Colma — Variances and Exceptions

Last reviewed: July 1, 2026

Overview

This page explains how the Town of Colma handles variances, exceptions, and adjustments/waivers under the Colma Zoning Code (Chapter 5.03). It is a plain‑English, Colma‑specific synthesis of who decides, what findings are required, typical relief available (and limits), and where applicants should expect discretionary public hearings. The analysis is grounded only in the Colma ordinance text retrieved from the Town code. Verify with the jurisdiction for parcel‑specific issues. Key Colma provisions discussed below include § 5.03.270–273, § 5.03.271, § 5.03.272, and § 5.03.212.

Note: this page stays within planning/zoning relief (variances, exceptions, adjustments/waivers) and does not cover construction code (Title 24) or tenant/housing law; see the Town’s ADU and building-code materials for those topics.

(First mentions of related topics are linked to Colma pages for quick navigation: see parking, development standards, design review, overlay districts, ADUs, the Colma Zoning overview, and the California Building Standards Code.)

How Colma organizes relief (quick map)

• Variance: discretionary relief from literal zoning rules where property‑specific circumstances create practical hardship; governed by § 5.03.270–273 (purpose, application, standards, effective date).
• Adjustment / Waiver: reductions or adjustments to certain requirements (notably fees or inclusionary requirements tied to development approvals); governed by § 5.03.212.
• Exceptions: the Code contains specific exception clauses in several subchapters (for example, limited tree‑removal exceptions in § 5.03.505 and planner‑authorized exceptions for certain fence/hedge limits via design review).

District‑by‑district breakdown (what the ordinance reveals)

Below are the Colma zoning districts and combining/design zones that are directly referenced in the provisions that control variances, exceptions, or ADU ministerial rules. Where the Code text retrieved supplies specific dimensional numbers or permitted‑use notes, those are shown and cited. Where the local code text needed for a full district standard is not present in the retrieved materials, the entry states that explicitly and tells you where to look next.

Note: district names and short codes are shown in bold as they appear in the Colma Code.

R (Residential) — base residential zone

• Purpose & where it applies: standard single‑family and residential parcels in Town; the Code refers to the “R” Zone as the basic residential classification. § 5.03.109 references the “R” zone as eligible for State‑exempt ADUs.
• Typical permitted uses: single‑family dwellings, accessory structures, accessory dwelling units (subject to ADU rules). Not all permitted uses lists were present in the retrieved snippets. Verify with the full Use Table in the Code. Not found in retrieved materials.
• Key dimensional standards (from retrieved materials): the ADU rules that apply in residential zones include permitted ADU sizes and setbacks (see ADU table below). Other baseline standards (front setback, lot coverage, FAR) are Not found in retrieved materials; see the Town’s development standards.

R‑S (Sterling Park Neighborhood Residential)

• Purpose & where it applies: a named residential neighborhood overlay — R‑S appears in the ADU section as an allowed ADU district. § 5.03.109 lists R‑S among zones where State‑exempt ADUs are allowed.
• Typical permitted uses: residential (single‑ and multi‑family context as defined by the Code). Full permitted‑use list Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials; check the Town’s development standards.

C (Commercial)

• Purpose & where it applies: commercial activity centers; referenced explicitly as one zone where ADUs are allowed under the State Exempt ADU rules in § 5.03.109.
• Typical permitted uses: commercial uses (retail, offices) — full list Not found in retrieved snippets.
• Key dimensional standards: Not found in retrieved materials.

DR (Design Review combining zone)

• Purpose & where it applies: the DR combining zone controls design standards and the Design Review process; the Code includes detailed design review findings and procedure. § 5.03.153 and the Design Review procedure are cited in the Code.
• Typical permitted uses: design review applies to development within the DR area; exceptions and specific application thresholds appear in § 5.03.153.
• Key dimensional standards: some DR subareas (DR(S)) have specific architectural controls; specific numeric development standards for DR are Not found in the retrieved excerpts. See design review.

G (Cemetery base zone)

• Purpose & where it applies: cemetery lands (the Town’s large cemetery grounds have a G base zone referenced in the Code, and the DR rules have special exceptions for cemetery grounds).
• Typical permitted uses: cemetery related uses; detailed list Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.

Overlays and other special districts

• The Code references a Housing Element Overlay Zone District and other overlays; variances/adjustments may interact with these overlays. See overlay districts and § 5.03.195 referenced in the parking context.
• Specific overlay rules and interplay with variance findings are Not found in the retrieved materials; verify with the overlay chapter.

Decision‑relevant standards (quick reference table)

How variances work in practice (plain steps)

1. Pre‑application: meet with the City Planner; collect site plans, photos showing the special circumstance, and comparative neighborhood examples. The application form is the Town Project Application. § 5.03.271.
2. Filing: submit the Project Application plus the required fee (fee amounts set in the Master Fee Schedule). § 5.03.271.
3. Completeness review: City Planner reviews completeness (10‑day clock for transmittal is directory). § 5.03.271.
4. Hearing & findings: the City Council holds a public hearing and must find that special circumstances exist and that the variance will not constitute special privileges; conditions may be imposed. § 5.03.272.
5. Decision timing: variance effective after 10 days unless reconsideration is filed; Council’s decision is final unless challenged in the statutory appeal process. § 5.03.273.

Checklist

• Completed Town of Colma Project Application form (per § 5.03.271).
• Site plan, elevations, and photos clearly showing the physical condition or design constraint claimed as a special circumstance. (Needed to meet § 5.03.272 standards.)
• Written statement tying the requested relief to the specific special circumstances (size, shape, topography, location, surroundings). § 5.03.272.
• Comparable examples of nearby properties in the same zone demonstrating privileges enjoyed by others. § 5.03.272.
• Fee payment (amount per Master Fee Schedule). § 5.03.271.
• For adjustment/waiver requests tied to fees/inclusionary obligations: written appeal filed with City Clerk at least 10 calendar days before first public hearing and technical evidence supporting absence of nexus. § 5.03.212.

Risks & Ambiguities

Information Gaps

• Full Use Tables and complete dimensional standards (front/rear/side setbacks, lot coverage, FAR) for R, R‑S, C, DR, G zones were not present in the retrieved materials. Verify with the Town’s zoning Use Table and Development Standards. Not found in retrieved materials.
• The code excerpts show fence/hedge exceptions exist, but the controlling section number for that specific fence exception language as a standalone exception clause was not shown with an explicit § header in the retrieved snippets. Verify with the Code’s fence/height subsection. Not found in retrieved materials.

Plain‑English Summary

Colma grants variances only when a property’s unusual physical condition makes strict zoning rules unfair; you apply on the Town Project Application, the City Council hears the matter, and the Council can impose conditions — municipal code § 5.03.271–273 describes the steps and standards. Fee/inclusionary adjustments are handled separately by appeal to Council under § 5.03.212. For ADUs, the Town follows State‑exempt ADU rules that limit local discretion — see § 5.03.109.

Source References

• § 5.03.270 – 273 (Variance purpose, application, standards, effective date). Colma Zoning Code.
• § 5.03.271 (Application for variance — Project Application, completeness). Colma Zoning Code.
• § 5.03.272 (Standards for granting a variance — special circumstances requirement). Colma Zoning Code.
• § 5.03.273 (Effective date of variance; reconsideration). Colma Zoning Code.
• § 5.03.212 (Adjustments, Waivers — fee/inclusionary reductions and appeal timing). Colma Zoning Code.
• § 5.03.109 (State‑Exempt ADUs — sizes, setbacks, heights, parking notes). Colma Zoning Code (ADU table).
• § 5.03.505 (Exceptions — tree removal emergency exceptions). Colma Zoning Code.
• Design Review (DR) rules and procedure (applicability and findings). Colma Zoning Code.

If you need the specific Use Table and numerical development standards (setbacks, lot coverage, FAR) for a particular parcel or zone, request the Town’s zoning Use Table and the Development Standards chart and I will extract and interpret the variance‑relevant parts for that parcel. See also the Town pages: Colma Zoning, Colma Development Standards, and Colma ADUs.

Retrieved passages

• Colma Zoning Code (Section 5.03.243.) High relevance show source text
• CBC § 66322 (section 66322) High relevance show source text
• Colma Zoning Code (section 1.02.120) High relevance show source text
• Colma Zoning Code (section 17920.3.) High relevance show source text
• Colma Zoning Code (Chapter may) High relevance show source text
• Colma Zoning Code (section and) High relevance show source text
• Colma Zoning Code (§ 5.605) High relevance show source text
• Colma Zoning Code (§ 5.336) High relevance show source text

Cited sections

• **§ 5.03.270 – 273 (Variance purpose, application, standards, effective date)**. Colma Zoning Code. (§ 5.03.270)
• **§ 5.03.271 (Application for variance — Project Application, completeness)**. Colma Zoning Code. (§ 5.03.271)
• **§ 5.03.272 (Standards for granting a variance — special circumstances requirement)**. Colma Zoning Code. (§ 5.03.272)
• **§ 5.03.273 (Effective date of variance; reconsideration)**. Colma Zoning Code. (§ 5.03.273)
• **§ 5.03.212 (Adjustments, Waivers — fee/inclusionary reductions and appeal timing)**. Colma Zoning Code. (§ 5.03.212)
• **§ 5.03.109 (State‑Exempt ADUs — sizes, setbacks, heights, parking notes)**. Colma Zoning Code (ADU table). (§ 5.03.109)
• **§ 5.03.505 (Exceptions — tree removal emergency exceptions)**. Colma Zoning Code. (§ 5.03.505)
• **Design Review (DR) rules and procedure** (applicability and findings). Colma Zoning Code.
• Colma_ZoningCode.md

• Official Colma code library