In an effort to combat rising housing costs California passed major legislation allowing any house zoned for single-family to build a second rentable unit, known as an accessory dwelling unit. This has opened up massive opportunities for California homeowners allowing them maximize their property values. If you’re interested in building an accessory dwelling unit, you’ve come to the right place!
Contact info@usmodularinc.com or 888-987-6638 for more information!
TOWN OF COLMA PLANNING DEPARTMENT
1190 EI Camino Real, Colma, CA 94014
Phone: 650-757-8888
Fax: 650-757-8890
June 27, 2017
Department of Housing and Community Development
Division of Housing and Policy Development
P.O. Box 952053
Sacramento, CA 94252-2053
Dear Sir or Madam:
On March 22, 2017 the Colma City Council adopted revised Accessory Dwelling Unit ordinance in compliance with Senate Bill 1069 and Assembly Bill 2299. As required by this legislation, we are transmitting a copy of this ordinance to your office. Attached please find a copy of the ordinance adopted by the Town of Colma.
Please feel free to contact me if you have any questions.
Michael P. Laughlin, AICP City Planner
ORDINANCE NO. 770
OF THE CITY COUNCIL OF THE TOWN OF COLMA,
AN ORDINANCE AMENDING VARIOUS PROVISIONS IN CHAPTER 5 AND ADDING SUBCHAPTER 5.19 TO THE COLMA MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNIT REGULATIONS AND FINDING THE ORDINANCE TO BE STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17
The City Council of the Town of Calma does ordain as follows:
ARTICLE 1. CMC SECTION 5.03.270 REPEALED.
Section 5.03.270 shall be and hereby is repealed as follows:
5.03.270 Second D\>velling Units. Second Dwelling units shall be permitted in any residential zone except the R S zoner subject to the follo\>’v’ing.
(a) Standards. A second dwelling unit permit will be issued only if the unit complies with the following standards:
(1) Size: A Second Dwelling Unit may not be smaller than 150 square fee nor larger than 300 square feet and may not contain more than one (1) bedroom.
(2) Setbacks from property Jines shall be provided in conformance with Section 5.03.250(a).
(3) A minimum of one off street parking space is required in addition to the parking requirement in section 5.03.250 (b), and may be located in the front setback area and in tandem with other required off street spaces.
(‘1) ~~aximum building height shall be a specified in Section 5.03.250 (c)~
(5) Design shall be consistent with the standards set forth in Section 5.03.250 (e)/ except that the minimum width shall be tvvelve feet.
(6) A front door entrance shall be provided separate and distinct from the primary dwelling unit. (7) A separate utility meter shall be provided.
(8) The primary residence or the second dwelling unit must be occupied by the owner of record of the property;
(9) A permanent foundation shall be required for all Second Dwelling Units. (10) There shall be only one second dVo’c1lingunit on any individual property.
(b) Permitting Procedures for Second DVq’ellingUnits. Any application for a second dwelling unit permit shall be submitted to the Planning Department for verification that the proposal meets
the standards set forth in Section 5.03.250 (a). Upon finding that the standards are met, the proposal shall be approved ministerially \vithout discretionary revievv’ OF public hearing and the applicant may proceed to acquire a Building Permit.
(c) Deed Restrictions Applicable to Second Dwelling Units. Neither a Building Permit nor a Certificate of Occupancy may be issued for a second dwelling unit unless and until the property owner has filed with the County Recorder an Agreement of Restriction, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property ‘Ilvasacquired by the ovmer and stating the follo’v’v’ing:
(1) The second dwelling unit shan not be sold separately from. any part of the property on ‘Nhich it is located;
(2) The second d’.\’eiling unit is restricted to the standards specified in Colma ~~unicipal
Code Section 5.03.270;
(3) The second d’Neliing unit shall be considered legal only so long as either the primary residence or the second dwelling unit is occupied by the ovmer of record of the property;
(4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.
[History: formerly § 5.331.2; ORO. 600, 6/25/03; ORO. 638, 12/14/05]
ARTICLE 2. CMC SECTION 5.01.080 AMENDED.
Certain definitions in Section 5.01.080 shall be and are hereby amended as follows, with all other definitions remaining:
Accessory Building means a portion of building or a detached subordinate building located on the same lot, the use of which is customarily incidental to that of the main building or to the use of the land. A building or structure shall be considered part of the principal dwelling if a substantial part of the wall of a building is a part of the main building, or if the building or structure is attached to the main building in a substantial manner by a roof! or if there is a common wall with a doorway between the building and the principal dwelling. Examples of accessory buildings and structures that are customarily incidental to a residence include! but are not limited to: a detached garage! tool shed, storage shed, carport! qreenhouse, gazebo, detached patio cover, and similar buildings; second dwelling accessory dwelling units are not accessory buildings per Subchapter 5.19.
Dwelling unit means a building or portion thereof designed for occupancy by persons living as one household. [See: second d..~..’elling accessory dwelling unit in Subchapter 5.19, single-family dwelling unit, multiple family dwelling unit.]
Second dwelfirrg unltmeans a dwelling unit which provides complete independent living facilities on the same parcel as a legal single family dwelling including, but not limited to, the permanent provisions for sleeping, eating, cooldng and sanitation.
[History: formerly § 5.110, ORO. 234, 3/14/79; ORO. 298, 6/13/84; ORO. 319, 5/8/85; ORO.
425, 7/10/91;ORO. 480, 5/10/95; ORO. 506, 3/12/97; ORO. 563, 10/18/99; ORO. 600,6/25/03; ORO. 617, 6/16/04; ORO. 628, 5/11/05; ORO. 638, 12/14/0,5; ORO. 646, 7/12/06, ORO. 662.,
9/12/07; ORO. 687, 1/13/10; ORO. 706, 3/14/12; ORO. 713, 10/10/12; ORO. 724, 6/12/13;
ORO. 728, 10/9/13; ORO. 7541 1/13/16; ORO. 7701 03/22/17] [References: Health & Safety Code § 113758]
ARTICLE 3. CMC SECTION 5.03.060 AMENDED.
Section 5.03.060(b)(1) shall be and is hereby amended as follows:
(b) The following uses may be permitted by the City Council on land located in the “Gil Zone upon issuance of a use permit in accordance with the procedures hereinafter set forth:
(1) Any use which now or hereafter may be customartlvlncident to a cemetery or memorial park use, including flower shops, monument shops, crematoriums, caretaker units, accessory dwelling units to caretaker units existing prior to May 31, 2017 as permitted in Subchapter 5.19, and cemetery corporation yards;
[History: formerly § 5.312; ORO. 234, 3/14/79; ORO. 325, 11/13/85; ORO. 480, 5/10/95; ORO.
5201 12/10/97; ORO. 638, 12/14/05; ORO. 728, 10/9/13; ORO. 770, 03/22/17]
ARTICLE 4. CMC SECTION 5.03.070 AMENDED.
Section 5.03.070(a)(4) shall be and is hereby amended as follows:
(a) The following uses are permitted on land located within the “R” Zone: (4) Second Accessory dwelling units as permitted in Subchapter 5.19;
[History: formerly § 5.313, ORO. 234, 3/14/79; ORO. 3461 3/11/87; ORO. 442, 10/14/92; ORO.
4251 7/10/91; ORO. 600 6/11/03; ORO.617, 6/16/04; ORO. 6381 12/14/05; ORO. 685,1/13/10; ORO. 706, 3/14/12; ORO. 724, 6/12/13; ORO. 728, 10/9/13; ; ORO. 770, 03/22/17]
[Authorities: Gov’t Code §§ 51035, 65850, 65589.5]
ARTICLE 5. CMC SECTION 5.03.080 AMENDED.
Section 5.03.080(a), subsections (6), (7), and (8) shall be and are hereby amended as follows, with all other subsections remaining unchanged:
(a) The following uses are permitted on land located within the “R-S” Zone: (6) Transitional housing; aM
(7) An accessory dwelling unit within the existing single family residential structure as permitted
in Subchapter 5.19: and
.em. A Home Office or Cottage Food operation, provided that a Zoning Clearance has been issued in accordance with sections 5.03.234 or 5,03.235, and remains in effect for the property.
[History: formerly § 5.313.1, ORO. 536, 7/8/98, ORO. 617, 6/16/04; ORO. 638, 12/14/05; ORO,
| 685, 1/13/10; | ORO. 706, 3/14/12; | ORO. 724, 6/12/13; | ORO. | 728( 10/9/13; | ORO. 770, |
| 03/22/17] | . |
[Authorities: Gov’t Code §§ 51035, 65850, 65589.5]
ARTICLE 6. CMC SECTION 5.03.090 AMENDED.
Section 5.03.090(a) shall be and is hereby amended as follows: (a) The following uses is are permitted in the “C” Zone:
illAn emergency shelter: and
(2) An accessory dwelling pursuant to Section 5.19, which shall be limited to only existing single-family residential structures existing as of May 2017 and only where permitted by the General Plan.
[History: formerly § 5.314; ORO. 234, 3/14/79; ORO. 309, 2/13/85; ORO. 425, 7/10/91; Ord.
506, 3/12/97; ORO. 638, 12/14/05; ORO. 720, 5/8/13; ORO. 728, 10/9/13; ORO. 737, 1/14/15; ORO. 758, 2/24/16; ORO. 770, 03/22/17]
ARTICLE 7. CMC SUBCHAPTER 5.19 ADDED.
Subchapter 5.19 is hereby is added as follows:
CHAPTER FIVE: PLANNING, ZONING, USE, AND DEVELOPMENT OF LAND AND IMPROVEMENTS
Subchapter 5.19: Accessory Dwelling Units
5.19.010 Findings;
The City Council of the Town of Colma hereby finds that:
- The Town of Colma California (the “Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California.
- The Planning and Zoning Law authorizes cities to provide by ordinance for the creation of accessorydwelling units.
- To address California’s shortage of housing supply, the California Legislature approved, and the Governor signed into law. Assembly Bill 2299 (Bloom. Chapter 735. Stats.
2016) and Senate Bill 1069 (Wieckowski. Chapter 720, Stats. 2016).
- Assembly Bill 2299 and Senate Bill 1069 are double jointing bills, which among other things, amend California Government Code Section 65852.2. These statutes impose new limitations on local authority to regulate second units, which are now referred to as “accessory dwelling units” [‘ADU”). .
- Assembly Bill 2299 became effective on January 1, 2017 and will render all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complieswith Government Code Section 65852.2.
- The Town desires to amend the local regulatory scheme for accessory dwelling units that fully complies with Assembly Bill 2299.
5.19.020 Purpose.
The purpose of this chapter is to provide reasonable regulations for the development of accessory dwelling units in certain areas and on lots developed or proposed to be developed with single-family residential dwellings. Such accessory dwelling units contribute needed housing to the community’s housing stock and promote housing opportunities for the persons wishing to reside in the Town of Colma. In addition, the regulations in this ordinance are intended to promote the goals and poliCies of the City’s General Plan and comply with requirements codified in the state Planning and Zoning Law related to accessorydwelling units in residential areas, including California GovernmentCode section 65852.2.
5.19.030 Definitions.
“Accessory dwelling unit” means a residential dwelling unit that is detached from, attached to, or located within the living area of an existing primary dwelling unit. and
.that provides independent living facilities for one or more persons. An accessory dwelling unit also includes an efficiency unit. as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in section 18007.
“Living area” is defined as the interior habitable area of a dwelling unit. including basements and attics, but not including a garage or any accessorystructure.
5.19.040 Effect of Conforming Accessory Dwelling Unit
An accessorydwelling unit that conforms to this chapter shall:
- Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
- Be deemed a residential use that is consistent with the General Plan and the zoning designations for the lot;
- Not be considered in the application of any ordinance, policy, or program to limit residential growth: and
- Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
5.19.050 Locations Permitted.
- Accessory dwelling units may be permitted in the “RII zone and on lots containing existing single-family residences in the “Gil and “CII zones and subject to the standards in Section 5.19.070.
- Accessorydwelling units that meet the requirements of Section 5.19.070 (6) may be located in the “Rtf and “R-S” zones.
5.19.060 Permit Procedures.
- Permits.
- Except as provided in subparagraph (2), approved applications for an accessory dwelling unit will result in an accessory dwelling unit permit. The applicant shall also obtain a building’ permit as required by the building code and record a deed restriction as provided in Section
5.19.080.
- Exception. Accessory dWelling units that meet the requirements of Section 5.19.070(8) shall obtain a building permit as required by the building code and record a deed restriction as provided in Section
5.19.080.
- Application Processing.
- Applications for an accessory dwelling unit permit must be submitted to the City Planner on a form and with information and materials, as adopted by the City Planner.
- The City Planner may collect a fee for processing the· application, provided such fee is approved by resolution of the City Council.
- Review.
- The City Planner will review and approve complete applications for an accessory dwelling unit permit that comply with the requirements of Sections 5.19.070 (Standards) and 5.19.080 (Deed Restrictions). The accessorydwelling unit permit application shall be considered ministerially without any discretionary review or a hearing.
- The City Planner will approve or disapprove of an application for an accessory dwelling unit permit within 120 days after receiving the complete application.
- Except as otherwise provided in this chapter, the construction of an accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7 r Division 1. Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
5.19.070 Standards.
- Except as provided in subparagraph (B), accessorydwelling units must meet the following standards:
- Development on the Lot.
(a) A single-family dwelling must exist on the lot or be constructed in conjunction with the accessory dwelling unit.
(b) The accessorydwelling unit must be:
(i) Detached from the existing primary dwelling, but located on the same lot as the existing dwelling;
(ii) Attached to the existing dwelling; or
(iii) Located within the living area of the existing dwelling. (c) Only one accessorYdwelling unit shall be allowed per lot.
(d) The accessory dwelling unit is not intended for sale separate from the primary residence.
- Occupancy.
(a) The property owner must occupy either the primary dwelling or accessory dwelling unit.
(b) The accessory dwelling unit may be rented, but shall only be rented for terms longer than 30 days.
- Building and Construction.
(a) An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.
(b) An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers.
(c) An accessorydwelling unit must receive the approval by either the North San Mateo County Sanitation District or South San Francisco Sewer where a private sewage disposal system is being used.
(d) An accessory dwelling unit shall meet the requirements of the building code, as adopted and amended by Chapter 5, Subchapter
. 4 of the Municipal Code, that apply to detached dwellings, as
appropriate.
(e) A separate utility connection shall be installed directly between the accessorydwelling unit and the utility. The connection shall be subject to a connection fee or capacity charge, or both, proportionate to the burden of the proposed unit, based on either its size or the number of its plumbing fixtures, upon the water or sewer system.
(f) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. “Passageway” is defined as a pathway that is unobstructed clear to the sky and extends from to street to one entrance of the accessory dwelling unit.
- Parking.
(a) Except as provided in subparagraph (b):
(i) Accessory dwelling units must meet the following parking standards:
(I) For accessory dwelling units with no separate bedrooms, one off-street parking space shall be provided per unit.
(II) For accessory dwelling units with at least one separate bedroom, one off-street parking space shall be provided per bedroom.
(ii) If parking is required:
(I) The required parking spaces may be located on setback areas approved by the City Planner or tandem parking on an existing driveway, unless specific findings are made under subparagraph (II).
(II) Parking arrangements in subparagraph (I) may be prohibited if the City Planner makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or Ilfe safety conditions, or
that such arrangements are not permitted anywhere in the jurisdiction.
(III) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on the same lot as the accessory dWelling unit. including, ‘but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts .
-.(b) Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:
(i) The accessory dwelling unit is located within one-half mile of public transit.
(ii) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(iv) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(v) When there is a car share vehicle located within one block of the accessory dwelling unit.
- Height.
The accessolY dwelling unit must meet the height standards of the applicable zoning district.
6.· Setbacks.
(a) Except as provided in subparagraphs (b) and (c), an accessory dwelling unit must meet the setback standards of the applicable zoning district.
(b) No setback shall be required for a legally established existing garage that is converted to an accessory dwelling unit.
(c) A minimum setback of five (5) feet shall be required from the side’ and rear lot lines for an accessory dwelling unit constructed above a legally established existing garage.
- Unit Size.
- (a) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 800 square feet.
(b) The total area of floor space for a detached accessory’ dwelling unit shall not exceed 800 square feet.
(c) The accessory dwelling unit shall contain no less than the 150 square feet area minimum required for an efficiency· dwelling unit as defined in Section 17958.1 of the Health & Safety Code.
- Landscape.
The accessory dwelling unit must meet the landscaping standards of the applicable zoning district. If new landscaping is installed, it should be the Water Efficient Landscape Ordinance standards in Chapter 5, Subchapter
11 of the Colma Municipal Code.
- Architecture Review.
The design of the accessory dwelling unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
- Impacts to Historic Places.
To prevent adverse impacts to any real property that is listed in or eligible for the California Register of Historic Places, accessory dwelling units should only be located within the footprint of the existing structure or be
a separate detached accessory structure with minimal or no visibility from a public street.
- An accessory dwelling unit is exempt from the requirements of subparagraph (A)
if the unit meets all the reqUirements of subparagraph (B)(l):
- The accessory dwelling unit:
(a) Is one accessory dwelling unit per single-family lot located within a single-family residential zone;
(b) Is contained within the existing living area space of a single-family residence or accessory structure;
(c) Has independent exterior access from the existing residence; and
(d) The side and rear setbacks are sufficient for fire safety.
- If the requirements of subparagraph (6)(1) are met, then the applicant:
(a) Is required to install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers;
(b) Is not required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or to be charged a related connection fee or capacity charge.
(c) Shall record a deed restriction as provided in Section 5.19.080 and obtain a building permit as required by the building code as adopted and amended by Chapter 5, Subchapter 4 of the. Municipal Code.
(d) Shall provide replacement off-street parking spaces to serve the primary residence if the proposed accessory dwelling unit would result in the conversion of an eXisting garage. carport or other covered parking structure. However, the applicant is not required to provide off-street parking to serve the accessory dwelling unit. The replacement parking spaces may be located in any configuration on the lot and may be provided as covered spaces. uncovered spaces or tandem spaces or ‘by the use of mechanical automobile parking lifts.
5.19.080 Deed Restriction.
- Prior to issuance of a building permit for an accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Department. Said deed restriction shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:
- The accessory dwelling unit shall not be sold separately from the primary residence.
- The unit is restricted to the approved size and attributes of this chapter.
- The deed restrictions run with the land and may be enforced against future purchasers.
- The deed restrictions may be removed if the owner eliminates the accessory dwelling unit as evidenced by the. removal of the kitchen facilities and all utility connections and line extensions to support the unit.
- The deed restrictions shall be enforced by the City Planner or his or her designee for the benefit of the Town of Colma. Failure of the groperty owner to comply with the deed restrictions may result in legal action against the progerty owner and the Town shall be authorized to obtain any remedy available to it at law or eqUity. including but not limited to
obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
ARTICLE 8. SEVERABILITY.
Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of-the remaining portions of this Ordinance.
ARTICLE 9. NOT A CEQA PROJECT.
The City Council of the Town of Colma finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone to implement the provlsions of Government Code Section 65852.2.
ARTICLE 10. EFFECTIVE DATE.
This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
ARTICLE 11. FILING.
The City Clerk shall submit a copy of this ordinance to the Department of Housing and
Community Development within 60 days after adoption.
