The removal or importation of minerals, earth, rock, sand and other natural materials in excess of five hundred cubic yards may be permitted, providing a use permit shall be obtained. The following activities shall be permitted without a use permit:

A.

Excavation for a foundation, basement, swimming pool or other structure when plans are approved by the building department;

B.

Excavation of property in preparation for a permitted use except where a bank is left standing with a grade steeper than one and one-half feet of horizontal distance for every foot of vertical distance, an engineering report shall be submitted if required by the city engineer;

C.

Excavation in any subdivision when such is done according to approved subdivision plans, except where a bank is left standing with a grade steeper than one and one-half to one, an engineering report shall be submitted if required by the city engineer.

(Ord. 635 § 20.1, 1965)

A.

No fence shall hereinafter be constructed that exceeds six feet in height on any parcel where the sole use of the parcel is residential, unless required by law or condition of approval. No fence shall hereinafter be constructed that exceeds eight feet in height on any parcel that contains a non-residential use, including mixed-use buildings. Fencing up to ten feet in height on such parcels may be allowed subject to administrative design review and shall incorporate a decorative material such as tubular metal, vinyl cladding, or similar material. Irrespective of the parcel use, no fence shall exceed three feet in height in any required front yard or within thirty-five feet of the street corner on any corner lot in any residential zone.

B.

The allowed fence height specified in subsection (A) above shall be measured from the ground level at property line of the highest abutting property immediately adjacent to either side of the fence. The height measurement of fences constructed on sloping parcels shall be at the shortest fence post along any fence panel not exceeding eight feet in length.

C.

This section shall not apply to trellises, which shall instead be regulated as accessory structures.

(Ord. 635 § 20.2, 1965)

(Ord. No. 1412, § 8, 2-13-2017)

No area used as a park, recreation area, school site or other public or community service use shall be privately used until:

A.

The public use is abandoned; and

B.

The property is appropriately zoned in accordance with the provisions of this title.

(Ord. 635 § 20.3, 1965)

A.

Equipment penthouses or other roof structures, such as a skylight or stairways shaft cover, but not including roof signs, may be built in excess of the height limit, but shall not exceed nine feet in height above the height otherwise allowed.

B.

In an R-3 district, roofs and similar architectural features may be built in excess of the height limit, but not to exceed four feet in height above the height otherwise allowed. In no case shall the ceiling of any habitable area exceed the height requirement of the district.

C.

Radio transmission towers, chimneys, water tanks, gas storage holders, church steeples and similar structures may be permitted in excess of any height limit provided a use permit is first obtained in each case.

(Ord. 635 § 20.12, 1965)

A.

Purpose and Intent. The city council does hereby find and declare:

1.

Cities and counties must divert fifty percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities;

2.

Diverting fifty percent of all solid waste requires the participation of the residential, commercial, industrial and public sectors; and

3.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities.

B.

Definitions. For the purpose of this section certain terms are defined as follows:

1.

"Development project" means any of the following:

a.

A project for which a building permit is required for a commercial, industrial or institutional building, or residential building having four or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving four or more living units;

b.

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste; and

c.

The definition of development project only includes subdivisions or tracts of single-family detached homes if within such subdivisions or tracts there is an area where solid waste is collected and loaded in a location which serves four more living units. In such instances, recycling areas as specified in this section are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

2.

"Improvement" means an addition to the value of a facility, the prolonging of its useful life, or adaptation of it to new uses. Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

3.

"Public facility" means buildings, structures, and outdoor recreation areas and other similar structures and facilities owned by a local agency.

4.

"Recycling area (areas for recycling)" means space allocated for collecting and loading of recyclable materials and other solid waste collection. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.

C.

General Requirements.

1.

Any new development project for which an application for a building permit is submitted on or after September 1, 1993, shall include adequate, accessible and convenient areas for collecting and loading recyclable materials;

2.

Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials;

3.

Any existing development project for which an application for a building permit is submitted on or after September 1, 1993 for a single alteration which is subsequently performed that adds twenty percent of square footage or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials;

4.

Any project for which an application for a building permit is submitted on or after September 1, 1993, for modifications such that the price of modification exceeds fifty percent of the then current assessed value of the subject parcel shall include adequate, accessible and convenient areas for collecting and loading recyclable materials;

5.

Any existing development project for which an application for a building permit is submitted on or after September 1, 1993 for multiple alterations which are conducted within a twelve-month period which collectively add twenty percent of square footage or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials;

6.

Any existing development project for which multiple applications for building permits are submitted within a twelve-month period beginning on or after September 1, 1993 for multiple alterations which are subsequently performed that collectively add twenty percent square footage or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials;

7.

Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1993, an application for a building permit for a single alteration which is subsequently performed that adds twenty percent of square footage more to the existing floor areas of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases;

8.

Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1993, an application for a building permit for multiple alterations which are conducted within a twelve-month period which collectively add twenty percent square footage or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases;

9.

Any existing development project occupied by multiple tenants, one of which submits within a twelve-month period beginning on or after September 1, 1993 multiple applications for building permits for multiple alterations which are subsequently performed that collectively add twenty percent square footage or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases; and

10.

Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

D.

Guidelines for All Development Projects.

1.

Where local standards exist, recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards;

2.

The design and construction of recycling areas shall be compatible with surrounding land uses, shall comply with the plan developed for the collection of recyclable in that area and shall meet approved design standards;

3.

The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein;

4.

The design, construction and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety;

5.

Recycling bins shall be placed next to waste collection bins except as otherwise approved;

6.

Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel;

7.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas; and

8.

Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

E.

Additional Guidelines for Single-Tenant Development Projects.

1.

Areas for recycling shall be adequate in capacity, number and distribution to serve the development project;

2.

Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project;

3.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling areas of development projects, suitable for efficient collection, and approved by the city; and

4.

Residential developers and property owners are encouraged to include recycling areas or systems within the residence. Recommended internal storage space for individual living units of residential development projects is three cubic feet.

F.

Additional Guidelines for Multiple-Tenant Development Projects.

1.

Recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to subsection (C) of this section;

2.

Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to subsection (C) of this section; and

3.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area pursuant to subsection (C) of this section should be located within the recycling area.

G.

Location.

1.

Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state or local laws relating to fire, access, building, transportation, circulation or safety; and

2.

Any and all recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

(Ord. 1185 § 1, 1993)

A.

No lot, parcel, property, building or structure shall be used for a massage parlor, tanning salon or similar use at a location closer than five hundred feet from the nearest property line of the following uses, whether situated within or outside the city:

1.

Any school (elementary, junior high, high, but not including trade business or similar schools), whether public or private;

2.

Any nursery school or child care center;

3.

Any church, synagogue, temple or other place of worship;

4.

Any publicly-owned community center, teen center, community or neighborhood park or tot lot;

5.

Another massage parlor, tanning salon or similar use.

B.

These locational standards are intended to be in addition to and not in lieu of other regulations of the Municipal Code applicable to massage parlors, tanning salons or similar uses. Unless specifically provided, these standards shall not be deemed to repeal or amend any other provisions of the code which are applicable to massage parlors, tanning salons and similar uses, nor be deemed to excuse noncompliance with any such provisions.

(Ord. 1247 § 3, 1997)

Smoke shops and tobacco store businesses, or similar uses, shall be separated by at least one thousand minimum distance, as measured directly from the property line to property line, from any parcel on which an existing smoke shop or tobacco store business is located.

(Ord. No. 1457, § 3, 4-25-2022)

Payday lending establishments, or similar uses, shall be separated by at least two thousand feet, as measured directly from the property line to property line, from any parcel on which an existing payday lending establishment is located.

(Ord. No. 1382, § 6, 8-11-2014)

Accessory structures, including trellises, gazebos, and pergolas, shall be permitted on any parcel with a residential use in conformance with the following regulations:

1.

No structure, in combination with other accessory structures, shall occupy more than one hundred twenty square feet of floor area;

2.

No structure shall be located closer than six feet to any dwelling unit on the same property or three feet to any dwelling unit on an adjacent property;

3.

No structure shall be greater than ten feet in total height;

4.

No structure, other than a trellis, shall be constructed on the front or side yards of the residential use;

5.

No structure shall be plumbed with water or sewage fixtures;

6.

No structure shall be used as a dwelling or accessory dwelling unit, the latter which shall instead be regulated by Section 17.40.100; and

7.

Electrical work within the structure shall be limited to one 110-volt wall receptacle and overhead lighting, subject to the property owner obtaining an electrical permit.

Structures conforming to the above shall be allowed without setbacks, shall not be subject to any lot coverage regulation, and shall not be subject to design review. Any structure otherwise conforming to the above, but exceeding one hundred twenty square feet, shall conform to the lot coverage and setback limitations imposed by the respective zone in which it is situated shall not be greater than fifteen feet at its highest point, and shall be subject to administrative design review. The planner shall have discretion in allowing electrical work beyond the maximum amount specified for structures less than one hundred twenty square feet. Trellises, defined as a framework of light wooden or metal bars that is chiefly used to support fruit trees or climbing plants, may be constructed in the front half of the lot up to ten feet in height and combined twenty feet in length.

(Ord. No. 1412, § 9, 2-13-2017)

Downstairs room construction is permissible in single dwelling units and duplexes in compliance with the following regulations:

A.

No such construction shall displace or negatively impact any required parking space and all parking spaces shall continue to meet dimension requirement provided in Section 17.34.030—Off-street parking design standards.

B.

Internal integration between all habitable rooms in a dwelling unit shall be required. Internal integration shall be defined as construction which allows pedestrian movement between all habitable rooms without the need to travel through non-habitable rooms, exterior breezeways, or outside the home. In dwellings with three floors, integration must be provided at different locations between the first and second floors, and between second and third floors, unless the staircase rail is open between floors to an adjacent area equal to the floor area occupied by the staircase. There shall be no requirement for integration of one half bathroom, or one or more non-habitable rooms (e.g., storage rooms) collectively not exceeding seventy-five square feet, at the garage level. Pedestrian connections between non-habitable rooms, hallways, and any room other than the garage shall be prohibited.

C.

Unless associated with an approved accessory dwelling unit, pedestrian entrances other than the primary entrance to the home or to the garage shall be provided at the rear elevation only. Where there is an existing pedestrian entrance to any habitable room from the dwelling exterior and construction increasing habitable floor area is proposed on the same floor, the existing pedestrian entrance shall be moved to the rear elevation, unless the construction proposed is part of an accessory dwelling unit. Proposals not involving the construction of full baths or a wet bar shall be exempt from the requirements of this subsection.

D.

Pedestrian entrances leading to garage areas shall be allowed on either side of the home or on either side of the garage door exterior for homes with no side yard. All such entrances, including those installed in homes with no side yard, shall be installed perpendicular to the adjacent street.

E.

Garage doors modified to allow for secondary pedestrian entrances shall not be allowed. Existing garage doors that have been modified to allow for secondary pedestrian entrances shall be replaced by an unmodified garage upon the issuance of any building permit for work exceeding fifty thousand dollars valuation.

F.

All new homes and home proposed for interior modification shall provide a kitchen not less than fifty square feet in area and a living room, family room, or dining room not less than one hundred square feet in area located on the same floor as the kitchen. Patio covers, roof decks, and balconies shall not be counted toward meeting this requirement.

G.

One wet bar improvement shall be allowed in each home consisting of any or all of the following permanent elements:

1.

A single-basin sink not larger than fifteen inches interior dimension;

2.

An under-counter refrigerator which is no greater than five cubic feet in size and utilizes a standard 110-volt electrical outlet;

3.

Countertop area which does not exceed five feet in length; and/or

4.

Base and wall cabinets which do not exceed countertop length.

Wet bars shall be unrestricted as to size and appliance limitations, subject to accessory dwelling unit permit approval. Wet bars shall not be permitted on any floor in any home with an approved accessory dwelling unit.

(Ord. No. 1412, § 10, 2-13-2017)

A.

An accessory dwelling unit that conforms to this section shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

B.

Any proposed accessory dwelling unit, or any existing accessory dwelling unit proposed for legalization, shall meet or exceed the following development standards:

1.

There shall be no more than one accessory dwelling unit per parcel;

2.

The principal and accessory dwelling unit shall meet all development standards for the residential zoning district in which it is located;

3.

Occupancy of one of the two units shall be the owner(s) of record. The applicant for an accessory dwelling unit shall provide evidence of occupancy in the form of a government issued photo identification card that includes the address of the property where the accessory dwelling unit is proposed and the current owner of record. Prior to permit issuance for an accessory dwelling unit, the applicant shall record a deed restriction for the property as prescribed in Section 17.40.110 below. Any rental agreement for the main or accessory dwelling unit shall provide a disclosure to the renter of the requirement of owner occupancy of the subject property;

4.

The accessory dwelling unit shall meet the standards of the building, fire, and other applicable health and safety codes;

5.

The floor area of an attached accessory dwelling unit shall not exceed fifty percent of the size of the primary dwelling unit, with a maximum increase in floor area of one thousand two hundred square feet. The total area of floor area for a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

6.

Accessory dwelling units shall provide one parking space per unit or per bedroom (studio units shall provide one parking space). These spaces may be provided as tandem parking on an existing driveway in the front setback. No parking spaces shall be required for an accessory dwelling unit in any of the following instances:

a.

The accessory dwelling unit is located within one-half mile of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e.

When there is a car share vehicle located within one block of the accessory dwelling unit.

Parking spaces shall comply with the parking space dimension regulations provided in Section 17.34.020(H).

7.

Only one exterior pedestrian entrance (not including slide glass door) shall be provided for each accessory dwelling unit. The entrance shall be provided at the dwelling unit's rear elevation or at the side elevation providing the main entrance to the dwelling, unless such a requirement would result in trespass onto adjacent property. A paved walkway shall be provided leading from the sidewalk or driveway to the pedestrian entrance.

(Ord. 1217 § 1, 1995; Ord. 1159 § 2, 1992: Ord. 1128 § 1, 1990: Ord. 1000 §§ 1, 2, 1983; Ord. 991 § 4, 1983)

(Ord. No. 1412, § 11, 2-13-2017)

Prior to final building inspection, the applicant for an accessory dwelling unit shall file a certificate of registration for the property which indicates that the property owner shall live in either the main or accessory dwelling unit.

A.

The certificate of registration shall contain the following:

1.

The name and address of the current owner or owners;

2.

The address of the property for which an accessory dwelling unit is proposed to be permitted;

3.

A photocopy of the deed for the property as recorded with the county recorder, county of San Mateo;

4.

A scale drawing showing the lot dimensions, the location of the building, building setbacks, and proposed additions to the building and all vehicular parking spaces;

5.

Floor plans of the principal and accessory dwelling units drawn to the scale showing all existing and proposed improvements;

6.

Consent of the owner to the physical inspection of the premises prior to the issuance of any building permit or certificate of registration;

7.

Signature of the owner(s) under penalty of perjury;

8.

A nonrefundable filing fee, to be established by resolution of the city council;

9.

Any other information or data deemed necessary by the city planner to determine compliance of the proposed accessory dwelling unit with the terms of this section.

B.

Application for a certificate of registration shall be made when applying for a building permit. Issuance of a certificate of registration will take place upon final building inspection and the issuance of a certificate of occupancy. The city planner shall also certify, date and cause to be recorded the certificate of registration at the time of issuance.

C.

The following shall appear on the certificate of registration:

This certificate of registration has been issued in accordance with the provisions of Section 17.40.100 of the Daly City Municipal Code (Zoning Ordinance) and is subject to certain restrictions and conditions so long as an accessory dwelling unit exists on the premises; these include, but are not necessarily limited to the following:

1.

That the accessory dwelling is allowed only so long as one of the two dwelling units is occupied by the owner(s) of record;

2.

That all off-street parking spaces, as identified in plans submitted in application for this Certificate of Registration shall be maintained in usable condition. Said spaces shall not be used for storage of materials, inoperable vehicles or equipment, if such storage necessitates the parking of the property owner's or tenant's vehicles outside the specified parking area.

3.

That no improvement or modification of the building shall be made without issuance of a building permit by the City of Daly City.

The City Council of the City of Daly City has the right to terminate the continued use of the accessory dwelling unit if, after a Public Hearing on the matter, it determines that a violation of any zoning, building, fire or other health and safety code of the city exists; the council may cause to be recorded with the County Recorder of San Mateo a revocation of this certificate of registration.

The use of said property contrary to these special restrictions shall constitute a violation of the Daly City Zoning Ordinance and shall constitute a misdemeanor and upon conviction thereof the person violating the ordinance shall be subject to all remedies under Section 1.12.010 of the Daly City Municipal Code, including a fine of not more than five hundred dollars, or imprisonment in the county jail for a term not exceeding six months, or both. A separate offense shall have been committed for each and every day during which a violation persists. In addition, the city may take any and all civil action necessary to abate said use.

The certificate of registration shall be signed and acknowledged by the owner(s) of record.

4.

The certificate of registration may be conveyed with title to the property, however, this in no way relieves any property owner or successor from compliance with all the terms of the ordinance and all other applicable regulations.

5.

Failure to comply with the requirements of this or any other section of the zoning ordinance will comprise a violation that, in addition to penalties cited in Section 1.12.010 of the Municipal Code, can result in the revocation of the certificate of registration by the city council after public hearing on the matter.

(Ord. 1159 § 3, 1992; Ord. 1128 § 2, 1990; Ord. 991 § 5, 1983)

(Ord. No. 1412, § 12, 2-13-2017)

Editor's note— Ord. No. 1412, § 13, adopted Feb. 13, 2017, repealed § 17.40.120, which pertained to certification of registration and derived from Ord. No. 1159, § 4, 1992; Ord. No. 991, § 6, 1993.

Denial of any building permit application or certificate of registration may be appealed by the applicant to the city council. All appeals must be made in writing to the city clerk within thirty days after the date of the denial. The city council shall elect a time and place for hearing the appeal and give due notice thereof to the affected person(s) and shall render a written decision. The decision of the council shall be final.

(Ord. 1159 § 5, 1992: Ord. 991 § 7, 1983)

Editor's note— Ord. No. 1412, § 14, adopted Feb. 13, 2017, repealed § 17.40.140, which pertained to requirement for conceptual approval from Daly City Redevelopment Agency and derived from Ord. No. 1216, § 1, 1995; Ord. No. 1204, § 2, 1994; Ord. No. 1342, §§ 3, 4, 12-8-2008.