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Daly City City Zoning Code

CHAPTER 17

38 - LOT SIZE AND OPEN SPACE

17.38.010 - Building setback lines.

Building setback lines may be established along any existing or dedicated street or alley and shown on the zoning map by following the procedure for amendment to the ordinance codified in this title. Where a property adjoins a street or alley with an established building setback line, minimum yard requirements shall be measured from and shall be in addition to the building setback line. Unless otherwise noted, the building setback lines run parallel to the street right-of-way. For the purpose of this section, the following building setback lines are established:

A.

Sullivan Avenue, a ten-foot building setback line, on the east side of Sullivan Avenue from 87th Street to 92nd Street and on the west side of Sullivan Avenue from 92nd Street south to a point approximately seven hundred fifty feet south of the centerline of San Fernando Way.

1.

Any building in existence at the time the setback line is established shall not be displaced or disrupted by the building setback line. Such a line is intended to insure that any future development and/or remodeling shall be consistent with the building setback line, except that any remodeling which is less than fifty percent of the value of the total structure and which is a replacement of an existing portion of the structure is exempt from the building setback line.

2.

Such building setback line is not intended to diminish the value of any existing property outside the building setback line, nor to prevent the highest and best use, consistent with the ordinances of city and the law of the state, as to the existing property outside the building setback line.

(Ord. 1028 § 1, 1985: Ord. 635 § 20.4, 1965)

17.38.020 - Usable open space.

A.

The purpose of this chapter is to provide adequate usable open space for any lot which is subject to the R-3 district requirements.

B.

Usable open space shall be provided on the basis of one hundred and fifty square feet for each dwelling unit.

C.

Usable open space shall have a finished-grade not in excess of ten percent.

D.

Rooftops, decks and balconies when designed for the outdoor use of the tenant shall be safely constructed, suitably surfaced and structurally supported to carry applicable loads. A rooftop, deck or balcony, to meet the requirement of this chapter, shall be at least five feet in its least dimension. Such architectural features need not be adjacent or accessible to all dwelling units to meet the usable open space requirement.

E.

In no case, shall the total lot coverage of the building be greater than the R-3 district requirement.

(Ord. 635 § 20.5, 1965)

17.38.030 - Dwelling units to face an open area.

In each dwelling unit where subject to the R-3 or R-4 district requirements, the required windows of at least one room (minimum area of at least one hundred square feet) shall directly face on at least one of the following types of open area:

A.

Public street or alley at least twenty-five feet in width, a side yard at least twenty-five feet in width or a required rear yard;

B.

An inner court, space between buildings or other similar open area providing such open area shall have at least twenty-five feet in every horizontal dimension;

C.

Where a required window faces an outer court which is less than twenty-five feet in every dimension, the depth of the court shall not be greater than its width.

(Ord. 635 § 20.6, 1965)

17.38.040 - Lot area minimum.

The minimum lot area shall be three thousand square feet with a minimum frontage of thirty-three feet for all lots or subdivisions recorded subsequent to January 11, 1949. For lots or subdivisions recorded prior to January 11, 1949, the minimum lot area shall be two thousand five hundred square feet with a minimum frontage of twenty-five feet. Where a recorded lot existed prior to January 11, 1949, which exceeds the minimum lot area of two thousand five hundred square feet and the minimum frontage of twenty-five feet, it may be resubdivided so as to establish a greater number of lots each having a lesser area, but which must provide a minimum lot area of two thousand five hundred square feet and a minimum frontage of twenty-five feet. Any lot of record existing as a separate parcel thirty days before the effective date of the ordinance codified in this chapter which has lesser dimensions and area than required by this chapter may be occupied by a dwelling if all other requirements of this chapter are met.

(Ord. 635 § 20.7, 1965)

17.38.050 - Annexed land lot area minimum.

For all lots or subdivisions recorded prior to January 11, 1949 and which are annexed to the city during the period from January 1, 1972 to September 15, 1972, the minimum lot area required shall be three thousand square feet, with a minimum frontage of thirty-three feet.

(Ord. 740 § 1B, 1972: Ord. 635 § 20.7.1)

17.38.060 - Lot area per dwelling unit.

The minimum lot area per dwelling unit shall be three thousand square feet in the R-1 district and one thousand five hundred square feet in the R-2 district when the lot was recorded subsequent to January 11, 1949, as provided in Section 17.38.040. Lot area per dwelling unit shall be two thousand five hundred square feet in the R-1 district and one thousand two hundred fifty square feet in the R-2 district when the lot was recorded prior to January 11, 1949, as provided in Section 17.38.040.

(Ord. 635 § 20.8, 1965)

17.38.070 - Maximum lot coverage.

The maximum lot coverage shall be the gross area beneath the vertical projection of all area of the principal and accessory structures. The maximum lot coverage for the R-1 district shall be fifty percent for all lots recorded subsequent to January 11, 1949. For lots recorded prior to January 11, 1949, and the resubdivision of such lots as provided in Section 17.38.040, the maximum coverage shall be fifty-five percent.

(Ord. 635 § 20.9, 1965)

17.38.080 - Lot coverage exceptions.

In determining the percentage of lot coverage, the following features shall be exempt from such coverage requirements and may project into the required open space:

A.

Architectural features such as cornices, eaves or similar projections which do not increase the bulk of the building may project not more than five feet into the required open space;

B.

Fire escapes and balconies may project not more than five feet into the required open space;

C.

An uncovered stair or landing place may project not more than six feet into the required open space;

D.

Uncovered decks, where necessitated by terrain, may project into the required open space not more than twenty-five percent of the total dwelling unit length;

E.

Other portions of the structure which are cantilevered may project not more than four feet into the required open space; however, cantilevered sections shall not exceed the required lot coverage by more than five percent of the total lot area. Cantilevered sections shall be at least six feet six inches above grade or ground level;

F.

An inner or outer court, space between buildings or other similar open space, which does not otherwise meet the required open space, may be considered as required open space provided such area meets all the following:

1.

The open space is unobstructed to the sky, except for lot coverage projections as may be permitted by this title,

2.

Such open and unobstructed area shall extend from the floor level of the lowest habitable story in the building,

3.

The minimum dimension of the open space must be at least twenty-five feet in every horizontal dimension, exclusive of permitted projections,

4.

In no case shall the total required open space be reduced by more than fifty percent by any provision of this section.

(Ord. 635 § 20.10, 1965)

17.38.090 - Front, side and rear yard exceptions.

A.

An uncovered stair or landing place may project not more than six feet into a required front yard.

B.

Architectural features such as cornices, eaves or similar projections may project not more than five feet into a required front, side or rear yard.

C.

Fire escapes, balconies and decks may project not more than five feet into a required front, side or rear yard.

D.

Other portions of the structure which are cantilevered may project not more than four feet into a required front, side or rear yard.

E.

The front yard requirement in blocks with partial development shall be subject to the following requirements; in determining the average front yard, the maximum building setback considered shall be no greater than fifteen feet even though the actual setback of such building may be a greater distance:

1.

Where adjacent property is improved, the minimum required front yard shall be the average of the adjoining principal buildings, but not greater than fifteen feet;

2.

Where adjacent property is unimproved or improved on one side only and where four or more lots in the block have been improved with buildings, but not including accessory buildings, the minimum required front yard shall be the average front yard of all the improved lots in the block, but not greater than fifteen feet.

(Ord. 635 § 20.11, 1965)