historic Resources must comply with the objective requirements of the Secretary of the Interior’s Standards for Rehabilitation and the accompanying Guidelines for Rehabilitating Historic Buildings, as applicable. 25977.00110\44463051.1
12 5.03.113 Junior Accessory Dwelling Units.
(a) Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be contained entirely within the walls of the primary single-family dwelling, including, but not limited to, an attached garage.
(b) Maximum Number of JADUs. When accompanied by a proposed or existing single- family dwelling, the maximum number of JADUs shall be one (1) per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU.
(c) Floor Area. The maximum floor area shall be 500 square feet.
(d) Parking. No parking shall be required for a JADU, including replacement parking.
(e) Exterior Access. Access shall be provided to the JADU independently of the primary dwelling.
(f) Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.
(g) Kitchen Features. An efficiency kitchen shall be provided.
(h) Occupancy. Owner occupancy shall be required if the JADU shares sanitation facilities with the primary residence. The owner may reside in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner-occupancy shall not be required in either of the following situations:
1. The JADU has separate sanitation facilities (i.e., it does not share sanitation facilities with the existing primary dwelling unit structure).
2. The property is entirely owned by another governmental agency, land trust, or housing organization.
(i) Long-Term Rentals Only. Rental of a JADU created under this Chapter shall be for a term longer than 30 days. This provision applies regardless of when the JADU was created.
(j) Deed Restriction. Before the issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office , and a copy must be filed with the Planning Department. The deed restriction shall include both of the following :
1. A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
2. A restriction on the size and attributes of the JADU that conforms with this section.
3. The deed restriction may be removed if the owner eliminates the JADU, as 25977.00110\44463051.1
13 evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may submit a written request to the Planning Department, providing evidence that the JADU has been eliminated. The Planning Department may then determine whether the evidence supports the claim that the JADU has been eliminated.
Appeal may be taken from the Planning Department’s determination, consistent with other provisions of this Code. If the JADU is not entirely physically removed but is eliminated only by removing a necessary component of a JADU, the remaining structure and improvements must otherwise comply with the applicable provisions of this Code. 4 . The deed restriction is enforceable by the Planning Department for the benefit of t
he Town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the Town is authorized to obtain any remedy available to it by law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
[
History: Ord. 770, 3/22/17; Ord. 801, 6/10/20]
CHAPTER FIVE: ZONING
Subchapter 5.03: Zoning Ordinance
5 .03.030 Definitions generally.
Fo
r the purpose of this subchapter, unless the context otherwise requires, the following definitions shall be used in the interpretation of this subchapter. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent living, sleeping, eating, cooking, and sanitation provisions on the same parcel where the single -family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
1 . An efficiency unit.
2 . A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“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.
“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. “Attached to a building” means the sign is supported, in whole or in part, by a building. “Balloon” means any object enlarged or inflated by less than five cubic feet of air or gases. “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).
“Bunting” means any woven fabric in single or multiple colors used for decoration. “Changeable” means any sign, banner, bunting or inflatable that is used for a short-term sales
ATTACHMENT B
promotion and not intended for permanent display.
“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.
“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
“Conversion ADUs” for single-family properties mean ADUs created from the existing space within a proposed or existing primary home or the existing space of an accessory structure. For multi- family properties, conversion ADUs are created from non-livable portions of an existing structure (spaces not used for living, sleeping, eating, cooking, or sanitation). “
Cutout letter sign” means a fascia sign consisting of individual cutout letters separately attached to the building wall.
"Density bonus" means a density increase over the otherwise allowable maximum residential density granted pursuant to Government Code Section 65915 and this Code. “Detached ADUs” means newly constructed ADUs located on the same property as an existing or proposed single-family or multi-family residence, fully detached from the primary residence. “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. “Efficiency kitchen” means a kitchen that includes all of the following:
1 . A cooking facility with appliances.
2 . A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
“
Efficiency unit” has the same meaning as that defined in Section 17958.1 of the Health and Safety Code.
“
Electronic submittal” means the submission of materials via electronic mail. “Fascia 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. “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). “Freeway sign” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only a limited or restricted right or easement of access, the precise route for which has been determined and designated as a freeway by an authorized agency of the State or a political subdivision thereof. The term shall include the main traveled portion of the traffic way and all ramps and appurtenant land and structures.
“Height of a sign” means the vertical distance from the uppermost point used in measuring the area of a sign, as defined in Section) 5.03.030, 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.
“Historic resource” means structures and sites which have one or more of the following characteristics:
1. A reminder of past years, events and persons important in local, state or national history;
2 . An example of once common structure with a design that specifically relates to its now rare or nonexistent first use or business;
3 . A unique or irreplaceable asset to the Town or a neighborhood, which asset enriches human life and/or serves an educational benefit by providing future generations examples of the physical surroundings of the past;
4 . An example essential to maintaining the overall historic character of a larger area; 5 . A structure having architectural significance. A structure determined to have architectural significance shall be one which is valuable as an example of:
a. A
rchitectural design that is attributable to an historic period; b
. A commonly identified architectural style or method of construction; c. A
rchitectural design that is unusual, beautiful or ingenious; d
. A notable work of a major builder or designer;
e
. Unusual quality of workmanship;
f. U
nusual use of construction materials.
“Impact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
“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.
“Inflatable” means any shaped object enlarged or inflated by more than five cubic feet of air or gases.
“Junior Accessory Dwelling Unit” or “JADU” means a residential unit that is no more than 500 square feet of interior livable space in size and contained entirely within an existing single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
“Large family day care home” means a home licensed by the State Department of Social Services or designee pursuant to state law that provides family child care for up to 12 children, or for up to 14 children including children under the age of 10 who reside at the home or are the children of an assistant childcare provider, for periods of less than 24 hours a day while the parents or guardians are away.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“
Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Low barrier navigation centers” means a housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing. “Master sign program” means a plan indicating the location, size and type of signs for an entire property or series of properties.
“Monument sign” means a 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.
“Non-commercial sign” means any sign that is not a commercial sign. “Non-conforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Non-illuminated sign” means a sign which is not artificially illuminated, either directly or indirectly.
“Objective design standards” means those that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.
“
Off-site sign” means a sign which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted 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. “On-site sign” means a 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.
“Outdoor decorations” means, pennants, banners, streamers, ribbons or similar displays used to create a festive atmosphere.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Permitting Agency” means any entity involved in reviewing a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
“Pole sign” means a 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.
“Projection” means the horizontal distance by which the farthest point used in measuring the area of a sign, as defined in section 5.30.030. 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.
“Prominent display vehicles” means vehicles positioned on platforms, scissor ramps, in a showroom or area of high street visibility in order to attract customers.
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Roof sign” means a sign extending in whole or in part beyond the roof line of a building, or erected or painted on or over the roof covering any portion of a building, whether supported on the roof or on an independent structural frame or sign tower, or located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure.
“Sale or lease sign” means a 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.
“Shopping center” means a group of stores and shops on a single parcel or contiguous parcels of land which holds itself out as a central retail market.
“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 appendage, 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 5.30.030 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 face s 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.
“Sign field” means the background to which the sign message is contrasted.
“Sign permit” means a permit issued pursuant to section 5.30.340 to permit applicable signs.
“Sign program” means a Master Plan describing overall sign design, lettering, sign placement, materials and size standards for signs on a development site.
“Sign tower” means a tower, whether attached to a building, free -standing, or an integral part of a building, which has a sign attached thereto.
“Single Room Occupancy (SRO)” means a form of housing that is typically aimed at residents with low or minimal incomes who rent small, furnished single rooms with a bed, chair, and sometimes a small desk. SRO units are rented out as permanent residence and/or primary residence[2] to individuals, within a multi -tenant building where tenants share a kitchen, toilets or bathrooms.
“Small residential rooftop solar energy system” means a solar energy system that meets all of the following: (1) is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; (2) conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the Town, and all State and local Health and Safety standards as adopted or amended by the Town; (3) is installed on a single or duplex family dwelling; and (4) the panel or module array does not exceed the maximum legal building height as defined by the Town.
“Solar energy system ” means a solar energy system as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
“Specific, adverse impact ” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
“Street property line” means, for purposes of the Signs subchapter only, any line separating private property from either a street or an alley.
“Supportive housing” is a combination of housing and services intended as a cost-effective way to help people live more stable, productive lives,
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
“Temporary non-commercial sign” means a temporary sign with a non-commercial message. “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. “Temporary signage” means any sign, banner, bunting, balloon, or outdoor decoration to be displayed for a period of three days or less.
“Under canopy sign” means a sign attached under a canopy or soffit of a building so located as to be viewed by pedestrians using the sidewalk fronting the premises. “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.
“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.
“Window sign” means any sign painted or affixed to the inside or outside of a building window.
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 1 of 6 ORDINANCE NO. ____
O
F THE CITY COUNCIL OF THE TOWN OF COLMA
AN ORDINANCE AMENDING SUBCHAPTER 5.03 (DEFINITIONS) AND SECTION IV. (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS) OF THE COLMA ZONING CODE TO ALIGN LOCAL REGULATIONS WITH THE CALIFORNIA GOVERNMENT CODE, TITLE 7, DIVISION 1, CHAPTER 13, AS AMENDED BY LEGISLATION EFFECTIVE JANUARY 1, 2024; MARCH 27, 2024; JANUARY 1, 2025; AND JANUARY 1, 2026
The City Council of the Town of Colma does hereby ordain as follows:
ARTICLE 1. RECITALS.
T
he 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) On December 14, 2022, the City Council adopted Urgency Ordinance No. 813, which amended Chapter 5, Subchapter 5.19, of the Colma Municipal Code to establish new restrictions on the local regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the provisions of Government Code sections 65852.2 and 65852.22, as amended by legislation effective January 1, 2023; and (
c) On February 24, 2024, the City Council adopted Ordinance No. 819 to amend and update the Town’s planning, zoning, and land use regulations codified in Subchapters 5.03, 5.05,
5.06, 5.12, 5.15, 5.19, and 5.20 of Chapter 5 (Planning, Zoning, Use & Developmen t of Land & Improvements) of the Colma Municipal Code, ensuring compatibility with the Town’s General Plan (General Plan 2040), adopted on March 23, 2022, and the Town’s Housing Element Update, adopted on January 10, 2024; and
(d) As part of the Town’s effort to align its zoning regulations with the General Plan 2040 and Housing Element Update , Ordinance No. 819 reorganized six existing subchapters of the Colma Municipal Code for incorporat ion into the updated Zoning Code, including Section IV.
Accessory Dwelling Units (formerly subchapter 5.19); and (e) The California Legislature has enacted multiple bills amending Government Code Title 7, Division 1, Chapter 13, effective January 1, 2024; March 27, 2024 , January 1, 2025; and January 1, 2026, to streamline the development and regulation of ADUs and JADUs; and
ATTACHMENT C
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 2 of 6
(f) The City Council wishes to amend Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to align local regulations with these state mandates to ensure legal compliance, and support the Town’s housing goals as outlined in the General Plan 2040 and 2023- 2031 Housing Element (“Zoning Code Update”); and
(g) The Zoning Code Amendment will modify Subchapter 5.03 to add new definitions and revise existing ones related to ADUs and JADUs, as well as Section IV of the Colma Zoning Code to improve the document’s structure and make it more user -friendly by replacing the ordinance entirely; and
(h) The Zoning Code Amendment will further update Section IV of the Colma Zoning Code to put into effect proactive policies and incentives that help remove barriers to ADU development in pursuit of a Prohousing Designation through the State Department of Housing and Community Development, as required by the Town’s Housing Element Program 5.4 Address Needs of Extremely Low-Income Households, and
(i) The Zoning Code Amendment is necessary to align with legislative changes to State ADU Laws enacted in 2024, 2025, and 2026, and
(j) AB 2533 and SB 1211 took effect January 1, 2025, and if the City’s ADU Ordinance did not comply with the requirements imposed by those bills by that date, the entire existing ADU Ordinance would have become null and void as a matter of law; and (k) The City Council conducted a duly noticed public hearing on January 14, 2026, at which time the City Council thoroughly considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing; and
(l) Adoption of the Ordinance is consistent with the Colma General Plan as a matter of law under Government Code sections 66314(c) and 66319; and (m) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety, and welfare of the community and is a valid exercise of the local police power and in accord with State law; and (n) All legal prerequisites to adopting this Ordinance have occurred.
ARTICLE 2. INCORPORATION OF RECITALS.
The City Council hereby finds that all 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.
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 3 of 6
ARTICLE 3. AMENDMENT.
The Colma Zoning Code Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby amended as set forth in the attached Exhibits “A” and “B” incorporated by this reference.
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 O rdinance 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. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city to implement the provisions of Article 2 (commencing with section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs (pursuant to Government Code section 66323(a)(1)(D)). Therefore, adoption of the Ordinance is statutorily exempt from CEQA because it implements State ADU Law.
ARTICLE 6. NOTICE OF DETERMINATION. Town staff are hereby authorized and directed to prepare, file, and post a Notice of Determination pursuant to CEQA with respect to the adoption of this Ordinance.
ARTICLE 7. 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. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 4 of 6
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 January 14, 202 6, and duly adopted at a regular meeting of said City Council held on _______, 2026.
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro, Vice Mayor
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
Voting Tally
Dated: __________________ ___________________________________ Carrie Slaughter, Mayor
Attest: _____________________________
Michelle Estabillo Gourlie, City Clerk
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 5 of 6
EXHIBIT “A”
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 6 of 6
EXHIBIT “B”