Colma Zoning Code

CHAPTER FIVE: ZONING

Subchapter 5.03: Zoning Ordinance

5.03.010

Title.

This subchapter shall be known as the "Zoning Ordinance" of the Town of Colma.

[History: formerly § 5.301; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

There is hereby adopted a zoning or districting plan for the Town of Colma. This plan is adopted to promote and protect the public health, safety, peace, morals, comfort, and general welfare. It consists of the establishment of various zones, including therein all the territory within the boundaries of said town, within some of which zones it shall be lawful and within some of which zones it shall be unlawful to construct, reconstruct, alter, enlarge, move, or maintain certain buildings or to use certain lands or buildings, and it further consists of appropriate regulations to be enforced in such zones, all as set forth in this ordinance.

[History: formerly § 5.302; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

For 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 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

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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 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

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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 a 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. Architectural design that is attributable to a historic period;

   • b. A commonly identified architectural style or method of construction;

   • c. Architectural design that is unusual, beautiful or ingenious; d. A notable work of a major builder or designer;

   • e. Unusual quality of workmanship;

   • f. Unusual use of construction materials.

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“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 singlefamily 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

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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 onsite 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.

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“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 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.

“Sign field” means the background to which the sign message is contrasted.

“Signpermit” 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 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.

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“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.

[History: formerly § 5.302; ORD. 234, 3/14/79; ORD. 638, 12/14/05; Urgency ORD. 813, 12/14/22; ORD. 818, 2/14/24; ORD. 2026-829]

No person may use, design, or intend to be used, any building or land in the Town, except for the purposes specified in, and in compliance with, the provisions of this subchapter.

[History: formerly § 5.303; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

• (a) The following land use zones shall be established in the Town:

  • G - Golf and Cemetery Zone R - Residential R-S - Neighborhood Residential [ORD. 536, 7/8/98] C - Commercial

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• P - Public

• E - Executive, Administrative

• T - Transit

• F - Flood Hazard/Safety

• DR - Design Review DR(s) - Design Review – Spanish/Mediterranean

(b) The zones aforesaid and the boundaries of such zones are shown upon a map filed with the City Clerk and designated “General Plan Land Use, Town of Colma, April 2008 Zoning Map”. Said map and all notations, references and other information shown thereon shall be and hereby is incorporated by reference in this ordinance as if fully set forth herein and as provided in Section 5.03.060.

[History: formerly § 5.310, ORD. 234, 3/14/79; ORD. 290, 8/10/83; ORD. 321, 7/10/85; ORD. 374, 9/14/88; ORD. 409, 3/14/90; ORD. 536, 7/8/1998; ORD. 557, 8/18/1999; ORD. 573, 4/12/00, ORD. 588, 8/15/2001; ORD 609, 12/10/03; ORD. 610, 1/14/04; ORD. 627, 4/13/05; ORD. 638, 12/14/05; ORD. 668, 5/14/08; ORD. 818, 2/14/24]

Where uncertainty exists as to the boundaries of any zone shown on said "Zoning Map", the following rules shall apply:

(a) Where such boundary is indicated as approximately following a street or alley line, such street or alley line shall be deemed to be such boundary.

(b) Where such boundary is indicated as approximately following a lot line, such lot shall be deemed to be such boundary.

(c) Where uncertainty exists, the City Council shall, by written declaration, determine the location of the zone boundary.

[History: ORD. 818, 2/14/24]

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Table 1: Residential Zone Development Standards

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Table 2: Non-Residential Zone Development Standards

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Table 3: Land Use Table – Permitted and Conditional Uses

"P"= Permitted Use "C"= Conditional Permitted Use "A"= Administratively Permitted "-" = Not Permitted "*" = Non-conforming use "#" = Legal Non-conforming use

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Table 3: Land Use Table – Permitted and Conditional Uses

"P"= Permitted Use

• "C"= Conditional Permitted Use

• "A"= Administratively Permitted

• "-" = Not Permitted

• "*" = Non-conforming use

• "#" = Legal Non-conforming use

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Table 3: Land Use Table – Permitted and Conditional Uses

"P"= Permitted Use "C"= Conditional Permitted Use "A"= Administratively Permitted "-" = Not Permitted "*" = Non-conforming use "#" = Legal Non-conforming use

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[History: formerly § 5.311; ORD. 234, 3/14/79; ORD. 638, 12/14/05; ORD. 818, 2/14/24]

I. "G"- Golf and Cemetery Zone

The regulations herein are applicable to properties zoned Golf and Cemetery and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

• (a) The following uses are generally permitted on land located within the "G" Zone:

  • (1) A cemetery or memorial park;

  • (2) Agriculture, which is primarily open field;

  • (3) A golf course;

  • (4) A golf driving range.

(b) The following uses may be permitted by the City Council on land located in the "G" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

(1) Any use which now or hereafter may be customarily incident to a cemetery or memorial park use, including flower shops, monument shops, crematoriums, and cemetery corporation yards;

(2) Any use which now or hereafter may be customarily incident to agriculture use, including nurseries, agriculture or flower growing utilizing greenhouses or shade structures, firewood yard, or landscape contractors yard;

(3) Any use which now or hereafter may be customarily incident to a golf course, including clubhouse, sale of golf balls, golf shoes and clothing or golf clubs and equipment, lunch counter, conduct of "pro shop", practice range, practice green, and driving range.

• (4) Wireless Communications Facilities, as regulated in Subchapter 5.17;

• (5) Off-site vehicle storage of automobile dealership inventory.

(c) The following uses may be exempted from review by the City Council on land located in the “G” Zone upon administrative review and approval:

• (1) A retail flower use within cemetery grounds incidental to the “G” Zone;

• (2) A structure no greater than 120 square feet in size that is not visible from the public right-of-way.

• (3) A retail flower use within cemetery grounds incidental to the “G” Zone.

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(4) Any other uses or structures incidental to cemetery use.

[History: formerly § 5.312; ORD. 234, 3/14/79; ORD. 325, 11/13/85; ORD. 480, 5/10/95; ORD. 520, 12/10/97; ORD. 638, 12/14/05; ORD. 728, 10/9/13; ORD. 770, 3/22/17; ORD. 772, 7/26/17]

Any proposed development in the “G” Zone shall comply with the standards in the Design Review (DR) Overlay District as contained in Section 5.03.152 in addition to the following requirements:

(a) No commercial or business use of any kind shall be conducted in the "G" Zone, except such uses which are normally considered incidental to or accessory to a cemetery or memorial park, agriculture, golf course, or off-site vehicle storage of automobile dealership inventory.

• (b) As to any golf course use, the following restrictions shall apply:

(1) Enclosed sanitary facilities shall be provided, with not less than three toilets for men and three toilets for women at each golf course;

(2) Paved parking area shall be provided for 200 automobiles or more, which area shall be located within 100 feet of the clubhouse. A paved two-lane access road shall connect the parking area and public street or road;

(3) No more than one sign advertising a golf course may be maintained or erected.

(c) No building, other than a building used for cemetery purposes, shall exceed a height of thirty-six (36) feet in the "G" Zone.

(d) Buffering Regulations. A crematorium shall be located such that the retort vents are no closer than 650 feet to the nearest residence and shall be sited, using topography and landscaping, so that the retort vents and delivery entrance cannot be seen from any public right-of-way. If the building can be seen from any public right-of-way, crematoriums shall be incorporated into the design of buildings such as chapels and mausoleums so that the cremation aspect is not apparent. Any crematorium existing prior to the effective date of this ordinance may be maintained and its equipment upgraded provided no retorts are added and the proposed work does not result in greater visibility, from any public right-of-way, of the existing retort vent(s) and delivery entrance.

(e) As to any off-site vehicle storage of automobile dealership inventory, the following restrictions shall apply:

(1) The vehicle inventory proposed to be stored shall be limited to vehicles less than 5 years old and in operable condition;

(2) The location is not in active cemetery use;

(3) The area proposed for vehicle storage shall not be readily visible from any public street in the Town of Colma, either due to existing physical barriers or through screening proposed to be installed;

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(4) The vehicle storage site shall maintain, and shall not impair, full emergency vehicle access to the site and surrounding areas;

(5) The area proposed for vehicle storage shall be paved or improved with a minimum three inch gravel surface;

(6) Off-loading of vehicles from vehicle carriers shall not occur at the vehicle storage site and may only occur where vehicles are normally delivered to the auto dealership;

(7) The vehicle storage site shall prepare and implement a security plan; and (8) The proposed off-site vehicle storage shall not generate significant traffic impacts.

(f) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(g) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(h) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

[History: formerly § 5.330, ORD. 234, 3/14/79; ORD. 5/10/95; ORD. 325, 11/13/85; ORD. 520, 12/10/97; ORD. 638, 12/14/05; ORD. 728, 10/9/13; ORD. 772, 7/26/17]

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II. “R"- Residential Zone

The regulations herein are applicable to properties zoned Residential and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

• (a) The following uses are permitted on land located within the "R" Zone:

  • (1) A single-family dwelling;

  • (2) A manufactured home;

  • (3) A "small family day care home", as defined in the Health and Safety Code providing family day care to six or fewer children;

(4) A multiple dwelling up to six units, provided that the proposed residential density does not exceed that specified in the Colma General Plan;

• (5) Accessory dwelling units as permitted in Section 5.03.100;

• (6) Group homes for six (6) or fewer, and seven (7) or more residents;

• (7) Low-Barrier Navigation Center;

Supportive housing where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses per Government Code 65651 if proposed supportive development meets all the requirements of Government Code 65651;

• (8) Transitional housing;

(9) A Home Office or Cottage Food Operation, provided that a Zoning Clearance has been issued in accordance with sections 5.03.355 or 5.03.356, and remains in effect for the property;

• (10) A Single Room Occupancy (SRO); and

(11) Agricultural employee housing for six (6) or fewer persons subject to the same regulations as a single-family dwelling.

(b) The following uses may be permitted in the "R" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

(1) Residential Planned Development on land identified in the Colma General Plan as suitable for residential uses, provided the proposed residential density does not exceed that specified in the Colma General Plan;

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(2) A home occupation, as described in section 5.03.351 of this Code; and

(3) A “large family day care home,” as defined, and pursuant to the procedures and standards set forth in Section 5.03.111 below.

(c) Accessory buildings may be permitted in the “R” Zone as follows:

(1) An accessory building less than 120 square feet in projected roof area and less than six feet in height is generally permitted on residential lots in the “R” Zone and is not subject to setback requirements provided that such accessory building meets each of the following requirements: (A) the accessory building is not placed between any section of the front wall or foundation of the residence and the front property line, and (B) the aggregate floor area of all such accessory buildings on a single residential parcel does not exceed 120 square feet;

“R” Zone and is not subject to setback requirements provided that such accessory building meets each of the following requirements: (A) the accessory building is not placed between any section of the front wall or foundation of the residence and the front property line, and (B) the aggregate floor area of all such accessory buildings on a single residential parcel does not exceed 120 square feet;

(2) An accessory building not meeting the requirements of the preceding paragraph may be administratively permitted by the Zoning Administrator in accordance with the procedures set forth in Section 5.03.290 of this Code provided that the Planner makes the findings for a use permit set forth in section 5.03.255 of this Code and, that the accessory building meets each of the following requirements: (A) each accessory building that exceeds 120 square feet in area or is greater than six feet tall must comply with the setback requirements applicable to buildings in the “R” Zone; (B) the aggregate floor area of all accessory buildings on the lot may not exceed 25% of the rear yard; and (C) the accessory building meets each of the following design requirements: (i) the accessory building shall conform to each restriction set forth in section 5.03.300 for the dwelling unit on the parcel; (ii) the design of and materials used for that accessory building shall be consistent with the design of and materials used in the dwelling unit on the lot; and (iii) the accessory building shall be sited to protect the privacy and quiet enjoyment of neighboring properties and shall minimize impacts of noise, light, glare, and traffic on neighboring properties.

• (d) Wireless Communications Facilities, except those permitted pursuant to Section 5.17.010 or Section 5.17.120, are prohibited in the “R” Zone.

[History: formerly § 5.313, ORD. 234, 3/14/79; ORD. 346, 3/11/87; ORD. 442, 10/14/92; ORD. 425, 7/10/91; ORD. 600 6/11/03; ORD.617, 6/16/04; ORD. 638, 12/14/05; ORD. 685,1/13/10; ORD. 706, 3/14/12; ORD. 724, 6/12/13; ORD. 728, 10/9/13; ORD. 770, 3/22/17]

Authorities: Gov’t Code §§ 51035, 65850, 65589.5]

The following regulations shall apply with respect to each lot zoned Residential.

• (a) All land within the “R” Zone, shall be subject to the following density requirements:

  • (1) Low density residential is permitted up to thirteen (13) dwelling units per acre.

  • (2) Medium density residential is permitted from thirteen (13) to thirty (30) units per acre.

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(b) All land within the "R" Zone, except as provided in subparagraph (5) below, shall be subject to the following area requirements:

(1) The front yard shall have a depth of not less than fifteen (15) feet from property line to front line of the building;

(2) The side yard shall be not less than 10 per cent of the width of the lot or 10 feet, whichever is the lesser;

(3) The rear yard shall be not less than 25 per cent of the total area of the lot, but such rear yard need not exceed 25 feet; save and except any "R" Zone located in that portion of Colma bounded by F Street, Hillside Boulevard, El Camino Real, and the northern boundary of the Town of Colma, in which area the rear yard shall have a depth of not less than 15 feet from property line to rear line of the building with respect to the first story of the building, and a depth of not less than 25 feet from property line to the rear line of any portion of the building above the first story. The one-story portion of a building which extends less than 25 feet from the rear property line shall have a pitched roof, and the space above the roof shall not be used for a roof deck, balcony or other similar purpose.

(4) Every lot shall have a minimum average width of 33-1/3 feet and a depth of not less than 100 feet.

(5) Notwithstanding the setback requirements of subparagraphs (1), (2), and (3) above, the distance between the vehicle entry of any covered parking structure to the property line shall be not less than 19 feet.

(6) Notwithstanding the area requirements of subparagraphs (1), (2), (3) and (4) above, the City Council may waive one or more of the area requirements upon finding all of the following:

(i) That there be two or more dwellings constructed prior to January 1, 1990 on a single parcel without common walls;

(ii) That it would be beneficial to the neighborhood to have each dwelling on a separate parcel;

(iii) That the parcel cannot be reasonably divided and still meet all of the foregoing area requirements; and

(iv) That the waiver will not tend to increase the density of use.

(c) The minimum number of off-street parking spaces as defined in section 5.30.232, Parking Standards, of this Code and as follows:

(1) Additions and Remodeling of Residential Structures. Residential structures existing prior to March 1, 1988, or for which a use permit was issued prior to March 1, 1988, complying with previous law which required only 1 covered parking space for a single-family dwelling or for a multiple dwelling unit having 0 or 1 bedrooms, and 1.5 covered parking spaces for each multiple dwelling unit having 2 or more bedrooms, shall not be required to provide additional parking in compliance with the standards of Section (1) above because of repair, restoration, additions, or

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remodeling of such units except as follows:

(i) If additional bedrooms are added to such existing dwelling units, additional parking must be added at the rate of one-half (½) space per bedroom for each bedroom exceeding the total, existing and added, of 4 bedrooms. The additional parking required may be uncovered.

(ii) Additional units may be added to an existing structure provided offstreet parking is added to meet the minimum standards for the new unit.

(2) Tandem parking is permitted provided tandem spaces are solely for the use of an individual unit. Tandem parking is not permitted where such spaces are required for two or more separate units.

(3) A bedroom for the purposes of these requirements is a room used as a bedroom or designed to be used as a bedroom. In the event of a dispute as to whether or not a room is a bedroom, determination shall be made by the City Planner based on the foregoing standard.

(4) If the total number of parking spaces required includes a fraction, the requirement shall be the next full number. For example, if the requirement is 4.5 spaces, 5 spaces shall be required.

(5) For all single-family residential units constructed, replaced or to which a second story is added after October 8, 2003, the covered parking spaces required by section 5.03.232 must be enclosed by walls and a lockable vehicle entry door, and must meet the following minimum dimensions, excluding areas designed or used for stairs, utility closets, and major appliances:

(i) Eleven feet (11’) wide and twenty feet (20’) long, where one covered parking space is required;

(ii) Twenty feet (20’) wide and twenty feet (20’) long, where two covered parking spaces is required.

(6) Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of high quality public transit. However, a development of 19 dwelling units or fewer may impose parking requirements per Table 4 – Parking Standards, Section 5.03.232.

(d)

No building may exceed a height of thirty-six (36’) feet in the “R” zone.

(e) All buildings must be constructed to the specifications of the Colma Building Code, or with respect to a Manufactured Home, in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 and following).

(f) A single-family dwelling unit shall be subject to the following requirements:

(1) The building shall be not less than 20 feet wide, as measured by the narrowest elevation;

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(2) The siding shall not be highly reflective;

(3) The finished roofing material shall not be highly reflective except for the employment of solar energy devices;

(4) Exterior covering material shall extend to finish grade; except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

(5) The roof pitch shall not be less than a two inch vertical rise for each twelve inches of horizontal run, unless, upon application, the Zoning Administrator finds that a flatter roof style would be compatible with the surrounding neighborhood;

(6) There shall be a roof overhang of at least 12 inches around the entire perimeter of the manufactured home as measured from the vertical side of the home, except that the Zoning Administrator may waive this requirement (A) at the point of connection where an accessory structure is attached to the manufactured home, or (B) upon finding that a lesser overhang would be compatible with the surrounding neighborhood;

(7) All mechanical and electrical equipment shall be screened so that the equipment is not visible from the public right-of-way. For roof and wall-mounted equipment, the screening shall be an integral part of the building design. They shall not use screening material which is highly reflective or incompatible with siding material.

(g) A manufactured home shall be subject to each requirement set forth in the preceding subsection. A manufactured home shall also be subject to the following, additional requirements:

(1) A manufactured home shall not be more than 10 years old on the date of the application for the issuance of a permit to install the structure. The date of manufacture shall be utilized to assess the structure’s age;

(2) A manufactured home shall be installed on a foundation system, pursuant to Section 18551 of the Health and Safety Code, and;

(h) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(i) A multiple family residence shall be subject to the following requirement:

(1) 100 square feet of private open space for each dwelling unit for use by residents of the project, such as courtyards, private balconies, and rooftop patios.

(j) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(k) Noise Controls. Require an acoustical study to identify inappropriate noise levels

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where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(l) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(m) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(n) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(o) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate Storm Water Runoff. Require largescale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(p) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(q) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(r) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(s) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(t) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.331, ORD. 234, 3/14/79; ORD. 298, 6/13/84; ORD. 280, 1/12/83; ORD. 304, 10/10/84; ORD. 309, 2/13/85; ORD. 319, 5/8/85; ORD. 367, 4/13/88; ORD. 404, 11/08/89; ORD. 463, 11/10/93; ORD. 480, 5/10/95; ORD. 600, 6/25/03; ORD. 608, 12/10/03; ORD. 638, 12/14/05; ORD. 720, 5/8/13; ORD. 728,

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10/9/13; ORD. 738, 1/14/15]

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III. “R-S” – Sterling Park Neighborhood Residential Zone

The regulations herein are applicable to properties zoned Sterling Park Neighborhood Residential and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

• (a) The following uses are permitted on land located within the “R-S” Zone:

  • (1) Single-family dwelling;

  • (2) A manufactured home;

  • (3) A “small family day care home” as defined in the Health and Safety Code providing family day care to six or fewer children;

  • (4) Group homes for six (6) or fewer, and seven (7) or more residents;

  • (5) Community parks and public buildings;

  • (6) Single-room occupancy housing;

  • (7) Supportive housing;

  • (8) Transitional housing;

(9) An accessory dwelling unit within the existing single-family residential structure as permitted in Section 5.03.100;

(10) A Home Office or Cottage Food Operation, provided that a Zoning Clearance has been issued in accordance with sections 5.03.354 and remains in effect for the property; and

(11) Agricultural employee housing for six (6) or fewer persons subject to the same regulations as a single-family dwelling.

(b) The following uses may be permitted in the “R-S” Zone upon issuance of a Conditional Use Permit and provided they comply with standards hereinafter set forth:

• (1) A home occupation, as described in section 5.03.355 of this Code;

(2) A “large family day care home” as defined, and pursuant to the procedures and standards set forth in Sections 5.03.030 and 5.03.111 below.

(c) Existing multiple residence buildings, warehouses and other facilities not specifically listed in subparagraphs (a) and (b) above, shall be considered non-conforming uses. If warehouses or buildings housing commercial or light industrial uses are destroyed or

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damaged in excess of fifty percent (50%) of their market value they may only be replaced with conforming uses. If multiple residential buildings are destroyed or damaged beyond fifty percent (50%) of their market value they may be replaced with an equal number of legal units provided parking and other development standards comply with the standards set forth in this District.

(d) Legal second units, existing in conjunction with a principal residence on August 19, 1998, shall be considered legal, non-conforming uses. New second units or expansions to existing units are prohibited.

(e) Accessory buildings may be permitted in the “R” Zone in accordance with section 5.03.300, Accessory Buildings, of this Code.

• (f) The following uses are specifically prohibited in the “R-S” Zone:

(1) Wireless Communications Facilities, as regulated in Subchapter 5.17, except those permitted pursuant to Section 5.17.010 or Section 5.17.120.

• (2) Churches

• (3) Schools

• (4) Commercial and Light Industrial uses

[History: formerly § 5.313.1, ORD. 536, 7/8/98, ORD. 617, 6/16/04; ORD. 638, 12/14/05; ORD. 685, 1/13/10; ORD. 706, 3/14/12; ORD. 724, 6/12/13; ORD. 728, 10/9/13]

[Authorities: Gov’t Code §§ 51035, 65850, 65589.5]

(a) The following regulations shall apply with respect to each lot in the “R-S” Zone. All land within the “R-S” Zone shall be subject to the following development standards:

(1) Front yards must have a depth of not less than fifteen (15) feet from the front property line to the front face of the dwelling, nor less than nineteen (19) feet from the front property line to the front face of the garage. Corner lots shall be considered to a front yard bordering each street.

(2) Side yards must not be less than ten percent (10%) of the lot width or ten feet (10'), whichever is less. No mechanical equipment, chimneys or above-ground stairs may project into required side yards. Stairs at grade and ground level decks are excepted.

(3) Rear yards must not be less than twenty-five feet (25') from the rear property line to any two story portion of the dwelling nor less than fifteen feet (15') to any one story portion of the dwelling. Any one story portion of a dwelling which extends less than twenty-five feet (25') from the rear property line must have a pitched roof, and the space above the roof must not be used for a roof deck, balcony or other similar purpose.

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(4) Every lot must have a minimum average width of 33.33 feet and a minimum average depth of not less than 100 feet.

(5) Notwithstanding the requirements of subparagraphs (1), (2), (3) and (4) above, the City Council may waive one or more of the area requirements upon finding all of the following:

(i) That there are two or more dwellings constructed prior to January 1, 1990 on a single parcel without common walls;

(ii) That it would be beneficial to the neighborhood to have each dwelling on a single parcel;

(iii) That the parcel cannot be reasonably divided and still meet all of the foregoing requirements; and

(iv) That the waiver will not tend to increase the density of use.

(b) The minimum number of off-street parking spaces, as defined in Section 5.03.232 and shall be as hereinafter set forth:

(1) For all units constructed or replaced after March 1, 1988, off-street parking must be provided as set forth in the Parking Standards Table in Section 5.03.232:

(2) For all residential structures existing prior to March 1, 1988, or for which a Use Permit was issued prior to March 1, 1988, complying with previous law which required only one (1) covered space for a single family dwelling or for a multiple dwelling having no more than one bedroom, and 1.5 covered parking spaces for each multiple dwelling having two (2) or more bedrooms, owners are not required to provide additional parking because of repair, restoration, remodeling or additions to such units except as follows:

(i) If additional bedrooms are added to an existing single family dwelling the number of off-street parking spaces must be increased by 0.5 covered or uncovered spaces for each bedroom exceeding the total, existing and added, of four (4) bedrooms.

(3) Tandem parking is not permitted for new single family detached dwellings; tandem parking is only permitted for dwellings where tandem parking existed prior to the effective date of this ordinance.

(4) A bedroom for purposes of these requirements is a room used as a bedroom or designed to be used as a bedroom. In the event of a dispute as to whether or not a room is a bedroom, determination shall be made by the City Planner based on the foregoing standard.

(5) If the total number of parking spaces required includes a fraction, the requirements shall be the next full number.

(6) For all single-family residential units constructed, replaced or to which a second story is added after October 8, 2003, the covered parking spaces required by section 5.03.232 must be enclosed by walls and a lockable vehicle entry door, and

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must meet the following minimum dimensions, excluding areas designed or used for stairs, utility closets, and major appliances:

• (i) Eleven feet (11’) wide and twenty feet (20’) long, where one covered parking space is required;

• (ii) Twenty feet (20’) wide and twenty feet (20’) long, where two covered parking spaces is required.

(7) Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of high quality public transit. However, a development of 19 dwelling units or fewer may impose parking requirements per Table 4 – Parking Standards, Section 5.03.232.

(c) No buildings may exceed a height of twenty-seven feet (27’) measured from the finished grade at the perimeter of the building to the highest point of the roof line.

(d) All buildings must be built to the specifications of the Colma Building Code or, with respect to a Manufactured Home, in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 and following).

(e) All residential buildings must comply with the following design standards:

(1) The building shall be not less than 20 feet wide, as measured by the narrowest elevation;

(2) The siding shall not be highly reflective;

(3) The finished roofing material shall not be highly reflective except for the employment of solar energy devices;

(4) Exterior covering material shall extend to finish grade; except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

(5) Buildings must be designed to feature a one-story front facade at the front yard setback;

(6) Any existing second unit must be clearly subordinate to the principal unit and must not have its front door facing the street;

(7) Exterior building walls must be well articulated with windows, doors, balconies, bays, exposed beams, overhangs and similar features; trim and moldings must be utilized to accentuate rooflines and wall openings;

(8) All roofs must have a pitch not less than two inch vertical rise for each twelve inches of horizontal run. This shall not apply to existing buildings where the roof is not being remodeled;

(9) All mechanical and electrical equipment must be located so as not to be visible from the public right-of-way;

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(10) At least sixty percent (60%) of the front setback area must be devoted to landscaping; front yard areas, other than driveway aprons, must not be used for storage of motor vehicles;

(11) There shall be a roof overhang of at least 12 inches around the entire perimeter of the manufactured home as measured from the vertical side of the home, except that the Zoning Administrator may waive this requirement (A) at the point of connection where an accessory structure is attached to the manufactured home, or (B) upon finding that a lesser overhang would be compatible with the surrounding neighborhood;

(12) Trash receptacles must be stored so they are not visible from the public rightof- way; and

(13) Front yard areas must never be used for storage.

(f) A manufactured home shall be subject to each requirement set forth in the preceding subsection except for the requirements numbered. A manufactured home shall also be subject to the following, additional requirements:

(1) A manufactured home shall not be more than 10 years old on the date of the application for the issuance of a permit to install the structure. The date of manufacture shall be utilized to assess the structure’s age; and

(2) A manufactured home shall be installed on a foundation system, pursuant to Section 18551 of the Health and Safety Code.

(g) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(h) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(i) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(j) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(k) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(l) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and

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bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(m) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(n) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(o) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(p) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(q) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(r) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.331.1, ORD. 304, 10/10/84; ORD. 536, 7/8/98; ORD. 608, 12/10/03; ORD. 638, 12/14/05; ORD. 720, 5/8/13; ORD. 738, 1/14/15]

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CHAPTER FIVE: ZONING

Subchapter 5.03: Zoning Ordinance

IV. Accessory Dwelling Units and Junior Accessory Dwelling Units

The purpose and intent of this Chapter are as follows:

• (a) Purpose. The purpose of this chapter is to establish the regulations and procedures for the review of Accessory Dwelling Units (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.

[History: Urgency ORD. 813, 12/14/22; ORD. 818, 2/14/24; ORD. 2026-829, 1/28/26]

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 singlefamily or multifamily dwelling is or will be situated. An ADU also includes the following:

3. An efficiency unit.

4. 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.

2. A food preparation counter and storage cabinets that are of reasonable size in

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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 singlefamily 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.

“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.

“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.

(a) No ADU or JADU may be created without a building permit in compliance 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.

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An ADU or JADU that conforms to the requirements in this Chapter shall:

(a) Not 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.

(a) Determination 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 application 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.

(b) Processing Time.

1. On lots with an existing single-family or multifamily dwelling, an application to

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create an ADU or JADU shall be approved or denied within 45 days of submission of a complete application, unless the 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 or 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 Pre-Approved Plans under Government Code, section 65852.27 shall be approved or denied within 30 days from receipt of a completed 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 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

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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 45 business days after receipt of the appeal.

(a) Replacement 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 detached 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 direct 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) Building 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 the Building 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 converted for residential use in accordance with this chapter.

(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.

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(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.

(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 charges 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 Town may not exceed 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 Median Income (AMI), or rented at or below the HUD-defined 30% of gross income affordability thresholds.

(a) Generally. 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).

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(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 finding 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.

(a) State 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.

Table 1: Standards for State Exempt ADUs (Government Code Section 66323)

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The units described below must meet the standards described in Government Code section 66323 (see Table 1 above).

Table 2: State Exempt ADUs Allowed by Property Type (Gov. Code Section 66323)

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The 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)

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The following objective design standards shall apply to State ADUs pursuant to Government Code 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) Architectural Requirements.

1. The exterior walls, roof, windows, and doors of ADUs constructed entirely onsite 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.

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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.

(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

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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 singlefamily 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 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 the 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.

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[History: ORD. 770, 3/22/17; ORD. 801, 6/10/20; Urgency ORD. 813, 12/14/22; ORD. 818, 2/14/24; ORD. 2026-829, 1/28/26]

V. Large Family Day Care Homes

The purpose of section is to establish standards for large family day care homes.

(a) Findings. In adopting this section, the City Council hereby finds as follows:

(1) This Section establishes standards for permitting large family day care homes within the Town of Colma in compliance with state law, recognizing the limitations on the Town's authority to regulate these facilities.

For purposes of this Section, “state law” shall mean and refer to the California Child Day Care Facilities Act (Health & Safety Code § 1596.70 et seq.), and the accompanying California Code of Regulations, and a “large family day care home” shall mean 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.

(2) The standards and regulations imposed by the Town in subsection (c) are necessary to minimize the impacts of this land use on surrounding residents, as follows:

(i) The “concentration” standards in subsection (c)(3) are implemented to minimize traffic, parking and noise impacts on Colma residential districts which are high density with smaller minimum lot sizes than many other California communities. Residential densities in the region, for suburban neighborhoods with detached single family homes, range from 4.0 units per gross acre (1/4 acre lots) to about 8.7 units per gross acre (5,000 sq. ft. lots). Colma’s small minimum lot size, 33-1/3 x 100 feet, results in a residential density of 13.1 units per gross acre which is already a comparatively high density for a single family neighborhood. Allowing large care family homes in close proximity with each other would result in an extremely high density inconsistent with the surrounding region. A minimum distance of 300 feet between homes, results in roughly one large family day care home per 1.5 to 2 acres.

(ii) The “traffic control/parking” regulations in subsection (c)(4) are implemented to provide adequate pick-up and drop-off areas in order to:

(1) Protect the safety of children being picked up and dropped off for care;

(2) Ensure that vehicles reentering arterial streets do so in a forward manner for the safety of patrons of the large family day care home and other motorists;

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(3) Ensure that street traffic is not unduly interrupted;

(4) Minimize adverse parking impacts on residential streets that already face limited parking; and

(5) Prevent blockage of sidewalks and neighboring driveways. Streets in Sterling Park typically measure 30 feet between the face of the curb on opposite sides of the street. Emergency vehicles must be able to gain access to all parts of the area without unnecessary delays. Regulations that allow only single-family detached residences as infill to Sterling Park will prevent overcrowded use of the streets in the area which in turn would allow unrestricted use of the streets by emergency vehicles and will promote public safety. The City Council also finds that there is high demand for available on-street parking spaces on both sides of streets in the Sterling Park neighborhood resulting in a narrowed travel way and an existing, restricted sight distance for motorists. The addition of large care family homes in close proximity to each other would generate additional motor vehicles, adding to the parking congestion problem and intensifying the existing public safety problem.

(iii) The “noise” regulations in subsection (c)(5) are implemented to protect adjoining residential dwellings from noise impacts commonly associated with this use.

(iv) Sterling Park is an existing, relatively high density residential neighborhood with minimal public park and open space. Residents must rely heavily on private yards for outdoor open space. Regulations that allow only single-family detached residences as infill to Sterling Park will preserve the public peace and promote public safety by preventing competition between tenants from adjacent units over available open space on the same parcel.

(b) Procedure for Issuance of Use Permit/Appeal. A large family day care home may be permitted in the “R” or “R-S” Zone on any lot zoned for a single-family dwelling, upon issuance of a use permit by the City Planner in accordance with the procedures and requirements set forth below.

(1) The application for such use permit shall be on a form provided by the City Clerk and shall be submitted to the City Planner accompanied by an application processing fee. The use permit application shall be processed as economically as possible and the processing fee shall, in no event, exceed the costs of the application review and permit process. An applicant may make a written request for verification of the application processing fees charged, and the Town shall provide a written breakdown of fees charged within 45 days of such request.

(2) The City Planner shall issue said use permit if the City Planner determines that the large family day care home will comply with the requirements set forth below relating to such homes and with all other applicable state and local laws, rules and regulations, including without limitation, fire regulations.

(3) Not less than ten (10) days prior to the date on which the City Planner will determine whether to issue the use permit, the City Planner shall give written notice

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of the proposed use by mail or delivery to all property owners within a 300-foot radius of the exterior boundaries of the proposed large family day care home at the addresses shown on the last equalized assessment roll. No hearing on the application shall be held prior to the City Planner’s decision unless a hearing is requested by the applicant or other affected person. If a hearing is requested, the City Council shall hold such hearing at its next regularly scheduled City Council meeting, and shall issue said use permit if it determines that the large family day care home will comply with all requirements set forth in Section (b)(2) above.

(4) The applicant or any other affected person may appeal the City Planner’s or the City Council’s decision to the City Council within ten (10) days of that decision in accordance with the procedures set forth in section 1.02.270 of the Colma Municipal Code. On the appeal, the City Council shall hear the use permit application and shall make an independent judgment to grant or deny the application. The appellant shall pay the cost, if any, of the appeal.

(c) Standards and Requirements for Granting Use Permit. In order to grant a use permit for a large family day care home, the City Planner or City Council must find that the home will comply with the standards and requirements set forth below:

(1) License. The provider of child care shall possess a current and valid Large Family Child Care Home license from the State of California, Department of Social Services. The Town’s Use Permit shall not become effective until such time as the State license is obtained. If said license is suspended or revoked by the State for any reason, the Town’s Use Permit for a Large Family Child Care Home shall immediately be suspended or revoked to the same extent.

(2) Incidental Use. The facility is the residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes.

(3) Concentration: No more than one (1) Large Family Day Care Home may be established within a 300 foot radius of another such use.

(4) Traffic Control/Parking:

(i) In addition to the minimum parking requirements for single family residences in the “ R” and “ RS” Zones set forth in Sections 5.03.080 and 5.03.090 respectively, where the large family day care home is located on a parcel having less than 22 feet of legally permitted on-street parking along the frontage of the parcel, or is located within a preferential parking area, the home shall provide: (1) one additional standard parking space, as defined in Section 5.03.232 of this Code, and one additional driveway space; or (2) two additional standard parking spaces, that shall be available during drop-off (6:00 a.m.-9:00 a.m.) and pick-up (4:00 p.m.-8:00 p.m.) hours to ensure that the children are not placed at risk and street traffic is not unduly interrupted. The required driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Section 5.03.232 of this Code.

l driveway space; or (2) two additional standard parking spaces, that shall be available during drop-off (6:00 a.m.-9:00 a.m.) and pick-up (4:00 p.m.-8:00 p.m.) hours to ensure that the children are not placed at risk and street traffic is not unduly interrupted. The required driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Section 5.03.232 of this Code.

(ii) Any home located on an arterial street shall have adequately designed off-street drop-off and pick-up areas, or an adequately designed off-street turn around area to ensure that vehicles reentering the arterial street will be able to do so in a forward manner.

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(iii) In addition to the minimum parking requirements for single-family residences in the “ R” and “ RS” Zones set forth in Sections 5.03.080 and 5.03.090 respectively, a large family day care home shall provide one additional parking space for each employee not living at the residence. The residential driveway approach may serve as this additional parking space if the parking space will not conflict with any required child drop-off/pick-up area and does not block the public sidewalk or right-of-way.

(iv) The large family day care home operation shall not result in cars blocking neighbors’ driveways.

(5) Noise: In order to protect adjoining residential dwellings from noise impacts, a large family day care home within any residential zoning district may only operate up to 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 8:00 a.m. and 7:00 p.m.

(6) Fire and Safety Standards: A large family day care home shall contain a fire extinguisher and smoke detectors on every floor and shall comply with all applicable requirements of the Colma Fire Protection District and all applicable regulations of the California State Fire Marshal designed to promote the fire and life safety of the children in these homes, including without limitation, those adopted pursuant to California Health and Safety Code Section 1597.46(e) and those published in Title 24 of the California Code of Regulations.

(7) Smoking. Smoking shall be prohibited during hours of operation by any person in all interior areas of a Large Family Day Care Home, and in all exterior areas while children are also present in such exterior area.

(8) Signs. On-site signs shall be in compliance with Section 5.03.320, Regulating Signs.

(9) Each home shall be inspected by the Town for compliance with the Uniform Housing Code and any regulations adopted by the State Fire Marshal which are applicable to large family day care homes.

• (10) In making a decision on a use permit application, the City Planner or Town may consider and specify other reasonable conditions that relate to parking, traffic, noise and spacing and concentrations of large family child-care homes.

(d) Use of a single-family dwelling for the purposes of a Large Family Day Care Home shall not constitute a change of occupancy for purposes of State Housing Law, Section 17910, et seq., or for purposes of local building and fire codes.

(e) Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and Town of Colma Building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to the Health and Safety Code.

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VI. Regulation of Multi-Family Uses in Single-Family Residential Zones

The purpose of this section is to preserve the residential character of neighborhoods in singlefamily residential zones by prohibiting the operation of boarding houses and rooming houses. This section is directed at the commercial use of property that is inconsistent with the residential character of the neighborhoods in single-family residential zones and not the identity of the users.

[History: ORD. 818, 2/14/24]

The operation of a boarding house or rooming house is prohibited in all single-family residential zones.

(a) Multi-family units.

(b) The renting of not more than two (2) rooms in a dwelling unit to individuals under separate rental agreements or leases is permitted by right as an accessory use in all residential districts, provided that:

• (i) The rental of rooms is for periods of at least fourteen (14) days; and

• (ii) The rooms which are rented are fully integrated within the dwelling unit such that the rented rooms:

  • (a) Have interior access to the rest of the dwelling unit;

  • (b) Do not have separate cooking facilities; and

  • (c) Do not have separate street addresses assigned to such rooms(s).

  • (d) All requirements for off-street parking are met except for the following:

    • (1) Pursuant to AB 2097, if a housing development project of twenty (20) dwelling units or more is within ½ mile of high quality public transit, no parking is required to be provided for the project.

(2) A development of 19 dwelling units or fewer may impose parking requirements per Parking Table 4 in Section 5.03.234.

(c) Notwithstanding anything to the contrary herein, this section does not permit a commercial use in a residential district unless such a use is specified in the regulations for the district.

(d) Violations. Violations of this ordinance are declared to be a public nuisance. Each violation is subject to the penalties set forth in Subchapter Five of Chapter One of the Colma

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Municipal Code.

[History: formerly § 5.331.3; ORD. 628, 5/11/05; ORD. 638, 12/14/05]

VII. "C" – Commercial Zone

The regulations herein are applicable to properties zoned Commercial and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

The commercial district provides commercial uses intended to serve both neighborhood and regional uses and include commercial developments. Development in these zones may include a variety of commercial and office functions and residential uses above the first floor.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted in the “C” Zone District, provided, that all businesses, services and processed shall be conducted entirely within an enclosed structure, except for off-street parking and loading:

• (1) Multi-family dwelling units up to six units;

• (2) A low-barrier navigation center;

• (3) An emergency shelter;

(4) An accessory dwelling pursuant to Section 5.03.100, which shall be limited to only existing single-family residential structures existing as of May 2017 and only where permitted by the General Plan;

(5) A Single Room Occupancy (SRO); and

(6) Supportive housing where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses per Government Code 65651 if proposed supportive development meets all the requirements of Government Code 65651.

• (b) Uses allowed in the “C” Zone upon issuance of an administrative use permit.

(1) The uses allowed in the “C” Zone with the issuance of a use permit pursuant to Section 5.03.242 may be permitted upon issuance of an administrative use permit, instead of a use permit, if the proposed use meets all of the following criteria:

A. Will occupy an existing commercial building or occupy a tenant space within an existing commercial building; and

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B. Is within the same Building Code occupancy classification of the existing building; and

• C. Does not require any building modifications; and

• D. Will not exceed the available on-site parking.

(2) This section shall not apply to the following uses, all of which still require a use permit pursuant to Section 5.03.242:

A. Uses which convert existing warehouse or light industrial space to office;

B. Uses which convert existing warehouse or light industrial space to auto repair;

• C. Uses which convert retail space to a restaurant or bar; and

D. Uses which convert warehouse or light industrial space to a use where hazardous materials use requires review by the San Mateo County Environmental Health Department based on responses to questions on their Hazardous Materials Notification Form.

(c) The following uses may be permitted in the “C” Zone upon issuance of a use permit in accordance with the procedures set forth:

(1) A commercial establishment (including but not limited to bank, brewery, cardroom, mixed-office and warehouse uses, office building, restaurant, retail store, theater, automobile sales, vehicle repair and service uses);

(2) A single-family dwelling provided the proposed residential density does not exceed that specified in the Colma General Plan;

(3) Residential Planned development on land identified in the Colma General Plan as suitable for residential uses, provided the proposed residential density does not exceed that specified in the Colma General Plan;

• (4) Supportive housing;

• (5) Transitional housing;

• (6) A light industrial establishment;

• (7) Communications structures;

• (8) Commercial center;

• (9) Retail Merchandising Unit (RMU);

• (10) Event;

• (11) Such other uses which are found by the City Council to be of a similar nature

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to the above described uses.

(d) Low barrier navigation centers may be permitted in the “C” Zone upon issuance of a use permit in accordance with the procedures set forth in Section IXX. Conditional Uses.

[History: formerly § 5.314; ORD. 234, 3/14/79; ORD. 309, 2/13/85; ORD. 425, 7/10/91; ORD. 506, 3/12/97; ORD. 638, 12/14/05; ORD. 720, 5/8/13; ORD. 728, 10/9/13; ORD. 737, 1/14/15; ORD. 758, 2/24/16; ORD. 770, 3/22/17]

The following regulations shall apply with respect to each lot zoned Commercial:

(a) All residential use within the "C" Zone shall be subject to the same requirements as are applicable to residential use in the "R" Zone, as set forth in section 5.03.082 above.

• (1) Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of high quality public transit.

• (2) A development of 19 dwelling units or fewer may impose parking requirements per Table 4 – Parking Standards, Section 5.03.232.

(b) Commercial establishment uses and light industrial uses shall be subject to the following requirements:

(1) Area: Each lot shall have a minimum average width of 33-1/3 feet and a depth of not less than 100 feet;

(2) Setbacks: The front yard shall have a depth of not less than five (5) feet from property line to front line of the building; the side yards shall not be less than five (5) feet wide; the rear yard shall not be less than five (5) feet deep.

(3) Not more than 50 per cent of any building site shall be covered by buildings.

(4) Parking: For each commercial or light industrial use, the user must provide and maintain facilities for parking, loading and unloading. The minimum number of off- street parking spaces (as defined in section 5.03.232) for each use shall be as set forth in the Parking Standards Table per section 5.03.232.

(5) Height: The maximum height of any building shall be forty (40) feet, except on Mission Road where the maximum height of any building shall be forty-two (42) feet.

(6) Design: The design of any building shall be subject to approval by the City Council which shall consider the height, design and use of such building in relation to the height, design and use of buildings in the surrounding area.

(7) Landscaping: Within the required setback area from streets there shall be maintained on each site only paved parking spaces, paved walks, paved driveways, lawns and landscaping; and the surface of so much of the remainder of each site as is not covered by buildings, by lawns, or by landscaping shall be treated so as to be

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dust free. The City Council may require, as a condition of the Use Permit, that all or a portion of the setback area be maintained in lawns or landscaping.

(8) Electrical Vehicle Charging Station: Install electric vehicle charging stations.

(9) Undergrounding and Screening of Utilities: Underground and screen utilities in new developments, at a minimum from the nearest above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(10) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noisesensitive land uses.

(11) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(12) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(13) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(14) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flowthrough planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(15) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(16) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and the study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(17) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(18) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide

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suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(19) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(20) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

(c) Commercial Centers: A commercial center shall be subject to the following requirements:

(1) Area: The building site of a commercial center shall be one-half acre or more.

(2) Setbacks: No building shall be located less than twenty (20) feet from any property line to any portion of the building.

(3) Parking: In any commercial center, the minimum amount of off-street parking shall be such that the ratio of parking spaces to gross leasable area in the shopping center shall be five (5) parking spaces as defined in section 5.01.080 for each one thousand (1,000) square feet of gross leasable area, as herein defined:

(i) For the purpose of this section, gross leasable area (GLA) shall mean the total floor area designed for tenant occupancy, including basements, mezzanines and upper floors. Area is measured from the center line of interior partitions and the outside face of exterior walls. GLA excludes common areas which are not set aside for occupancy and exclusive use of a commercial establishment within the shopping center, such as public toilets, truck and service facilities and malls;

(ii) Exception for gasoline service stations. Gasoline service stations and the area delineated on the shopping center site plan for their use shall have no off-street parking requirements.

(4) Height: The maximum height of any building shall be forty (40) feet, except on Mission Road where the maximum height of any building shall be forty-two (42) feet.

(5) Design: The design of any building in a commercial center shall be subject to approval of the City Council, which shall consider the height, design and use of such building in relation to the height, design and use of buildings in the surrounding area.

(6) Construction: No building shall have exterior walls constructed other than of tilt-up concrete or equal material, nor shall more than fifty per cent of the area of any building site be covered by buildings.

(7) Landscaping: Within the required setback area from streets there shall be maintained on each site only paved parking spaces, paved walks, paved driveways, lawns and landscaping; and the surface of so much of the remainder of each as is not

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covered by buildings, by lawns, or by landscaping shall be treated so as to be dust free. The City Council may require, as a condition of the Use Permit, that all or a portion of the setback area be maintained in lawns or landscaping.

(8) Electric Vehicle Charging Station: Install electric vehicle charging stations.

(9) Underground and screen utilities in new developments, at a minimum from the nearest above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(10) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noisesensitive land uses.

(11) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(12) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(13) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(14) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flowthrough planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(15) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(16) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(17) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(18) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that

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may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(19) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(20) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

(d) Emergency Shelters: An emergency shelter shall be subject to the following requirements:

(1) No individual or household may be denied emergency shelter because of an inability to pay.

(2) Development Standards

(i) Proximity to Other Shelters: No emergency shelter shall be located closer than three hundred (300) feet to another emergency shelter.

(ii) Vehicle Parking: An emergency shelter shall provide off-street parking spaces totaling the sum of: 0.35 parking spaces for every bed, rounded up to the nearest whole parking space; and one parking space for each employee who is working at the same time as another employee; and all parking spaces required under the Americans with Disabilities Act.

(iii) Bicycle Parking: An emergency shelter shall provide a minimum of one bicycle space for every five beds.

(iv) Shelter Capacity: No emergency shelter shall contain more than thirty (30) beds. The maximum number of beds in all emergency shelters in the Town shall not be less than the number of unsheltered homeless persons in Colma as determined in San Mateo County’s Homeless Survey.

(v) Client Waiting Areas: Client waiting areas shall be sized and located appropriately to keep clients from waiting on the public right-of-way.

(vi) Length of Stay: The length of stay per individual in an emergency shelter shall not exceed six (6) months in a consecutive 12-month period.

(vii) Screening of Outdoor Uses: An emergency shelter shall not allow or include any of the following to occur in front of an emergency shelter or in any other location incidental to the shelter that is visible from adjoining properties or the public right-of-way, unless entirely screened from public view.

(a) -designated outdoor smoking area;

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• (b) -outdoor waiting and client intake area;

• (c) -outdoor public telephones; and

• (d) -outdoor refuse area.

(viii) Exterior Lighting: Lighting in or on an emergency shelter shall be stationary, directed away from adjacent properties and public rights-of- way, and of an intensity that is consistent with existing lighting in the surrounding area in which the shelter is located.

(ix) Laundry Facilities: An emergency shelter shall provide laundry facilities to serve the persons residing in the shelter.

(x) Personal Property Storage: An emergency shelter shall provide secure areas for temporary storage of personal property of the persons residing in the shelter.

(3) Management Standards

(i) Emergency Shelter Management Plan: The operator of an emergency shelter shall prepare and submit to the City Planner for its approval, a management plan that includes the following: established staff training program to meet the needs of emergency shelter residents; adequate security measures to protect emergency shelter residents and the neighboring land uses; on-site management and security personnel who must be present at all times when the emergency shelter is in operation; and a list of services provided to assist emergency shelter residents with obtaining permanent housing and income.

(ii) The operator shall, at all times, comply with and perform all terms and conditions of the management plan approved by the City Planner.

[History: formerly § 5.332; ORD. 234, 3/14/79; ORD. 319, 5/08/85; ORD. 467, 6/8/94; ORD. 480, 5/10/95; ORD. 505, 2/19/97; ORD. 638, 12/14/05; ORD. 687, 1/13/10; ORD. 720, 5/8/13; ORD. 728, 10/9/13

VIII. “COD” – Commercial Overlay Zoning District

The regulations herein are applicable to properties zoned Commercial Overlay Zoning District and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

A Commercial Overlay District (COD) was created as part of Colma’s General Plan 2040 - adopted on March 23, 2023 – that encompasses two sites: one on the east side of Hillside Boulevard with Sand Hill Road to the north and Lawndale Boulevard intersection to the south – totaling 32.8-acre contiguous area; and the three-acre triangular-shaped Italian Cemetery property located east of El Camino Real and west of BART right-a-way - Figure LU.3 of Land

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Use Element of the Town’s General Plan 2040. The COD, in addition to the district’s initial land use designation (G zoning district), provides the general uses that are allowed in the commercial zones including commercial establishments, and the Commercial (“C”) Zone development standards would apply pursuant to Colma Municipal Code Section 5.03.133. The purpose of the COD establishment is to extend the commercial zone in the Town to the two enlisted sites for greater economic development opportunities.

[History: ORD. 818, 2/14/24]

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==> picture [472 x 612] intentionally omitted <==

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IX. "DR" – Design Review Combining Zone

The regulations herein are applicable to properties zoned Design Review Combining and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

The "DR" Design Review zone may be combined with all base zones to achieve a consistent site, landscape and building design theme in those areas where it is applied.

[History: formerly § 5.315; ORD. 500, 10/9/96; ORD. 638, 12/14/05; ORD. 818, 2/14/24]

(a) Such zone shall be in addition to and lay over the land use zones set forth in section 5.03.050, above. All real property from the junction of Mission Road and El Camino Real on the south to the junction of F Street and El Camino Real on the north, and from Junipero Serra Boulevard on the west to the Town limits on the east, plus all property fronting on Mission Road, shall be in the “DR” Zone.

(b) Applicability. The requirements of this section shall apply to all site, landscape and building plans, whether submitted in connection with the construction of a new building or an alteration or modification to the structure or façade of an existing building, within the area described in Section 5.03.040(d) with the following exceptions:

(1) An addition or modification to an existing building where the addition or modification, if it were to conform to the DR standards, would clash with the building’s established architectural theme.

(2) Construction of secondary or accessory structures on parcels with existing buildings where the new building plans, were they to conform to the DR standards, would clash with existing improvements having recognized historical or architectural merit.

(3) Construction of new buildings on cemetery grounds with a G base zone, where the new site and building plans, were they to conform to the DR standards, would clash with existing improvements having recognized historical or architectural merit.

(4) Wireless Communications Facilities in the “DR” Zone shall be subject to the requirements of subchapter 5.17 only.

(c) DR (S) Design Standards. All plans for development in the portion of the “DR” Zone which are designated with an “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style as defined in the following subsections.

(1) Building Design Elements. Principal structures and secondary structures such

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as, storage buildings and trash enclosures must be architecturally consistent. The following design elements must be present in all buildings:

(i) Buildings shall incorporate simple, stepped massing, highlighted with towers, cupolas and varied chimney forms. Flat walls shall be minimized by interruptions using balconies, patios, shed roof elements, clerestory windows, gable end or trellis arcades and colonnades of stylized columns or arches.

(ii) Roofs shall be low pitched gable and shed roof types with terra-cotta or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

be low pitched gable and shed roof types with terra-cotta or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

(iii) Wall surfaces shall be composed primarily of stucco and must be articulated by use of columns, piers and pilasters. Window and door openings shall be varied in size and articulated by use of deep reveals, exposed lintels and sills, iron grillwork and faux balconies. Arched openings are encouraged.

(iv) Door and window openings shall be designed to convey the thickness of masonry construction by recessing the doors and windows and using ornamental surrounds. Ornamentation may consist of stucco moldings, bands of tile or other framing. Glass areas must be broken up by mullions. Operable casement or double hung windows are encouraged.

Windows can be covered externally with appropriately designed grilles integral to the surface of the building.

(v) New development projects shall document adequate water supplies for fire suppression.

(2) Site and Landscape Design Elements. The following elements must be present in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and conceal utility vaults, back flow prevention devices, trash dumpsters and other accessory elements that may not be compatible with the SpanishMediterranean theme.

(ii) A formal balanced planting layout shall be achieved by using elements such as landscape entry features, tree lined walks and drives, and boundary tree rows. Formal placement of trees in courts, pavilions and parking lots can significantly enhance the character of these public and private areas. Use of accent features such as brightly colored flowers and palm trees is encouraged. Drought tolerant and California native plant materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors, trellises, fountains, walks, pavilions, curbs, light standards, benches, sculpture, enhanced pavement (materials, textures and patterns), garden walls (free standing and retaining), wood fences and gates, ironwork gates and railings, planting pots and urns in order to integrate the Spanish/Mediterranean design

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theme throughout the overall project design.

(iv) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(v) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(vi) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(vii) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(viii) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(ix) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(x) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(xi) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(xii) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(xiii) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

(xiv) Cultural Sites and Historic Resources. Consult with Colma Historical

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Association on discretionary review projects involving cultural sites and historic resources in the Town of Colma.

(d) DR Design Standards. All plans for development in the “DR” Zone without an “(S)” designation shall incorporate building, site and landscape design elements that are appropriate for the setting based on surrounding properties as defined in the following subsections.

(1) Building Design Elements. Principal structures and secondary structures such as, storage buildings and trash enclosures must be architecturally consistent with each other. The following design elements must be present in all buildings:

(i) Buildings shall incorporate simple, stepped massing. Flat walls shall be composed of a durable material and shall be minimized by interruptions including wall off-sets, varied use of materials, trim banding, score lines, trim molding, contrasting colors, trellises etc. The use of tower or articulated roof elements is encouraged.

(ii) Roofs shall be low pitched gable and shed roof types. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

(2) Site and Landscape Design Elements. The following elements must be present in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and conceal utility vaults, back flow prevention devices, trash dumpsters and other accessory elements.

(ii) A formal balanced planting layout shall be achieved by using elements such as landscape entry features, tree lined walks and drives, and boundary tree rows. Formal placement of trees in courts, pavilions and parking lots can significantly enhance the character of these public and private areas. Use of accent features such as brightly colored flowers and palm trees is encouraged. Drought tolerant and California native plant materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors, trellises, fountains, walks, pavilions, curbs, light standards, benches, sculpture, enhanced pavement (materials, textures and patterns), garden walls (free standing and retaining), wood fences and gates, ironwork gates and railings, planting pots and urns as appropriate to the project.

(iv) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(v) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise

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standards listed.

(vi) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(vii) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(1) Require new grading or development to prevent erosion on slope and hillside areas by revegetation or use of slope protection material. Require project grading and drainage plans to demonstrate how the project will maintain natural surface drainage and existing vegetation, to the extent feasible.

(2) Tent Structures are allowed, subject to the following design standards. All Tent Structures are considered structures and therefore may only be installed pursuant to a valid Building Permit.

• (i) Tents shall be located only on paved areas and not on approved landscaping. Tents shall not block any access aisles or fire lanes. A total of three tents per property are permitted at any given time, not to exceed 400 square feet each (1,200 square feet total). Exceptions may be granted by the City Planner for infrequent special events.

• (ii) Tents shall be made of high quality fire retardant materials, and must be in colors which are consistent with color that matches the principal building on the site or approved signage on the property. Tents shall be securely fastened according to accepted engineering practices.

(viii) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(ix) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(x) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(xi) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed

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habitat with native and/or non-invasive, naturalized species.

(xii) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(xiii) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(xiv) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

(xv) Cultural Sites and Historic Resources. Consult with Colma Historical Association on discretionary review projects involving cultural sites and historic resources in the Town of Colma.

(e) Design Review Procedure and Approval. No grading or building permit shall be issued until design plans have been reviewed and approved. Plans shall be submitted to the City Planner for review and approval according to the following procedures:

(1) City Council Approval. Whenever the project requires approval of a Use Permit, Subdivision Map, Planned Unit Development, or other action by the City Council, then the City Council shall also, at that time, make the determination to approve the design in accordance with this ordinance. Determinations made by the City Council may be reconsidered in accordance with the procedures set forth at Section 5.03.243.

(2) Zoning Administrator Approval. The Zoning Administrator shall make the determination to approve the design of all projects other than those described in the preceding paragraph, and any determination by the Zoning Administrator 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.

(3) Modification of Standards. The City Council or Zoning Administrator may, in its sole discretion, modify the application of these DR Design Standards to a modification or addition of an existing building after considering: (a) the nature of the specific standard or standards to be applied; (b) the economic impact of strict compliance with these standards on the property; and (c) the extent to which strict compliance interferes with the property owner’s investment-backed expectations.

(4) Findings. The City Council or Zoning Administrator, as appropriate, may approve a design only if it finds that:

(i) The architectural, site and landscape design of the proposed project incorporates design elements adopted for the “DR” Zone.

(ii) The architectural, site and landscape design substantially reflects the

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goal of the “DR” Zone to achieve a consistent site, landscape and building design theme for the Town of Colma.

(5) Fees. Design review fees shall be set forth in the Town of Colma Master Fee Schedule.

[History: formerly § 5.333, ORD, 467, 6/8/94; ORD. 500, 10/9/96; ORD. 521, 12/10/97; ORD. 524, 1/14/98; ORD. 551, 4/14/1999; ORD. 638, 12/14/05; ORD. 707, 4/11/11; ORD. 748, 9/9/15]

(a) Applicability. The requirements of this section shall apply to all site, landscape and building plans, whether submitted in connection with the construction of a new building or an alteration or modification to the structure or façade of an existing building, within the area described in Section 5.03.040(d) with the following exceptions:

(1) An addition or modification to an existing building where the addition or modification, if it were to conform to the DR standards, would clash with the building’s established architectural theme.

(2) Construction of secondary or accessory structures on parcels with existing buildings where the new building plans, were they to conform to the DR standards, would clash with existing improvements having recognized historical or architectural merit.

(3) Construction of new buildings on cemetery grounds with a G base zone, where the new site and building plans, were they to conform to the DR standards, would clash with existing improvements having recognized historical or architectural merit.

(4) Wireless Communications Facilities in the “DR” Zone shall be subject to the requirements of subchapter 5.17 only.

(b) DR (S) Design Standards. All plans for development in the portion of the “ DR” Zone which are designated with an “(S)” shall incorporate building, site and landscape design elements representing the Spanish/Mediterranean style as defined in the following subsections. The aforementioned does not apply to new solar panels and its supporting structure (i.e., carport) in existing parking lots within the DR(S) Zoning District.

(1) Building Design Elements. Principal structures and secondary structures such as, storage buildings and trash enclosures must be architecturally consistent. The following design elements must be present in all buildings:

(i) Buildings shall incorporate simple, stepped massing, highlighted with towers, cupolas and varied chimney forms. Flat walls shall be minimized by interruptions using balconies, patios, shed roof elements, clerestory windows, gable end or trellis arcades and colonnades of stylized columns or arches.

(ii) Roofs shall be low pitched gable and shed roof types with terra-cotta

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or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

(iii) Wall surfaces shall be composed primarily of stucco and must be articulated by use of columns, piers and pilasters. Window and door openings shall be varied in size and articulated by use of deep reveals, exposed lintels and sills, iron grillwork and faux balconies. Arched openings are encouraged.

(iv) Door and window openings shall be designed to convey the thickness of masonry construction by recessing the doors and windows and using ornamental surrounds. Ornamentation may consist of stucco moldings, bands of tile or other framing. Glass areas must be broken up by mullions. Operable casement or double hung windows are encouraged. Windows can be covered externally with appropriately designed grilles integral to the surface of the building.

(2) Site and Landscape Design Elements. The following elements must be present in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and conceal utility vaults, back flow prevention devices, trash dumpsters and other accessory elements that may not be compatible with the SpanishMediterranean theme.

(ii) A formal balanced planting layout shall be achieved by using elements such as landscape entry features, tree lined walks and drives, and boundary tree rows. Formal placement of trees in courts, pavilions and parking lots can significantly enhance the character of these public and private areas. Use of accent features such as brightly colored flowers and palm trees is encouraged. Drought tolerant and California native plant materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors, trellises, fountains, walks, pavilions, curbs, light standards, benches, sculpture, enhanced pavement (materials, textures and patterns), garden walls (free standing and retaining), wood fences and gates, ironwork gates and railings, planting pots and urns in order to integrate the Spanish/Mediterranean design theme throughout the overall project design.

(c) DR Design Standards. All plans for development in the “ DR” Zone without an “(S)” designation shall incorporate building, site and landscape design elements that are appropriate for the setting based on surrounding properties as defined in the following subsections.

(1) Building Design Elements. Principal structures and secondary structures such as, storage buildings and trash enclosures must be architecturally consistent with each other. The following design elements must be present in all buildings:

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(i) Buildings shall incorporate simple, stepped massing. Flat walls shall be composed of a durable material and shall be minimized by interruptions including wall off-sets, varied use of materials, trim banding, score lines, trim molding, contrasting colors, trellises etc. The use of tower or articulated roof elements is encouraged.

(ii) Roofs shall be low pitched gable and shed roof types. All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.

(2) Site and Landscape Design Elements. The following elements must be present in the site and landscape designs:

(i) Site plan and landscape design must appropriately integrate and conceal utility vaults, back flow prevention devices, trash dumpsters and other accessory elements.

(ii) A formal balanced planting layout shall be achieved by using elements such as landscape entry features, tree lined walks and drives, and boundary tree rows. Formal placement of trees in courts, pavilions and parking lots can significantly enhance the character of these public and private areas. Use of accent features such as brightly colored flowers and palm trees is encouraged. Drought tolerant and California native plant materials are encouraged.

(iii) Landscape design shall incorporate features such as arbors, trellises, fountains, walks, pavilions, curbs, light standards, benches, sculpture, enhanced pavement (materials, textures and patterns), garden walls (free standing and retaining), wood fences and gates, ironwork gates and railings, planting pots and urns as appropriate to the project.

(3) Tent Structures are allowed, subject to the following design standards. All Tent Structures are considered structures and therefore may only be installed pursuant to a valid Building Permit.

(i) Tents shall be located only on paved areas and not on approved landscaping. Tents shall not block any access aisles or fire lanes. A total of three tents per property are permitted at any given time, not to exceed 400 square feet each (1,200 square feet total). Exceptions may be granted by the City Planner for infrequent special events.

(ii) Tents shall be made of high quality fire retardant materials, and must be in colors which are consistent with color that matches the principal building on the site or approved signage on the property. Tents shall be securely fastened according to accepted engineering practices.

(d) Design Review Procedure and Approval. No grading or building permit shall be issued until design plans have been reviewed and approved. Plans shall be submitted to the City Planner for review and approval according to the following procedures:

(1) City Council Approval. Whenever the project requires approval of a Use

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Permit, Subdivision Map, Planned Unit Development, or other action by the City Council, then the City Council shall also, at that time, make the determination to approve the design in accordance with this ordinance. Determinations made by the City Council may be reconsidered in accordance with the procedure set forth at Section 5.03.420.

(2) Zoning Administrator Approval. The Zoning Administrator shall make the determination to approve the design of all projects other than those described in the preceding paragraph, and any determination by the Zoning Administrator 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. The design review project for ‘G’ Zone monumental buildings in cemetery zones of 300 square feet or less are not subject to Design Review approval by the Zoning Administrator.

preceding paragraph, and any determination by the Zoning Administrator 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. The design review project for ‘G’ Zone monumental buildings in cemetery zones of 300 square feet or less are not subject to Design Review approval by the Zoning Administrator.

(3) Modification of Standards. The City Council or Zoning Administrator may, in its sole discretion, modify the application of these DR Design Standards to a modification or addition of an existing building after considering: (a) the nature of the specific standard or standards to be applied; (b) the economic impact of strict compliance with these standards on the property; and (c) the extent to which strict compliance interferes with the property owner’s investment-backed expectations.

(4) Findings. The City Council or Zoning Administrator, as appropriate, may approve a design only if it finds that:

(i) The architectural, site and landscape design of the proposed project incorporates design elements adopted for the “DR” Zone.

(ii) The architectural, site and landscape design substantially reflects the goal of the “ DR” Zone to achieve a consistent site, landscape and building design theme for the Town of Colma.

(5) Fees. Design review fees shall be set forth in the Town of Colma Master Fee Schedule.

[History: formerly § 5.333, ORD, 467, 6/8/94; ORD. 500, 10/9/96; ORD. 521, 12/10/97; ORD. 524, 1/14/98; ORD. 551, 4/14/1999; ORD. 638, 12/14/05; ORD. 707, 4/11/11; ORD. 748, 9/9/15]

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a) Applicability. The following objective design standards shall apply to residential projects consisting of multi-family residential units only or mixed-use buildings within the “PD” and “C” Zone Districts, as defined below.

(1) Mixed-use: a building consisting of residential and non-residential uses (e.g., commercial retail, retail service, office, civic, and institutional) with at least two-thirds of the square footage designated for residential use, transitional housing, or supportive housing.

(2) Multi-family Dwelling: a residential structure containing two or more residential dwelling units, each of which is for the occupancy by one or more persons, including duplexes, triplexes, fourplexes, apartments, condominiums, and townhouses.

b) Building Entries, Stairwells, and Garages. To create an attractive, welcoming, safe, and active interface between private development and public spaces, buildings and site design shall meet the following objective criteria:

(1) All residential developments

i. Residential entries: residential units that are not adjacent to the street shall have front entries that are oriented to common areas such as paseos, courtyards, parking areas, and active landscape areas. (CPTED)[1]

ii. Exterior stairwells: exterior stairwells shall not be oriented to the street. For safety and security, exterior stairwells shall face interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways, and shall not be separated from these areas by landscaping, fences, or walls taller than three feet. (CPTED[1] ).

iii. Access control: gated, fenced, underground parking facilities and gated exterior stairwells shall incorporate access control technology (e.g., access card or key).

iv. Security camera system: developments with more than 12 units shall incorporate a monitored or recorded security system.

(2) Multi-family residential developments

i. Front entries: buildings positioned along the street shall orient front entries to the street. Street facing residential units shall have covered entries with a minimum recess or projection of 48 square feet in area.

ii. Entryway design: street facing entries shall be accentuated by a minimum of one (1) of the following:

1 (CPTED indicates a standard that addresses crime prevention through environmental design

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A. a change in roof pitch or form, such as a gable, that extends a minimum or one foot past the sides of the floor jamb.

B. an increase in roof height of at least one (1) foot to accentuate the entry.

C. wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

iii. Garage doors: for projects containing (5) or more units, garage doors shall not face a public street(s) but may be oriented toward an alley or private street/driveway that is internal to the project. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.

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(3) Mixed-use residential developments

i. Commercial/office units: commercial/office unit entrances shall face the street, a parking area, or an interior common space.

ii. Residential units: residential units in a mixed-use development shall be located on the upper floors of any elevation that faces a public street with residential access provided through a separate entry along each frontage or a single entry at the corner.

c) Massing and articulation. To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria:

a. Residential adjacencies. The side and rear walls of any building within 15 feet of a required setback shall be a maximum of 15 feet higher than the directly adjacent existing residential structure, or the exterior wall plane of each floor above the ground

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floor shall be stepped back by a minimum of eight (8) feet along the entire facade. There is no setback requirement for side and rear walls more than 15 feet from the required setback line.

==> picture [357 x 191] intentionally omitted <==

(2) Major massing breaks. Buildings shall have major massing breaks along any street frontage or publicly visible area by incorporating at least one (1) of the following features.

• i. stepping back each subsequent floor by a minimum of eight feet;

ii. recessed or projected covered entries with a minimum of 24 square feet;

iii. ground floor building recessions that provide sheltered walkways within the building footprint with a minimum width of eight feet;

iv. ground floor courtyards within the building footprint with a minimum area of 48 square feet; or

==> picture [468 x 231] intentionally omitted <==

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(3) Minor massing breaks. Buildings shall have minor massing breaks at least every 30 feet along any elevation by incorporating at least one (1) of the following features:

• i. doors and windows recessed by a minimum of four (4) inches;

ii. variations in wall plane (projection or recess) by a minimum of two (2) feet in depth for at least 30 percent of the facade;

iii. vertical elements, such as pilasters, that protrude a minimum of one (1) foot from the wall surface and extend the full height of the structure; or

iv. any of the major massing breaks noted above can be double counted as a minor massing break, so long as it is located within the 30-foot section.

==> picture [383 x 205] intentionally omitted <==

(4) Roofline articulation. Rooflines shall be vertically articulated at least every 36feet along the street frontage through one (1) of the following techniques:

• i. A change in wall or roof height of a minimum four (4) feet;

• ii. A change in roof pitch or form; or

iii. The inclusion of dormers, gables, parapets, and/or varying cornices.

(5) Building variation. This section shall apply to non-DR(S) zone sites only. Buildings three (3) stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body, and top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through use of one (1) of the following techniques:

i. Variation in building modulation for a minimum of 70 percent of the length of the facade, through changes in wall planes that protrude and/or recess with a minimum dimension of four (4) feet;

ii. Balconies or habitable projects with a minimum of two (2) feet in depth for a minimum 25 percent of the length of the facade;

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iii. Variation in facade articulation, through horizontal and/or vertical recesses or projections (minimum four (4) inches in depth) such as shading and weather protection devices, decorative architectural details, or a pattern or grouping of windows, panels, or bay windows;

==> picture [468 x 250] intentionally omitted <==

iv. Variation in fenestration, through at least two (2) of the following; size[2] , proportion[3] , or pattern; or

v. Variation in facade material, through at least two (2) of the following: size[4] , texture, pattern, or color.

==> picture [468 x 190] intentionally omitted <==

2 including: incorporating a stepback, recession, or projection with a minimum depth of four (4) feet.

3 Including: a change in the surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent.

4 Including: a change in depth of at least four (4) inches).

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d) Architectural Elements: To create a sense of place within buildings that are cohesive, well-crafted, and enhance the public’s experience, buildings shall be designed to meet the following objective criteria.

(1) Corner treatments: corner buildings that are two (2) stories in height shall include at least one (1) of the following features within 15 feet from each edge of the building corner. Buildings that are three (3) or more stories in height shall incorporate a minimum of two (2) of the following features within 15 feet from each edge of the building corner:

• i. change in primary wall material and color;

• ii. change in height of more than (4) feet;

• iii. change in wall plane of a minimum depth of two (2) feet;

• iv. entry to ground floor retail or primary building entrance;

• v. different fenestration pattern from the primary facade;

• vi. open space with a minimum dimension of 16 feet and minimum area of 450 square feet, which accommodates either a publicly accessible courtyard/plaza, or outdoor public seating.

(2) End units: End units shall include the following features on their side elevations: a minimum 15 percent fenestration area, and at least one (1) facade modulation with a minimum depth of 18 inches and a minimum width of two (2) feet. Example: wrap around front porch.

(3) Balconies, Patios, and Porches: All ground floor residential units a minimum of 51 percent of the upper floor residential units shall include a balcony, patio, porch, or stoop, and this feature shall be a minimum of 48 square feet in area. Fractional calculations shall be rounded up. Balcony walls above the ground floor shall be a maximum of 15 percent transparent.

==> picture [469 x 187] intentionally omitted <==

(4) Facade transparency: At least 60 percent of the ground floor, street facing walls of non-residential units shall include transparent window or door glazing

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between two (2) and ten (10) feet in height from grade, providing unobstructed views into the non-residential space. Where it is infeasible to provide glazing, such as a parking garage, trash room, mechanical room, or electrical room, landscaping with a minimum dimension of 18-inches in depth and a width equivalent to 70 percent of the wall shall be provided to soften the appearance of a blank wall on the ground floor.

==> picture [325 x 202] intentionally omitted <==

(5) Windows and doors: Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth from the wall. Foam trim molding is prohibited on the ground floor. When recessed, the building primary siding material (masonry or stucco) shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 3” in depth.

==> picture [375 x 213] intentionally omitted <==

(6) Personal outdoor space: A minimum of 10 square feet (80 cubic feet) of personal outdoor public storage space shall be provided for each dwelling unit. Personal outdoor storage areas shall be covered and able to be locked.

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• e) Colors and Materials. To ensure that buildings include a variety of color palettes and textures with durable and attractive materials that contribute to the aesthetic quality of the development and the neighborhood, buildings shall be designed to meet the following objective criteria:

(1) Primary wall finish material: The primary wall finish material[5] shall be wood, stone, brick, stucco, fiber cement, or other cementitious material, or stone. T1-11 siding and all grooved or patterned wood panel or composite wood panel siding are prohibited.

(2) Required number of materials: Structures shall incorporate a minimum of two building materials on each building elevation. Trim does not count as the second material.

(3) Colors: structures shall have a color palette that consists of at least two (2) body colors and two (2) accent colors (not including roof color). Projects with two (2) or more residential structures shall include a minimum of two (2) color palettes and shall not use a single palette on more than 70 percent of the residential structures. Stone materials shall not be painted.

f) Circulation. To provide pedestrians, vehicles, and cyclists with safe and efficient site access and circulation, site design shall meet the following objective criteria:

• (1) Pedestrian circulation: all structures, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage. Pedestrian pathways shall be separated from roads and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planting strip.

• (2) Vehicular circulation: all parking areas shall be internally connected and shall use shared driveways within the development.

• (3) Carports: carports shall be painted with the approved color palette for the project.

• (4) Parking: parking shall not be located between the building frontage and a public sidewalk. Uncovered parking areas shall include a landscaped break with one (1) tree and a minimum width of five (5) feet at intervals of a maximum of every 12 parking stalls.

• (5) Bicycle parking: all structures with dwelling units shall provide short-term bike parking in the form of an inverted “U”. An artistic rack may be proposed, subject to discretionary City approval. Bicycle parking shall not be separated from building entrances by a road, parking area, or structure.

• (6) Covered parking spaces shall include a structure to mount solar panels.

5 Primary wall finish material: the material covering the largest percentage of surface area of any building face or elevation.

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g) Open space and common areas. To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a safe environment, and enhance the pedestrian experience, common area and open space design shall meet the following objective criteria:

(1) Outdoor space: Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other outdoor amenities as described below.

(2) Paved areas: Paved areas shall not exceed 50 percent of the required front or street side setback area.

(3) Courtyard and gathering areas: Internal courtyards and common areas shall be visible from the street, parking areas, pedestrian pathways, and/or interior building entries. (CPTED)

(4) Public art: Developments with more than 50 units shall provide at least one public art amenity,. subject to restrictions and procedures applicable to the DR (Design Review) Zone, to be approved by the City Council.

(5) Play areas: Multi-family developments with more than 10 units shall provide a play area with at least two structured play modules (e.g., slide and sand box, or tunnel and climber) and a picnic table adjacent to the play area as one of the required active outdoor amenities. Senior or convalescent type housing is exempted from the play area requirement but shall provide a shaded outdoor patio area with a minimum seating capacity of eight persons as one of the required active outdoor amenities.

east two structured play modules (e.g., slide and sand box, or tunnel and climber) and a picnic table adjacent to the play area as one of the required active outdoor amenities. Senior or convalescent type housing is exempted from the play area requirement but shall provide a shaded outdoor patio area with a minimum seating capacity of eight persons as one of the required active outdoor amenities.

(6) Outdoor amenities: Projects shall provide outdoor amenities according to the following table. Required amenity areas may be combined into a single area, if the minimum requirements for each amenity area are met within the combined area.

a) Passive recreation amenities: passive recreation amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/plaza. Each passive recreation area shall include a minimum seating capacity of one for each 10 units at least one of the following: trellis, gas fire pit, BBQ, or picnic table.

b) Active outdoor amenities: active recreation amenities include playground/tot lots, sport court/field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse with kitchen, recreation hall.

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h) Lighting

(1) Dusk to Dawn: All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways shall include dusk to dawn lighting for safety and security.

(2) Design and Placement: Lighting shall be recessed or hooded, downward directed, and located to illuminate only the intended area.

(3) Lighting Spill: Lighting shall not spill beyond the intended area and shall not extend across a property line.

==> picture [326 x 199] intentionally omitted <==

i) Fencing

(1) Fences and wall materials: Chain link or cyclone fences are prohibited.

j) Utilities and Service Areas

(1) Screening: utilities and utility vaults, and all mechanical equipment shall be screened or hidden from view from the public street.

(2) Refuse enclosures: trash, recycling, organic waste, and green waste bins shall be consistent with fire and building codes and shall be housed in a covered refuse enclosure with a gate that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste provider requirements.

(3) Refuse enclosure materials and colors: refuse enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development.

(4) Refuse enclosure access: refuse enclosures shall have both a vehicular access gate with a concrete apron, and a pedestrian entrance. Gates shall be opaque. Access shall conform to solid waste provider requirements.

[History: ORD. 818, 2/14/24]

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a) Applicability. The following objective design standards shall apply to single-family residential projects within the “R” and “R-S” Sterling Park Neighborhood Zones.

b) Building Entries. To create an attractive, welcoming, safe, and active interface between private development and public spaces, buildings and site design shall meet the following objective criteria:

• i. All residential developments

(1) Residential entries: residential units that are not adjacent to the street shall have front entries that are oriented to common areas such as paseos, courtyards, parking areas, and active landscape areas.

c) Massing and articulation. To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria:

• i. Residential adjacencies.

(1) Front setbacks. Buildings shall have a 15’ front setback in all zones. Buildings in the “R-S” Zone shall have a 19’ setback from the front property line to the front face of the garage and 60% of the front setback area devoted to landscaping.

(2) Rear setbacks. Single-story buildings shall have a 15’ rear setback and a two-story building shall have a 25’ setback. In the “R” Zone, the rear yard shall not be less than 25 percent of the total area of the lot, but such rear yard not to exceed 25 feet; save and except any “R” Zone located in that portion of Colma bounded by F Street, Hillside Boulevard, El Camino Real, and the northern boundary of the Town of Colma, in which the rear yard shall have a depth of not less than 15 feet from the property line to the rear line of the building and a depth of no less than 25 feet from the property line for the rear line of any portion of the building above two-story.

(3) Side setback. Buildings shall have a side setback of 10 percent width of the lot or 10 feet, whichever is less.

d) Architectural Elements: To create a sense of place within buildings that are cohesive, well-crafted, and enhance the public’s experience, buildings shall be designed to meet the following objective criteria.

(1) Corner treatments: corner buildings that are two (2) stories in height shall include at least one (1) of the following features within 15 feet from each edge of the building corner:

• a. change in primary wall material and color;

• b. change in height of more than (4) feet;

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• c. change in wall plane of a minimum depth of two (2) feet;

• d. different fenestration pattern from the primary facade;

(2) End units: End units shall include the following features on their side elevations: a minimum 15 percent fenestration area, and at least one (1) facade modulation with a minimum depth of 18 inches and a minimum width of two (2) feet. Example: wrap around front porch.

(3) Windows and doors: Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth from the wall. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 3” in depth. Refer to Figure 9 above.

e) Colors and Materials. To ensure that buildings include a variety of color palettes and textures with durable and attractive materials that contribute to the aesthetic quality of the development and the neighborhood, buildings shall be designed to meet the following objective criteria:

(1) Required number of materials: Structures shall incorporate a minimum of two (2) building materials on each building elevation. Trim does not count as the second material.

(2) Colors: structures shall have a color palette that consists of at least two (2) body colors and two (2) accent colors (not including roof color). Projects with two (2) or more residential structures shall include a minimum of two (2) color palettes and shall not use a single palette on more than 70 percent of the residential structures. Stone materials shall not be painted.

f)

Lighting

i. Dusk to Dawn: Building frontages shall include dusk to dawn lighting for safety and security.

ii. Design and Placement: Lighting shall be recessed or hooded, downward directed, and located to illuminate only the intended area. Refer to Figure 10 above.

iii. Lighting Spill: Lighting shall not spill beyond the intended area and shall not extend across a property line.

g) Fencing

• i. Fences and wall materials: Chain link or cyclone fences are prohibited.

h)

Utilities and Service Areas

i. Screening: utilities and utility vaults, and all mechanical equipment shall be screened or hidden from view from the public street.

[History: ORD. 818, 2/14/24]

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a) Applicability. An Accessory Dwelling Unit (ADU) shall comply with the following objective design standards. Architectural Elements. To create a sense of place within buildings that are cohesive, well-crafted, and enhance the public’s experience, buildings shall be designed to meet the following objective criteria.

(1) Windows and doors: Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth from the wall. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 3” in depth. Refer to Figure 9 above.

b) Colors and Materials. To ensure that buildings include a variety of color palettes and textures with durable and attractive materials that contribute to the aesthetic quality of the development and the neighborhood, buildings shall be designed to meet the following objective criteria:

(1) Required number of materials: Structures shall incorporate a minimum of two (2) building materials on each building elevation. Trim does not count as the second material.

(2) Colors: structures shall have a color palette that consists of at least two (2) body colors and two (2) accent colors (not including roof color). Projects with two (2) or more residential structures shall include a minimum of two (2) color palettes and shall not use a single palette on more than 70 percent of the residential structures. Stone materials shall not be painted.

c)

Lighting. Lighting shall be designed in the following manner:

(1) Dusk to Dawn: Building frontages shall include dusk to dawn lighting for safety and security.

(2) Design and Placement: Lighting shall be recessed or hooded, downward directed, and located to illuminate only the intended area. Refer to Figure 10 above.

(3) Lighting Spill: Lighting shall not spill beyond the intended area and shall not extend across a property line.

• d)

Fencing.

(1) Fences and wall materials: Chain link or cyclone fences are prohibited.

e) Utilities and Service Areas.

(1) Screening: utilities and utility vaults, and all mechanical equipment shall be screened or hidden from view from the public street.

[History: ORD. 818, 2/14/24]

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X. "P" – Public Zone

The regulations herein are applicable to properties zoned Public and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

The purpose of the Public zoning district is to provide for uses which are primarily publicserving in nature, including Town and other government offices, publicly owned recreation facilities, and fire and police facilities.

[History: ORD. 818, 2/14/24]

• (a) The following uses are permitted in the "P" Zone:

  • (1) Public buildings and parks, and any uses incident thereto; and

  • (2) Municipal supported senior housing.

(b) Wireless Communications Facilities, as regulated in Subchapter 5.17, may be permitted in the “P” Zone upon issuance of a use permit in accordance with the procedures herein set forth.

[History: formerly § 5.316; ORD. 234, 3/14/79; ORD. 459, 10/13/93; ORD. 638, 12/14/05; ORD. 728, 10/9/13]

There shall be no restrictions on buildings or use within the "P" Zone, except that it is the policy of the Town that any use in the "P" Zone shall be consistent with the other uses in the Town.

[History: formerly § 5.334; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

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XI. "E" – Executive, Administrative Zone

The regulations herein are applicable to properties zoned Executive, Administrative and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

[History: ORD. 818, 2/14/24]

• (a) The following uses are generally permitted on land located within the "E" Zone:

  • (1) A cemetery or memorial park;

  • (2) Floriculture or agriculture.

(b) The following uses may be permitted by the City Council on land located in the "E" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

• (1) Nurseries;

• (2) Flower Shops;

• (3) Monument Shops;

(4) Medical Service Offices where medical, dental or veterinarian consultation, treatment and/or advice is dispensed on an outpatient basis;

(5) Professional Business Offices where professional or technical business services are offered and/or where the administrative management function of a business is performed and where no external signing is required;

(6) Restaurants provided that banquet facilities are included capable of accommodating 50 or more persons separated from the principal dining facilities.

(7) Such other uses as the Council finds are of a similar nature to the specified uses.

(c) Wireless Communications Facilities, as regulated in Subchapter 5.17, except those permitted pursuant to Section 5.17.010 or Section 5.17.120, are specifically prohibited in the “E” Zone.

(d) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

[History: formerly § 5.317; ORD. 234, 3/14/79; ORD. 321, 7/10/85; ORD. 372, 7/13/88; ORD. 638, 12/14/05; ORD. 728, 10/9/13]

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The following regulations shall apply with respect to each lot zoned Executive, Administrative:

(1) Area: Each lot shall have a minimum average width of 33-1/3 feet and a depth not less than 100 feet.

(2) Setbacks: The front yard shall have a depth of not less than five (5) feet from property line to the front line of any building except that any yard facing El Camino Real shall be thirty (30) feet; the side yards shall not be less than five (5) feet wide; the rear year shall not be less than five (5) feet deep.

(3) Site Coverage: Not more than fifty percent (50%) of any building site shall be covered by buildings.

(4) Parking: There shall be maintained on each building site facilities for parking, loading, and unloading; provided, however, that off-street parking shall in no event be less than the following standards:

(i) Retail Stores: one (1) parking space for each one hundred (100) square feet of sales floor area, but in no case less than one (1) space for each two hundred (200) square feet of gross floor area.

(ii) Professional Business and Medical Service Offices: one (1) parking space for each three hundred (300) square feet of gross floor area.

(iii) Restaurants: One (1) parking space for each four (4) seats for seating other than private banquet facilities; and with respect to private banquet facilities such additional parking as may be appropriate considering the size of the facility, the reasonably anticipated utilization of the banquet facility, and the availability of adjacent parking; provided, however, that the amount of parking required for banquet facilities shall be no greater than one (1) parking space for each four (4) seats.

(iv) All other uses: minimum of one (1) space for each five (5) regular employees but, in any case, not less than one (1) space for each two thousand (2,000) square feet of gross floor area, or fraction thereof.

(5) Height: The maximum height of any building shall be thirty-six (36) feet.

(6) Design: The design of any building shall be subject to approval by the City Council who shall consider the height, design and use of such building in relation to the height, design and use of buildings in the surrounding area.

(7) Landscaping: Within the required setback area from El Camino Real there shall be maintained only paved walks, paved walks, paved driveways, lawns and landscaping. The landscaping shall be consistent with landscaping in the surrounding area, and shall screen parking areas from passerby on the adjacent street. The City Council may require, as a condition of any Use Permit, that all or a portion of the setback area be maintained as lawns or landscaping.

(8) Parking shall be placed behind buildings or well screened by landscaping.

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(9) Any roll-up doors and loading areas shall be located so as not to face public roads.

(10) Electric Vehicle Charging Stations: Install electric vehicle charging stations.

(11) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(12) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noisesensitive land uses.

(13) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(14) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(15) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(16) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flowthrough planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(17) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(18) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(19) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(20) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide

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suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

(21) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(22) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.335.1; ORD. 321, 7/10/85; ORD. 372, 7/13/88; ORD. 638, 12/14/05]

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XII. "PD" – Planned Development Zone

(a) The regulations herein are applicable to properties zoned Planned Development and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to all Zones.

[History: ORD. 818, 2/14/24]

It is the purpose of this section to establish a “PD”- Planned Development Zone to allow flexibility of design which is in accordance with the objectives and spirit of the General Plan.

[History: ORD. 818, 2/14/24]

(a) The following uses are permitted within the "PD" Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:

• (1) Single-family residential developments;

• (2) Low-barrier barrier navigation center;

• (3) Group homes for six (6) or fewer, and seven (7) or more residents;

• (4) Multiple housing developments;

• (5) Neighborhood and community commercial centers;

• (6) Professional and administrative offices;

• (7) A Single Room Occupancy (SRO);

Supportive housing where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses per Government Code 65651 if proposed supportive development meets all the requirements of Government Code 65651; and

(8) A combination of such uses.

(b) Wireless Communications Facilities, as regulated in Subchapter 5.17, except those permitted pursuant to Section 5.17.010 or Section 5.17.120, are specifically prohibited in the “PD” Zone.

[History: formerly § 5.319; ORD. 234, 3/14/79; ORD. 264, 9/17/81; ORD. 638, 12/14/05; ORD. 728, 10/9/13]

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PD- Planned Development Districts may be established in any R, E, or C Zone upon application of a property owner or owners, or upon the initiative of the City Council. Please refer to the Map - Potential PD Sites below which designates where potential PD sites can be established.

[History: formerly § 5.320, ORD. 264, 9/17/81; ORD. 638, 12/14/05; ORD. 721, 5/8/13; ORD. 723, 6/12/13]

(a) An application for the establishment of a PD District shall be accompanied by a Conceptual Development Plan which, if approved by the City Council, shall become a part of the Zoning Map of the Town of Colma.

(b) Said Conceptual Development Plan shall show the following information, presented in a schematic form and at a scale satisfactory to the City Planner, with a reduced reproducible print of the proposed drawing suitable for publication purposes:

• (1) Proposed land uses;

• (2) Location of buildings, structures and building groups;

• (3) A tabulation of proposed dwelling unit density in residential areas;

• (4) A tabulation of floor area ratios and the maximum heights of proposed buildings;

• (5) Proposed circulation systems, including preliminary street cross sections;

• (6) Proposed parks, playgrounds, school sites and other open spaces;

• (7) Location and type of existing and proposed landscaping;

• (8) An economic feasibility analysis of proposed commercial uses;

• (9) Delineation of the major units within the development to be constructed in progression;

• (10) Relation to future land use in surrounding area as proposed in the General Plan;

• (11) Proposed off-street parking;

• (12) Proposed storm drainage facilities.

(c) The City Council may require such other information which, combined with the information submitted, shall be for the purpose of ascertaining substantial conformity with the adopted General Plan. The City Council shall make the following findings prior to approval of the Conceptual Development Plan:

• (1) That the proposed uses are, in substantial part, generally or conditionally

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permitted under the zoning classification for the proposed district in existence at the time of the application;

(2) That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;

(3) That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and the density will not generate traffic in such amounts as to overload the street network outside the PD District.

(4) That any proposed development can be economically justified at the locations proposed;

(5) That the impact created by the development can be absorbed and serviced by the Town (police and fire service, water supply, sewage disposal, etc.).

(d) The City Planner may require the submittal of a topographic model of the proposed district to an accurate scale. Both horizontal and vertical scales shall be the same. The scale and detail of the model shall be sufficient to accurately illustrate the appearance of the total final development. The City Planner shall approve the scale of the model in writing prior to its construction. The following proposed items shall be included on the model:

• (1) Final topography of the district after grading;

• (2) Street system;

• (3) Location and bulk of buildings and structures;

• (4) Lot design;

• (5) Parks, playgrounds, school sites and other open spaces;

• (6) Parking and loading areas;

• (7) Location of existing and proposed major landscaping.

(e) An application for establishment of a PD District shall be accompanied by a fee, which shall be established from time to time by the City Council of the Town of Colma by resolution, for each proposed dwelling unit and each proposed commercial establishment shown in the Conceptual Development Plan. Said fee shall be in lieu of the fees prescribed in this Code for an amendment to the zoning map, for a variance, and for a use permit.

A Use Permit shall be required for any and all uses in a PD District. A Detailed Development Plan, as described in section 5.03.186, shall be submitted as part of the application for a Use Permit. The City Council shall not grant a Use Permit for any use or uses in a PD District unless it finds that:

• (a) Each of the standards set forth in section 5.03.410 have been met;

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(b) The use or uses as shown on the Detailed Development Plan are the same as the use or uses shown on the approved Conceptual Development Plan.

[History: formerly § 5.322; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

(a) An application for a Use Permit in a PD District shall include and be accompanied by a Detailed Development Plan which, if approved by the City Council, shall become a part of the Use Permit. The Detailed Development Plan shall contain certifications that a Design Professional or group of Design Professionals have participated in its preparation. Design Professional means a civil engineer, landscape architect, architect, registered building designer, or city planner who is a member of the American Institute of Certified Planners. Compliance with the requirements of this section shall not be construed as relieving the applicant from compliance with the Subdivision Ordinance or other applicable ordinances of the Town of Colma.

(b) The Detailed Development Plan shall include:

(1) A map showing any street system and lot design proposed within the District, and any areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and other such uses;

(2) A map showing the existing topography and the proposed finished grading of the District at one-foot contour intervals on areas of a cross slope of less than 5 per cent; at two-foot contour intervals on areas of a 5 to 10 per cent cross slope; at five-foot contour intervals on areas exceed 10 per cent cross slope. (For the purpose of this section, the cross slope of an area is defined to be the ratio expressed as a percentage of the vertical difference in elevation to the horizontal distance between any two points, with the line connecting the two points being essentially perpendicular to the contours between the two points. The City Council shall have the authority to determine the cross slope of an area and shall also have the authority to designate different portions of the District as having different cross slopes.);

(3) A plot plan for each building site or sites in the proposed PD District, the location of all proposed buildings, with a statement of the maximum and minimum distances between buildings and the property or building site lines;

(4) A detailed tabulation of the resultant densities of persons, dwelling units, floor area ratios and height or structures;

(5) Off-street parking and loading plan;

(6) A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the PD District, and to and from adjacent public thoroughfares, and any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern;

(7) Landscaping and tree planting plan showing the approximate location and type of plant materials to be installed;

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(8) Detailed engineering site plans, including proposed finished grades and all public improvements;

(9) Detailed engineering plans for the provisions of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;

(10) Elevations and perspective drawings of all proposed structures. (Such drawings need not be the result of the final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of the proposed buildings and the general appearance of the proposed structures, to the end that the entire development will have architectural unity and be in harmony with surrounding developments);

(11) A written statement describing the disposition of recreation and open space areas, including proposals for ownership, development and maintenance of such spaces;

(12) Detailed engineering plans for the provisions of storm drainage facilities.

[History: formerly § 5.323; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

The following design standards shall be established as shown on the Detailed Development Plan for the particular PD District as approved by the City Council. Said design standards shall become a part of the Use Permit:

• (a) Minimum building site;

• (b) Minimum lot dimensions;

• (c) Maximum building site coverage by buildings and structures;

• (d) Minimum yards;

• (e) Maximum building or structure heights;

• (f) Maximum height of fences and walls;

• (g) Signs;

• (h) Off-street parking;

Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of high quality public transit. However, a development of 19 dwelling units or fewer may impose parking requirements per Table 4 – Parking Standards, Section 5.03.232.

• (i) Electrical vehicle charging stations; and

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(j) Private open space in multifamily residential development shall include a minimum of 100 square feet of private open space for each dwelling unit for use by residents of the project, such as courtyards, private balconies, and rooftop patios.

(k) Underground and screen utilities in new developments, at a minimum from the nearest Underground above-ground pole to the building. Transformer shall be located as far away from a public street as possible and shall be screened from view by landscaping to the extent feasible.

(l) Noise Impacts. Consider noise impacts as part of the development review process, particularly for the location of parking, ingress/egress/loading and trash collection areas relative to surrounding residential development and other noise-sensitive land uses.

(m) Noise Controls. Require an acoustical study to identify inappropriate noise levels where new development may directly result in existing or future noise-sensitive uses being subject to noise levels equal to or greater than 60 CNEL and require mitigation for sensitive uses in compliance with the noise standards listed.

(n) BART Noise. Allow outdoor noise exposure criteria of 70Ldn for future development in proximity to BART, recognizing that BART noise is characterized by relatively few loud events.

(o) Recreation Requirements for New Developments. All new development shall require dedication of improved land, or payment of a fee in-lieu of, for park and recreation land for all residential uses.

(p) Green Infrastructure. Incorporate green infrastructure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

structure, which relies on natural processes for stormwater treatment/drainage, groundwater recharge and flood control, into street and rights-of-way wherever applicable, including curb cuts, flow-through planters and bioswales that slow stormwater runoff by dispersing it to vegetated areas, harvesting and use of runoff, and promote infiltration and use of bioretention to clean stormwater runoff.

(q) Storm Water Runoff. Require large-scale projects (over 0.5 acres) to channel surface and roof runoff to on-site detention facilities to facilitate groundwater recharge, reduce stormwater pollution, and mitigate flooding of Colma Creek.

(r) Sensitive Biological Habitats. Require new development on or near sensitive habitats, such as open creeks, ponds, and other water features, to be subject to an investigation and study of the presence of the threatened Red-legged frog and endangered San Francisco Garter Snake.

(s) Habitat Enhancement. Require new development to minimize the disturbance of natural habitats and vegetation, and revegetation of disturbed habitat with native and/or non-invasive, naturalized species.

(t) Nesting Bird Protection. Require project applicants to retain the services of a qualified biologist(s) to conduct a pre-construction nesting bird survey during the nesting season (February 1 through August 31) prior to all new development that may remove or be in close proximity to any trees or vegetation that may provide suitable nesting habitat for migratory birds or other special-status bird species. If nests are found the qualified biologist(s) shall identify appropriate avoidance measures, and these measures shall be incorporated into the project and implemented accordingly.

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(u) Water Conservation. Promote the conservation and efficient use of water in new and existing residences and commercial buildings and sites.

(v) Water Efficient Landscape. Review landscape and hardscape installations as part of new development to ensure compliance with water conservation requirements in the Water Efficient Landscape Ordinance.

[History: formerly § 5.324; ORD. 264, 09/17/81; ORD. 638, 12/14/05]

(a) Open space and density shall be as shown on the Detailed Development Plan for the particular PD District as approved by the City Council.

[History: formerly § 5.325; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

(a) Changes in the Conceptual Development Plan shall be considered the same as changes in the Zoning Map and shall be made in accordance with the procedures set forth in section 5.03.281 of this Code.

(b) Changes in the Detailed Development Plan shall be considered the same as changes to the Use Permit and shall be made in accordance with the procedures set forth in section 5.03.241 of this Code.

[History: formerly § 5.326; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

An application for a Use Permit in a PD District shall be accompanied by a development schedule indicating to the best of the applicant's knowledge the approximate date on which construction of all facets of the entire project can be expected to begin, the anticipated rate of development, and completion date. The development schedule, if approved by the City Council, shall become a part of the Detailed Development Plan and shall be adhered to by the owner of the property in the PD District, and his successors in interest.

[History: formerly § 5.327; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

If, in the opinion of the City Council, the owner or owners of property in a PD District are failing or have failed to meet an approved development schedule, the City Council may initiate proceedings under section 5.03.246 of this Code to revoke the applicant's Use Permit until such time as the applicant conforms to the conditions thereof. For good cause shown by the property owner, in writing, prior to the expiration of the original development schedule, the City Council may extend the limits imposed by the development schedule in accordance with section 5.03.243 of this ordinance.

[History: formerly § 5.328; ORD. 264, 9/17/81; ORD. 638, 12/14/05]

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XIII. Housing Element Overlay (HEO) Zone District

The Town of Colma’s creation of a Housing Element Overlay Zoning District (HEO) is in response to the State of California’s required Regional Housing Needs Allocation mandating additional 202 units of mixed-income levels housing during the 2023 – 2031 period by removing constraints to developing housing on the five opportunity sites in town. The HEO was included in the adopted Housing Element Update in January 2023 – Figure H-7. The HEO designation will allow for greater housing densities and support mixed-use developments on the opportunity sites. Allowable uses and development standards in the HEO will reflect the state’s legislative decisions that aim to remove barriers to housing development. A few of the most impactful standards include removing minimum parking requirements within a half mile of public transit and density bonus amendments that will allow for projects consistent with the densities described in the Town’s Land Use Element of the General Plan 2040. Additionally, as of July 1, 2023, the HEO will provide a ministerial pathway for California Environmental Quality Act (CEQA) exemption approval related to multi-family projects that pay prevailing wages and meet specified affordable housing targets.

Government Code Section 65863.2 prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within one-half (1/2) miles of public transit, as defined. No minimum parking standards shall be required in any areas of the Housing Element Update Overlay Zone District, except Hillside Boulevard and eastward.

[History: ORD. 818, 2/14/24]

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XIV. Housing Density Bonus

To demonstrate the standards and procedures in granting affordable housing density bonuses, concessions, and incentives for housing developments, in an effort to incentivize the construction of affordable units within new developments in the Town. This section implements the requirements of Government Code Sections 65915 through 65918, as may be amended from time to time (“State Density Bonus Law”).

The State Density Bonus Law was enacted in 1979 to encourage the development of affordable housing. The law incentivizes developers to provide below market rate housing by allowing projects that meet certain quotas of affordable units to exceed normal density limits. Over time, the law has further promoted affordable housing by offering developers benefits such as cost reductions, waivers of development standards, and reductions in parking requirements. The most recent changes in the State’s Density Bonus Law became effective on January 1, 2023.

This section shall apply to all zoning districts that permit housing at a prescribed density by the General Plan land use designation and/or zoning district. Where the density allowed under the zoning district is inconsistent with the density allowed under the General Plan land use designation, the land use designation density shall prevail. This section works in conjunction with, and does not replace or prevail over, the Town’s Inclusionary and Affordable Housing Ordinance, Town of Colma Municipal Code Chapter 5.03.199. If conflicts occur between requirements of this section and Government Code Sections 65915 through 65918, the requirements of Government Code Sections 65915 through 65918 shall apply.

The density bonuses and other affordable housing incentives required by state law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in state law.

[History: ORD. 818, 2/14/24]

XV. Inclusionary and Affordable Housing

(a) Applicability

(1) In-Lieu Fees: All new residential development projects that are required to provide inclusionary units per this Subchapter, may satisfy these requirements by paying an in-lieu fee to the Affordable Housing Trust Fund as provided in this section. In-lieu Fees shall be in an amount as set forth in the current Town’s Master Fee Schedule as adopted by the City Council, and as indicated in the table below.

(b) Impact Fees: Affordable Housing Impact Fees shall be imposed on non-residential uses as follows:

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Table 5: Affordable Housing Impact Fees

(c) Timing of Payment. The In-lieu Fee or Impact Fee must be paid prior to the Town’s issuance of a building permit for the development. For phased developments, payments may be made for each portion of the Development prior to Building Permit issuance for that phase.

(d) Effect of No Payment. No building permit will be issued unless fees required under this Section have been paid in full to the Town.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 785, 11/28/18]

(a) Establishment. The Town of Colma Affordable Housing Fund (the “Housing Fund”) shall be and is hereby established. Separate accounts within such Housing Fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the Fund.

(b) Administration. The Housing Fund shall be administered by the City Manager, who shall have the authority to govern the Housing Fund consistent with this Subchapter, and to make recommendations on the use of the Fund, subject to review and approval by the Council.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 785, 11/28/18]

(a) Monies deposited in the Housing Fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable households of moderate, low, and very low-income households in the Town and in northern San Mateo County including, but not limited to:

(1) Acquisition of property and property rights;

(2) Cost of construction including costs associated with planning, administration, and design, as well as actual building or installation, as well as any other costs associated with the construction or financing of affordable housing;

(3) Reimbursement to the Town for such costs if funds were advanced by the Town from other sources; and

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(4) Reimbursement of developers or property owners who have been required or permitted to install facilities which are beyond that which can be attributed to a specific development.

(b) Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the Housing Fund and reasonable expenses for administering the process of calculating, collecting, and accounting for in-lieu fees and any deferred Town fees authorized by this section.

(c) Monies in the Housing Fund shall be used to construct, acquire, rehabilitate or subsidize very low-, low- and moderate- income housing and/or to assist other governmental entities, private organizations or individuals in the construction and rehabilitation of very low, low-, and moderate-income housing. To the extent possible as determined by the Council, monies shall be targeted to benefit households at or below 80% of the Area Median Income in San Mateo County. Monies in the Housing Fund may be disbursed, hypothecated, collateralized or otherwise employed for these purposes from time to time as the City Council determines is appropriate to accomplish the purposes of the Housing Fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, other public/private partnership arrangements, or lent to the San Mateo County Housing Endowment and Regional Trust (HEART) for a specified term. The Housing Fund monies may be extended for the benefit of rental or owner-occupied housing or housing services.

(d) Expenditures by the City Manager from the Housing Fund shall be by contract and controlled, authorized and paid in accordance with general Town budgetary policies.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 785, 11/28/18]

(a) Inclusionary Units Requirement. For all Residential Developments, including mixed use development, of five or more residential units, a maximum of fifteen percent of the total units must be Inclusionary Units restricted for occupancy by Moderate-, Low- or Very Low-Income Households. The developer may elect, as an option, to satisfy the requirements of this section by paying the in-lieu fee described in section 5.03.198 or performing an Alternative Equivalent Action pursuant to section 5.03.204 of this ordinance.

(b) Time of Determination. The number of Inclusionary Units required for a particular project will be determined only once, at the time of tentative or parcel map approval, or, for developments not processing a map, prior to issuance of a Conditional Use Permit. If a Conditional Use Permit is not required, the number of units required shall be determined at the time of building permit application. If a change in the subdivision design results in a change in the total number of units, the number of Inclusionary Units required will be recalculated to coincide with the final approved project.

(c) Calculation. For purposes of calculating the number of inclusionary units required by this Section, any additional units authorized as a density bonus under California Government Code Section 65915(b)(1) or (b)(2) will not be counted in determining the required number of Inclusionary Units. In determining the number of whole Inclusionary Units required, any decimal fraction shall be subject to In-Lieu Housing Fees as described in Section 5.03.198.

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(d) Type of Inclusionary Units. A maximum of fifteen (15%) of the Inclusionary Units (or maximum percent of the total development) must be restricted to occupancy by Very LowIncome Households. An additional maximum of fifteen percent (15%) of the Inclusionary Units (or maximum 4 percent of the total development) must be restricted to occupancy by LowIncome Households. The remaining maximum of 70% (or maximum 12 percent of the total development) to Moderate Income Households.

(e) Timing of Occupancy. All Inclusionary Units must be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units or development. In phased developments, Inclusionary Units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16; ORD. 818, 2/14/24]

The requirements of section 5.03.201 do not apply to:

(1) A residential development project to the extent it has received a vested right to proceed pursuant to state law prior to the effective date of this ordinance.

(2) Building permits for residential development projects if compliance with this section for such project has already been satisfied including, but not limited to, building permits on newly created lots where the subdivider has built affordable units or otherwise satisfied this section.

(3) Any dwelling unit or residential development project which is damaged or destroyed by fire or natural catastrophes so long as the use of the reconstructed building and number of dwelling units remains the same, and the square footage of the reconstructed building is not increased or reduced by more than 10%.

(4) Residential Development consisting of four or fewer units.

(5) Public Uses, including, but not limited to parks, playgrounds, and administrative and service facilities.

• (6) Child Care Centers, including Family Child Care Homes.

(7) Recreational facilities for public use and enjoyment within commercial or industrial developments.

(8) Cemetery developments of any type.

• (9) Housing for residential care facilities and skilled nursing facilities.

(10) Property eligible for the California Property Tax Welfare Exemption in that it is (1) used exclusively for charitable purposes, and (2) owned or held in trust by nonprofit organizations operating for those purposes and that have a current tax exempt letter from the Internal Revenue Service or the Franchise Tax Board.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

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(a) Applicable Standards. All Inclusionary Units built under this subchapter shall conform to the standards set forth in this section.

(b) Exterior Design. Inclusionary units shall be comparable in number of bedrooms, exterior appearance, infrastructure (including sewer, water and other utilities) and overall quality of construction to market rate units in the same residential project. With the approval of the City Manager, inclusionary units may be smaller in aggregate size and need not contain more than four bedrooms.

(c) Interior Design. Subject to the approval of the City Manager, interior finishes in inclusionary units shall be of similar or equivalent to those in market rate units in the same residential project, so long as they are durable, of good quality and are consistent with contemporary standards for new housing.

(e) Disbursal. Affordable units shall be dispersed throughout the residential project, or, subject to the approval of the City Manager, may be clustered within the residential project when this furthers affordable housing opportunities.

(f) Agreement Required. Prior to the issuance of certificates of occupancy or approval of the final inspection for affordable units, regulatory agreements, resale restrictions, deed restrictions, deeds of trust and/or other documents, all of which must be acceptable to the City Manager and consistent with the requirements of this Subchapter, shall be recorded against parcels having such affordable units and shall be effective for a minimum of 55 years for owner-occupied units. Agreements involving rental units shall require the owner of the affordable units to ensure that the units are occupied by tenants whose monthly income levels do not exceed those as indicated in the San Mateo County Income Limits table below or the current income levels as amended by the County of San Mateo, as the case may be, and shall preclude tenants from subletting or subleasing the unit. The agreement shall also require the owner of the affordable unit to submit an annual report to the City Manager, in a format approved by the Town. The report shall include, but not be limited to the following information: an identification of the affordable units within the project; the monthly rents charged and proposed to be charged; vacancy information for the prior year; and the monthly income for tenants of each affordable unit throughout the prior year.

Table: San Mateo County Income Limits (2021)

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

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(a) A residential development project, or mixed-use development project, subject to this Subchapter may propose to meet the requirements of section 5.03.201 by an alternative equivalent action, subject to the review and approval by the City Council. With regard to forsale residential development projects or mixed-use development projects including residential for sale units, the developer may propose an alternative equivalent action by submitting at the time of application for a discretionary or building permit, whichever comes first, a description of the proposed alternative equivalent action along with a report identifying:

(1) How the alternative will further affordable housing opportunities in the Town to an equal or greater extent than compliance with the express requirements of Section 5.03.201, and that an over concentration of affordable housing in one area will not occur;

(2) All overriding conditions impacting the project that prevent developer from meeting the requirement to construct the affordable units;

(3) Sufficient independent data, including appropriate financial information, that supports the developer’s claim that it is not feasible to construct the required affordable units; and,

(4) A detailed analysis of why the concessions and incentives and the density bonuses specified in Government Code Section 65915 will not mitigate the identified overriding conditions that are preventing the construction of the affordable units.

(b) With regard to rental residential projects, or mixed use development projects including rental residential units, a developer may propose an alternative equivalent action by submitting at the time of application for a discretionary planning or building permit, whichever comes first, a description of the proposed alternative equivalent action. An alternative equivalent action may include, but is not limited to:

• (1) Payment of In Lieu Fee. Please see section 5.03.198.

(2) Land Donation. An applicant may donate land to the Town or to a non-profit housing developer in place of actual construction of required affordable units. The dedicated land must be appropriately zoned, buildable, free of toxic substances and contaminated soils. The fair market value of the donated land shall be equivalent to the value of the construction and land costs of the required affordable units. The land that is donated shall include lots that are fully improved with infrastructure, adjacent utilities, and grading, and fees paid. Land donated for the purpose of constructing units affordable to very-low income households may be eligible for a density bonus, as specified in Government Code Section 69515.

(3) Off-site Construction. Inclusionary Units may be constructed off-site if the Inclusionary Units will be located in an area where, based on the availability of affordable housing, the City Council finds that the need for such units is greater than the need in the area of the proposed development.

(4) Combination. The City Council may accept any combination of on-site construction, off-site construction, in-lieu fees and land dedication that at least equal

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the cost of providing Inclusionary Units on-site as would otherwise be required by this chapter.

[History: ORD. 639, 1/11/06; Ord 764, 9/28/16]

(a) General. Approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement is required for any For-Sale Residential development project that includes Inclusionary Units. It is also required for any For-Rent Residential development project that chooses to restrict certain units pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D). It is not required, however, for exempt projects or for projects where the requirements of this subchapter are completely satisfied by payment of a fee under section 5.03.198.

(b) Time for Compliance. An applicant for any Development required to comply with this Section, shall submit a preliminary plan to the Town detailing how the Development intends to comply with the requirements of this subchapter, at the time of submittal of application materials for a tentative map, parcel map, or any other discretionary permit or entitlement needed for the project. No application for a tentative map, parcel map or building permit to which this Chapter applies may be deemed complete until a preliminary plan is submitted to the Town. The Town shall impose, as a condition of approval, the requirement that the Development seek the approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement. The Inclusionary Housing Plan shall be required to be submitted, reviewed, and approved prior to final map approval and recordation, or prior to the first building permit issuance, whichever comes first.

(c) Inclusionary Housing Plan. The City Council must approve, conditionally approve or reject the Inclusionary Housing Plan within 60 days of the date of a complete application for that approval. If the Inclusionary Housing Plan is incomplete, the Inclusionary Housing Plan will be returned to the Developer along with a list of the deficiencies or the information required. At any time during the review process, the Town may require from the Developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Inclusionary Housing Plan with the requirements of this Chapter. The Inclusionary Housing Plan must include:

(1) The location, structure (attached, semi-attached, or detached), proposed tenure (for sale or rental), and size of the proposed market-rate, commercial space and/or Inclusionary Units and the basis for calculating the number of Inclusionary Units;

(2) A floor or site plan depicting the location of the Inclusionary Units;

• (3) The income levels to which each Inclusionary Unit will be made affordable;

(4) The mechanisms that will be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deeds of trust, and rights of first refusal and other documents;

(5) For phased Development, a phasing plan that provides for the timely development of the number of Inclusionary Units proportionate to each proposed phase of development.

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(6) A description of any incentives that are requested of the Town;

(7) Any alternative equivalent actions proposed for the Development along with information necessary to support the findings required by this Subchapter for approval of such alternatives;

(8) The sequence in which the different levels of Inclusionary Units shall be built and occupied, for example, the first Inclusionary Unit may only be occupied by a VeryLow Income Household, the second Inclusionary Unit by a Low-Income Household, etc.

(9) Any other information reasonably requested by the Town to assist with evaluation of the Plan under the standards of this Chapter.

(d) Inclusionary Housing Agreement. The forms of the Inclusionary Housing Agreement, resale and rental restrictions, deeds of trust, rights of first refusal and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, must be approved by the City Manager or his or her designee prior to being executed with respect to any Residential Development or Affordable Housing Proposals. The form of the Inclusionary Housing Agreement will vary, depending on the manner in which the provisions of this Chapter are satisfied for a particular development. All Inclusionary Housing Agreements must include, at minimum, the following:

(1) Description of the development, including whether the Inclusionary Units will be rented or owner-occupied;

(2) The number, size and location of Very Low-, Low- or Moderate-Income Units;

(3) Inclusionary incentives by the Town (if any), including the nature and amount of any local public funding;

(4) Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions;

(5) Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident Households for income eligibility; and any additional obligations relevant to the compliance with this Chapter.

(e) Recording of Agreement. Inclusionary Housing Agreements that are acceptable to the City Manager must be recorded against owner-occupied Inclusionary Units and Residential development projects that choose to restrict certain units pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D). Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the City Manager must also be recorded against owner-occupied Inclusionary Units. In cases where the requirements of this Chapter are satisfied through the development of Off-Site Units, the Inclusionary Housing Agreement must simultaneously be recorded against the property where the Off-Site Units are to be developed.

(g) Annual Monitoring and Transfer Fees.

(1) For each rental unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), the then current owner may be required to pay an

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annual monitoring fee for the term of required affordability. Such fee shall be specified in the regulatory agreement(s) required hereunder.

(2) For each owner-occupied inclusionary unit provided under this section, the then current owner may be required to pay a transfer fee for any change of ownership during the term of required affordability. Such fee shall be specified in the Inclusionary Housing Agreement required hereunder.

(h) Requirements for Certificate of Occupancy/Final Inspection.

(1) No temporary or permanent certificate of occupancy shall be issued or final inspection approval for any dwelling unit in an R-residential development project until the developer has satisfactorily completed the requirements hereunder, i.e., on-site construction of affordable units, alternative equivalent action(s), or payment of the housing in-lieu fee.

(2) No temporary or permanent certificate of occupancy shall be issued or final inspection approved for a dwelling unit described as exempt from the requirements of this Subchapter in section 5.03.201 above until the developer has made a showing acceptable to the City Manager that such an exemption is appropriate.

[History: ORD. 639, 1/11/06; Ord 738, 1/14/15; Ord 764, 9/28/16]

(a) General Eligibility. No Household may occupy an Inclusionary Unit, or rent a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), unless the City Manager has approved the Household’s eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an Inclusionary Housing Agreement or resale restriction. If the Town or its designee maintains a list or identifies eligible Households, initial and subsequent occupants will be selected first from the list of identified Households, to the maximum extent possible, in accordance with any rules approved by the City Manager. If the Town has failed to identify a Household as an eligible buyer for the initial sale of an Inclusionary Unit that is intended for owner-occupancy 90 days after the unit receives a completed final inspection for occupancy, upon 90 additional days’ notice to the Town and on satisfaction of such further conditions as may be included in Town-approved restrictions (which may include a further opportunity to identify an eligible buyer), the owner may sell the unit at a market price, and the unit will not be subject to any requirement of this Subchapter thereafter.

(b) Conflict of Interest. The following individuals are ineligible to purchase an Inclusionary Unit, or rent a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D): (i) Town employees and officials (and their immediate family members) who have policy-making authority or influence regarding Town housing programs and do not qualify as having a remote interest as provided by California Government Code Section 1091; (ii) the Project Applicant and its officers and employees (and their immediate family members); and (iii) the Project Owner and its officers and employees (and their immediate family members).

(c) Occupancy. Any Household who purchases an Inclusionary Unit, or rents a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), must occupy that unit as a principal residence.

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[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

(a) Initial Sales Price. The initial sales price of the Inclusionary Unit must be set so that the eligible Household will pay an Affordable Sales Price.

(b) Transfer. Renewed restrictions will be entered into on each change of ownership, with a 45-year renewal term, upon transfer of an owner-occupied Inclusionary Unit prior to the expiration of the 45-year affordability period.

(c) Resale. The maximum sales price permitted on resale of an Inclusionary Unit designated for owner-occupancy shall be the lower of: (1) fair market value or (2) the seller’s lawful purchase price, increased by the lesser of (i) the rate of increase of Area Median Income during the seller’s ownership or (ii) the rate at which the consumer price index increased during the seller’s ownership. To the extent authorized in any resale restrictions or operative Inclusionary Housing Agreement, sellers may recover at time of sale the market value of capital improvements made by the seller and the seller’s necessary and usual costs of sale, and may authorize an increase in the maximum allowable sales price to achieve such recovery.

(d) Changes in Title. Title in the Inclusionary Unit may change due to changes in circumstance, including death, marriage and divorce. Except as otherwise provided by this Subsection, if a change in title is occasioned by events that changes the financial situation of the Household so that it is no longer income-eligible, then the property must be sold to an income-eligible Household within 180 days. Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the Household. Upon the death of a sole owner or all owners and inheritance of the Inclusionary Unit by a non-income-eligible child or stepchild of one or more owners, there will be a one year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible Household. Inheritance of an Inclusionary Unit by any other person whose Household is not income-eligible shall require resale of the unit to an income-eligible Household as soon as is feasible but not more than 180 days.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

(a) Rental Requirement. Rental units restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) shall be offered to Households consistent with the applicable restriction provided for in subsection (A) through (D) in Government Code Section 65915(b)(1). The owner of such units shall certify each tenant Household’s income to the Town or Town’s designee at the time of initial rental and annually thereafter. The owner must obtain and review documents that demonstrate the prospective renter’s total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on a form approved by the Town.

(b) Selection of Tenants. The owners of rental units restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) may fill vacant units by selecting income-eligible Households from the Section 8 Housing Choice Voucher Waiting List maintained by the Town or Town’s designee. Alternatively, owners may fill vacant units through their own selection process, provided that they publish notices of the availability of

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the rental units according to guidelines established by the City Manager.

(c) Annual Report. The owner shall submit an annual report summarizing the occupancy of each rental unit for the year, demonstrating the continuing income-eligibility of the tenant. The City Manager may require additional information if he or she deems it necessary.

(d) Subsequent Rental to Income-Eligible Tenant. The owner shall apply the same rental terms and conditions to tenants of rental units restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) as are applied to all other tenants, except as required to comply with this Subchapter (for example, rent levels, occupancy restrictions and income requirements) or with other applicable government subsidy programs. Discrimination against persons receiving housing assistance is prohibited.

(e) Changes in Tenant Income. If, after moving into an Inclusionary Unit, a tenant’s Household income exceeds the limit for that unit, the tenant Household may remain in the unit as long as his or her Household income does not exceed 140 percent of the income limit. Once the tenant’s income exceeds 140 percent of the income limit, the following shall apply:

(1) If the tenant’s income does not exceed the income limits of other Inclusionary Units in the Residential Development, the owner may, at the owner’s option, allow the tenant to remain in the original unit and re-designate the unit as affordable to Households of a higher income level, as long as the next vacant unit is re-designated for the income category previously applicable to the tenant’s Household. Otherwise, the tenant shall be given one year’s notice to vacate the unit. If during the year, another rental unit becomes available and the tenant meets the income eligibility for that unit, the owner shall allow the tenant to apply for that unit.

ds of a higher income level, as long as the next vacant unit is re-designated for the income category previously applicable to the tenant’s Household. Otherwise, the tenant shall be given one year’s notice to vacate the unit. If during the year, another rental unit becomes available and the tenant meets the income eligibility for that unit, the owner shall allow the tenant to apply for that unit.

(2) If there are no units designated for a higher income category within the Development that may be substituted for the original unit, the tenant shall be given one year’s notice to vacate the unit. If within that year, another unit in the Residential Development is vacated, the owner may, at the owner’s option, allow the tenant to remain in the original unit and raise the tenant’s rent to market-rate and restrict the newly vacated unit as affordable at the income-level previously applicable to the unit converted to market rate. The newly vacated unit must be comparable in size (for example, number of bedrooms, bathrooms, square footage, etc.) as the original unit.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

The City Manager shall be and hereby is authorized to delegate his or her authority under this ordinance.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

The requirements of this Chapter are minimum and maximum requirements, although nothing in this Section limits the ability of a private person to waive his or her rights or voluntarily undertake greater obligations than those imposed by this Chapter.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

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(a) A developer of any project subject to the requirements of this Chapter may appeal to the City Council for a reduction, adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement, except where the requirements are imposed by law.

(b) A developer subject to the requirements of this Chapter who has received an approved tentative subdivision or parcel map, use permit or similar discretionary approval and who submits a new or revised tentative subdivision or parcel map, use permit or similar discretionary approval for the same property may appeal for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously approved, except where the requirements are imposed by law.

(c) Any such appeal shall be made in writing and filed with the City Clerk not later than ten (10) calendar days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, the appeal shall be filed within ten (10) calendar days after payment of the fees objected to.

(d) The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the appeal at the public hearing on the permit application or at a separate hearing within sixty (60) calendar days after the filing of the appeal, whichever is later. The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellant's position.

(e) No waiver shall be approved by the City Council for a new tentative subdivision or parcel map, use permit or similar discretionary approval on property with an approved tentative subdivision or parcel map, use permit or similar discretionary permit unless the Council finds that the new tentative subdivision or parcel map, use permit or similar discretionary approval is superior to the approved project both in its design and its mitigation of environmental impacts. The decision of the Council shall be final. If a reduction, adjustment, or waiver is granted, any change in the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16, ORD. 818, 2/14/24]

(a) Penalty for Violation. It shall be a misdemeanor to violate any provision of this Chapter. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person an inclusionary unit, or a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D) under this Chapter at a price or rent exceeding the maximum allowed under this Chapter or to sell an inclusionary unit, or rent a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), to a Household not qualified under this Chapter or state law. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller of an Inclusionary Unit, or lessor of a unit restricted pursuant to the requirements of Government Code Section 65915(b)(1)(A)-(D), to obtain occupancy of

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housing for which he or she is not eligible.

(b) Legal Action. The Town may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Chapter, including: (i) actions to revoke, deny or suspend any permit, including a Building Permit, certificate of occupancy, or discretionary approval; (ii) actions to recover from any violator of this Chapter civil fines, restitution to prevent unjust enrichment from a violation of this Chapter, and/or enforcement costs, including attorneys fees; (iii) eviction or foreclosure; and (iv) any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any person, owner, Household or other party from the requirements of this Chapter.

[History: ORD. 639, 1/11/06; ORD. 764, 9/28/16]

XVI. “F” - Flood Zone

The regulations herein are applicable to properties zoned Flood and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to all Zones.

[History: ORD. 818, 2/14/24]

It is the purpose of this section to preserve essential elements of the environment, to maintain these benefits with a minimum of physical disturbance, to set forth the standards and procedures by which filling, excavating, and all other construction in the designated areas will be regulated and to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions. in specific areas by provisions designed to:

• A. Protect human life and health.

• B. Minimize expenditure of public money for costly flood control projects.

• C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

• D. Minimize prolonged business interruptions.

E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard.

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

G. Ensure that potential buyers are notified that property is in an area of special flood hazard.

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H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

I. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities.

J. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

K. Control filling, grading, dredging, and other development which may increase flood damage.

[History: ORD. 818, 2/14/24]

(a) Such zone shall be in addition to and lay over the land use zones as set forth in section 5.03.050 above. All real property in the Town of Colma lying within 50 feet of either edge of the Colma Creek, and all other real property determined by the City Engineer to be subject to a one percent chance of flooding in any given year, shall be in the F zone.

(b) No person may erect, construct, enlarge or improve any building or structure in the "F" Zone, or permit the same to be done, unless the building or structure complies with each of the following requirements:

(1) The first-floor elevation (to include basement) of any new residential structures shall be elevated to or above the 100-year flood elevation;

(2) The first-floor elevation (to include basement) of non-residential structures shall be elevated to or above the 100-year flood elevation;

(3) Only construction materials and utility equipment that are resistant to flood damage may be used at or below the 100 year flood elevation;

(4) Only construction methods and practices that will minimize flood damage may be used;

(5) Each building or structure must be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding;

(6) In regard to mobile homes:

(i) Over-the-top ties must be provided at each of the four corners of the mobile home with two (2) additional ties per side at the intermediate locations, and mobile homes less than fifty (50) feet long requiring one (1) additional tie per side;

(ii) Frame ties must be provided at each corner of the home with five (5) additional ties per side at intermediate points, and mobile homes less than fifty (50) feet long requiring four (4) additional ties per side;

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(iii) All components of the anchoring system must be capable of carrying a force of 4,800 pounds;

(iv) Any additions to mobile homes must be similarly anchored.

(c) The term "100-year flood elevation" means the elevation which is determined by the City Engineer to have a one percent chance of flooding in any given year.

[History: formerly § 5.335; ORD. 290, 08/10/83; ORD. 638, 12/14/05]

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XVII. “T" – Transit Zone

The regulations herein are applicable to properties zoned Transit and are in addition to the regulations set forth in Colma Municipal Code Section 5.03.220, Development Standards Applicable to All Zones.

(a) Such zone shall be in addition to and lay over the land use zones as set forth in section 5.03.050 above. All real property in the Town of Colma lying within the 60-foot right-of-way owned, or formerly owned, by Southern Pacific Company shall be in the T zone.

(b) No person may erect, construct, enlarge or improve any public or private transit building or transit structure in the "T" Zone, or permit the same to be done, unless such building or structure is underground and covered with soil so as to make its location indistinguishable from adjacent terrain.

(f) Notwithstanding the foregoing, nothing herein contained shall limit the establishment and maintenance of landscaping, fences, roads, surface parking facilities, or similar improvements in said zone.

(g) Notwithstanding the foregoing, the portion of a parcel containing a "T" zone shall be included in determining land to building ratios, set-backs, minimum lot size, and similar zoning requirements.

(h) Buildings and structures may be developed in the "T" Zone, subject to a Use Permit, provided the building or structure is supported on a foundation system that will not prevent the development of covered, underground public or private transit facilities at that location.

[History: formerly § 5.335.2; ORD. 374, 09/14/88; ORD. 460, 11/10/93; ORD. 638, 12/14/05]

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XVIII. Standards Applicable to All Zones

(a) There shall not be permitted any use which may be determined by the City Council to be obnoxious or offensive because of the presence or emission of odor, fumes, dust, gas, smoke, noise, bright lights, vibrations, pollution, detrimental sewer wastes, or have a detrimental effect on permissible adjacent uses, or will be hazardous by reason of danger of fire or explosion.

(b) In each zone there shall be provided at the time of the erection of any main building or at the time any main building is enlarged or increased in capacity, sufficient off-street parking accommodations with adequate provisions for ingress and egress by standard size automobiles. Parking access-ways, parking spaces and fire lanes shall all meet the minimum standards provided in Section 5.01.080 (Definitions) of this Code.

(c) The following uses are prohibited in all districts: amusement parks or centers, circuses, carnivals, outdoor theaters, race tracks, commercial recreation centers, stockyards, the slaughtering of animals.

(d) No person shall install, construct or maintain a fence or hedge on any property in the Town of Colma except in compliance with the following:

(1) General fence and hedge limitations:

(i) If cyclone fencing is used, it must be black vinyl clad with black painted posts and supports.

(ii) Fences shall be maintained in good repair and condition.

(iii) Hedge height limits in this section do not apply to taller landscaping planted immediately adjacent to building walls. Free standing trees are encouraged in all yard areas.

(iv) Fences with razor wire are not permitted in the Town of Colma.

(v) For corner lots, a vision triangle of 35' shall be maintained to insure safe visibility for motorists. The vision triangle shall be created by measuring along the curb line 35' in each direction from the street corner, with the endpoints connected across the lot. Within the vision triangle, no fencing or vegetation shall exceed three (3) feet in height and all tree canopies must be kept seven (7) or more feet above grade.

(vi) Any unimproved right-of-way (the area between the back of sidewalk and the front property line of any property) may contain landscape planting, irrigation and fencing.

(vii) The height of a fence shall be measured as the higher of the two sides of the fence.

(2) Fence and hedge limitations in all Residential Zones:

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(i) No fence or hedge in excess of four (4) feet in height is allowed between the back of the sidewalk and front wall of any residence. An exception is permitted for a single, freestanding trellis structure not exceeding eight (8) feet in height, five (5) feet in width, and five (5) feet in depth. An exception may be granted by the City Planner through the Design Review Process if required for security, pedestrian safety, to screen out undesirable views, or for other aesthetic reasons.

he sidewalk and front wall of any residence. An exception is permitted for a single, freestanding trellis structure not exceeding eight (8) feet in height, five (5) feet in width, and five (5) feet in depth. An exception may be granted by the City Planner through the Design Review Process if required for security, pedestrian safety, to screen out undesirable views, or for other aesthetic reasons.

(ii) No fence or hedge in excess of six (6) feet in height is allowed from the front face of the residence to the rear property line. An exception may be granted by the City Planner through the Design Review Process if required for security, pedestrian safety, to screen out undesirable views, or for other aesthetic reasons.

(iii) No barbed wire shall be permitted in a residential zone.

(3) Fence and hedge limitations for Non-Residential Zones:

(i) No fence or hedge in excess of four (4) feet in height is allowed between the back of the sidewalk and a parallel line set back thirty (30) feet from the front property line. An exception may be granted by the City Planner through the Design Review Process if required for security, pedestrian safety, to screen out undesirable views, or for other aesthetic reasons.

(ii) No fence or hedge in excess of eight (8) feet in height is allowed from the thirty (30) foot setback line to the rear of the property. An exception may be granted by the City Planner through the Design Review Process if required for security, pedestrian safety, to screen out undesirable views, or for other aesthetic reasons.

(iii) No barbed wire shall be permitted in front of the thirty (30) foot setback line. An exception may be granted by the City Planner through the Design Review Process if required for security.

(4) Prior constructing or installing a fence in excess of six feet in height, retaining wall exceeding two (2) feet in height, masonry wall, or any improvement located in the public right-of-way, owners and occupants should consult with the Building Official or City Engineer to determine if a building permit and/or encroachment permit is needed.

[History: formerly § 5.336, ORD. 234, 03/14/79; ORD. 313, 02/13/85; ORD. 550, 4/14/1999; ORD. 638, 12/14/05, ORD 662, 9/12/07; ORD 754, 1/13/16; ORD 766, 11/9/16; ORD 767, 12/14/16, ORD. 818, 2/14/24]

XIV. Off-Street Parking and Loading Regulations

The purpose of this section is to ensure that land uses in the Town provide adequate offstreet parking facilities, promoting more efficient loading operations and thereby reducing the use of public streets for loading purposes and vehicle movement areas; that the use of land uses does not adversely interfere with the circulation on public rights-of-way; that

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private on-site circulation does not pose potential safety issues; and that surrounding uses are insulated from noise and traffic impacts associated with off-street parking and loading activities. Refer to Section 5.03.195, Housing Element Overlay Zone District, for parking requirements in this district.

For all zoning districts, the requirements for off-street parking and loading spaces for vehicles, as provided in this section, shall apply under the following circumstances:

(a) Construction of new structures, except accessory structures on residentially zoned properties.

(b) Where an existing structure is structurally altered in a manner that increases the parking requirement.

(c) Establishment of any new use. For the purposes of this section only, a “new use” is defined as one with an increased parking requirement, as established by this section, over the parking requirement, as established by this section, for the existing or latest use.

The Parking Standards Table lists the minimum parking requirements for each use or activity. If a particular use or activity is not listed in the Parking Standards Table, then establishment of parking requirements for that use or activity shall be determined by the City Planner or City Council upon review of a conditional use permit.

Pursuant to AB 2097, Government Code Section 65863.2, there is no minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of high quality public transit. However, a development of 19 dwelling units or fewer may impose parking requirements per Table 4 – Parking Standards below.

Table 4: Parking Standards

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Table 4: Parking Standards

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Table 4: Parking Standards

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Table 4: Parking Standards

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Table 4: Parking Standards

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Table 4: Parking Standards

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Table 4: Parking Standards

The parking number calculation for a business shall be based on the one use which is the primary function of the business or user as determined by the City Planner, rather than the aggregate number of the individual functional spaces within the business. The parking calculation for a building or project shall be based upon the aggregate of the parking requirement of all the individual businesses and/or tenants.

All permitted and required off-street parking spaces, open or enclosed, shall be located on the same parcel as the use for which such spaces are required.

[History: ORD. 818, 2/14/24]

IXX. Conditional Uses

The purpose of Conditional Uses is to allow for uses within a zoning district which, by the conditions, are made compatible with the primary uses of the district.

To give the use regulations the flexibility necessary to achieve the objectives of this title and to account for the widely varying needs of some uses, certain conditional uses are permitted in each district subject to the granting of a conditional use permit. Conditional uses include various types of public and private structures and uses which do not precisely fit into the zoning district classifications. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of this title and with respect to their effects on surrounding properties. To achieve these purposes, the City Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

[History: ORD. 818, 2/14/24]

Application for use permit for any use for which a permit is required by the applicable district regulations shall be filed with the Town on forms provided, together with such other information as may be required by the hearing body and with the required fee.

(a) A Use Permit may be granted by the City Council only if:

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(1) The specific proposed use will be consistent with the provisions of the General Plan and this subchapter;

(2) The granting of the Use 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 use;

(4) The granting of the Use 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 City Council is satisfied that the proposed structure or building conforms to the purposes and intent of the General Plan and this subchapter; and

• (6) The use will not constitute a nuisance as to neighboring persons or properties.

• (7) If applicable, any findings required by Subchapter 5.17 are met.

(b) In granting a Use Permit, the City Council may 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, provided that no Use Permit may be conditioned upon:

(1) The dedication of land for any purpose not reasonably related to the use of property for which the Use Permit is requested; or

(2) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the Use Permit is requested.

[History: formerly § 5.341; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

The decision to grant or deny the application for a Use Permit shall become effective upon expiration of ten (10) days following action of the City Council, unless a written request for reconsideration along with a fee, which shall be established from time to time by the City Council of the Town of Colma by resolution, shall have been filed with the City Clerk in accordance with Section 1.02.260 of this Code within the ten (10) day period by any person affected by said decision.

[History: formerly § 5.342, ORD. 234, 3/14/79; ORD. 524, 1/14/98; ORD. 638, 12/14/05; ORD. 691, 07/14/10]

(a) A Use Permit shall lapse and become null and void one (1) year following the date on which the Use Permit became effective unless, prior to the expiration of one (1) year, a

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building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Use Permit application, or unless the Use Permit is renewed. The City Planner shall determine whether or not construction has been commenced and diligently pursued as above required.

(b) Notwithstanding section (a) above, a Use Permit that would otherwise lapse pursuant to section (a) may be extended for an additional period of one (1) year from the Use Permit’s original effective date in accordance with this subsection. A complete application for extension of the Use Permit setting forth good and sufficient reasons for the renewal must be filed with the City Planner at least 60 days in advance of the date that the Use Permit would otherwise lapse. The City Planner shall notice and conduct the public hearing on the application for extension of Use Permit as set forth in sections 1.02.230 and 1.02.240 of this Code. The City Planner may grant the application, with or without conditions, if the Planner finds that there is a good and sufficient reason to extend the permit and that the Use Permit continues to comply with the grounds set forth in section 5.03.242(a) of this subchapter. The Planner’s decision to grant or deny the extension shall be in writing, explaining the basis therefore. More than one extension to a Use Permit may be requested and granted pursuant to this section.

(c) Any interested party may appeal a determination made by the City Planner pursuant to this section to the City Council in accordance with the procedures set forth in section 1.02.270 of this Code.

[History: ORD. 691, 07/14/10]

The Use Permit, and all conditions attached thereto, shall run with the land unless:

(1) There is a change in the law on ordinances authorizing such use; or

(2) The Use Permit has lapsed in accordance with section 5.03.244 above or has been revoked in accordance with section 5.03.246 below.

Where no expiration date is established by the City Council, the Use Permit may continue to operate provided that it is in compliance with all conditions of approval and other applicable requirements of this Code.

[History: ORD. 691, 07/14/10]

A Use Permit may be revoked upon failure to comply with the provisions therefore. Revocation proceedings shall be initiated upon demand by the City Council. Written notice of the revocation proceeding shall be posted on the three (3) official bulletin boards of the Town of Colma and mailed to the owner of the property affected at the address shown on the last tax roll of San Mateo County at least ten (10) days before the matter is brought before the City Council. In lieu of revocation, the City Council may add to, delete or amend conditions of the Use Permit.

[History: formerly § 5.343; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

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XX. Temporary Use Permits

The purposes of this ordinance are to:

(a) Expedite the issuance of permits to businesses for temporary activities such as outdoor sales events and promotions, Christmas tree lots, and temporary storage, while requiring the businesses to adhere to minimum standards necessary to protect property values and the public health, safety and welfare while increasing commercial trade in the Town; and

(b) Provide for the issuance of permits for on-site construction yards.

[History: New, ORD. 713, 10/10/12; ORD. 818, 2/14/24]

5.03.251

Permit Required; Effective Date.

(a) No person may use or permit property to be used for a temporary use without first obtaining a Temporary Use Permit approved by the Zoning Administrator. Temporary or short- term activities that do not fall within the categories defined in this Division shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.

(b) A Temporary Use Permit issued for a period of 45 days or less shall become effective on the date the permit is approved by the Zoning Administrator. A Temporary Use Permit issued for a period that exceeds 45 days shall become effective seven calendar days from the date the Zoning Administrator finds that a Temporary Use Permit should be issued.

[History: New, ORD. 713, 10/10/12]

(a) To obtain a Temporary Use Permit, the applicant must submit an application on a form prescribed by the Zoning Administrator at least five working days before the use is intended to begin for Tier One Temporary Use Permits and at least fifteen working days before the use is intended to begin for Tier Two Temporary Use Permits. The application shall include written consent of the owner of the property or the agent of the owner. The application shall include a site plan showing the location of the proposed temporary use and a full description of the use, days proposed, hours proposed, equipment required, and any other information requested by the Zoning Administrator to review the proposed use.

(b) The application shall be reviewed by the Zoning Administrator to verify compliance with all applicable laws and regulations. Upon making the required findings specified in this Division, the Zoning Administrator may grant, with such conditions as are authorized herein, a Temporary Use Permit for the term specified in the Permit.

(c) A public hearing shall not be required for issuance of a Temporary Use Permit.

[History: New, ORD. 713, 10/10/12]

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Notwithstanding any other provision of the Colma Municipal Code and subject to compliance with all applicable ordinances and regulations, the following uses are permitted upon issuance of a Tier 1 Temporary Use Permit:

(a) Outdoor Sales Event in the Commercial Core. An outdoor sales event may be conducted over a maximum of five consecutive days and not more than once every three calendar months. All Temporary Uses outside of the Commercial Core require a Tier 2 Temporary Use Permit.

(b) Promotional Event. A Promotional Event may be conducted over a maximum of five consecutive days not more than once a calendar year at any location. Hours for the event must be between 7:00 a.m. and 10:00 p.m. Events occurring before 7:00 a.m. or after 10:00 p.m. require a Tier 2 Temporary Use Permit.

(c) Temporary Storage of Merchandise. Outdoor storage containers may be used for the temporary storage of merchandise or inventory for a period not to exceed 45 days in a calendar year. The storage container must not be visible from any public roadway and must not occupy any required parking spaces. In all other cases, the use of outdoor storage container requires a Tier 2 Temporary Use Permit.

(d) Construction Yard without Office or Overnight Facilities. A property may be used for a Construction Yard without Office or Overnight Facilities during the period from commencement of construction under a valid building permit to completion of the construction or abandonment of the project. Storage containers must be located as far away from the public right-of-way as possible and be located to minimize loss of required parking for the site. Containers for removal or disposal of construction debris shall be removed as shortly after they are filled as is reasonably practicable.

(e) Other Tier 1 Temporary Uses. A property may be used for any other temporary use which, in the opinion of the Zoning Administrator, meets each of the following criteria:

• (1) The use is compatible with the district and surrounding land uses;

• (2) The use is for a period not to exceed five days in a calendar year;

• (3) The use will leave adequate on-site parking and access to accommodate both the permanent and temporary use of the property;

• (4) The use is limited to the hours between 7:00 a.m. and 10:00 p.m.; and

• (5) The use does not include any Tier 2 Temporary Uses.

[History: formerly § 5.329, ORD. 563, 10/18/99; ORD. 638, 12/14/05; ORD. 713, 10/10/12]

(a) Notwithstanding any other provision of the Colma Municipal Code and subject to compliance with all applicable ordinances and regulations, the uses described in this section are permitted upon issuance of a Tier 2 Temporary Use Permit.

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(b) Outdoor Sales Event outside of the Commercial Core. An outdoor sales event may be conducted outside of the Commercial Core over a maximum of five consecutive days not more than once every three calendar months.

(c) Construction Yards with Office or Overnight Facilities. A property may be used for a Construction Yard with Office or Overnight Facilities during the period from commencement of construction under a valid building permit to completion of the construction or abandonment of the project. Storage containers must be located as far away from the public right-of-way as possible and be located to minimize loss of required parking for the site. Containers for removal or disposal or construction debris shall be removed as shortly after they are filled as is reasonably practicable.

(d) Christmas Tree Lots and Pumpkin Patches. Outdoor sales of holiday trees, pumpkins, and similar perishable goods, including decorations, may be conducted for a period of not more than 45 consecutive days in a calendar year.

(e) Outdoor produce markets. Outdoor sales of produce may be conducted once a week for not more than 25 weeks.

(f) Indoor Seasonal Sales. A holiday store, e.g., a store that sells primarily Halloween, Thanksgiving, Christmas or items celebrating a holiday, may be conducted in vacant commercial space for no more than 45 days in a calendar year.

(g) Overnight Facilities or Residential Trailers. A mobile trailer or any structure with overnight facilities (e.g., a bed, kitchen or restroom) for security personnel may be permitted in conjunction with any Temporary Use.

(h) Promotional or Sales Events. A Promotional or Outdoor Sales Event that will occur before 7:00 a.m. and after 10:00 p.m. may be conducted over a maximum of five consecutive days not more than once a calendar year at any location.

(i) Business or Sales Offices. A business or sales office or facility may be permitted in conjunction with and during any Tier 2 Temporary Use.

(j) Similar Tier 2 Temporary Uses. A temporary use that does not meet the criteria for a Tier 1 Temporary Use may be conducted upon a finding that such use is compatible with the district and surrounding land uses.

[History: New, ORD. 713, 10/10/12]

(a) The Zoning Administrator may approve a Temporary Use Permit only upon making each of the following findings:

(1) The proposed use will be for a limited duration and time and will not permanently alter the character or physical facilities of the site where the use occurs;

(2) The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort or

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general welfare of persons residing or working in the area of such use or to the general welfare of the Town;

(3) The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas;

(4) The proposed use will not block fire lanes or required access roads, and will not pose a flood hazard zone hazard; and

(5) The proposed use is not prohibited by a federal or state law or regulation or any other applicable provision of the Colma Municipal Code.

• (b) The Zoning Administrator shall prepare a written decision on the Temporary Use Permit application, which shall contain the finding of fact upon which the decision is made.

[History: New, ORD. 713, 10/10/12]

(a) The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit or with other provisions of the Colma Municipal Code, including conditions:

• (1) Requiring completion of the temporary use by a specified date;

• (2) Requiring temporary parking facilities, including vehicular ingress and egress;

(3) Regulating nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

(4) Regulating of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

• (5) Requiring sanitary or medical facilities;

• (6) Requiring solid waste collection and disposal;

• (7) Requiring security and safety measures;

• (8) Regulating signs;

(9) Regulating operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

(10) Requiring a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition; or

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(11) Requiring compliance with all other applicable laws and regulations, including the obtaining of other entitlement, licenses, permits, and inspections.

(b) The Zoning Administrator may impose other conditions to ensure that the operation of the proposed temporary use occurs in an orderly and efficient manner and in accordance with the intent and purpose of this Division.

(a) The Zoning Administrator may issue a Temporary Use Permit to allow multiple events of the same temporary use, e.g., multiple sales events or multiple promotional events, on condition that the expiration of the last such event shall not be later than one year after the beginning of the first such event covered by the permit.

(b) A Temporary Use Permit shall be issued for the term specified in the Permit, which shall not be greater than one year, except that the Zoning Administrator may grant a Temporary Use Permit for a Construction Yard for an initial term longer than one year.

(c) The Zoning Administrator may extend a Temporary use Permit for up to one year at a time.

[History: New, ORD. 713, 10/10/12]

(a) Upon receipt of information that grounds for revocation may exist, the Zoning Administrator may hold a revocation hearing. Notice of the hearing shall be posted on the three Town bulletin boards and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least three days prior to a hearing to revoke a Tier 1 Temporary Use Permit and at least ten days prior to a hearing to revoke a Tier 2 Temporary Use Permit. The notice of hearing shall contain a statement of the specific reasons for revocation.

(b) The Zoning Administrator may revoke an approved Temporary Use Permit upon finding that:

(1) It is reasonably foreseeable that the use may not end within the term specified in the Permit and that no good cause for extension thereof has been shown by the permit holder;

(2) It is reasonably foreseeable that the use may permanently alter the character or physical facilities of the site where the use occurs;

(3) Continued use will unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, or will constitute a nuisance, or will be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the area of such use or to the general welfare of the Town;

(4) Continued use will unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, or will create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas;

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(5) The Temporary Use Permit was obtained by misrepresentation or fraud;

(6) The use for which the Temporary Use Permit was granted has ceased or has been suspended for six or more consecutive calendar months; or

(7) The conditions of the permit have not been met, or the temporary use is being or has recently been conducted contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.

(c) A written determination of revocation of a Temporary Use Permit shall be mailed to the property owner and the permit holder within 10 days of such determination.

[History: New, ORD. 713, 10/10/12]

(a) Any aggrieved person may appeal the Zoning Administrator’s decision to deny a Tier 1 Temporary Use Permit or to grant or deny a Tier 2 Temporary Use Permit, in accordance with the procedures set forth in section 1.02.270 of the Colma Municipal Code. A decision to grant a Tier 1 Temporary Use Permit cannot be appealed.

(b) The City Manager may issue a stay of Zoning Administrator’s decision while the appeal is pending.

[History: New, ORD. 713, 10/10/12]

(a) For a Temporary Use Permit lasting less than 45 days, the Permittee shall post a copy of the Temporary Use Permit on the subject property throughout during the entire period of the temporary use.

(b) For a Temporary Use Permit lasting 45 days or more, the Permittee shall make a copy of the Temporary Use Permit available for inspection at the subject property during normal business hours throughout the entire period of the temporary use.

[History: New, ORD. 713, 10/10/12]

XXI. Variance

The variance process provides for Zoning Administrator or City Council review of requests for relief from the strict application of the requirements of this section and may be requested and granted as provided by this chapter. In addition to the general purposes of this section, the specific purposes of establishing procedures for variances are as follows:

(a) To provide relief from the strict application of the Zoning Ordinance when special circumstances apply to the property, including size, shape, topography, location or surroundings, and the strict application of the Zoning Ordinance deprives such property of

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privileges enjoyed by other property in the vicinity and under the identical zoning district; and

(b) To ensure conditions are applied so that the adjustment authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.

[History: ORD. 818, 2/14/24]

(a) An application for a variance shall be made on the Town of Colma Project Application and shall contain such information as is necessary to complete the Project Application. In addition, the application shall contain sufficient information to enable the City Council to determine whether the standards for granting a variance are met.

(b) The application shall be reviewed by the City Planner for completeness in accordance with section 5.01.040 of this Code.

(c) Within ten (10) days after the City Planner has determined that the application is complete, he shall transmit the same to the City Council for his recommendations. This time limitation is merely directory, not mandatory.

(d) A public hearing shall be held by the City Council prior to taking any action to grant or deny any variance. The public hearing shall be conducted in accordance with the provisions of section 1.02.120 of this Code. Whenever possible, the public hearing required by this section shall be held at the same time as, and in conjunction with, the public hearing, if any, on the final EIR for the project for which the variance is requested.

(e) An application for a variance shall be accompanied by a fee, which shall be established from time to time by the City Council of the Town of Colma by resolution.

[History: formerly § 5.345, ORD. 234, 3/14/79; ORD. 443, 9/9/92; ORD. 524, 1/14/98; ORD. 638, 12/14/05]

(a) Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(b) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(c) In granting a variance, the City Council may 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, provided that no variance may be conditioned upon:

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(1) The dedication of land for any purpose not reasonably related to the use of the property for which the variance is requested; or

(2) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance is requested.

[History: formerly § 5.346; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

The decision to grant or delay a variance shall become effective upon expiration of ten (10) days following action of the City Council, unless a written request for reconsideration along with a filing fee, which shall be established from time to time by the City Council of the Town of Colma by resolution, shall have been filed with the City Clerk in accordance with section 1.02.130 of this Code within said ten (10) day period by any person affected by said decision.

[History: formerly § 5.347, ORD. 234, 3/14/79; ORD. 524, 1/14/98; ORD. 638, 12/14/05]

XXII. Amendment

The City Council may amend the regulations and reclassify districts in this title or subsequently established.

[History: ORD. 818, 2/14/24]

(a) An application for an amendment described in section 5.03.282(a) of this Code shall be made on the Town of Colma Project Application and shall contain such information as is necessary to complete the Project Application. In addition, the application shall contain sufficient information to enable the City Council to determine whether the standards for granting an amendment are met.

(b) The application shall be reviewed by the City Planner for completeness in accordance with section 5.01.040 of this Code.

(c) Within ten (10) days after the City Planner has determined that the application is complete, he shall transmit the same to the City Council with his recommendations. This time limitation is merely directory, not mandatory.

(d) A public hearing shall be held by the City Council prior to taking any action to grant or deny any amendment. The public hearing shall be conducted in accordance with the provisions of section 1.02.120 of this Code. Whenever possible, the public hearing required by this section shall be held at the same time as, and in conjunction with, the public hearing, if any, on the final EIR for the project for which the amendment is requested.

(e) An application for an amendment shall be accompanied by a fee, which shall be established from time to time by the City Council of the Town of Colma by resolution.

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[History: formerly § 5.348; ORD. 234, 3/14/79; ORD. 443, 9/9/92; ORD. 524, 1/14/98; ORD. 638, 12/14/05]

(a) This subchapter may be amended to change any property from one zone to another, or to impose any regulation authorized by state law not theretofore imposed, or to remove or modify any existing regulation theretofore imposed, if such amendment is justified by a change of conditions and is in the public interest.

(b) This subchapter may be amended for any purpose not described in subparagraph (a) above in accordance with state laws governing the adoption and amendment of ordinances in general.

[History: formerly § 5.349; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

All departments, officials, or public employees, vested with the duty or authority to issue licenses, permits, or certificates of occupancy where required by law, shall conform to the provisions of this ordinance. No such permit or license for buildings, uses, or purposes where the same would be in conflict with the provisions of this ordinance shall be issued. Any such permit or license, if issued in conflict with the provisions hereof, shall be null and void.

[History: formerly § 5.350; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

5.03.284

Interpretation, Purpose, Conflict.

(a) In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this ordinance imposes a greater restriction upon the use of buildings or land, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall control.

(b) Whenever there is any question regarding the interpretation of the provisions of this ordinance or their application to any specific case or situation, the City Council shall interpret the intent of this ordinance by written decision and such interpretation shall be followed in applying said provisions.

[History: formerly § 5.351; ORD. 234, 3/14/79; ORD. 638, 12/14/05]

XXIII. Administrative Permits

(a) Whenever the Colma Municipal Code specifically provides that a permit or other entitlement regarding use of land may be issued administratively, the Zoning Administrator may administratively grant a use permit or other entitlement to use property in accordance with the procedures set forth in this section.

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(b) Whenever a Conditional Use Permit for an identifiable parcel of property specifically provides that a permit or other entitlement regarding use of any portion or unit of that property may be issued administratively, the Zoning Administrator may administratively grant a use permit or other entitlement to use property in accordance with the procedures set forth in this section.

(c) An application for an administratively granted permit shall be made on the Town of Colma Project Application form and submitted to the Zoning Administrator, along with an application fee which shall be established from time to time by the City Council of the Town of Colma by resolution. The application shall be reviewed by the Zoning Administrator for completeness.

(d) If state law or this Code requires the use permit or other entitlement to be considered at a public hearing, the Zoning Administrator shall notice and conduct the public hearing as set forth in sections 1.02.230-1.02.240 of this Code.

(e) Prior to issuing an administratively granted permit or other entitlement, the Zoning Administrator must find that the proposed activity meets each of the criteria and standards required for issuance of the permit or other entitlement provided under state law or this Code.

(f) In administratively granting a use permit or other entitlement, 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.

(g) A decision of the Zoning Administrator to administratively grant or deny a permit or other entitlement shall be in writing, explaining the bases therefore, and may be appealed by any interested party to the City Council in accordance with the procedures set forth in section 1.02.270 of this Code.

(h) Notwithstanding any of the foregoing provisions of this section 5.03.290, an application for an administrative permit or other entitlement may be forwarded to the City Council for public hearing and determination in accordance with this Code whenever:

(1) the Zoning Administrator determines, in his or her discretion, that it is in the public’s best interest that the City Council rather than the Planner should consider the application; or

(2) any council member gives written notice to the Zoning Administrator prior to the date and time scheduled to hear the application or within ten days after the hearing, requesting that the application be considered by the City Council.

[History: formerly § 5.355, ORD. 234, 3/14/79; ORD. 563, 10/18/99; ORD. 638, 12/14/05, ORD. 647, 07/12/06; ORD. 691, 07/14/10; ORD. 706, 3/14/12;ORD. 818, 2/14/24]

[Cross-References: § 5.03.300(c), Accessory Buildings; § 5.03.350, Minor Uses]

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XXIV. Accessory Buildings

This section defines detached accessory structures on private property and establishes development standards for nonexempt structures. The purpose of this section is to protect public health, safety and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space.

(a) Accessory buildings may be permitted in the “R” Zone as follows:

(1) An accessory building less than 120 square feet in projected roof area and less than six feet in height is generally permitted on residential lots in the “R” Zone and is not subject to setback requirements provided that such accessory building meets each of the following requirements: (A) the accessory building is not placed between any section of the front wall or foundation of the residence and the front property line, and (B) the aggregate floor area of all such accessory buildings on a single residential parcel does not exceed 120 square feet;

(2) An accessory building not meeting the requirements of the preceding paragraph may be administratively permitted by the Zoning Administrator in accordance with the procedures set forth in Section 5.03.290 of this Code provided that the City Planner makes the findings for a use permit set forth in section 5.03.242 of this Code, and provided that the accessory building meets each of the following requirements: (A) each accessory building that exceeds 120 square feet in area or is greater than six feet tall must comply with the setback requirements applicable to buildings in the “R” Zone; (B) the aggregate floor area of all accessory buildings on the lot may not exceed 25% of the rear yard; and (C) the accessory building meets each of the following design requirements: (i) the accessory building shall conform to each restriction set forth in section 5.03.082 for the dwelling unit on the parcel; (ii) the design of and materials used for that accessory building shall be consistent with the design of and materials used in the dwelling unit on the lot; and (iii) the accessory building shall be sited to protect the privacy and quiet enjoyment of neighboring properties and shall minimize impacts of noise, light, glare, and traffic on neighboring properties.

(b) Accessory buildings may be permitted in the “R-S” Zone in accordance with section 5.03.092:

(1) An accessory building less than 120 square feet in projected roof area and less than six feet in height is generally permitted on residential lots in the “R” Zone and is not subject to setback requirements provided that such accessory building meets each of the following requirements: (A) the accessory building is not placed between any section of the front wall or foundation of the residence and the front property line, and (B) the aggregate floor area of all such accessory buildings on a single residential parcel does not exceed 120 square feet;

“R” Zone and is not subject to setback requirements provided that such accessory building meets each of the following requirements: (A) the accessory building is not placed between any section of the front wall or foundation of the residence and the front property line, and (B) the aggregate floor area of all such accessory buildings on a single residential parcel does not exceed 120 square feet;

(2) An accessory building not meeting the requirements of the preceding paragraph may be administratively permitted by the Zoning Administrator in accordance with the procedures set forth in Section 5.03.290 of this Code provided

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that the City Planner makes the findings for a use permit set forth in section 5.03.242 of this Code and, that the accessory building meets each of the following requirements: (A) each accessory building that exceeds 120 square feet in area or is greater than six feet tall must comply with the setback requirements applicable to buildings in the “R” Zone; (B) the aggregate floor area of all accessory buildings on the lot may not exceed 25% of the rear yard; and (C) the accessory building meets each of the following design requirements: (i) the accessory building shall conform to each restriction set forth in section 5.03.082 for the dwelling unit on the parcel; (ii) the design of and materials used for that accessory building shall be consistent with the design of and materials used in the dwelling unit on the lot; and (iii) the accessory building shall be sited to protect the privacy and quiet enjoyment of neighboring properties and shall minimize impacts of noise, light, glare, and traffic on neighboring properties.

[History: ORD. 818, 2/14/24]

XXV. Non-Conforming Building and Uses

The purpose of this section with regard to nonconforming structures and structures with nonconforming uses is:

A. To maintain the housing stock and preserve the community character, consistent with the General Plan.

• B. To provide necessary routine maintenance and repair of older homes and structures.

• C. To improve the safety of housing and nonresidential structures.

• D. To mitigate adverse impacts upon abutting neighbors and the neighborhood in general.

E. To allow nonconforming structures and single-family residential uses to continue but not to exacerbate existing nonconforming conditions.

• F. To encourage conformance with current zoning requirements where feasible.

G. To establish a time frame for reconstruction of nonconforming uses and structures that have been abandoned after which compliance with current zoning requirements would be necessary.

H. To restrict the expansion or relocation of nonconforming multiple-family residential and commercial structures and/or nonconforming uses.

I. To encourage preservation, maintenance, restoration and rehabilitation of structures listed on the ‘Colma Historical Resources’ inventory:

(a) A non-conforming building may be maintained, except as otherwise provided in this section, and repairs and alterations may be made to such building provided that in a building or structure which is non-conforming as to use regulations, no structural alteration shall be made nor shall a building be added to, or enlarged

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in any manner, unless such building, including such additions and enlargements, are made to conform to all regulations of the zone in which it is located. No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of said building is made to conform to all the requirements of the zone in which it is located.

(b) A non-conforming building which is damaged or partly destroyed by fire, flood, wind, earthquake, or other calamity or Act of God or the public enemy, to the extent of more than fifty (50) per cent of its value at that time, may be restored provided the total cost of such restoration does not exceed fifty (50) per cent of the value of the building at the time of such damage. In the event such damage or destruction exceeds fifty (50) per cent of the value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all regulations for new buildings in the zone in which it is located.

oration does not exceed fifty (50) per cent of the value of the building at the time of such damage. In the event such damage or destruction exceeds fifty (50) per cent of the value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all regulations for new buildings in the zone in which it is located.

(c) Except as otherwise provided in this subsection the non-conforming use of a building, existing at the time this ordinance became effective, may be continued; the use of a non- conforming building may be changed to a use of the same or more restricted classification; however, if so changed, it shall not thereafter be changed to a use of a less restricted classification. A vacant non-conforming building may be occupied by a use for which the building was designed or intended if so occupied within a period of one (1) year after the effective date of this ordinance, and the use of a non-conforming building which becomes vacant after the effective date of this ordinance may also be occupied by a use for which the building was designed or intended if so occupied within a period of one (1) year after the building becomes vacant.

(d) A non-conforming use of a building conforming to the use regulations shall not be expanded or extended into any other portion of said building nor changed, except to a conforming use. If such a non-conforming use or portion thereof is discontinued or changed to a conforming use, any further use of such building or portion thereof shall be in conformity with the regulations of the zone in which said building is located.

(e) The non-conforming use of land (where no building is involved), existing at the time this ordinance became effective, may be continued; provided that no such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property, and further provided that, if such non-conforming use of land or any portion thereof is discontinued or changed, any future use of land shall be in conformity with the provisions of this ordinance.

[History: formerly § 5.344; ORD. 234, 3/14/79; ORD. 638, 12/14/05; ORD. 818, 2/14/24]

XXVI. Other Uses

(a) The Zoning Administrator may grant a Minor Use Permit in accordance with the procedures set forth in the section entitled, “Administrative Permits,” upon finding that:

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(1) The proposed activity is exempt from CEQA review;

(2) The proposed use or activity will not pose any significant land use consequences;

(3) The proposed use or activity has direct access from a major or secondary thoroughfare;

(4) Provision has been made to minimize noise and dust from the activity;

(5) The property and principal building thereon is not in violation of any applicable zoning or building codes;

(6) The granting of the permit will not be detrimental to the public health, safety or public welfare, or materially injurious to properties or improvements in the vicinity;

(7) Existing property uses, large or small, will not be detrimentally affected by the proposed use;

(8) The granting of the 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; and

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

(b) The Zoning Administrator may impose such conditions on the issuance of the Administrative Use Permit as may be reasonably necessary to implement the purposes and intent of the Town’s General Plan and Zoning Ordinance, including a condition that the permit holder post a bond or other security to guarantee compliance with this ordinance and the permit.

[History: formerly § 5.329, ORD. 563, 10/18/99; ORD. 638, 12/14/05; ORD. 713, 10/10/12; ORD. 818, 2/14/24]

(a) Prior to the adoption of sections 5.03.351, et seq., relating to Home Office uses, the City Council could allow the incidental use of a residence for a dwelling unit by a resident of the premises only by granting a Conditional Use Permit. The process of obtaining a use permit for a home office use is a time-consuming, costly process. Yet, in most cases, the City Council found that the proposed home office use was compatible with the use of surrounding properties and consistent with the residential nature of the area. In these cases, the City Council would approve the application for a home office permit, usually with a substantially similar set of conditions.

(b) The City Council desires to streamline the process for allowing the incidental use of a residence for a dwelling unit consisting solely of the use of office furniture and equipment therein by a resident of the premises while retaining the ability to deny applications by certain business activities or for certain uses that may be injurious and inimical to the public health, safety and welfare of the residents of the City, or will contribute substantially and increasingly to the deterioration of neighborhoods.

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(c) Thus, the purposes of this subchapter are to:

(1) Allow a resident to use a dwelling unit for a home office use, as defined herein, upon obtaining a Zoning Clearance issued by the Zoning Administrator, instead of obtaining a use permit; and

(2) Require that a conditional use permit be obtained for certain business activities or for certain uses as a means to prevent uses that may be injurious and inimical to the public health, safety and welfare of the residents of the City, or will contribute substantially and increasingly to the deterioration of neighborhoods.

(d) Prohibition of a non-conforming activity or use is in the best interest of the health, safety and welfare of the residents of the Town because maximum use and enjoyment of properties closely proximate to one another depends upon limitations on commercial and other uses within residential areas. The beneficial effects of maintaining a minimum standard of residential activities include, but are not limited to, appreciation of property values, physical improvement of residential and commercial areas, attraction of investors of capital to residential and commercial zones, increase in commercial trade and increase in the tax base of the City.

(e) This subchapter is consistent with the Town of Colma General Plan, which provides in that, “Colma’s plan allows for a mix of residential types and unit sizes to occur. Land designated for residential purposes can be used for single family homes and small day care facilities as allowed uses. Home occupations and large child care facilities may be allowed subject to a Use Permit.”

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12]

(a) This subchapter applies to all dwelling units in the Town regardless of each dwelling unit’s respective zoning designation.

(b) No person may use any part of a dwelling unit as an office for business purposes except:

(1) after the Zoning Administrator has issued a Zoning Clearance for a Home Office Use for the property, and only so long as the property is being used in compliance with the provisions of this Code; or

(2) after the City Council has granted a Conditional Use Permit for a Home Occupation Use for the property, and only so long as the property is being used in compliance with the provisions of this Code.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12]

(a) The Zoning Administrator shall issue a Zoning Clearance for a Home Office Use upon making a finding, based on substantial evidence, that:

(1) the building is a legal dwelling unit in a location zoned for residential use;

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(2) a resident of the dwelling unit will use the home office either as an office or a place of instruction;

(3) the Home Office Use will not include any use or activity that is prohibited by subsection (b) of this section;

(4) the Home Office will conform to the building requirements and space limitations set forth in subsection (c) of this section; and

(5) the Home Office Use will not include any use or activity that is not incidental to or incompatible with residential activities.

(b) The following uses or activities are prohibited in, on or about a dwelling unit for which a Zoning Clearance has been issued for a Home Office Use:

(1) Changes to Residential Character. A home office use that interferes with, frustrates, or obstructs the primary use of the property as a residence or which changes the color, material, construction or lighting of the premises to attract business is prohibited.

(2) Parking or storing commercial vehicles and attachments. A vehicle used primarily in connection with the Home Office use shall not be parked, stopped or stored on the subject property or on any public street in the “R” or “R-S” Zone in the Town. Equipment attached to a vehicle used primarily in connection with the Home Office Use shall not be parked, stopped or stored on the subject property or on any public street in the “R” or “R-S” Zone in the Town.

(3) Direct Sales Prohibition. Use of a home office or dwelling unit for the direct sales of goods, merchandise, or services is prohibited except by mail, telephone or other mode of electronic communication and where no merchandise is physically delivered to, sent from, or stored at the premises.

(4) Sales of Illegal or Regulated Items and Services. Use of a home office or dwelling unit for the illegal sale, either direct or indirect, is prohibited. Examples include but are not limited to: sale of firearms [as defined by Penal Code Section 12001(b), as may be amended from time to time]; sale of hazardous materials, fireworks or explosives; sale of alcoholic beverages made on the premises or elsewhere; sale of prescription medications or narcotics; sale of illegally imported items; and appointments for massage or escort services.

prohibited. Examples include but are not limited to: sale of firearms [as defined by Penal Code Section 12001(b), as may be amended from time to time]; sale of hazardous materials, fireworks or explosives; sale of alcoholic beverages made on the premises or elsewhere; sale of prescription medications or narcotics; sale of illegally imported items; and appointments for massage or escort services.

(5) Environmental Disturbances. Use of a home office or dwelling unit to emit, release, cause or create any of the following, or permitting the use of a home office or dwelling unit to emit, release, cause or create any of the following is prohibited: objectionable noise [in excess of 45 decibels, “A” weighted day-night level or dBA(LDN)], electrical or magnetic interference, vibration, release of particulate matter, odor, heat, humidity, glare, refuse, radiation, interference with the transmission of communications, interference with radio or television reception, or other objectionable emissions, effects or hazards, which increase these effects above the local ambient level or create a potential danger to the community.

(6) Equipment and Furniture.

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(i) Where the dwelling is used an office, only office equipment, such as facsimile machines, table-top copy machines, phones, personal computers, laptops, and electronic tablets, and office furniture are permitted;

(ii) Where the dwelling is used for music lessons, only musical instruments and office furniture are permitted;

(iii) Machinery and equipment not normally found in a residence are not permitted in a home office.

(7) Manufacturing and Fabrication Equipment. The manufacture or fabrication of goods is prohibited.

(8) Place of Instruction Limitations. Use of a home office as a place of instruction is limited as follows:

(i) There shall not be more than two students at a time and not more than six students per day at the dwelling unit;

(ii) All lessons shall be by appointment only, and recitals are not permitted; and

(iii) lessons shall be in a subject taught at an accredited grammar or high school or in playing a musical instrument, such as the piano or guitar.

(9) Nonresident Employees. Use of a home office or dwelling unit by an employee not residing on site to conduct business is prohibited, except that this prohibition does not apply to a domestic servant, such as a maid, gardener, or babysitter, who has been hired to assist in maintaining the household or caring for a resident.

(10) Signage. No person may install or permit a sign for a home office use that is not in conformance with the regulations for the district in which the business is located.

(11) No Business Guests. The Permittee shall not receive any clients, customers vendors, subcontractors or other persons intending to transact business at the Subject Property. Permittee shall not allow any employees or independent contractors working for Permittee in connection with the Home Office Use to work or congregate at or around the Subject Property.

(12) On-Site Client or Business Associate Meeting. Use of a home office or dwelling unit for an on-site client visit or meeting is prohibited. All meetings between or among clients, business associate or employees shall be conducted off-site from the dwelling unit.

(13) Hazardous Material Storage or Use. Hazardous chemicals or substances not normally found at a residence, such as cleaning supplies, laundry supplies or garden chemicals in quantities appropriate for single dwelling use, are prohibited.

(c) Building and Structural Requirements.

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(1) Enclosure. All activities related to the home office use must be conducted within the enclosed, livable area of the premises.

(2) Area. The maximum area that may be used for a home office shall not exceed 200 square feet.

(3) Structure. A dwelling unit may not have an entrance to a space devoted to a home office use that is not from within the building, or with internal or external alterations or construction features not customary in dwellings.

(4) Garage. The use of the garage or carport of a dwelling unit to store merchandise or equipment or to conduct any business activity is prohibited.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12]

(a) The Zoning Administrator shall issue a Zoning Clearance for a Cottage Food Operation Use upon making a finding, based on substantial evidence, that:

• (1) the building is a legal dwelling unit in a location zone for residential use;

• (2) a resident of the dwelling unit will be the Cottage Food Operator;

(3) the Cottage Food Operation Use has met the registration requirements for a “Class A” operation or the permitting requirements for a “Class B” operation from San Mateo County Environmental Health Department and complies with the California Health and Safety Code by providing the appropriate documentation from the San Mateo County Environmental Health Department;

(4) the Cottage Food Operation Use will not include any use or activity that is prohibited by subsection (c) of this section;

(5) the Cottage Food Operation will use only the existing, legally permitted, kitchen in the unit for production; and

(6) the Cottage Food Operation Use will not include any use or activity that is not incidental to or incompatible with residential activities.

• (b) The Zoning Clearance shall be conditioned on:

(1) The Cottage Food Operator maintaining his or her “Class A” Cottage Food Operations registration or “Class B” Cottage Food Operations permit in good standing;

(2) The Cottage Food Operation being in full and complete compliance with each of the requirements in Health and Safety Code section 114365; and

(3) The Cottage Food Operations be in full and complete compliance with each of the requirements in this section.

(c) The following uses are restricted or prohibited in, on or about a dwelling unit for which

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a Zoning Clearance has been issued for a Cottage Food Operation Use:

(1) Direct Sales. To minimize the traffic and parking impacts to Colma’s residential neighborhoods, which have narrow lots normally only 33.33’ wide and limited street parking, not more than two customers are allowed on the site at any given time. Direct sales may only occur between the hours of 8:00 am and 6:00 pm, Monday through Friday, and between the hours of 9:00 am and 5:00 pm, Saturday and Sunday.

(2) Gross Annual Sales. No Cottage Food Operation may exceed the following in gross annual sales: $35,000 or less in gross sales in 2013; $45,000 or less in gross sales in 2014; and $50,000 or less in gross sales in 2015.

(3) Employment. No Operation may have more than one full-time equivalent cottage food employee, not including an immediate family member or household member of the cottage food operator. Within three months of registering with the County, the cottage food operator shall supply the Town with proof that all persons who prepare or package cottage food products at the permitted CFO have completed a food processor course instructed by the California Department of Public Health.

(4) Concentration of Operations. No Cottage Food Operation shall be located closer than five hundred (500) feet to any other Cottage Food Operation due to the potential to significantly impact parking in Colma’s residential neighborhoods.

(5) Signage. No Cottage Food Operation shall be allowed signage.

(6) Delivery Vehicles. Only the operator’s vehicle normally used for domestic purposes shall be used for deliveries. The delivery vehicle shall not be heavier that 10,000 pounds in gross weight. The delivery vehicle shall only be loaded or unloaded between 7:00 a.m. and 7:00 p.m. Monday through Friday.

(7) No On-site Consumption. No food items produced on-site and sold to customers shall be consumed on the property where the sale was made, or on the sidewalk or street adjacent to the property.

(8) Enclosure. All activities related to the Cottage Food Operation, including sales, use must be conducted within the enclosed, livable area of the premises.

(9) Garage. The use of the garage or carport of a dwelling unit to store merchandise or equipment or to conduct any business activity is prohibited.

(10) Traffic. The Cottage Food Operator shall not conduct or permit operations in a manner that would generate traffic in greater volumes than would normally be expected in a residential neighborhood or increase parking demands on the street on which the residential unit is located.

(d) The issuance of a Zoning Clearance shall be conditioned on the applicant obtaining a Town Business Registration within ten days and maintaining the registration in effect at all times.

(e) The Zoning Administrator may, after a hearing, revoke a Zoning Clearance for a Home Office for failure to comply with any of the provisions in this ordinance. Written notice of the

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revocation proceeding shall be posted on the three (3) official bulletin boards of the Town of Colma and mailed to the owner of the affected property at the address for which the Zoning Clearance was issued and, if different, at the address shown on the last tax roll of San Mateo County, at least ten (10) days before the hearing. In lieu of revocation, the Zoning Administrator may attach conditions to the Zoning Clearance.

(f) A decision by the Zoning Administrator to deny an application for a Zoning Clearance for Home Office Use or to revoke a Zoning Clearance for a Home Office Use shall be in writing, explaining the reasons therefore. The applicant may appeal the decision to the City Council in accordance with the procedures set forth in section 1.02.270 of this Code.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12; ORD. 724, 6/12/13]

[Authorities: Gov’t Code §§ 51035, 65850; Health and Safety Code §§ 114365, 114365.2]

(a) Any occupant within the Town of Colma desiring to use their dwelling unit for a Home Office use or Cottage Food Operation use shall make an application to the Planning Department for a Zoning Clearance and pay the applicable processing fee. The application shall describe the business for which the home will serve as an office and the activities to be conducted at the dwelling unit. The occupant will certify in writing that the dwelling unit will not be carrying out any of the activities under Prohibited Activities for Home Offices or Cottage Food Operations enumerated above.

(b) The issuance of a Zoning Clearance shall be conditioned on the applicant obtaining a Town Business Registration within ten days and maintaining the registration in effect at all times. At the time of submission of annual Business Registration renewals, the Cottage Food Operator shall submit a copy of a valid San Mateo County Environmental County Health Department permit demonstrating permission to operate a cottage food operation. Any lapse in either Business Registration renewals or a County permit will require a new application for a Zoning Clearance once the use resumes.

(c) The Zoning Administrator may summarily suspend a Zoning Clearance for a Cottage Food Operation if the operation becomes an immediate threat to the public health or safety, or if the cottage food operator’s “Class A” registration or “Class B” permit is suspended or invalid. This suspension shall remain in effect until the condition causing the suspension has been remedied. The Cottage Food Operator may, within seven days of receipt of the notice of suspension, submit a written request to the City Clerk for an informal conference with the Zoning Administrator to provide the Operator with an opportunity to present an oral request to overturn the notice of suspension. The informal conference shall be non-evidentiary, and witnesses are generally not permitted. However, the Operator may convey all information supporting his or her case without regard for the rules of evidence.

(d) The Zoning Administrator may, after a hearing, revoke a Zoning Clearance for failure to comply with any of the provisions in this ordinance. Written notice of the revocation proceeding shall be posted on the three (3) official bulletin boards of the Town of Colma and mailed to the owner of the affected property at the address for which the Zoning Clearance was issued and, if different, at the address shown on the last tax roll of San Mateo County, at least ten (10) days before the hearing. In lieu of revocation, the Zoning Administrator may attach conditions to the Zoning Clearance.

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(e) A decision by the Zoning Administrator to deny an application for a Zoning Clearance, to uphold a suspension of a Zoning Clearance, or to revoke a Zoning Clearance for shall be in writing, explaining the reasons therefore. The applicant may appeal the decision to the City Council in accordance with the procedures set forth in section 1.02.270 of this Code.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12; ORD. 724, 6/12/13] [Authorities: Gov’t Code §§ 51035, 65850]

A Conditional Use Permit shall be required to use any part of a dwelling unit as an office for business purposes or a Cottage Food Operation if any of the findings contained in sections 5.03.353 and 5.03.354, respectively, cannot be made, or if any proposed use or activity is prohibited by these sections. An application for a Home Occupation Use Permit or Cottage Food Operation shall be made as described in Section 5.03.241 of the Colma Municipal Code. A Use Permit may be granted by the City Council only if the findings outlined in Section 5.03.242 can be made.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12; ORD. 724, 6/12/13] [Authorities: Gov’t Code §§ 51035, 65850]

(a) It is the City Council’s policy not to reduce, require or permit the reduction of the residential density for any parcel identified in the Housing Element of the Town’s General Plan as suitable for housing unless the City Council makes written findings based on substantial evidence that (1) the reduction is consistent with the Town’s General Plan, including the Housing Element, and (2) the remaining sites identified in the Housing Element of the Town’s General Plan are suitable for housing are adequate to accommodate the jurisdiction's allocation share of the regional housing needs (RHNA).

(b) If a reduction in residential density for any parcel would result in the remaining sites in the housing element not being adequate to accommodate the Town's allocation of the regional housing need pursuant to state law, the City Council may reduce the density on that parcel if it identifies sufficient additional, adequate, and available sites with an equal or greater residential density in the jurisdiction so that there is no net loss of residential unit capacity.

(c) A project applicant who requests in his or her initial application, as submitted, a density that would result in the remaining sites in the housing element not being adequate to accommodate the Town’s allocation of the regional housing need pursuant to state law, must identify sufficient additional, adequate, and available sites with an equal or greater residential density in Colma so that there is no net loss of residential unit capacity.”

[History: Ord 720, 5/8/13]

(a) Purpose. The purpose of this Section is to regulate personal, medical, and commercial

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marijuana uses. Nothing in this Section shall preempt or make inapplicable any provision of state or federal law.

(b) Personal Use.

(1) For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the Town to the extent it is unlawful under California law.

(2) Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the Town. No use permit, building variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(3) Indoor Cultivation.

(i) A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the Town. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(ii) To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Planning Department. A person may not plant, cultivate, harvest, dry or process marijuana plants inside any enclosed structure within any zoning district of the Town which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

(iii) The Planning Department will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements.

(c)

Medical Use.

(1) Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in subsection (b) of this Section.

(2) The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the Town. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective,

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cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

• (d) Commercial Use.

(1) The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

(i) The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

• (ii) The cultivation of marijuana;

(iii) The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or

(iv) Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

(e) Penalty for Violations. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Subchapter 1.05 of this Municipal Code and/or under state law.

[History: ORD 766, 11/9/16; ORD 768, 12/14/16]

(a) No building shall be located less than thirty (30) feet from any portion of El Camino Real to any portion of the building.

(b) Within the required setback from El Camino Real there shall be maintained only paved walks, paved driveways, lawns and landscaping. The landscaping shall be consistent with landscaping in the surrounding areas, and shall screen parking areas from passersby on El Camino Real. The City Council may, as a condition of any Use Permit, require a landscaping plan for the area within the required setback.

(c) The restrictions apply to property adjacent to El Camino Real the entire length of said street from the northern boundary of Colma to the Mission Road junction.

[N.B. Section 2 of Ordinance No. 270 (effective 7/9/82) provided as follows: "The requirements of this section shall not be construed to require the removal or other changes or alteration of any structure not conforming thereto as of the effective date hereof or

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otherwise interfere with the continuance of any non-conforming use; but shall apply to any replacement, addition, or substantial alteration of any such non-conforming structure."]

[History: formerly § 5.336.1; ORD. 270, 6/09/82; ORD. 638, 12/14/05]

No person shall occupy a recreational vehicle, a park trailer, a truck camper, or a commercial coach, as those terms are defined in Health and Safety Code sections 18001.8, 18009.3, and 18010, in the Town of Colma except as follows:

(a) For temporary use as a field office or a business office during construction, alteration or repair of a project in the Town of Colma pursuant to a Temporary Use Permit issued under section 5.03.251 of this Code; or

(b) For use as an office in connection with a commercial use pursuant to a conditional use permit issued by the City Council under section 18300.1 of the Health and Safety Code of the State of California.

[History: formerly § 5.337; ORD. 244, 11/14/79; ORD. 280, 01/12/83; ORD. 638, 12/14/05; ORD. 720, 5/8/13]

This is no longer an allowable land use in the Town of Colma.

No person may hereafter use any land in the Town of Colma for disposal of solid wastes, except as follows:

(a) As to any disposal site being operated as a private dump on December 10, 1980, pursuant to a use permit from the Planning Commission of the Town of Colma, the operator of such dump or the owner of the land may use such land for disposal of solid wastes until December 31, 2010, or until termination (other than a revision, modification or amendment of an existing permit or the replacement of an existing permit with a new and different permit) of the Solid Waste Permit from the State Solid Waste Management Board, whichever date is earlier, as a non-conforming use.

(b) As to any disposal site being operated as a public dump on December 10, 1980 pursuant to a use permit from the Planning Commission of the Town of Colma, the operator of such dump, or the owner of the land, may use such land for disposal of solid wastes until December 31, 1982, or until termination (other than a revision, modification or amendment of an existing permit or the placement of an existing permit with a new and different permit) of the Solid Waste Permit from the State Solid Waste Management Board, whichever date is earlier, as a nonconforming use. The expiration date specified in this subsection (2) shall be extended until December 31, 1983, pursuant to the following procedure:

(1) The operator shall file a written application therefore with the City Clerk after January 1, 1982 and prior to July 1, 1982, specifying the reasons for the application;

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(2) The City Council shall conduct a public hearing on said application within sixty (60) days thereafter and shall approve the application upon presentation of substantial evidence by the operator showing that good cause exists for such extension and that such dump is not then being operated in violation of any ordinance, law or regulation.

[History: formerly § 5.338; ORD. 257,2/11/81; ORD. 638, 12/14/05]

(a) RMUs Prohibited. It shall be unlawful for any person to operate, allow another to operate, or to permit the operation of an RMU on any public street; on any sidewalk; in any area of doorway or entranceway immediately abutting thereon; on any privately owned land without the permission of the owner or lessee of the property; or on any privately-owned land which is not otherwise in compliance with local zoning and building requirements.

(b) Zoning Clearance Required. It shall be unlawful for any person to operate, allow another to operate, or to permit the operation of an RMU on any privately owned property, outside of a building, in the Town of Colma without first obtaining a Zoning Clearance from the City Planner. Application for zoning clearance shall be made to the City Planner and shall include the following:

• (1) Name, address and telephone number of the RMU vendor.

• (2) An accurately drawn plan showing the proposed RMU location.

• (3) A drawing or photograph of the proposed RMU.

• (4) For RMU vendors not affiliated with the owner or lessee:

  • (i) Written permission of the owner or lessee of the property.

(ii) Verification that the vendor’s State Equalization number lists the property address as point of sale.

(iii) For RMU vendors operating a food establishment: Verification of Health Department permit.

(iv) A zoning clearance fee, which shall be established from time to time by the City Council of the Town of Colma by resolution.

The City Planner shall coordinate the review of applications for zoning clearance and shall issue a clearance certificate to the applicant upon verification of the application materials, verification that the owner or lessee is operating in conformance with local zoning and building requirements and upon finding that the proposed location and design of the RMU unit will not hinder vehicular or pedestrian movement and will not violate any permit condition of the property owner or lessee.

(c) Display of Clearance and Health Department Permit. A countersigned copy of the zoning clearance must be displayed at the RMU. For food establishments, the vendor must display a valid Health Department permit.

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(d) Business License Required. A separate business license is required for RMU vendors not affiliated with the property owner or lessee.

(e) Non-transferability. Zoning clearance shall be limited to a specific vendor and shall not be transferable to any other person or entity.

History: formerly § 5.339, ORD. 506, 3/12/97; ORD. 524, 1/14/98; ORD. 638, 12/14/05]

XXVII. Solar: Small Residential Rooftop Solar Energy Systems

(a) This Subchapter applies to the permitting of all small residential rooftop solar energy systems in the Town. The purpose of this Section is to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Subchapter encourages the use of small residential rooftop solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the Town, and expanding the ability of property owners to install small rooftop solar energy systems. This Subchapter allows the Town to achieve these goals while protecting the public health and safety.

(b) For rooftop solar systems mounted on non-residential buildings, refer to Section 5.04.120(i)4.j.

[History: ORD. 759, 10/14/15]

Definitions associated with Solar: Small Residential Rooftop Solar Energy Systems may be found in section 5.03.030, Definitions.

(a) A solar energy system that qualifies as a small residential rooftop solar energy system shall be processed in accordance with this Subchapter.

(b) Applications for small residential rooftop solar energy systems shall require a building permit or administrative use permit as set forth in this Subchapter.

(c) A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the state and the Town, and the Colma Fire Protection District.

(d) The Building Official shall, prior to September 30, 2015, adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review.

(e) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting,

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including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research and may be amended as otherwise necessary or advisable.

[History: ORD. 759, 10/14/15]

• (a) Prior to submitting an application, the applicant shall:

(1) Verify, to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

(2) At the applicant’s cost, verify to the applicant’s reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

[History: ORD. 759, 10/14/15]

(a) All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible Town website.

(b) Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. The Town’s website shall specify the permitted method of electronic document submission.

(c) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature in a manner specified on the Town’s website.

[History: ORD. 759, 10/14/15]

(a) An application that the Building Official determines satisfies the information requirements contained in the Town’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete. (b) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(c) After the Building Official deems an application complete, he or she shall review the application to determine whether the application meets local, state, and federal health and safety requirements.

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(d) Unless the Building Official determines a use permit is warranted, the Building Official shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist, standard plan and this Subchapter.

(e) The Building Official may require an applicant to apply for a use permit if he or she finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. This decision may be appealed to the City Council.

[History: ORD. 759, 10/14/15]

(a) If an administrative use permit is required, it shall be processed in accordance with this Section and the administrative use permit requirements contained in the Town’s Zoning Ordinance.

(b) The administrative use permit may be denied if written findings are made, based upon substantive evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.

(c) Any condition imposed on an administrative use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(d) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the Town on another similarly situated application in a prior successful application for a permit. The Town shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following:

(1) For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

(2) For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.

[History: ORD. 759, 10/14/15]

(a) Only one inspection shall be required and performed by the Town for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner. A separate fire safety inspection may be performed by the Colma Fire Protection District, as determined by the Building Official.

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(b) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section.

[History: ORD. 759, 10/14/15]

Roof- mounted solar panels that do not extend more than three (3) feet above the roofline of the structure on which they are mounted are exempt from the requirements of this Subchapter.

[History: ORD. 818, 2/14/24]

XXVIII. Historic Design Review

The purpose of this Chapter is to provide for the health, safety and general welfare through preservation of historic and cultural resources. The intent is to provide for the review, evaluation, enhancement, protection and preservation of natural phenomena, structures, site and areas that possess unique character, special architectural appearance, historical value or which generate special aesthetic and cultural interest. The quality of life within the community will be enhanced through the development and maintenance of appropriate settings and environments of historic and cultural resources. This Chapter also establishes procedures for the comprehensive review of development to implement the requirements of the Historical Resources Element goals and policies of the General Plan.

A. When required. All projects that require a land use or building permit or will affect the exterior appearance of any building or property designated as a historic resource shall be subject to Historic Design Review in compliance with this Chapter.

B. Building permits. No building permit shall be issued for any project until the project has been evaluated through the Historic Design Review process, planning approval has been granted, and the appropriate land use permit has been issued.

Definitions associated with Historic Design Review may be found in section 5.03.030, Definitions.

A. Commencement of review. The Historic Design Review process is initiated when the City Planner receives a complete application. The application package shall include all plans, elevations, specifications, sample materials, signage, etc. as specified in the application and any additional information required by the City Planner in order to conduct a thorough review of the proposed project. The materials in the application should be of presentation quality.

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B. Review with other permits. Historic Design Review for projects that require the approval of a discretionary permit (e.g., Conditional Use Permit, Variance, etc.) shall occur concurrently with the review of the discretionary permit application, and the final determination shall be made by the highest level of review authority acting on the project application. The City Planner shall prepare a report for the review authority outlining the findings and any conditions relating to the Historic Design Review prior to the review authority’s consideration of the project. The report containing findings and any conditions shall also be forwarded to the applicant prior to consideration by the review authority.

The Historic Design Review application shall be forwarded to the Planning Division and Colma Historical Association for review. The Planning Division and Colma Historical Association shall review the application in accordance with the requirements of this Chapter and Section 5.03.150, Design Review Combining District, and forward a recommendation of approval, conditional approval, or denial to the City Planner. The City Planner shall review the land use permit within the time limits imposed by the Zoning Ordinance.

D. Factors to be considered. In conducting a Historic Design Review for a particular project, the City Planner shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties in general. Historic Design Review shall be conducted by comparing the proposed project to applicable General Plan policies, adopted development standards, Design Review Combining District, and other applicable ordinances of the Town.

E. Action, conditions. The City Planner may approve or recommend approval in accordance with Section 5.03.434, Findings and Decision, and prepare a Notice of Action. The City Planner may impose conditions to ensure that the project would meet all of the required findings. Conditions may relate to both on- and off-site improvements that are necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the respective zoning district.

F. Revised plans. Where conditions are imposed that may substantially alter a proposed project, the applicant may be requested to submit revised plans at the discretion of the City Planner.

A. Approval. The City Planner or review authority may grant an approval with or without conditions, only if all of the following findings can be made:

1. The project, including its character, scale and quality of design, is consistent with the purpose of this Chapter, and all applicable development standards;

2. With regard to a designated historic and/or cultural resource, the proposed work will neither adversely affect the significant architectural features of the designated historic and/or cultural resource nor adversely affect the character of historical, architectural, or aesthetic interest or value of the designated resource and its site;

3. In case of construction of a new improvement, addition, building, or structure upon a designated historic and/or cultural resource site, the exterior of such improvements will not adversely affect and will be compatible with the use and

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exterior of existing designated historic resources, improvements, buildings, natural features, and structures on said site.

4. The proposed project is consistent with the General Plan.

B. Denial. A denial shall be accompanied by a statement of the reasons for denial. The City Planner shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the City Planner to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the City Planner. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the City Planner.

A. All work performed under a Building Permit for which project drawings and plans received an approval shall conform to the approved drawings and plans and any conditions of approval.

B. Any modifications to or deviations from the drawings and plans approved under this Chapter shall be approved by the City Planner. In the case of a discretionary permit, the City Planner may approve minor modifications but the original review authority shall review and approve any major modifications.

[History: ORD. 818, 2/14/24]

XXIX. Tree Cutting and Removal

The General Plan of the Town of Colma recognizes the contribution of both trees and views to the character and beauty of the Town. Removal of trees without reasonable care would destroy the natural beauty of certain areas, contribute to erosion and increase cost of drainage systems, reduce protection against wind, and impair residential privacy and quiet. Guidelines are needed to protect both trees and views and to ensure that access to public property and public rights-of-way, including sidewalks, by persons with disabilities is not constrained or inhibited. For such reasons, the City Council enacts these regulations to promote the public health, safety and welfare.

[History: formerly § 5.601; ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95; ORD. 638, 12/14/05; ORD. 689, 3/10/10]

Person: Any individual, firm, partnership, corporation or other legal entity.

Tree: As used in this subchapter, a "tree" means any live woody plant having a single perennial stem of 12 inches or more in diameter or multi-stemmed perennial plant having an aggregate diameter of 40 inches or more measured 4 feet above the natural grade. "Tree" shall also include any woody plant that has been placed by the Town, or required by permit of the Town, that has not yet obtained the stated size.

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Alteration: Any action which would significantly damage a tree, whether (1) by cutting of its trunk or branches, or (2) by filling or surfacing or changing the drainage of the soil around the tree, or (3) by other damaging acts; this definition excludes routine pruning and shaping, removal of dead wood, or other maintenance of a tree to improve its health, facilitate its growth, or maintain its configuration to protect an existing view.

Undeveloped Parcel: Any lot or parcel which may be subdivided or divided under applicable regulations of the Town, and any lot or parcel on which a permanent structure had not been built; any other lot or parcel is a "developed property" for purposes of this ordinance.

[History: formerly § 5.602; ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95 ORD. 638, 12/14/05]

It shall be unlawful for any person to remove or alter any tree on private property in the Town without a permit issued as provided herein, except as provided in Section 5.06.060.

[History: formerly § 5.603; ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95 ORD. 638, 12/14/05]

The Zoning Administrator shall approve, conditionally approve, or deny the application for a permit to cut down, remove, or move any indigenous tree or trees.

[History: formerly § 5.604; ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95; ORD. 638, 12/14/05; ORD. 706, 3/14/12]

(a) An application for a tree removal permit shall be made on the Town of Colma project application form and be submitted to the City Planner or designee, along with the information required in this ordinance and the application fee, which shall be established from time to time by the City Council of the Town of Colma by resolution.

(b) The application shall identify the property on which the tree is located, provide a perimeter outline of any existing or proposed building on the property, specify the location of the tree within an accuracy of one foot, state the size and species of the tree, and furnish a brief statement of the reason for the request, along with an arborist evaluation prepared by a licensed and/or certified arborist for the tree(s) desired for removal, and such other information as the City Planner or designee may require.

i. In the case of an application for a use permit or for tentative approval of the division or subdivision of property, the information required under this section shall be part of that application. ii. In the case of an application for removal of more than five trees from the same property, or an application for removal of trees that can be seen from a main public road, the applicant must also provide the City Planner or designee with a revegetation plan.

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(c) The City Planner or designee shall review the application for completeness and shall notify the applicant when the application is complete.

(d) The City Planner or designee shall inspect the tree and the site and shall consider the following factors in determining whether to issue or to deny a permit:

(1) The conditions of the trees with respect to disease, hazard proximity to existing or proposed structures, or interference with utility services;

(2) The necessity of removal or alteration of the tree in order to improve the property;

(3) The topography of the land, and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water;

(4) The protection of privacy for the property on which the tree is located or for adjacent properties;

(5) The number of trees in the neighborhood, and the effect of tree removal or alteration on property values in and characteristic of the neighborhood.

(e) The City Planner or designee shall issue a tree removal permit unless the Planner or designee finds that the tree affected is of such size, type, condition and location that its removal or alteration would destroy the natural beauty of certain areas, contribute to erosion, increase the cost of drainage systems, reduce protection against wind, or significantly impair the privacy and quiet of a residential area.

(f) The City Planner or designee may attach such conditions to the permit as are reasonable and necessary to accomplish the purposes of this ordinance, including protection of the tree by grading, drainage and cut and fill restrictions, or substitution using a minimum 15-gallon size tree or shrub.

(g) Where the proposed tree removal would destroy the natural beauty of certain areas, contribute to erosion and increase cost of drainage systems, reduce protection against wind, or significantly impair the privacy and quiet of a residential area, the City Planner or designee may issue a tree removal permit on such conditions as the Planner or designee may deem appropriate, including replacement or substitution using specimen size trees.

(h) Replacement of trees that are removed shall be done on the same property as the removal unless the City Planner or designee determines that an off-site location better serves the Town’s objectives. Replacement trees shall be a 3:1 replanting ratio, 15-gallon size, and native species.

(i) Each tree to be removed or altered shall be physically marked with red tape. No tree may be removed or altered on any undeveloped parcel on Saturdays, Sundays or holidays or at any time except during the regular working hours (8:00 a.m. to 5:00 p.m.) Monday through Friday.

(j) The applicant shall post at once a copy of the permit at the property in a location where it may be read from the public street or sidewalk.

(k) The provisions of this paragraph 5.605(h) shall apply to the removal of trees in connection with the grant of a use permit or approval of the subdivision or division of lands.

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The City Planner or designee shall prepare an evaluation on the trees and views based on the developer's plans and site inspection of the land to be subdivided or divided. Such evaluation shall be maintained in a permanent Town permit file. Final approval of the project plan by the City Council shall constitute a permit to remove or alter the specified tree. No other tree removal or alteration on the property subsequent to such approval of map may be done except pursuant to a permit issued under subparagraph (a) of this section. A notice that identifies the approved subdivision or division of land map shall be posted at the property.

[History: formerly § 5.605, ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95; ORD. 524, 1/14/98; ORD. 638, 12/14/05]

(a) If personal injury or substantial property damage is imminently threatened, or access to public property or public rights-of-way by disabled persons prevented, the Chief of Police, City Manager, or City Planner may authorize the removal of a tree without compliance with other provisions of this ordinance.

(b) The provision of this article shall not apply to any project or activity being carried out by the Town of Colma.

(c) The provisions of this article shall not apply to the removal or pruning of any tree, other than those required as part of an approved landscape plan, from any developed, residentially zoned land.

[History: formerly § 5.606; ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95; ORD. 502, 10/9/96; ORD. 638, 12/14/05; ORD. 689, 3/10/10]

A decision of the City Planner or designee to grant or deny a Tree Removal 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.

[History: formerly § 5.607, ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

5.03.507

Penalties.

Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor, which shall be punishable as set forth in section 1.05.010 et seq.

[History: formerly § 5.608; ORD. 292, 10/12/83; ORD. 303, 9/12/84; ORD. 479, 4/12/95; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

XXXI. Public Trees

The General Plan of the Town of Colma recognizes the contribution of trees to the character

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and beauty of the Town. It is in the best interest of the Town and its residents that trees on public property are properly maintained. This subchapter is adopted for the purposes of establishing rules and regulations relating to the planting, care, maintenance, removal, and replacement of such trees.

[History: Adopted by ORD.783, 10/24/18]

Director: Public Works Director and his or her designee.

Maintenance: Acts to promote the life, growth, health, or beauty of trees, shrubs, or plants, including, but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, fertilizing, cultivating, supporting, and treating for disease or injury.

Owner: The fee owner of real property and the person or persons in possession of the real property.

Person: Any person, firm, partnership, association, corporation, company, or organization of any kind.

Public Street: Road or street under the jurisdiction of and maintained by a public authority, such as the Town of Colma, and open to public vehicle, bicycle, pedestrian or other travel.

Public Property: Any property under the jurisdiction of and maintained by a public authority, such as the Town of Colma, and open to public use.

Town Tree: Any tree growing on any Town-owned property, including any tree located on an easement dedicated to the Town where the Town has affirmatively accepted responsibility to maintain such tree(s).

[History: Adopted by ORD.783, 10/24/18]

The Director shall have authority to administer the provisions of this subchapter regarding trees planted or growing in public areas within the Town.

[History: Adopted by ORD.783, 10/24/18]

No person shall interfere with or cause or permit any person to interfere with Town employees, contractors or representatives who are engaged in the planting, preserving, maintaining, treating or removing of any tree or plant or related work in the Town.

[History: Adopted by ORD.783, 10/24/18]

(a) It shall be unlawful for any person to plant, remove or alter any tree on public property in the Town without authorization from the Director, except as provided in Section 5.20.070.

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(b) Public trees may be removed with approval from the Director in the following circumstances:

• a. If the tree is damaged or destroyed.

• b. To protect property or other trees, shrubs or plants from damage or injurious infection.

• c. In the interest of public safety.

(c) The Director shall review and authorize the species, location and spacing of all plantings on public streets and public property.

[History: Adopted by ORD.783, 10/24/18]

No person shall:

• (a) Damage, cut, injure, deface, mutilate, kill or destroy a Town tree.

• (b) Cause or permit a fire to burn where the fire or the heat will injure a Town tree.

(c) Place, apply or attach to a Town tree or to the guard or stake intended for the protection of a Town tree any wire, rope (other than one used to support a young or broken tree), sign, paint or other substance that may serve to damage or alter the tree.

[History: Adopted by ORD.783, 10/24/18]

(a) It is the responsibility of the utility companies to maintain trees that interfere with utility wires in accordance with State orders for clearance of trees from electrical utilities. Utility companies performing tree maintenance work done under State orders are exempt from obtaining approval from the Director; provided, however, any such utility company shall provide evidence of existing State orders and notify the Director of when such maintenance will occur at least two weeks prior to undertaking the work. Each utility company doing work in the Town is required to secure an annual encroachment permit.

(b) If emergency conditions such as personal injury or substantial property damage is imminently threatened, or access to public property or public rights-of-way by disabled persons prevented, the Chief of Police, City Manager, or City Planner may authorize the removal of a tree without compliance with other provisions of this ordinance.

[History: Adopted by ORD.783, 10/24/18]

(a) The Town shall inventory and develop a plan for all Town trees and planting areas in public areas of the Town. All town trees shall be tagged and logged into the Town’s Geographic Information System database.

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(b) In accordance with the plan, the Director shall proceed each year to plant trees or replace trees to the extent of such funds as may be allocated by the City Council for that purpose.

(c) Where the condition of a tree, or the condition of public improvements adjacent to a tree make replacement of the tree necessary or desirable, the Director is authorized to remove such tree and replace it with one in accordance with the Town tree master plan.

(d) In accordance with the plan, the Director shall establish and implement a five-year schedule for regular pruning of Town trees maintained by the Town; the allocation of staff resources, and for establishing a budget for these activities.

[History: Adopted by ORD.783, 10/24/18]

(a) The Director may determine the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in public property in the Town. The suitable and desirable plantings that are approved to be planted in Town shall be included in a “master tree list” and it shall be filed in the office of the Town Clerk. The Town may revise or change the master tree list subject to the approval of the Director.

(b) Each tree planted in a public area must be on the master tree list, unless approval is obtained from the Director to plant a tree not on the list.

(c) The following list is the approved master tree list of the types and species of trees suitable and desirable for planting within Public Property.

[History: Adopted by ORD.783, 10/24/18]

The Town has determined that certain species of trees are not desirable due to their susceptibility to disease, short life span, mature size, maintenance schedule, and/or likelihood of damaging existing improvements. The following list is the list of trees that should not be authorized in Town without additional consideration.

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[History: Adopted by ORD.783, 10/24/18]

XXXII. Reasonable Accommodations in Housing

It is the policy of the Town of Colma to provide reasonable accommodations for persons with disabilities seeking fair and equal access to housing in the application of its zoning laws, building codes, and other land use regulations, policies and procedures. The purpose of this subchapter is to provide a process for making a request for reasonable accommodation.

[History: ORD. 652, 1/10/07, ORD. 688, 3/10/10]

This subchapter applies to persons with disabilities as defined under the Americans with Disabilities Act of 1990 (“ADA”); the Federal Fair Housing Act; the California Fair Employment and Housing Act; and Health and Safety Code sections 19955 et seq. (the “Acts”).

• (a) Authorized Applicants. A request for reasonable accommodation may be made by any persons with a disability, their representative or any entity, when the application of a zoning law, building code or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has, or is regarded as or has a record of having, a physical or mental impairment that limits or substantially limits one or more major life activities within the meaning of the Acts.

• (b) Elimination of Regulatory Barriers. A request for reasonable accommodation may include a modification or exception to Town rules, policies and procedures, or to the standards and practices for the siting, development and use of housing or housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A request for reasonable accommodation shall comply with Section 5.15.030 of this subchapter.

[History: ORD. 652, 1/10/07, ORD. 688, 3/10/10]

• (a) Application. A request for reasonable accommodation sought to obtain equal access to housing or the use of land within the Town of Colma by a qualified individual with a disability shall be initiated by submitting to the City Planner a completed application

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form, signed by the property owner or authorized agent, containing the following information:

• (1) The applicant’s name, address and telephone number;

• (2) Address of the property for which the request is being made;

• (3) The current use of the property;

• (4) The basis for the claim that the individual is considered disabled under the Acts;

(5) The code provision or other Town regulation or policy from which accommodation is being requested; and

(6) An explanation of why the accommodation is necessary to make the specific property accessible to the individual.

• (7) There shall be no fees required for a request for reasonable accommodation.

• (b) Review with Other Planning Applications. If the request for reasonable accommodation is being made in connection with a project or other land use that also requires some other planning approval (such as a use permit, variance, design review permit, zone change, general plan amendment or subdivision), then the applicant shall file the application containing the information required by subsection (a) with the City Planner together for concurrent with the application(s) for approval.

[History: ORD. 652, 1/10/07; ORD. 388, 3/10/10; ORD. 693, 9/8/10]

• (a) Consideration of Request. In considering whether to grant or deny a request for reasonable accommodation, the City Planner shall consider all resources available to the Town for use in the funding and operation of the service, program or activity.

• (b) Findings. The written decision to grant or deny a request for reasonable accommodation shall be based on consideration of the factors set forth below:

  • (1) Whether the housing, which is the subject of the request, will be used by an individual with a disability under the Acts.

  • (2) Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

  • (3) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Town.

  • (4) Whether the requested reasonable accommodation would require a fundamental alteration in the nature of the Town program or law, including, but not limited to, land use and zoning. If the Town determines that a requested accommodation would result in a fundamental alteration or an undue financial or administrative burden, the Town may take any other action that would not result in such an alteration or such burdens but would

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nevertheless ensure that individuals with disabilities receive equal access to the benefits or services provided by the Town.

[History: ORD. 652, 1/10/07; ORD. 688, 3/10/10; ORD. 693, 9/8/10]

A written notice of decision either granting or denying the request, including any reasonable conditions, shall be issued to the applicant/property owner within 30 days of the date of receipt of a completed application. The notice of decision shall contain the factual findings, conclusions and reasons for the decision. A decision to deny a request shall include the reasons why providing the requested accommodation would fundamentally alter the nature of the service or program in question or would result in an undue financial or administrative burden.

[History: ORD. 688, 3/10/10; ORD. 963, 9/8/10; ORD. 739, 3/11/15]

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