Colma Municipal Code § 5.19 Detailed Table of Contents – Business Activities Colma Municipal Code

(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1) Deemed to be inconsistent with the city’s general plan and zoning designation for

the lot on which the ADU or JADU is located.

2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is

located.

3) Considered in the application of any local ordinance, policy, or program to limit

residential growth.

4) Required to correct a nonconforming zoning condition, as defined in subsection

(b)(7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

For purposes of this chapter, the following definitions apply:

1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more persons
and is located on a lot with a proposed or existing primary residence. An accessory
dwelling unit also includes the following:

A. An efficiency unit, as defined by Section 17958.1 of the California Health
and Safety Code; and

B. A manufactured home, as defined by Section 18007 of the California Health
and Safety Code.

2) “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.

3) “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.

4) “Efficiency kitchen” means a kitchen that includes each of the following:

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A. A cooking facility with appliances.

B. A food preparation counter and storage cabinets that are of a reasonable
size in relation to the size of the JADU.

5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies
all of the following:

A. is not more than 500 square feet in size,

B. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an attached garage, is
considered to be a part of and contained within the single-family structure.

C. It includes its own separate sanitation facilities or shares sanitation facilities
with the existing or proposed single-family structure.

D. If the unit does not include its own separate bathroom, then it contains an
interior entrance to the main living area of the existing or proposed single-family
structure in addition to an exterior entrance that is separate from the main
entrance to the primary dwelling.

E. It includes an efficiency kitchen, as defined in subsection (b)4) above.

6) “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.

7) “Nonconforming zoning condition” means a physical improvement on a property
that does not conform with current zoning standards.

8) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the ADU or JADU.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application

   and that meets the requirements for permitting.

   10) “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.

   11) “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.

An ADU or JADU that conforms to this chapter shall:

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A. Be deemed an accessory use of an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

B. Be deemed a residential use that is consistent with the General Plan and the zoning
designation for the lot; and

C. Not considered in the application of any ordinance, policy, or program to limit
residential growth; and

D. Not required to correct a nonconforming zoning condition, as defined in section

building standards in accordance with Health and Safety Code section 17980.12.

The following approvals apply to ADUs and JADUs under this section:

A. Building Permit Only. If an ADU or JADU complies with each of the general
requirements in subsection 5.19.050, it is allowed with only a building permit in the
following scenarios:

1. Converted on Single-family Lot: Except as set forth in subparagraph
A.2 below, only one ADU or JADU on a lot with a proposed or existing single-family
dwelling on it, where the ADU or JADU:

(a) Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or within the
existing space of an accessory structure, plus up to 150 additional square
feet if the expansion is limited to accommodating ingress and egress and
meets required setbacks.

(b) Has exterior access that is independent of that for the single-family
dwelling.

(c) Has side and rear setbacks sufficient for fire and safety, as dictated
by applicable building and fire codes.

(d) The JADU complies with the requirements of Government Code
Section 65852.22.

2. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family dwelling (in
addition to any JADU that might otherwise be established on the lot under
subsection 5.19.040(A)(1), if the detached ADU satisfies the following limitations:

(a) The side- and rear-yard setbacks are at least four-feet.

(b) The total floor area is 800 square feet or smaller.

(c) The peak height above grade is 16 feet or less.

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3. Converted on Multifamily Lot: Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU under this paragraph is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing number of multifamily dwelling units. 4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

(a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

(b) The peak height above grade does not exceed the applicable height
limit provided in subsection (d)2) below.

B. ADU Permit.

1. Except as allowed under paragraph A.1 of this section, no ADU may be
created without a building permit and an ADU permit in compliance with the
standards set forth in subsections 5.19.050 and 5.19.060 below.

2. The City may charge a fee to reimburse it for costs incurred in processing
ADU permits, including the costs of adopting or amending the City’s ADU
ordinance. The ADU-permit processing fee is approved by the City Council by
resolution.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.

2. The town must approve or deny an application to create an ADU or JADU
within 60 days from the date that the city receives a completed application. If the
town has not approved or denied the completed application within 60 days, the
application is deemed approved unless either:

(a) The applicant requests a delay, in which case the 60-day time
period is tolled for the period of the requested delay, or

(b) When an application to create an ADU or JADU is submitted with a
permit application to create a new single-family or multifamily dwelling on
the lot, the town may delay acting on the permit application for the ADU
or JADU until the town acts on the permit application to create the new
single-family or multifamily dwelling, but the application to create the ADU

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or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the town denies an application to create an ADU or JADU, the city must
provide the applicant with comments that include, among other things, a list of all
the defective or deficient items and a description of how the application may be
remedied by the applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60-day time period established by
subsection (c)3)(B) above.

4. A demolition permit for a detached garage that is to be replaced with an
ADU is reviewed with the application for the ADU and issued at the same time.

The following requirements apply to all ADUs and JADUs that are approved under paragraphs A or B of section 5.19.040.

A. Zoning.

1. An ADU or JADU subject only to a building permit under subsection
5.19.040(A) above may be created on a lot in a residential or mixed-use zone.

2. An ADU or JADU subject to an ADU permit under subsection (c)2) above
may be created on a lot that is zoned to allow single-family dwelling residential
use or multifamily dwelling residential use.

B. Height.

1. Except as otherwise provided by subsections (d)2)(B) and (d)2)(C) below,
a detached ADU created on a lot with an existing or proposed single family or
multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with
an existing or proposed single family or multifamily dwelling unit that is located
within one-half mile walking distance of a major transit stop or a high quality transit
corridor, as those terms are defined in Section 21155 of the Public Resources Code,
and the ADU may be up to two additional feet in height (for a maximum of 20
feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the
roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily
dwelling that has more than one story above grade may not exceed 18 feet in
height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in
height or the height limitation imposed by the underlying zone that applies to the
primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject
to this subsection (d)2)(D) may not exceed two stories.

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5. For purposes of this subsection (d)2), height is measured above existing
   legal grade to the peak of the structure.

   C. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required
   in the primary residence. The construction of an ADU does not trigger a requirement for
   fire sprinklers to be installed in the existing primary dwelling.

   D. Rental Term. No ADU or JADU may be rented for a term that is 30 days or less.

   E. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or

   JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. An ADU that is permitted after January 1, 2020, but before January 1,
2025, is not subject to any owner-occupancy requirement.

2. Unless applicable law requires otherwise, all ADUs that are permitted on or
after January 1, 2025 are subject to an owner-occupancy requirement. A natural
person with legal or equitable title to the property must reside on the property as
the person’s legal domicile and permanent residence.

3. As required by state law, all JADUs are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the property must
reside on the property, in either the primary dwelling or JADU, as the person’s
legal domicile and permanent residence. However, the owner-occupancy
requirement in this subsection (d)7)(C) does not apply if the property is entirely
owned by another governmental agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a
deed restriction must be recorded against the title of the property in the County Recorder’s
office and a copy filed with the City Planner or designee. The deed restriction must run
with the land and bind all future owners. The form of the deed restriction will be provided
by the town and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the
ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes
allowed by this section.

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3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. 5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. I. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:

   1. With the building-permit application, the applicant must provide the City
   with an estimate of the projected annualized rent that will be charged for the ADU
   or JADU.

   2. Within 90 days after each yearly anniversary of the issuance of the building
   permit, the owner must report the actual rent charged for the ADU or JADU during
   the prior year. If the City does not receive the report within the 90-day period,
   the City may send the owner a notice of violation and allow the owner another 30
   days to submit the report. If the owner fails to submit the report within the 30-
   day period, the City may enforce this provision in accordance with applicable law.

   J. Building & Safety.

   1. Must comply with building code. Subject to subsection (d)10)(B)
   below, all ADUs and JADUs must comply with all local building code requirements.

5. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local 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 (d)10)(B) prevents the town from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential

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use and was subsequently converted for residential use in accordance with this section.

K. Specific ADU Requirements. The following requirements apply only to ADUs
that require an ADU permit under subsection (c)2) above.

1. Maximum Size.

(a) The maximum size of a detached or attached ADU subject to this
subsection (e) is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with two or more bedrooms.

(b) An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the existing
primary dwelling.

(c) Application of other development standards in this subsection (e),
such as FAR or lot coverage, might further limit the size of the ADU, but
no application of the percent-based size limit in subsection (e)(1)(B) above
or of an FAR, front setback, lot coverage limit, or open-space requirement
may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection (e) may cause
the total FAR of the lot to exceed 50 percent, subject to subsection Error!
Reference source not found.

3. Setbacks.

(a) An ADU that is subject to this subsection (e) must conform to a 15-
foot front-yard setback, subject to subsection Error! Reference source
not found.

(b) An ADU that is subject to this subsection (e) must conform to 4-
foot side- and rear-yard setbacks.

(c) No setback is required for an ADU that is subject to this subsection
(e) if the ADU is constructed in the same location and to the same
dimensions as an existing structure.

4. Lot Coverage. No ADU subject to this subsection (e) may cause the total
lot coverage of the lot to exceed 50 percent, subject to subsection Error!
Reference source not found.

5. Minimum Open Space. No ADU subject to this subsection (e) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection Error! Reference source not found. 6. Passageway. No passageway, as defined by subsection (b)8) above, is required for an ADU.

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7. Parking.

   (a) Generally. One off-street parking space is required for each ADU.
   The parking space may be provided in setback areas or as tandem parking,
   as defined by section 5.19.020, paragraph (11).

   (b) Exceptions. No parking under subsection (e)7)(A) is required in the
   following situations:

   (i) The ADU is located within one-half mile walking distance of
   public transit, as defined in subsection (b)10) above.

   (ii) The ADU is located within an architecturally and historically
   significant historic district.

   (iii) The ADU is part of the proposed or existing primary
   residence or an accessory structure under subsection (c)1)(A)
   above.

   (iv) When on-street parking permits are required but not offered
   to the occupant of the ADU.

   (v) When there is an established car share vehicle stop located
   within one block of the ADU.

   (vi) When the permit application to create an ADU is submitted
   with an application to create a new single-family or new multifamily
   dwelling on the same lot, provided that the ADU or the lot satisfies
   any other criteria listed in subsections (e)7)(B)(i) through (v)
   above.

   (c) No Replacement. When a garage, carport, or covered parking
   structure is demolished in conjunction with the construction of an ADU or
   converted to an ADU, those off-street parking spaces are not required to
   be replaced.

   8. Architectural Requirements.

   (a) The materials and colors of the exterior walls, roof, and windows
   and doors must match the appearance and architectural design of those of
   the primary dwelling.

   (b) 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
   largest portion of the roof.

(c) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

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(d) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

(e) The interior horizontal dimensions of an ADU must be at least 10
feet wide in every direction, with a minimum interior wall height of seven
feet.

(f) 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.

(g) All windows and doors in an ADU are less than 30 feet from a
property line that is not a public right-of-way line must either be (for
windows) clerestory with the bottom of the glass at least six feet above the
finished floor, or (for windows and for doors) utilize frosted or obscure
glass.

9. Landscape Requirements. Evergreen landscape screening must be
planted and maintained between the ADU and adjacent parcels as follows:

(a) At least one 15-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one 24” box size plant
shall be provided for every ten linear feet of exterior wall.

(b) Plant specimens must be at least six feet tall when installed. As an
alternative, a solid fence of at least 6 feet in height may be installed.

(c) All landscaping must be drought-tolerant.

L. Fees. The following requirements apply to all ADUs that are approved under
subsections (c)1) or (c)2) above.

1. Impact Fees.

(a) No impact fee is required for an ADU that is less than 750 square
feet in size. For purposes of this subsection (f)1), “impact fee” means a
“fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under
the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include
any connection fee or capacity charge for water or sewer service.

(b) Any impact fee that is required for an ADU that is 750 square feet
or larger in size must be charged proportionately in relation to the square
footage of the primary dwelling unit. (E.g., the floor area of the ADU,
divided by the floor area of the primary dwelling, times the typical fee
amount charged for a new dwelling.)

2. Utility Fees.

(a) If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and payment of

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the normal connection fee and capacity charge for a new dwelling are required.

(b) Except as described in subsection (f)2)(A), converted ADUs on a
single-family lot that are created under subsection (c)1)(A) above are not
required to have a new or separate utility connection directly between the
ADU and the utility. Nor is a connection fee or capacity charge required.

(c) Except as described in subsection (f)2)(A), all ADUs that are not
covered by subsection (f)2)(B) require a new, separate utility connection
directly between the ADU and the utility.

(i) 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.

(ii) The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this service.

K. Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.

1. 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.

2. Unpermitted ADUs constructed before 2018.

(a) Permit to Legalize. As required by state law, the town may not
deny a permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of the
following grounds:

(i) The ADU violates applicable building standards, or

(ii) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (Chapter 5, Section 5.19).

(b) Exceptions:

(i) Notwithstanding subsection (g)2)(A) above, the town may
deny a permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if the town makes a finding
that correcting a violation is necessary to protect the health and
safety of the public or of occupants of the structure.

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(ii) Subsection (g)2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

L. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or
JADU that does not conform to the objective standards set forth in subsections (a) through
(g) of this section may be allowed by the town with a conditional use permit, in
accordance with Section 5.03.400 – Use Permit.

M. Notice of Construction.

At least ten business days before starting any construction of an ADU or JADU, the
property owner must give written notice to all the owners of record of each of the adjacent
residential parcels, which notice must include the following information:

1. Notice that construction has been authorized,

2. The anticipated start and end dates for construction,

3. The hours of construction,

4. Contact information for the project manager (for construction-related
complaints), and

5. Contact information for the Building & Safety Department.

6. This notice requirement does not confer a right on the noticed persons or
on anyone else to comment on the project before permits are issued. Approval is
ministerial. Under state law, the City has no discretion in approving or denying a
particular ADU project under this section. This notice requirement is purely to
promote neighborhood awareness and expectation.

The following requirements apply only to ADUs that require an ADU permit under subsection 5.19.040B, above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section
5.19.060 is 850 square feet for a studio or one-bedroom unit and 1,000 square
feet for a unit with two bedrooms. No more than two bedrooms are allowed.

2. An attached ADU that is created on a lot with an existing primary dwelling
is further limited to 50 percent of the floor area of the existing primary dwelling,
subject to subsection A.3 below.

3. Application of other development standards in this section 5.19.060, such
as FAR or lot coverage, might further limit the size of the ADU, but no application
of the percent-based size limitation in paragraph A.2 of this section, or of FAR, lot

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coverage, or open-space requirements may require the ADU to be less than 800 square feet.

B. Floor Area Ratio (FAR). No ADU subject to this section 5.19.060 may cause the
total FAR of the lot to exceed 45 percent, subject to paragraph A.3 of this section.

C. Lot Coverage. No ADU subject to this section 5.19.060 may cause the total lot
coverage of the lot to exceed 50 percent, subject to paragraph A.3 of this section.

D. Height. An ADU may not exceed 16 feet in height above grade, measured to the
peak of the structure, and one story.

E. Passageway. No passageway, as defined in section 5.19.020, is required for an
ADU.

F. Setbacks.

1. No part of any ADU subject to this section 5.19.060 may be located within
19 feet of the front property line.

2. No part of any ADU subject to this section 5.19.060 may be located within
15 feet of a street-facing property line.

3. No part of any ADU subject to this section 5.19.060 may be located within
four feet of a side or rear property line.

4. No setback is required for an ADU that is subject to this subsection F if the
ADU is constructed in the same location and to the same dimension as an existing
structure.

G. Parking.

1. Generally. One off-street parking space is required for each ADU. The
parking space may be provided in setback areas or as tandem parking, as defined
by section 5.19.020.

2. Exceptions. No parking under paragraph G.1 of this section 5.19.040 is
required in the following situations:

(a) The ADU is located within one-half mile walking distance of public
transit, as defined in section 5.19.020.

(b) The ADU is located within an architecturally and historically significant historic district.

(c) The ADU is part of the proposed or existing primary residence or
an accessory structure under paragraph A of section 5.19.060.

(d) When on-street parking permits are required but not offered to the
occupant of the ADU.

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(e) When there is an established car share vehicle stop located within one block of the ADU.

3. No Replacement. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU or converted to an
ADU, those off-street parking spaces are not required to be replaced.

H. Architectural Requirements.

The following architectural standards shall apply to ADUs that are approved under
paragraph B of section 5.19.040:

1. The materials and colors of the exterior walls, roof, and windows and doors
must match the appearance and architectural design of those 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 largest portion of
the roof.

3. The exterior lighting must be limited to down-lights unless otherwise
required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of
the primary dwelling. The ADU entrance must be located on the side or rear
building façade, not facing a public right-of-way.

5. The interior horizontal dimensions of an ADU 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 less than 30 feet from a property line that
is not a right-of-way line must either be (for windows) clerestory with the bottom
of the glass at least six feet above the finished floor, or (for windows and doors)
utilize frosted or obscure glass.

I. Landscape Requirements.

1. Within the 4-foot or greater side setback and for a minimum depth of at
   least 4 feet along a back fence, landscaping shall be maintained that includes
   groundcover with automatic irrigation that still allows for fire-access in the setback
   area. Paving of the entire rear yard setback area is prohibited.

   2. In addition to the maintenance of 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 or
   JADU from windows or outdoor living areas of adjoining properties.

Accessory Dwelling Units Colma Municipal Code (June 2020) Page 14 of 16

J. Historical Protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources:

1. Accessory dwelling units may only be located within an existing structure
or located with no direct line of sight to any portion of the ADU from a public right-
of-way.

2. The architectural treatment of an ADU to be constructed on a lot that has
an identified historical resource listed on the federal, state, or local register of
historic places must comply with the Secretary of the Interior’s objective Standards
for Preservation, Rehabilitation, Restoration, or Reconstruction the Treatment of
Historic Properties, as applicable.

Prior to issuance of a building permit for an ADU or JADU, a deed restriction mujst be recorded against the title of the property in the County Recorder’s office and a copy filed with the City Planner. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. The ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed
by this section.

3. The deed restriction runs with the land and may be enforced against future
property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as
evidenced by, for example, removal of the kitchen facilities. To remove the deed
restriction, an owner may make a written request of the Director, providing evidence that
the ADU or JADU has in fact been eliminated. The City Planner may then determine
whether the evidence supports the claim that the ADU or JADU has been eliminated.
Appeal may be taken from the Director’s determination consistent with other provisions
of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated
by virtue of having a necessary component of the ADU or JADU removed, the remaining
structure and improvements must otherwise comply with applicable provisions of this
Code.

5. The deed restriction is enforceable by the City Planner or his or her designee for
the benefit of the City. Failure of the property owner to comply with the deed restriction
may result in legal action against the property owner, and the City is authorized to obtain
any remedy available to it at law or equity, including, but not limited to, obtaining an
injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions
or abatement of the illegal unit.

Accessory Dwelling Units Colma Municipal Code (June 2020) Page 15 of 16

A. Impact Fees.

1. No impact fee is required for an ADU that is less than 750 square feet in
size.

2. Any impact fee that is required for an ADU that is 750 square feet or larger
in size must be charged proportionately in relation to the square footage of the
primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the
floor area of the ADU, times the typical fee amount charged for a new dwelling.)
“Impact fee” here includes fees that are subject to the Mitigation Fee Act and fees
under the Quimby Act; it does not include any connection fee or capacity charge
for water or sewer service.

B. Utility Fees.

1. If an ADU or JADU is constructed with a new single-family home, a separate
utility connection must be charged proportionately in relation to the square footage
of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided
by the floor area of the ADU, times the typical fee amount charged for a new
dwelling.) “Impact fee” here includes fees that are subject to the Mitigation Fee
Act and fees under the Quimby Act; it does not include any connection fee or
capacity charge for water or sewer service.

2. Except as described in subsection B.1 above, converted ADUs and JADUs
on a single-family lot that are created under section 5.19.040, paragraph A.1,
above are not required to have a new or separate utility connection directly
between the ADU or JADU and the utility. Nor is a connection fee or capacity
charge required.

3. All ADUs not covered by paragraphs B.1 or B.2 of this section require a
new, separate utility connection directly between the ADU and the utility. 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 fee or charge may not exceed the
reasonable cost of providing this service.

Any proposed ADU or JADU that does not conform to the objective standards set forth in the other sections of this chapter may be allowed by the City with a Conditional Use Permit, in accordance with section 5.030.400 through 5.030.430.

[History: Ord. 770, 3/22/17; Ord. 801, 6/10/20]

Accessory Dwelling Units Colma Municipal Code (June 2020) Page 16 of 16

CHAPTER FIVE: PLANNING, ZONING, USE, AND DEVELOPMENT OF LAND AND IMPROVEMENTS

Subchapter 5.20: Public Trees