Chapter 17.23 — OS OPEN SPACE DISTRICT

The OS district is to provide for the preservation, conservation and use of open space lands which form a part of the open space system of the city. It is the further purpose of the OS district to limit the use of such lands to appropriate open space uses and related uses so long as the lands shall remain in the OS district and, in the event of an application for the reclassification of any such lands to other than open space zoning, to insure sufficient time prior to reclassification to enable the city or other responsible agency to negotiate for the purchase or other acceptable arrangement to continue the land in open space use. This section is not intended as authorizing the city to adopt or reclassify open space lands in any manner which will take or damage private property for public use without the payment of just compensation therefor.

(Ord. 954 § 2 (part), 1981)

All lands designated as open space in the open space element of the Daly City general plan may be included in the OS district. Such lands may include but are not limited to the following:

A.

Public parks, beaches, playgrounds and school grounds, improved bicycle and/or pedestrian trails, and visitor centers;

B.

Private school grounds and church grounds of a predominantly open character;

C.

Golf courses, country clubs and other commercial recreation facilities;

D.

Privately and jointly owned open spaces reserved for open space use as part of a planned development;

E.

Land which, because of steep slope, geotechnical hazard or similar reason, are unsuitable for development;

F.

Any other publicly or privately owned open space which in the opinion of the Daly City planning commission, functions as a part of the open space system of the city and is included in the open space element of the Daly City general plan.

(Ord. 1006 § 1, 1983; Ord. 954 § 2 (part), 1981)

17.23.030 - Permitted principal uses.

Following are the principal uses permitted in the OS district:

A.

Active and passive recreation, including any structures incidental to such use existing at the time of inclusion in the OS district;

B.

Educational and cultural uses, including any structures incidental to such uses existing at the time of inclusion in the OS district;

C.

Agriculture and horticulture, including any structures incidental to such uses existing at the time of inclusion in the OS district;

D.

Open space as a reserve for fire protection, seismic or other geotechnical safety, water conservation, protection of view or similar appropriate purpose.

(Ord. 954 § 2 (part), 1981)

Following are the accessory uses permitted in the OS district:

A.

Uses and buildings normally incidental and accessory to a principal use;

B.

Parking lots and driveways necessary to service permitted principal uses.

(Ord. 954 § 2 (part), 1981)

17.23.050 - Conditional uses.

Following are the uses which may be permitted in an OS district subject to the approval of a use permit:

A.

Any addition to an existing structure which will increase the coverage of the structure, or any new structure, except minor recreational or horticultural structures such as playground equipment, trellises and fences;

B.

Any commercial use which may be conducted on open space land without substantially detracting from its value as open space and which are visitor-oriented.

(Ord. 1006 § 2, 1983; Ord. 954 § 2 (part), 1981)

The procedure for the reclassification of land set forth in Chapter 17.48 shall apply to property in the OS district subject to the following modification:

A.

Following a public hearing the planning commission shall determine whether it is in the public interests of the city to retain the subject property in an open space zone as against permitting its reclassification. The decision on this question shall be made by resolution, and decision of the planning commission shall be transmitted to the city council, together with a report setting forth reasons for the decision.

B.

Following receipt of the recommendation of the planning commission, the city council shall hold a public hearing. Following such hearing, the city council may decide by resolution to:

Seek means to retain the property in question in open space use; or,

2.

Permit a reclassification of the subject property.

C.

Should the city council's decision be the first alternative, all further proceedings for the reclassification of the property shall be halted for a minimum period of ninety days from the date of city council action, during which time the city council shall actively seek to negotiate arrangements, which may include purchase or other acceptable means, to retain the property in open space use.

If, at the end of such period, no satisfactory arrangement has been concluded, the matter shall be remanded to the planning commission for consideration of the reclassification applied for. The planning commission shall thereafter proceed in accordance with the provisions of Section 17.48.

D.

Should the city council's decision be the second alterative as listed in Section 17.23.060B(2) above, the matter shall thereupon forthwith be returned to the planning commission which shall consider the reclassification applied for in accordance with the provisions of Chapter 17.48.

(Ord. 954 § 2 (part), 1981)

In addition to information for a use permit required by Chapter 17.44, each application shall include the following:

A.

Additional site plan details, including but not limited to the following:

1.

Existing topography and any proposed changes due to grading or filling operations,

2.

Existing trees and other major vegetation and the proposed landscaping and irrigation plans,

3.

Location and dimensions of all roads, driveways, parking and pedestrian and bicycle paths, and

4.

Existing and proposed drainage pattern on the site and surrounding area;

B.

Geotechnical report, prepared and signed by a licensed geologist, including but not limited to the following:

1.

Site topography,

2.

Soils and geologic composition,

3.

Past and possible future landslide and/or erosion conditions, both natural and artificially induced,

4.

Ground and surface water conditions,

5.

Stability of the site, potential impact of the proposed project, and any mitigation measures or potential alternatives necessary to insure structural integrity of the site and structures for the economic life of the project, and

6.

Certification that the development will have no adverse effect on the site or adjacent areas, will not endanger life or property, and will not require protective structures at any time during the economic life of the project;

C.

Environmental evaluation pursuant to CEQA.

(Ord. 1006 § 3, 1983)

Prior to issuing a permit for development in the coastal zone, the following procedures shall be followed:

A.

A public hearing shall be held by the planning commission;

B.

Notice of the public hearing shall be given as required by law and to all persons as required by law and, in addition, notice shall be given to all persons who have filed request for notice, and to the coastal commission;

C.

The planning commission shall make a recommendation concerning the application for development to the city council for final determination;

D.

In connection with an appeal under Chapters 17.23, 17.25 and 17.27 of this code, the same shall be made to the State Coastal Commission pursuant to the Public Resources Code, Section 30603(A), (B) and (C), and shall be as set forth in Article 17 of the Coastal Commission Regulations.

(Ord. 1006 § 4, 1983)

Chapter 17.24 - CEM DISTRICT

Land in a cemetery zone district shall be used only for the following specified purposes:

A.

Creation, operation and maintenance of a cemetery and for cemetery purposes, including columbaria, crematories, chapels, mausoleums, garden crypts, indoor and outdoor sarcophagi, and administrative buildings;

B.

In addition to and when used in conjunction with uses specified in subsection (A) of this section, such cemetery land may be used for dwellings for persons employed on the premises, storage and vault fabrication facilities, tool sheds, maintenance and garage buildings and other buildings and uses requisite to, necessary for, or incident to the establishment, maintenance, operation, improvement or conduct of the cemetery and the care, preservation and embellishment of cemetery property, including, but not limited to, any activity designed for the benefit, service, convenience, education or spiritual uplift of owners of property within the cemetery and/or other persons visiting the cemetery, provided a valid use permit has been applied for and granted pursuant to Chapter 17.44 of this code and for such time as the permit remains in full force and effect;

C.

Agricultural purposes including crops, groves, greenhouses, cut flowers or nursery stock and structures incident to such agricultural use provided such use shall terminate or cease upon land specifically under cemetery use or improvement for same. Further, such use as permitted in this chapter shall be maintained in such manner as to in no way interfere with, disturb or harm any adjacent or nearby cemetery use.

(Ord. 635 § 14B-1, 1965)

Property used for cemetery purposes shall be developed and maintained in accord with the following standards:

A.

Every cemetery shall be an endowment perpetual care, lodge, or church cemetery licensed and operated in full accord with the laws of California;

B.

Property shall be developed in accordance with the memorial-park type of cemetery with appropriate landscaping, including lawns, shrubs, trees and other embellishments appropriate to the memorial type of facility and may include forms of architecture, sculpture and art when used in conjunction with the memorial plan;

C.

No tombstones shall be permitted; memorialization shall be by memorial tablets flush with the ground or not to exceed twenty-four inches in height. Statuary and other memorials which are acceptable in artistic form and in accord with the memorial plan may also be permitted if submitted to the city planner and found to be in accord with the intent of this subsection;

D.

All interior driveways shall have a minimum twenty-five foot width, paved and developed with a curb or rolled protective edge;

E.

Drainage and sewage disposal systems shall be installed in accordance with the requirements of the city engineer and of the North San Mateo County Sanitation District, or any successor thereto;

F.

Each cemetery shall be fenced or enclosed with walls or other appropriate fences six feet in height. When property line of cemetery is adjacent to residentially developed property, such wall shall be a masonry or suitable alternate and sight-obscuring, except that where topography or other exceptionable circumstances warrant, as determined by the planning commission, this condition may be modified or altered. Cemetery boundaries not adjacent to a residentially zoned and residentially developed property may be fenced with appropriate landscaping and shrubbery to provide a sight-obscuring boundary. Entryways to every cemetery shall be clearly defined by architecturally treated entry gates and gate structures and an artistic or architecturally treated wall shall extend in either direction from such entry for a distance of not less than fifty feet; These fence requirements shall not apply to interior boundaries of cemeteries where the adjacent property not in use for cemetery is in common ownership with the cemetery and is free of an independent residential use or where adjacent property is in cemetery use and common agreement upon suitable boundary delineation has been reached;

G.

Signs shall be limited to identification and name signs only. There shall be no advertising or promotional type of signs.

(Ord. 709 § 6; Ord. 635 § 14B-2, 1965)

Chapter 17.25 - OSR OPEN SPACE RESIDENTIAL DISTRICT

The OSR district is to provide for very low density residential use as an alternative for privately owned lands designated on the Daly City general plan map as open space.

(Ord. 954 § 3 (part), 1981)

Following are the principal uses permitted in the OSR district:

A.

Active and passive recreation including any structures incidental to such use existing at the time of inclusion in the OSR district;

B.

Educational and cultural uses including any structures incidental to such uses existing at the time of inclusion in the OSR district;

C.

Agriculture and horticulture including any structures incidental to such uses existing at the time of inclusion in the OSR district;

D.

Open space as a reserve for fire protection, seismic or other geotechnical safety, water conservation, protection of view or similar appropriate purpose.

(Ord. 954 § 3 (part), 1981)

17.25.030 - Permitted accessory uses.

Following are the accessory uses permitted in the OSR district:

A.

Uses and buildings normally incidental and accessory to a principal use;

B.

Parking lots and driveways necessary to service permitted principal uses.

(Ord. 954 § 3 (part), 1981)

Following are the uses which may be permitted in an OSR district subject to the approval of a use permit:

A.

Any addition to an existing structure which will increase the coverage of the structure, or any new structure, except minor recreational or horticultural structures such as playground equipment, trellises and fences;

B.

Any commercial use which may be conducted on open space land without substantially detracting from its value as open space;

C.

Residential uses at a density not to exceed two units per gross acre of land area. The density, arrangement, location, height and yard requirements shall be as specified in the use permit.

(Ord. 954 § 3 (part), 1981)

In addition to information for a use permit required by Chapter 17.44, each application shall include the following:

A.

Additional site plan details, including but not limited to the following:

1.

Existing topography and any proposed changes due to grading or filling operations,

2.

Existing trees and other major vegetation and the proposed landscaping and irrigation plans,

3.

Location and dimensions of all roads, driveways, parking and pedestrian and bicycle paths, and

4.

Existing and proposed drainage pattern on the site and surrounding area;

B.

Geotechnical report, prepared and signed by a licensed geologist, including but not limited to the following:

Site topography,

2.

Soils and geologic composition,

3.

Past and possible future landslide and/or erosion conditions, both natural and artificially induced,

4.

Ground and surface water conditions,

5.

Stability of the site, potential impact of the proposed project, and any mitigation measures or potential alternatives necessary to insure structural integrity of the site and structures for the economic life of the project, and

6.

Certification that the development will have no adverse effect on the site or adjacent areas, will not endanger life or property, and will not require protective structures at any time during the economic life of the project;

C.

Environmental evaluation pursuant to CEQA.

(Ord. 1006 § 5, 1983)

17.25.060 - Hearing and notice requirements.

Prior to issuing a permit for development in the coastal zone, the following procedures shall be followed:

A.

A public hearing shall be held by the planning commission.

B.

Notice of the public hearing shall be given as required by law and to all persons as required by law and, in addition, notice shall be given to all persons who have filed request for notice, and to the coastal commission.

C.

The planning commission shall make a recommendation concerning the application for development to the city council for final determination.

D.

In connection with any appeal under Chapters 17.23, 17.25. and 17.27, the same shall be made to the State Coastal Commission pursuant to the Public Resources Code, Section 30603(A), (B) and (C), and shall be as set forth in Article 17 of the Coastal Commission Regulations.

(Ord. 1006 § 6, 1983)

Chapter 17.26 - S-1 DESIGN REVIEW COMBINING DISTRICT

This district is intended to create, preserve and enhance areas of unusual civic significance requiring special design treatment and consideration of aesthetic and functional relationships to surrounding development.

(Ord. 668 § 4 (part); Ord. 635 § 14A.1, 1965)

This district, if applied, shall be combined with any other district. The regulations of the S-1 district shall be supplementary to the regulations applying in the district with which it is combined.

(Ord. 668 § 4 (part); Ord. 635 § 14A.1, 1965)

No building, structure, sign or other facility shall be constructed, altered or painted a new color in this district until plans for such work shall have been approved pursuant to the procedure contained in Section 17.26.050.

(Ord. 668 § 4 (part); Ord. 635 § 14A.3, 1965)

In considering an application for design review the following criteria shall be applied:

A.

That the proposed development shall serve to achieve a group of buildings or other facilities which will be well related one to another and which, taken together, will result in a well-composed urban design, with consideration given to site, height, arrangement, texture, material, color and appurtenances, the relation of these factors to other buildings and facilities in the immediate area, and the relation of the development to the total setting as seen from key points in the surrounding area. Only elements which have some significant relationship to outside appearance shall be considered;

B.

That the proposed development shall be of a quality and character which harmonizes with, and serves to protect the value of, private and public investments in the area.

(Ord. 668 § 4 (part); Ord. 635 § 14A.4, 1965)

A.

Application for design review shall be made upon a form to be provided by, and shall be submitted to, the city planning division, and shall be accompanied by such information as may be required to allow applicable design review criteria to be applied to the development. This information shall include site and building plans, drawings and elevations, landscaping plans, exterior material and color samples, and operational data, as necessary. The application for design review shall be accompanied by a fee as fixed by resolution of the city council.

B.

Preliminary plans: An application which does not include detailed information and plans on ultimate development, but which is sufficiently detailed and complete to permit a decision to be made under this procedure, shall be accepted as a preliminary application.

C.

When approval is granted upon the basis of a preliminary application, a final application shall be submitted to the city planner prior to application for a building permit or business license, for determination that the final application coincides in all essential respects with the approved preliminary application. If the city planner finds that it does not so coincide, he shall require such modification in the final application as will cause it to so coincide. When he considers the final application to coincide with the approved preliminary application, the city planner shall so certify to the building inspector or the finance director, as the case may be.

D.

The city planner shall determine if the proposed design conforms to all the criteria set forth in this chapter. When deemed necessary or advisable by the city planner, he may refer any application to the city planning commission for hearing and action in accordance with the provisions in this chapter.

E.

Any application not referred to the city planning commission pursuant to subsection (D) of this section, and which has been approved by the city planner, shall be submitted to the city council within three days of such approval. The city council shall act on said application within twenty-one days of its receipt by the city council.

1.

The approval of the city planner shall become a final decision pursuant to the provisions of subsection (F) of this section, if the city council fails to act within the twenty-one days, subject to the provisions of

subsection (E)(3) of this section.

2.

The council may disapprove said application in whole or in part, and the determination of the city council shall be the decision of the city planner pursuant to subsection (F) of this section.

3.

The city council, by four-fifths vote of its members, may extend the twenty-one day period set forth in this section, for an additional period of time up to fourteen days, but only one such extension shall be allowed.

F.

The decision of the city planner shall become final and effective seven days after date of mailing notice of decision to the applicant or any other party who has filed a written request for notice with the city planner.

(Ord. 1146 § 27, 1991; Ord. 668 § 4 (part); Ord. 635 § 14A.5, 1965)

A.

Any applicant or party who has filed a request for notice with the city planner shall have the right to appeal the decision of the city planner to the planning commission in writing prior to said decision becoming effective and final.

B.

The commission shall hold a public hearing on any such appeal. Notice of such public hearing shall be given in the manner as provided for by Section 65.854 of the Government Code of the State of California.

C.

In considering such an appeal, the commission, using the design review criteria set forth in the section, may approve or disapprove the proposed design, or require such changes as are in its judgment necessary to carry out the general purposes of this title. The determination of the commission shall become effective seven days after the date of mailing of decision unless appealed to the city council in accordance with the procedure set forth in Section 17.26.070.

(Ord. 668 § 4 (part); Ord. 635 § 14A.6, 1965)

Within seven days following the date of mailing the decision by the planning commission under Section 17.26.060, an appeal may be taken to the city council by the applicant or any other interested party. An appeal shall be made in writing and shall be filed with the city clerk. Upon receipt of such appeal, the city council, at its next regularly scheduled meeting, following receipt of such appeal, shall set the matter for hearing pursuant to Section 65.856 of the Government Code of the State of California. The city council may

affirm, reverse, or modify the decision of the planning commission and may impose such conditions as the facts warrant. The decision of the council shall be final.

(Ord. 668 § 4 (part); Ord. 635 § 14A.7. 1965)