Chapter 17.27 — RP RESOURCE PROTECTION COMBINING DISTRICT

The -RP combining district is to provide development regulations for designated open space areas and for a buffer zone surrounding designated open space areas to ensure that the character and intensity of allowable development is compatible with, and does not create or contribute to adverse impacts on sensitive resources or geotechnically hazardous areas. These regulations are in addition and supplemental to the regulations of the underlying zone or zones, and where the regulations of the -RP zone and the underlying zone are inconsistent, the regulations of the -RP zone shall prevail. Furthermore, all development shall be in accordance with the policies contained in the Daly City general plan and, if applicable, the Daly City coastal program.

(Ord. 954 § 4 (part), 1981)

All lands designated as open space or adjacent to lands designated as open space in the open space element of the Daly City general plan may be included in the -RP district.

(Ord. 954 § 4 (part), 1981)

Following are the conditional uses which may be permitted in an -RP district, subject to the approval of a use permit:

A.

New structures, including buildings, fences, walls and swimming pools, specified as a permitted principal use, a permitted accessory use or a conditional use in the underlying zone;

B.

Additions to existing conforming structures which will result in an increase of ten percent or more in the internal floor area, the construction of an additional story, or cause further encroachment towards the edge of a bluff or other sensitive physical feature.

(Ord. 954 § 4 (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. 954 § 4 (part), 1981)

Following are regulations governing all construction within an -RP district:

A.

As specified for the underlying zone or zones;

B.

Conditions specified as part of the use permit approval;

C.

If the development is on a blufftop:

1.

No building or structure shall be placed closer than fifty feet from the edge of the bluff, the setback line to be determined by the city engineer;

2.

No grading or filling operations shall be permitted except for required drainage or erosion control and, if required, the same shall meet the standards and requirements of the state and city in connection with grading and filling operations;

3.

All structures hereafter constructed shall provide a permanent vista corridor with an unobstructed width of at least five feet or fifteen percent of the lot width of each lot, whichever is greater. If more than a single lot is included in a development, the vista corridors shall be combined into a single location;

D.

No development shall be allowed on a bluff or other such surface with a slope of thirty degrees or greater and a vertical relief of ten feet or more, except an approved stairway, ramp or developed trail;

E.

If the development is a shoreline accessway, the standards adopted by the city in its local coastal plan, or as amended, shall be applicable to an accessway.

(Ord. 1006 § 7, 1983; Ord. 954 § 4 (part), 1981)

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 § 8, 1983; Ord. 954 § 4 (part), 1981)

Chapter 17.28 - P-D PLANNED DEVELOPMENT DISTRICT

This district is designed to accommodate various types of development such as neighborhood and district shopping centers, professional and administrative areas, single-family and multiple-family residential development, commercial service centers and industrial parks or any other use or combination of uses which can appropriately be made a part of a planned development.

(Ord. 635 § 15.1, 1965)

17.28.020 - General provisions.

A.

Uses in a planned development district shall be permitted according to the general category of uses submitted with the precise plan. A use proposed which is not similar in character to an identified use by general category may be permitted in a planned development district upon first securing a use permit.

B.

No planned development district shall include less than one contiguous acre except in the redevelopment plan area where no minimum site area is required.

C.

No ordinance establishing a planned development district shall be adopted until the written consent of every property owner within the proposed district is on file with the city.

D.

Should a subdivision be proposed for the planned development district or unit thereof, the development shall comply with the regulations of Title 16 in addition to the requirements in this chapter.

E.

Standards for public improvements shall conform to the appropriate city ordinance or standard.

F.

Exceptions to city ordinances may be permitted when it can be shown that such exceptions are designed and necessary to maintain the unity or livability of the planned development. Exceptions shall be submitted with the precise plan.

G.

Signs for residential development shall be subject to the single-family residential district requirements. Signs for uses other than residential shall be subject to the light commercial district requirements.

H.

Height, bulk, setback, yard, parking and loading spaces and other requirements as may affect the land and improvements thereon shall be established for each planned development district by the precise plan.

I.

Development standards based upon the precise plan for an established development district constitute the zoning restrictions for the property. Amendments to the precise plan and development standards are permitted subject to the following:

1.

Changes that require a revision to a numerical limit specified in a planned development standard are considered substantial changes and shall be made in accordance with the procedure for amendment established in Chapter 17.48;

2.

Changes that reflect minor differences between the precise planned construction plans, including modifications in the location of off-street parking, changes in the phasing of development, the distribution of private open space, the design of private street systems, and building design (if an architectural review committee has not been established), may be approved by the city planner, if in the opinion of the planner, the change is not substantial;

3.

Changes that involve major modifications in the precise plan but do not entail numerical changes in the planned development standards, shall only be approved subsequent to council review and acceptance;

4.

Changes in land use are permitted pursuant to subsection (A) of this section.

(Ord. 1154 § 1, 1992; Ord. 1082 § 1, 1988; Ord. 635 § 15.2, 1965)

17.28.030 - Procedure for application.

Procedure to establish a planned development district involves three separate but interrelated steps. Each step requires progressively more detailed information. However, should a developer so desire, the first step or sketch plan may be omitted.

A.

Sketch plan.

1.

The applicant shall submit to the planning commission copies of the sketch plan, as required by the city planner, for consideration in principle prior to the design (if an architectural review committee has not been established), may be approved by the city planner, if in the opinion of the planner, the change is not substantial; submission of the preliminary plan. Consideration in principle shall be limited to the general acceptability of the land uses proposed, their interrelationship and the general vehicular circulation pattern. Consideration shall not be construed to endorse precise location of uses or traffic ways.

2.

The sketch plan shall include the following information; maps shall be at least eighteen by twenty-four inches in size and drawn to a scale of not less than one inch equals two hundred feet unless otherwise approved by the planning commission and shall be clearly and legibly drawn. Maps shall further show the names and addresses of the developer and person or firm who prepared the map, date, north point, scale and boundary line of the proposed development:

a.

General indication of areas proposed for residential, commercial, industrial or other primary land uses;

b.

General vehicular circulation pattern such as freeways, expressways, arterials and collectors;

c.

Relation of the proposed land use or uses to the surrounding area and to the general plan for the city where applicable.

B.

Preliminary Plan.

1.

The applicant shall submit to the planning commission copies of the preliminary plan, as required by the city planner, for preliminary consideration of the proposed development. The planning commission shall, on conclusion of their examination of the preliminary plan, submit a recommendation to the city council for approval, conditional approval or denial of the proposed plan.

2.

The preliminary plan shall include the following maps and supporting information; maps shall follow the form required for the sketch plan:

a.

Land use plan map:

i.

Proposed vehicular circulation pattern indicating both public and private streets,

ii.

Proposed land uses by general type,

iii.

School sites proposed by type,

iv.

Park or other open space proposed;

b.

Survey of property map showing existing structures, streets, easements, utilities and property boundary of proposed planned development;

c.

Topography and grading plan when either is deemed necessary by the city engineer;

d.

Sufficient information to indicate economic justification for the proposed commercial locations if property is not within a previously established commercial district;

e.

Total acreage of the proposed development and the percentage of land allocation to the proposed land uses by general type.

C.

Precise Plan.

1.

The applicant shall submit to the planning commission copies of the precise plan, as required by the city planner, which shall be in conformance with the preliminary plan, together with a zoning application (see Section 17.48.020 through 17.48.070) for the planned development district.

2.

The precise plan shall include the following maps and supporting information; maps shall follow the form required for the sketch plan:

a.

Land use plan map:

i.

Proposed vehicular circulation pattern indicating both public and private streets,

ii.

The location of proposed land uses by specific type,

iii.

The location of public and private areas such as parks, playgrounds and open space,

iv.

The location of school sites proposed by specific type,

v.

The approximate location of proposed buildings except dwellings,

vi.

The approximate location of off-street parking areas;

b.

An example site plan for each specific residential type proposed other than one-family detached dwellings;

c.

Sufficient data shall be submitted to identify the general category of uses proposed under each specific land use type except residential;

d.

Perspective drawings to indicate approximate height relationships and architectural unity when required by the planning commission or city council;

e.

Area analysis:

i.

Yard, lot area coverage, lot area per dwelling unit and height standards proposed for all land uses by specific type,

ii.

Approximate number or ratio of off-street parking spaces proposed for all land uses by specific type,

iii.

Approximate floor area proposed for commercial and industrial buildings,

iv.

Number of dwelling units proposed and estimated population by specific residential type,

v.

Proposed density of dwelling units per gross acre by specific residential type;

f.

Legal description of property proposed for development;

g.

A development schedule indicating to the best of the applicant's knowledge the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. If, in the opinion of the city council, the owner or owners of property in the planned development district are failing or have failed to meet the development schedule, the city council may initiate proceedings in the same manner as an amendment to this title, to remove the planned development district from the zoning map;

h.

A copy of any proposed association articles of incorporation or association bylaws or any proposed restrictive covenants;

i.

The method whereby landscaped or recreation areas, streets and other proposed facilities or open areas which are to be held in common ownership will be established, developed and maintained.

(Ord. 635 § 15.3, 1965)

Chapter 17.29 - -B BART STATION AREA COMBINING DISTRICT

The purpose of this combining district is to implement the BART Station Area Specific Plan, including special development standards and design guidelines. The district is established in order to achieve the following objectives for the BART Station Area:

A.

To encourage the development of a densely developed, mixed-use, pedestrian-oriented neighborhood that supports the area's intended transportation/transit role, and complements the character of the adjacent neighborhoods and business districts, as described in the BART Station Area Specific Plan;

B.

To establish the type, location, intensity and character of development to occur in the area, while allowing for creative and imaginative design concepts, as described in the BART Station Area Specific Plan;

C.

To assure that development conforms with the policies, requirements and standards of the BART Station Area Specific Plan;

D.

To implement the policies of the Daly City General Plan.

(Ord. 1202 § 4 (part), 1994)

This district, if applied, shall combine with any other district. These regulations are in addition and supplemental to the regulations of the underlying districts, and where the regulations of the -B district and the underlying district are inconsistent, the regulations of the -B district shall prevail. Furthermore, all development shall be in accordance with the policies contained in the Daly City General Plan and the BART Station Area Specific Plan.

(Ord. 1202 § 4 (part), 1994)

17.29.030 - Relationship to the BART Station Area Specific Plan.

The provisions of this chapter implement the BART Station Area Specific Plan. The specific plan provides further guidance in complying with the requirements of this chapter. The specific plan shall be used in conjunction with this chapter to design and evaluate development proposals.

(Ord. 1202 § 4 (part), 1994)

The BART Station Area Combining District boundary is illustrated below:

==> picture [252 x 272] intentionally omitted <==

(Ord. 1202 § 4 (part), 1994)

Uses permitted or conditionally permitted within this district are the same as those for the underlying landuse district, except as modified by the BART Station Area Specific Plan.

(Ord. 1202 § 4 (part), 1994)

A design review permit is required for all new construction and exterior remodeling in this district, pursuant to the requirements specified in Chapter 17.45 of this title.

(Ord. 1202 § 4 (part), 1994)

Signs in this district shall comply with the design guidelines for the BART Station Area Specific plan.

(Ord. 1202 § 4 (part), 1994)

The demand for parking in this area may be reduced because of the availability of BART. New projects which comply with the standards of the BART Station Area Specific Plan will qualify for the reduced parking listed in the Specific Plan.

(Ord. 1202 § 4 (part), 1994)

Chapter 17.30 - I-D INTERIM DISTRICT

All territory hereafter annexed to the city shall be automatically zoned to an interim district until such time as said territory is zoned to another district in accordance with the procedure established for amendments to this title.

(Ord. 635 § 6.1, 1965)

Any building, structure or land use lawfully existing on the date the territory is annexed to the city shall be a permitted use; providing that such building, structure or land use shall not be enlarged, extended or structurally altered until a use permit has first been secured. New development may be permitted providing a use permit has first been obtained.

(Ord. 635 § 16.2, 1965)

Chapter 17.31 - PRE-PD PREPLANNED DEVELOPMENT DISTRICT

A.

To ensure that the city has appropriate review and ability to mitigate environmental impacts through site planning, building design, parking requirements, circulation patterns, grading and landscaping. The pre-PD district allows the city the opportunity to establish a planned development process for future development of certain sensitive properties. The specific purposes for establishing a pre-planned development zoning designation are to:

1.

Ensure orderly and thorough planning and review procedures that will result in quality urban design;

2.

Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods;

Encourage variety and avoid monotony in a large development by allowing greater freedom in selecting the means to provide access, light, open space and amenities;

4.

Establish a procedure for the development of parcels of land in order to reduce or eliminate rigidity and inadequacies that may result from the application of zoning standards and procedures designed primarily for small parcels.

B.

A property is designated pre-PD until such time as a plan for the development of the property is submitted to the city. When submitted, the plan shall automatically be required to conform to Chapter 17.28, P-D Planned Development District of this title and all provisions therein.

(Ord. 1204 § 1 (part), 1994)

Any building, structure or land use lawfully existing on the effective date of the ordinance codified in this chapter is a permitted use; providing that such building, structure or land use shall not be enlarged, extended or structurally altered until a use permit has first been secured. New development is permitted only upon approval of a planned development application pursuant to Chapter 17.28 of this title.

(Ord. 1204 § 1 (part), 1994)

Chapter 17.32 - SIGNS*

There is adopted by the city, for the purpose of providing minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located entirely within a building, that certain code designated as the Uniform Sign Code, 1994 Edition, published by the International Conference of Building Officials, a copy of which is on file in the office of the city clerk for public record and inspection, subject, however, to the amendments, additions and deletions set forth in this chapter, and from the date on which this ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city.

(Ord. 1249 § 3 (part), 1997)

Section 103.3 of the Uniform Sign Code, 1994 Edition, is deleted.

(Ord. 1249 § 3 (part), 1997)

Section 202 of the Uniform Sign Code, 1994 Edition, is amended by adding the following definitions thereto:

A BOARD: A portable sign capable of standing without support.

AREA OF SIGN: The entire area within a single, continuous perimeter composed of squares or rectangles which enclose the extreme limits of the advertising message, together with any frame or other material, color, or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed; excluding the necessary supports or uprights upon which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that only one face of a double-faced sign shall be considered in determining the sign area, provided both faces are parallel and the distance between faces does not exceed two feet.

Further, where a sign consists only of individual letters, numbers, or symbols and is painted on or attached fiat against the wall of a building and where such individual components are without integrated background definition and are not within a circumscribed frame area, the total area of the sign shall be the sum of the areas of the squares or rectangles surrounding each individual sign component.

(Ord. 1249 § 3 (part), 1997)

Section 203 of the Uniform Sign Code, 1994 Edition is amended by adding the following definition thereto:

BILLBOARD: Any sign, other than a directional sign, which directs attention to a business, commodity, product, service, or activity, sold, offered or made available elsewhere than upon the premises whereon the sign is located.

(Ord. 1249 § 3 (part), 1997)

Section 205 of the Uniform Sign Code, 1994 Edition is amended by adding the following definition thereto:

DIRECTIONAL SIGN: Any sign which is designed, erected and maintained for the purpose of directing persons to a place, structure or activity not located on the same premises as the sign.

(Ord. 1249 § 3 (part), 1997)

Section 206 of the Uniform Sign Code, 1994 Edition is amended by adding the following definition thereto:

ERECT: To build, construct, attach, hang, place, suspend, or affix, including the painting or otherwise applying of wall signs.

(Ord. 1249 § 3 (part), 1997)

Section 207 of the Uniform Sign Code, 1994 Edition is amended by adding the following definitions thereto:

FACE: The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

FACE OF BUILDING: The exposed side of any exterior wall of a building, excluding structural-projections.

FACE SIGN: Any sign painted or mounted on a wall or of solid construction located as to be approximately parallel with the face of a building, including a "V" type sign which does not extend more than 18″ from the face of a building or structure.

FREESTANDING: Any sign in a fixed location which is self-supporting on the ground, or on one or more poles or upright members which are in no part attached to any building, excluding "A"-board signs.

(Ord. 1249 § 3 (part), 1997)

A new section is added to the Uniform Sign Code, 1994 Edition, to be numbered Section 208.2, to provide for the addition of the following definition:

Sec. 208.2.-I

ILLUMINATED SIGN: Any sign which has characters, letters, figures, designs or outline illumination by electric lights or luminous tubes on, within or attached to the sign or by a light source removed therefrom.

(Ord. 1249 § 3 (part), 1997)

Section 210 of the Uniform Sign Code, 1994 Edition, is amended by adding the following definition thereto:

MARQUEE SIGN: Any sign attached to or supported by a marquee.

(Ord. 1249 § 3 (part), 1997)

A new section is added to the Uniform Sign Code, 1994 Edition, to be numbered Section 211.1, to provide for the addition of the following definitions:

Sec. 211.1-O

OFF-PREMISES SIGN: A sign, such as a billboard, which advertises goods or services which are available elsewhere than upon the premises whereon the sign is located, excluding direction signs.

ON-PREMISES SIGN: A sign that carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, name of the person, firm or corporation occupying the premises.

OUTDOOR ADVERTISING SIGN: (See BILLBOARD)

(Ord. 1249 § 3 (part), 1997)

Section 212 of the Uniform Sign Code, 1994 Edition, is amended by adding the following definition thereto:

PRIMARY LOT FRONTAGE: That single dimension of a parcel abutting a public right-of-way and providingfor the most important approach to the parcel or occupancy thereon.

(Ord. 1249 § 3 (part), 1997)

Section 214 of the Uniform Sign Code, 1994 Edition, is amended by adding the following definition thereto:

SECONDARY LOT FRONTAGE: Any dimension of a parcel abutting a public right-of-way other than, "primary lot frontage."

(Ord. 1249 § 3 (part), 1997)

17.32.130 - Section 217—Amended.

Section 217 of the Uniform Sign Code, 1994 Edition, is amended by adding the following to the definition of Wall sign.

WALL SIGN: (See FACE SIGN).

(Ord. 1249 § 3 (part), 1997)

17.32.140 - Section 403.6—Deleted.

Section 403.6 of the Uniform Sign Code, 1994 Edition, is deleted.

(Ord. 1249 § 3 (part), 1997)

17.32.150 - Exempt signs.

The following signs shall be exempt from regulation under this chapter:

A.

Advertising media located entirely within a completely enclosed building and which is not intended to be viewed primarily from the exterior of the building;

B.

Traffic highway markers and railroad crossing or danger signals;

C.

Any sign posted pursuant to and in discharge of any governmental function by public officials in performance of their duties, including traffic and street name signs as well as notices, emblems or other forms of identification and signs required by law;

D.

Signs used by public utilities for the safety, welfare or convenience of the public;

E.

Flags of any nation or political subdivision, of any fraternal, religious or other organization of a civic character;

F.

Holiday greetings, decorations and displays, excluding advertising signs disguised as seasonal decorations;

G.

Temporary display posters in connection with civic, political, noncommercial, health, welfare and safety programs posted in or on private residences or within commercial display windows.

(Ord. 1249 § 3 (part), 1997)

The prohibitions contained in this section shall apply to all signs and all zoning districts, regardless of designation, of the city:

A.

Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated or lighting device be so placed or directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

Public service signs such as the time-temperature type, are exempted from this prohibition.

B.

No signs shall have any mechanical or moving parts; rotating signs, with the exception of public-service signs, are specifically prohibited.

C.

No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. The devices, as well as strings of lights, shall not be utilized for the purposes of advertising or attracting attention when not part of a sign. No sign, A-board,

advertising structure or merchandise display shall be placed upon or attached to the ground on any portion of the public street, sidewalk or right-of-way except as permitted by this chapter.

D.

No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty-five percent of the area of the window. Window signs must be located on the inside of the windows or painted on the windows.

E.

No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in this section.

F.

No outdoor advertising structure, sign or other advertising structure shall be erected, constructed, relocated or maintained, regardless of the zone or district in which it is located if such structure or sign is designed to have or has the advertising thereon maintained primarily to be viewed from a main traveled roadway of a landscaped freeway or of a scenic highway or the ingress or egress of ramps thereto; however, such prohibition shall not apply to:

1.

Signs and/or structures erected, constructed, relocated or maintained pursuant to a relocation agreement with a sign owner which is approved by the city council following a determination that such relocation agreement will benefit the community. Such relocation agreement shall comply with the provisions of California State Business and Professions Code Sections 5412 and 5443.4; and

2.

This shall not apply to any sign or advertising structure which is painted or maintained on a building on which the advertising sign is limited to:

a.

The name of the building whereon the sign is located;

b.

The name of the person, firm or corporation occupying the building, and type of business conducted by such person, film or corporation;

c.

The name of the product manufactured on the premises;

d.

Advertising which is strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs advertising services rendered or goods sold on the premises, but no such advertising or signs shall exceed twenty square feet in area. This exception shall not be construed as permitting signs indicating the trade name, merchandise or service of any person or corporation who pays a consideration for the privilege of placing, maintaining or using any portion of the sign or painting advertising to the owner or occupant on which it is located.

G.

No roof signs are permitted, except when integral with the architecture of the building, such as mansard roof or building fascia, and subject to the following conditions:

1.

No higher than the ground sign permitted;

2.

May not extend above the roof peak.

H.

Projecting signs are permitted only for commercial activities having a building frontage of twenty feet or more, provided:

1.

A sign may not extend about the sill of the lowest window of any residentially occupied floor or floors;

2.

A sign shall not exceed the maximum height of the zoned district in which located;

3.

The maximum clearance from the face of wall to sign shall not be greater than one foot;

4.

The sign shall be prohibited where a ground sign is located on the same parcel;

5.

The sign shall neither extend over the public right-of-way, nor to less than three feet from face of curb.

I.

Signs on Public Property. No person, except a duly authorized public officer or employee, shall post, mount, affix or fasten any sign, card, banner, handbill, poster, advertisement or notice of any kind, or cause the same to be done, on any publicly-owned curb, sidewalk, streetlight, pole, bench, fence, hydrant,

bridge, wall, tree, sidewalk, traffic control device, parking meter, street, alley, place or property, except as specifically permitted by this chapter.

(Ord. 1249 § 3 (part), 1997)

(Ord. No. 1371, §§ 2, 3, 10-28-2013)

17.32.170 - Permitted signs in all districts.

A.

The following signs are permitted in any zoned district without a sign permit:

1.

Real estate signs advertising the sale, lease or rental of the premises upon which the sign is located shall be limited to one sign per property or business and shall not exceed four square feet in a residential zone or twelve square feet in any other zoning district. Real estate signs shall be placed on the offered property and shall be removed within thirty days after the sale, rental or lease of the subject property. A-frames used for real estate purposes shall be allowed in addition to the limitations set forth in this subsection. Such signs shall be allowed off the site, provided they are removed by sundown each day and are limited to the minimum number necessary for directional purposes. A-frames may identify the owner or agent's name, address and telephone number but shall not otherwise be used to identify or advertise real estate offices or businesses;

2.

Signs denoting the name and address of the occupants of the premises; the sign not to exceed one square foot in area;

3.

Signs denoting the architect, engineer or contractor placed on premises where construction, repair or renovation is in progress; the signs not to exceed thirty-two square feet in area, except sixteen square feet in R-1 and R-2 districts;

4.

Bulletin boards not over twelve square feet in area for public, charitable or religious institutions when the same are located entirely on the premises of such institutions;

5.

Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials;

6.

Occupational signs denoting only the name and profession of an occupant in a commercial or public institutional building, not to exceed two square feet in area.

B.

The following signs are permitted in any zoned district but require a sign permit, as provided in this chapter:

1.

Subdivision real estate directional signs in accord with the following standards:

a.

One portal or entry sign not to exceed three hundred square feet and limited to two faces,

b.

Interior directional signs not to exceed seventy square feet per individual face and limited to four faces,

c.

Number of signs shall be limited: one sign per primary traffic direction change and two advertising signs not to exceed one hundred fifty square feet each per "on-site" model home area,

d.

Signs shall be permitted only in advance of (not more than sixty days) and during such time as developer maintains a sales office on site,

e.

Advertising signs other than at model home sites, which are within five hundred feet and visible from occupied residences shall be removed within three months after residences are occupied;

2.

Signs for apartment complexes in accord with the following standards:

a.

One low-scale permanent name identification sign not to exceed thirty-two square feet,

b.

One building sign to advertise name of property and "No Renting" not to exceed fifty square feet.

(Ord. 1249 § 3 (part), 1997)

Temporary signs may be permitted, provided a sign permit is obtained from the department of economic and community development.

A.

General Provisions. Application for a sign permit shall indicate size and purpose. The office of the city planner shall issue a permit in accord with the following standards, restrictions and provisions:

1.

Commercial, Promotional or Sales Signs:

a.

Are permitted for a period not to exceed the immediate seven days prior to the event, promotion or sales and continued through to include the event, promotion or sale but not to exceed a total of thirty days;

b.

Shall not be placed without consent of owner, trustee, tenant or other person responsible for property for each and every location, and applicant so attests on the application;

c.

Each sign or poster or display shall not exceed twelve square feet;

d.

Promotional off-site signs shall not be permitted more than one time in any twelve-month period for the same business or commercial enterprise;

e.

A returnable faithful performance deposit in the form of one hundred dollars cash shall be deposited with the department of finance for each permit.

2.

Eleemosynary Signs, Displays and Announcements. No permit shall be required for the erection of any sign by any bona fide religious, charitable, educational or eleemosynary organization, unless the organization shall fail, upon demand of the department of economic and community development, to verify its status as such type of organization. In the event of the failure of the organization to so verify its status, then the other applicable provisions of this section shall apply.

3.

Searchlights, defined as "an apparatus containing a source of light and a reflector that projects the light produced in a concentrated, far-reaching beam"; it is, in most cases, mounted on a swivel so that the beam can be directed.

a.

A searchlight is permitted only during the course of the event, promotion or sale which it is intended to publicize;

b.

A searchlight may remain in operation for the duration of the particular event, promotion or sale except that no individual searchlight permit shall be valid for a period in excess of seven days;

c.

Under no circumstances shall a searchlight remain in operation later than the hour of ten p.m.;

d.

A searchlight shall not be placed without consent of the owner, trustee, tenant or other person responsible for the property at each and every proposed location and applicant so attests on the application;

e.

A searchlight shall not be permitted more than once in any six-month period for the same business, commercial enterprise, religious, charitable, educational or eleemosynary organization;

f.

A returnable faithful performance deposit in the sum of one hundred dollars cash shall be deposited with the department of finance for each permit. An exception to this requirement shall be made in the case of bona fide religious, charitable, educational or eleemosynary organizations;

g.

Removal of a searchlight and the return or forfeiture of the required cash deposit shall be governed by the provisions of subsection (B) of this section.

B.

Removal, Return or Forfeiture of Cash Deposit.

1.

All temporary signs permitted under the provisions of this section shall be removed not later than five days following the termination of permit. Upon satisfactory showing to the city planner of such removal, the city planner shall authorize the department of finance to return in full the cash deposit for each permit so obtained;

2.

If all signs are not removed pursuant to subsection (B)(1) of this section, the department of economic and community development shall notify the applicant by certified, first class mail, and such signs shall be removed not later than fifteen days following the termination of permit. Upon removal of signs within such fifteen-day period, the city planner shall authorize the department of finance to return one-half of the cash deposit, whether or not the mailed notice was received by applicant;

3.

If all signs are not removed pursuant to subsections (B)(1) or (B)(2) of this section, the department of economic and community development shall notify the applicant, by certified, first class mail, of violation of the city's zoning ordinance and direct such signs to be removed or be held subject to the provisions of Chapter 17.50 of this title and the total cash deposited shall be forfeited.

(Ord. 1249 § 3 (part), 1997)

(Ord. 1249 § 3 (part), 1997)

17.32.200 - Permitted signs in commercial and industrial districts.

A.

Permit and Fee. Any sign designated in this section may not be installed until a sign permit application has been submitted to, reviewed and approved by the planning and zoning division. A nonrefundable filing fee, to be established by the city council by resolution, shall accompany an application for a sign permit. In order to approve an application, the planning and zoning division must determine that all requirements of this chapter are met. The planning and zoning division shall approve with modifications or disapprove any application for a sign permit.

B.

Other standards for any sign within areas affected by a redevelopment project area, the requirements in this section shall be superseded by standards set forth within the guidelines of the approved plan for such project area and subsequently by standards, specifications and all other applicable requirements set forth within an adopted final plan of the redevelopment agency for such project area and any subsequent amendments thereto.

C.

Criteria. The office of planning shall consider, but not be limited to, the following criteria in performing the review of sign applications:

1.

Is the sign consistent with the purpose and intent of this chapter and the Uniform Sign Code?

2.

Is the size of the sign proportionate to the building and site it serves; is the height, size and shape of the sign in proper relation to the height, size and shape of the building and the site, and the distance from which the passing public primarily views the signs?

3.

Is the appearance of the sign in harmony with the premises on which it is to be located and with other properties in the vicinity? Is the sign architecturally a part of the building rather than a feature independent

of or in conflict with the design of the building? Is the shape, letter type, material, type of color and type of illumination compatible to the use, enhancing to the premises and to other properties in the vicinity?

4.

Signs for projects located in areas included in a specific plan, or for which design guidelines for signs have been adopted, shall conform to those requirements.

D.

Adjustments of Specifications. The office of planning, when reviewing sign applications in cases where the applicant requests one or more deviations from the requirements set forth in this chapter, may allow adjustments within the items listed below, provided it enters on the application, findings consistent with the purpose of this chapter:

1.

Additional area for any of the following reasons:

a.

To allow a sign to be in proper scale with its building or use,

b.

To overcome a disadvantage because of an exceptional setback,

c.

To achieve an effect which is essentially architectural, sculptural or graphic art,

d.

To allow a sign compatible with other conforming signs in the vicinity;

2.

Additional height: to compensate for distance or difference in elevation from primary viewing angles to overcome obstructions to visibility (wires, poles, trees, conforming signs or other property);

3.

Additional number: to compensate for inadequate visibility or to facilitate good design balance;

4.

Variation in type: to provide compatibility with architecture of structures on the site and improve the overall appearance of the site.

E.

C-O Office Commercial Districts. In the C-O office commercial district, the following signs may be erected or maintained for each business entity subject to the requirements in this subsection:

1.

Single-faced wall sign(s) which shall not protrude above or beyond a wall and shall not exceed in length seventy-five percent of the building frontage for each commercial entity;

2.

Directional signs for off-street parking and loading facilities with the area for each sign not exceeding four square feet;

3.

One ground sign located in a landscaped area not to exceed a height of six feet.

The total aggregate sign area for each business entity shall not exceed one-quarter square foot per lineal foot of primary frontage with a permitted minimum of twenty-five square feet and a maximum allowable of seventy-five square feet.

F.

All Other Commercial, Industrial or Other Zoned Districts. In all other districts zoned commercial, industrial or any other comparable classification, the following signs may be erected or maintained subject to the requirements in this subsection:

1.

Single-faced wall sign(s) which shall not protrude above or beyond a wall and shall not exceed in length seventy-five percent of the building frontage;

2.

One pedestrian-oriented sign suspended from an overhanging architectural feature, the sign not to exceed ten square feet and placed at a minimum height of eight feet above the sidewalk;

3.

A ground sign, which is low-mounted and located within a landscaped area, as an alternate to other types of signs; said sign may not exceed a height of six feet and may be placed in the required setback or yard areas;

4.

Ground signs mounted on a pole are permitted only if the property has a minimum primary lot frontage of fifty feet; no portion of subject sign may encroach upon the public right-of-way; the height of the sign shall not exceed twenty-two feet, the maximum face area shall not exceed seventy-five square feet;

5.

The total face area of the aforementioned signs shall not exceed the permitted area as shown on Figure 1, which is made a part of this section by reference; the maximum face area permitted for each business entity is one hundred twenty-five square feet; if parcels of land have secondary frontage, signs may be located on the frontage; provided, that the total sign area thereon shall not exceed one-half the maximum sign area allowed by Figure 1, for the secondary frontage.

==> picture [336 x 267] intentionally omitted <==

G.

Shopping Centers. For shopping centers, an owner or owners may file for a use permit under the procedures stipulated in the zoning ordinance to establish specific requirements for ground sign and for the exterior signs on individual business. In lieu of a "master" use permit, all exterior signs of a shopping center must conform to the requirements of this section.

(Ord. 1249 § 3 (part), 1997)

Off-premises signs, such as billboards and outdoor advertising structures, shall be permitted only within commercially or industrially zoned areas (exclusive of office-commercial zoned districts) and shall be completely excluded from areas in or adjacent to residentially zoned areas and shall be subject to the following conditions:

A.

All off-premises signs shall require a use permit.

B.

Off-premises signs may be mounted on the blank or side walls of structures not constituting frontage and not covering exits or windows or otherwise interfering with the architectural exterior treatment of structures.

Signs shall be structurally developed so as to be aesthetically acceptable. Whenever possible, off-premises signs shall be of a low-level type situated in a landscaped or planted area and developed with aesthetic consideration to surrounding or adjacent properties, regardless of zone or use.

C.

Off-premises signs shall not exceed a ratio of one sign face or structure per three hundred linear feet of a block along each side of a commercially or industrially zoned street frontage.

D.

Off-premises signs shall not be permitted which are primarily viewed from the landscaped federal interstate highway, a landscaped freeway, or from any designated scenic highway; however, such prohibition shall not apply to signs and/or structures erected, constructed, relocated or maintained pursuant to a relocation agreement with a sign owner, approved by the city council following a determination that such relocation agreement will benefit the community. Such relocation agreement shall comply with the provisions of California State Business and Professions Code Sections 5412 and 5443.5.

E.

Off-premises signs shall not constitute a nuisance either by their location or by their visible condition to surrounding or adjacent properties regardless of zone and use.

F.

Off-premises signs shall not be permitted to be mounted on a roof nor to extend above a roof line of a building on which said sign is mounted.

G.

Digital billboard signs are off-premise signs utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Notwithstanding the prohibition of digital billboards within the city, the city council may approve a relocation agreement that authorizes the construction of digital billboards on commercial or industrial zones areas subject to the issuance of a use permit and subject to the following conditions:

(1)

Operational Limitations. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, on any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing, lighting or the varying of light intensity.

(2)

Minimum Display Time. Each message on the sign must be displayed for a minimum of eight seconds. Transition or blank screen time between one still image and the next may not exceed one second.

(3)

Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance.

(4)

The pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign. For a sign with a nominal face size of fourteen feet by forty-eight feet, the measurement distance to measure from is two hundred and fifty feet.

(5)

Digital billboards shall not exceed a face size of six hundred and eighty square feet, regardless of zoning district. A sign structure may contain one or two faces of this size, with only one face facing a specific direction.

(6)

Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.

(7)

The technology currently being deployed for digital billboards is LED (light emitting diode), but there may alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness set forth in subsection (G)(3) of this section, shall not require an ordinance change for approval, unless the director of economic and community development finds it in the best interest of the public to do so. The city shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.

(8)

The digital billboard shall be operated with systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction.

(9)

Owners of digital billboards are encouraged to coordinate with law enforcement and emergency management authorities to display, when appropriate, regional emergency information important to the traveling public including, but not limited to amber alerts or emergency management information.

(10)

Digital billboards operating in compliance with this section shall not be considered as containing flashing or intermittent light.

(Ord. 1249 § 3 (part), 1997)

(Ord. No. 1371, §§ 4, 5, 10-28-2013)

In order to reduce practical difficulties and unnecessary hardships, inconsistent with the intent of this chapter, the planning commission may grant variances pursuant to procedures in the zoning ordinance with respect to the regulations prescribed relating in this chapter to the height, area, location or number of signs in accordance with the procedures described in this section, when the following circumstances are found to apply:

A.

That the grant of any variance shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and

B.

Because of special circumstances applicable to the subject property, including size, shape, topography, street frontage, location or surrounding land use; the size or height of the building on which the sign is to be located; the classification of the street or highway on which the sign is located or designed primarily to be viewed from, the strict application of zoning regulations is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(Ord. 1249 § 3 (part), 1997)

A.

Determination of the city planner shall become a final decision except that in all cases, 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, within fifteen days following the rendering of any decision by the city planner.

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 regulations, criteria and design standards as set forth in this chapter, except as to variances, may approve, modify or reverse the decision of the city planner insofar as such action may, in its judgment, be necessary to carry out the general purposes of this chapter. 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 procedures set forth in subsection (D) of this section.

D.

Within seven days following the date of mailing the decision by the planning commission under subsection (C) of this section, 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 within the seven-day period. 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. 1249 § 3 (part), 1997)

A.

All departments and public employees of Daly City who are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and shall issue no permit or license for uses, structures or purposes in conflict with the provisions of this chapter and any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

B.

It shall be the duty of the office of planning to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any sign or sign structure. Any sign or sign structure erected, altered, moved or maintained contrary to the provisions of this chapter and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter shall be declared to be unlawful and a public nuisance, and the city attorney, upon order of the city council, immediately shall commence action or proceedings for the abatement and removal in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such sign or structure, and restrain and enjoin any person, firm or corporation from erecting, building, maintaining or using any such sign or sign structure or using any premises contrary to the provisions of this chapter.

(Ord. 1249 § 3 (part), 1997)

Chapter 17.34 - OFF-STREET PARKING AND LOADING

17.34.010 - Regulations generally.

A.

The standards contained in this chapter shall apply to all new structures, new property developments or new additions to existing structures for which a building permit is issued after the effective date of the ordinance codified in this chapter. These standards may be modified if a development is located in an area covered by a specific plan, if the development conforms to the standards specified therein. Design guidelines approved by the city council may modify design standards for parking.

B.

Any of the following provisions notwithstanding, the redevelopment agency may, at its discretion, establish parking standards which deviate from the specific requirements of this section.

C.

There shall be provided in all districts at the time of construction of any new building, or any enlargement of or addition to any existing building, off-street parking spaces in accord with the standards and requirements of this section. Where the computation of an off-street parking requirement results in a fraction, said fraction shall be rounded to the next higher whole number.

D.

All required parking areas shall be readily available to the employees, customers and/or residents of the facility in question. No fee shall be charged for the use of those spaces required by the applicable provisions of this section. A fee may, however, be charged for the utilization of any spaces provided over and above the required number.

E.

In the case of mixed use developments, the city planner may grant an administrative variance to the cumulative off-street parking requirement which would normally apply if the individual activities within a single complex were considered separately. In no event shall an administrative variance be issued which reduces the overall off-street parking standard by more than twenty percent. To qualify for a reduction, a mixed use complex shall be under one management. The following types of mixed use developments shall be eligible for consideration:

1.

Commercial office/multiple-family residential;

2.

Commercial office/retail and/or service commercial (applies to shopping centers only);

3.

Hotel or motel/retail or service commercial;

4.

Bowling alley/retail or service commercial;

5.

Industrial/retail or service commercial.

The city planner shall consider the types of activities proposed and the ratio of floor areas involved, the section of the city within which the project would be located, and any other pertinent factors in determining what, if any, reduction in the off-street parking requirement may be warranted.

F.

In the following types of developments, up to twenty percent of the required off-street parking spaces may be designated for "small cars only":

1.

Commercial offices;

2.

Multiple-family residential.

(Section 17.34.030 details specific standards for "small car" parking spaces.)

G.

Except for single-family homes and duplexes, each required off-street parking space shall be provided with access to or from an aisle or driveway. Tandem parking in single-family homes is acceptable. In addition, only two of the required off-street parking spaces in a duplex need to have individual access to or from an aisle or driveway.

H.

Any building permit application for a structure requiring off-street parking or an application for a separate parking facility shall provide a plot plan drawn to scale demonstrating compliance with all applicable provisions of this section.

I.

A mandated building setback area may be used to fulfill an off-street parking requirement, subject to the following requirements:

1.

The property has an existing legal curb cut accommodating the required parking;

2.

An automatic garage door opener is installed and maintained in working condition; and

3.

The garage and driveway are maintained in a usable condition and are not used for storage of material, equipment or inoperable vehicles if such storage necessitates parking a resident's vehicle on the street. Whenever the garage or driveway is available, residents are required to use them.

4.

A parking space in a side-by-side or double-wide configuration has not or is not being eliminated.

J.

All off-street parking areas shall be surfaced with plant-mix asphalt, concrete, or other surfacing as approved by the city engineer, and the city planner.

K.

Off-street parking, when used to complement a legally conforming land use, may be allowed in any residential zoned district upon first securing a use permit. This shall not be construed as permitting the storage or sale of vehicles in any residential zoned district.

L.

Off-street parking spaces required by this chapter shall at all times be maintained in a usable condition. Said off-street parking spaces shall not be utilized for storage of materials or equipment if such storage necessitates the parking of the property owner's/tenant's vehicles outside the required parking area.

(Ord. 1232 § 5, 1996; Ord. 1202 § 6, 1994; Ord. 1159 § 1, 1992; Ord. 885 § 2 (part), 1978: Ord. 635 § 17.1, 1965)

(Ord. No. 1412, § 2, 2-13-2017)

A.

Single-Dwelling Residential—New dwellings and additions to existing dwellings resulting in one thousand five hundred square feet or less of habitable space in the dwelling shall require the provision of two parking spaces; new dwellings and additions to existing dwellings resulting between one thousand five hundred one square feet and two thousand square feet of habitable space in the dwelling shall require the provision of three parking spaces; new dwellings and additions to existing dwellings resulting between two thousand and one square feet and two thousand five hundred square feet of habitable space in the dwelling shall require the provision of four parking spaces; and new dwellings and additions to existing dwellings resulting in over two thousand five hundred square feet of habitable space in the dwelling shall require the provision of six parking spaces. Driveway areas in front of the dwelling's garage may be counted toward meeting the parking requirement if the measurement between the back of the sidewalk and face of the dwelling's garage door is not less than nineteen feet long, unless a garage door recess is provided pursuant to subsection (H). Up to three of the required parking spaces required by this section may be provided in tandem.

Irrespective of the number of resulting square feet, the conversion of non-habitable space into habitable space in existing dwellings which does not expand the existing building envelope of the dwelling shall be required to provide at least two parking spaces meeting the parking dimensions specified in Section 17.34.030, unless the dwelling has no garage or existing structural obstructions prevent the provision of the two fully-dimensioned parking spaces, in which case no parking spaces shall be required for the interior improvements. In no instance shall an existing side-by-side parking configuration be eliminated;

B.

Duplex (two-family residential)—two spaces per unit totaling four spaces per structure;

C.

Emergency Homeless Shelter—0.75 covered or uncovered parking spaces per employee;

D.

Multiple-Dwelling Residential, including condominiums—one space for each studio unit. One and one-half spaces for each one-bedroom unit. Two spaces for each two-bedroom or larger unit. Apartment complexes and condominiums designed and intended for the exclusive occupancy of low income elderly persons, shall provide at least one-fourth the normally required amount of off-street parking. Apartment complexes and condominiums designed and intended for the exclusive occupancy of low income persons or families other than the elderly shall provide at least three-fourths the normally required number of spaces;

E.

Mobilehome Parks—one space for each mobile home, said space to be located on the individual trailer site, plus one space per site for guest parking, the latter to be grouped in common area;

F.

Boardinghouses—one space per rentable room plus one space for every two hundred square feet of kitchen area and administrative office space;

G.

Hotels and Motels—one space per room plus one space for each three hundred feet of lobby area and administrative office space;

H.

Nursing Homes, Convalescent Hospitals and Similar Uses—one space for every four hundred square feet of gross floor area;

I.

Clubs, Lodges and Other Assembly Buildings, Including Churches and Theaters—one space for every six permanent seats in the main auditorium. If there are to be no permanent seats, then the off-street parking requirement shall be one space for every two hundred square feet of assembly area. Ancillary uses such administrative offices, classrooms, and multi-purpose spaces shall be exempt from the requirement for parking, up to two thousand five hundred square feet;

J.

Banks and Business or Professional Offices—one space for each three hundred square feet of gross floor area up to twenty-one thousand feet; thereafter, one space for each two hundred square feet of gross floor area;

K.

Fast Food Restaurant or Drive-in—one space per seventy-five square feet of gross floor area;

L.

Other Restaurants—one space per one hundred twenty-five square feet of gross floor area;

M.

Mortuary—one space for each three hundred fifty square feet of gross floor area;

N.

Bowling Alley—two and one-half spaces for each bowling lane;

O.

Service Station—five spaces;

P.

Service Station with Accessory Use—two spaces for the service station: retail accessory use will require an additional one space per three hundred square feet of gross floor area. Car wash accessory uses will require an additional five spaces. Automated car wash queuing lanes may be considered for inclusion in the required parking under a use permit, or at the discretion of the economic and community development director when a use permit is not required if it can be demonstrated that the queuing lanes would not encroach into the drive aisles, ROW or designated parking areas. If more than one accessory use is proposed, then up to fifty percent of the fuel dispensary parking spaces may be considered for inclusion in the required parking under a use permit, or at the discretion of the economic and community development director when a use permit is not required;

Q.

Self-service Gasoline Station—two spaces;

R.

New and/or Used Car Sales—one space per two thousand square feet of total site area;

S.

Auto Service and Repair—one space per seven hundred fifty square feet of gross floor area;

T.

Bulky Merchandise Retail Stores (e.g., furniture)—one space per seven hundred fifty square feet of gross floor area;

U.

All Other Retail or Service Commercial—one space for each three hundred square feet of gross floor area up to twenty-one thousand square feet; thereafter, one space for each two hundred square feet of gross floor area;

V.

Manufacturing, Public Utility, Warehousing—one space per fifteen hundred square feet of gross site or building area, whichever is greater, unless a more appropriate standard for a specific use is determined through use permit procedures;

W.

Day Care Centers, including Preschools, Nursery Schools and Private Elementary Schools—one space for each employee, plus one space for every ten children;

X.

For Uses Not Listed—the city planner shall establish a parking standard based upon the requirements for similar uses. If the city planner is unable to establish a parking requirement in this manner, the parking standard shall be determined by the planning commission.

(Ord. 1027 § 4, 1985; Ord. 903 § 1, 2, 1979; Ord. 885 § 2 (part), 1978: Ord. 635 § 17.2, 1965)

(Ord. No. 1359, §§ 1, 2, 9-12-2011; Ord. No. 1378, § 2, 5-27-2014; Ord. No. 1412, § 3, 2-13-2017; Ord. No. 1427, § 1, 4-8-2019)

17.34.030 - Off-street parking design standards.

A.

Required full size off-street parking spaces shall be of usable shape and shall not be less than eight and one-half feet wide and nineteen feet long.

1.

Permitted small car spaces shall be not less than sixteen feet long and eight and one-half feet wide;

2.

Small car spaces shall be clearly marked, "SMALL CAR ONLY";

3.

Where walls are adjacent to both sides of a parking space, the minimum width of said space shall be ten feet;

4.

End parking spaces, when parallel to a wall or barrier, shall maintain a minimum width of twelve feet. Variations from this standard shall be subject to the approval of the city planner.

B.

The following diagram and table illustrate minimum parking dimensions:

==> picture [312 x 144] intentionally omitted <==

Parallel Parking: Ten-foot minimum aisles, one aisle required per traffic direction. Eight foot six inches by twenty-four feet minimum size parking space (regular). Small car minimum size space eight foot six inches by twenty foot.

C.

Entrances and exits shall be clearly marked.

D.

The number of curb cuts for access shall be kept to a minimum and shall be located as far as is reasonably possible away from street intersections. In no event shall a curb cut extend into a curb return area a distance greater than ten percent of the total curb return length. The following curb cut and driveway standards shall apply:

1.

Residential Parking—single-family homes, duplex and two-family homes shall have a maximum curb cut width of eight feet for single car wide driveways. A curb cut leading to garages arranged in a side-by-side configuration shall have a maximum width of fourteen feet. The width of the driveway shall not exceed the width of the garage entrance by more than six inches on either side of said entrance. All other residential uses shall have a minimum eight feet for each traffic lane, maximum width of twelve feet for each traffic lane. Contiguous paving may not be placed next to the driveway so that it could be used for parking, unless constructed in conformity with Section 17.34.050 below.

shall not exceed the width of the garage entrance by more than six inches on either side of said entrance. All other residential uses shall have a minimum eight feet for each traffic lane, maximum width of twelve feet for each traffic lane. Contiguous paving may not be placed next to the driveway so that it could be used for parking, unless constructed in conformity with Section 17.34.050 below.

E.

Bumper guards and wheel stops shall be provided where needed.

F.

All new retail and/or service commercial developments required to provide in excess of ten off-street parking spaces shall furnish at least one conveniently located and distinctly marked "Handicapped Parking" space. Any residential development which provided units designed for handicapped persons shall provide one handicapped parking space for each such unit. All "Handicapped Parking" spaces shall be at least twelve feet in width.

G.

The following standards shall only apply to "outdoor" off-street parking:

1.

All outdoor parking areas shall be illuminated. Light standards shall be no more than twenty feet high and shall be oriented to reflect away from any adjoining residential properties;

2.

Outdoor parking areas on or adjacent to residentially zoned or utilized property shall be setback from adjoining lot lines by a landscaped buffer not less than three feet wide;

3.

Any parking lot having eleven spaces or more shall provide landscaping on at least two percent of the interior lot area which shall be in addition to the minimum paved area required. Said landscaping shall be irrigated and continuously maintained;

4.

Site plans for all outdoor, off-street parking areas shall be reviewed and approved by the city planner and the city engineer. Said plans shall illustrate drainage patterns, landscaping and irrigation, parking space and aisle dimensions, lot lighting and pavement materials.

H.

Required garage parking spaces in single dwellings and duplexes shall comply with the following dimension requirements:

1.

For new construction, single-car-width garage doors shall provide a minimum eight-foot opening and double-car-width garage doors shall provide a minimum fourteen-foot opening.

2.

Where walls are proposed on both sides of a garage parking space, the interior dimension for each parking space shall be ten feet wide and nineteen feet deep, centered on the back of the garage door. The interior space dimension for side-by-side parking shall be seventeen feet wide and nineteen feet deep, centered on the back of the garage door, except in duplexes where the garage shall be twenty feet wide and nineteen feet deep.

3.

The interior dimension for a garage providing two required parking spaces in tandem may be reduced to thirty-eight feet;

4.

In instances where an existing garage measure less than thirty-eight feet, the garage dimension may be reduced to nineteen feet if either the existing distance from the face of the garage door to the back of sidewalk measures nineteen feet or the garage door is recessed so as to provide a driveway space not less than nineteen feet in length, measured from the back of the sidewalk. The nineteen-foot dimension may be reduced to sixteen feet if achieving the nineteen-foot dimension would require a garage door recess of more than six feet. In no case shall a permit be issued that results in a parking space dimension that is less than sixteen feet from the back of the sidewalk to the face of the garage door. All parking spaces created pursuant to this section by shall be considered toward meeting required parking.

5.

All required garage parking spaces shall be accessed by an overhead garage door with automatic garage door opener, installed and maintained in working condition. Garage doors which swing out, roll, and cannot otherwise be accessed in an automated fashion shall not be permitted.

Parking spaces shall be approved clear of all permanent and appliance obstructions, including in-swinging doors and required trash/recyclable bin storage areas. Appliances such as water heaters, furnaces, and washer and dryers shall be assumed to have a thirty-six-inch dimension from the face of adjacent sheetrock. Parking spaces provided in excess of the mandated minimum number of spaces (optional parking space) may be reduced to sixteen feet in length and may not be subsequently eliminated.

(Ord. 1232 § 6, 1996; Ord. 903 § 3, 1979; Ord. 885 § 2 (part), 1978: Ord. 635 § 17.3, 1965)

(Ord. No. 1412, § 4, 2-13-2017)

Every hotel, laundry or dry cleaning establishment, retail or wholesale store, manufacturing or storage facility or any other use similarly requiring the receipt or distribution of materials or merchandise in which the gross floor area of the use exceeds ten thousand square feet, shall provide and maintain one off-street loading space.

(Ord. 635 § 18, 1965)

17.34.050 - Contiguous front yard paving.

A.

Replacement of existing front yard lawn or landscaping with hardscape (e.g., concrete, pavers, etc.) shall be allowed on any property with a single dwelling or duplex, subject to the following requirements:

1.

On parcels wider than twenty-five feet, at least twenty-five percent of the front yard shall be retained as landscape or xeriscape. For the purpose of compliance with this section, the front yard shall be defined as the area between in front of the dwelling and the back of sidewalk, including the public right-of-way.

2.

Paving of any portion of the public right-of-way shall require the issuance of an encroachment permit by the engineering division. The application for encroachment permit shall demonstrate compliance with the above landscape/xeriscape requirement. The engineering division shall have the ability require the replacement of the utility box serving the dwelling with a box rated for vehicular traffic, if one does not already exist.

3.

All hardscape not subject to the one-time exemption provided in this section shall incorporate pavers, integral colored concrete, or any combination thereof. Integral concrete shall colored be brown or a color complementary to the dwelling situated upon the lot.

4.

Paving on properties not served by an existing, legal vehicular curb-cut shall incorporate a permanent vertical barrier or other concrete cut-out pattern preventing the hardscape area from being used to park a vehicle. The permanent vertical barrier shall consist of a poured concrete curb not less than six inches in height and bricks and/or pavers set in poured concrete with an exposed surface not less than six inches.

B.

Any single dwelling or duplex property with contiguous front yard paving which has been installed as of July 1, 2017, shall be considered legal and non-conforming, and shall be exempt from the requirements of this section provided the dwelling owner has secured a non-conformity finding from the planning division by a date set by city council resolution. Any front yard pavement not granted a nonconformity finding shall be brought into conformance with these regulations upon issuance of any building permit for work exceeding a valuation set by city council resolution.

C.

Paving, terracing, and/or filling of any yard shall not be counted toward lot coverage. Placing removable rock material in any front yard area shall be exempt from this section.

(Ord. No. 1412, § 5, 2-13-2017)

17.34.060 - Minimum parking lot and parking garage driveway dimensions.

The following dimensions shall be required for driveways accessing parking lots and garages:

A.

For driveways providing access to twenty or fewer parking spaces, one-way travel may be allowed. The minimum one-way driveway dimension will be twelve feet, clear of all obstructions (e.g., building support columns).

B.

For driveways providing access to twenty-one or more parking spaces, two-way travel shall be required. For driveways providing access to between twenty-one and fifty spaces, the minimum two-way driveway dimension shall be at least eighteen feet, clear of all obstructions. For driveways providing access to more than fifty spaces, the driveway dimension shall be at least twenty-four feet, clear of all obstructions.

All required driveway dimensions shall be subject to final determination by the city's traffic engineer. In determining the driveway minimum dimensions for a specific development proposal, the traffic engineer's final determination may consider the driveway length, adjacent street traffic conditions, inside/outside vehicle visibility, inside/outside turning radii, the quantity of non-residential floor area served by the driveway, or any other factor(s) useful in determining the safety of an acceptable driveway dimension.

(Ord. No. 1412, § 6, 2-13-2017)

Chapter 17.35 - PROPERTY DEVELOPMENT AND MAINTENANCE STANDARDS

These standards shall assure that new or modified uses and development will produce an urban environment of stable, desirable character that is harmonious with the existing and future development, and is consistent with the general plan.

(Ord. 1242 § 1 (part), 1997)

Any permit that authorizes new construction or exterior alteration to an existing structure that is visible to the public shall comply with the provisions of applicable design guidelines. Interior alterations and changes in site plans shall be subject to the storage provisions contained herein.

(Ord. 1242 § 1 (part), 1997)

A.

Where a discretionary permit is required for new construction or for exterior alterations to an existing structure, the deciding body shall evaluate the proposed construction for compliance with adopted design guidelines.

B.

Where a discretionary permit is not required for construction, all plans submitted for building permits shall be reviewed by the planning division for compliance with applicable design guidelines. Applications determined not to be in compliance with this chapter, applicable design guidelines, or conditions approved by the city planning commission or city council shall be disapproved or recommended for cancellation by the building division.

(Ord. 1242 § 1 (part), 1997)

A.

All plans submitted for building permits shall be reviewed for the following:

1.

Flat plywood shall not be used as an exterior siding material. All exterior surfaces shall be finished with paint or other weather protective coating.

2.

Metal grills and gates are allowed if they are ornate and of a unique design, in keeping with the architectural components of the development and neighborhood.

3.

Dry Goods Storage. All residential units must be constructed with adequate storage for the number of occupants or for commercial structures, for the type of occupancy allowed by the construction type.

4.

Trash Receptacle and Recycling Container Storage. All new buildings or buildings where the occupancy is changed or in buildings where an expansion of business area or living space is applied for, including expansion of internal habitable areas, shall provide adequate space to accommodate a trash bin and recycling containers. The storage areas shall be weather-proof, vermin-proof and easily accessible to facilitate solid waste collection. Existing or new dwellings without side yards shall provide an area devoted to such storage that measures three feet by eight feet adjacent and connected to the dwelling's garage. Accessory dwelling units shall utilize the trash and recycling receptacles of the primary dwelling unit on the parcel.

(Ord. 1242 § 1 (part), 1997)

(Ord. No. 1412, § 7, 2-13-2017)

Denial of any building permit application pursuant to this chapter may be appealed by the applicant to the design review committee appointed by the city council pursuant to Chapter 17.45. All appeals must be made in writing to the planning division within thirty days after the date of the denial. The design review committee 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 design review committee shall be final; subject, however, to reconsideration by the city council if requested by the city council.

(Ord. 1242 § 1 (part), 1997)

Chapter 17.36 - HOME OCCUPATIONS

The regulations for a home occupation in this chapter are intended to ensure compatibility between home occupations and other permitted uses in the residential district. The regulations also protect the residential character of neighborhoods in which home occupations are located.

(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 1, 1991: Ord. 635 § 19A.1, 1965)

A "home occupation" is a business, art or profession, the offering of a service, or the handicraft manufacture of products within a residential dwelling. A "home occupation" constitutes a secondary use of a residential dwelling and can be for profit or philanthropic. A "home occupation" is to be located and conducted such that the average neighbor, under normal circumstances, would not be aware of its existence. Any Microenterprise Home Kitchen Operation (MEHKO) as defined by Section 113825 of the California Health and Safety Code shall not be considered a "home occupation" for the purpose of this section. Such uses shall instead be permitted to operate subject to state and county laws and guidelines.

(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 2, 1991: Ord. 635 § 19A.2, 1965; Ord. No. 1453, § 1, 11-22-2021) 17.36.030 - Required conditions.

Home occupations shall comply with the following regulations:

A.

A home occupation shall be clearly secondary to the use of the structure for dwelling purposes.

B.

No one other than residents of the dwelling shall conduct the work of a home occupation or report to work at the dwelling.

C.

A home occupation shall occupy no more than one room. The room shall be no greater than one-fourth the total square footage of any one floor of the dwelling. A home occupation shall not occupy garage space, an accessory building or open space.

D.

No garage space, accessory building or open space shall be used to store equipment, materials or supplies associated with a home occupation. Equipment, materials and supplies shall be stored in the room used for

the home occupation.

At no time shall the temporary interior storage of equipment, materials and supplies used in the operation of the home occupation exceed one hundred cubic feet. The storage area shall be approximately eight feet high, three feet deep and four feet wide.

E.

Sales and exchange of merchandise shall not be permitted at the dwelling.

F.

The existence of a home occupation shall not be evident from outside the dwelling nor shall a home occupation create a nuisance detectable to the normal senses beyond the property lines or beyond the walls of the dwelling unit, if the unit is a part of a two-family or multi-family structure, nor shall a home occupation create health and safety hazards. Therefore, the following are not permitted:

1.

Alterations to the outside of the dwelling;

2.

Entrance to a home occupation directly from outside the dwelling;

3.

Signs and displays;

4.

More than one additional vehicle per hour at the dwelling;

5.

The use of more than one vehicle to conduct a home occupation;

6.

Commercial limousines, taxis, and "on call" service vehicles and passenger carriers are not permitted to be used in conjunction with a home occupation;

7.

Customer or goods pickup and/or deliveries;

8.

The production of noise, amplified sound or music, smoke, odors, vibrations, liquid or solid waste, television, radio or electrical interference;

The generation of television, radio or electrical interference detectable beyond the walls of the dwelling;

10.

The storage of compressed gases, flammable, combustible or hazardous materials, as defined in the Uniform Fire Code;

11.

Mechanical or electrical equipment maintained or installed that exceeds fifteen amperes at one hundred ten volts or equivalent.

G.

Home occupations that provide services such as alterations, dressmaking, tax preparation and individual instructions shall be limited to one student or customer at a time. Music instruction shall be limited to nonamplified instruments;

H.

The planning division may restrict the hours of operation for a home occupation to minimize the impact on neighboring residences.

I.

It is a prima facie violation of the home occupation regulations for any resident to park or store vehicles prohibited by the home occupation regulations on a residential property or any public street within a residential district. The violation is valid whether or not a home occupation license has been obtained by the responsible person or vehicle owner.

(Ord. 1279 §§ 11, 12, 2000: Ord. 1234 § 1 (part), 1996: Ord. 1140 § 3, 1991: Ord. 880 § 1, 1978: Ord. 635 § 19A.3, 1965)

17.36.040 - Excluded occupations.

The following occupations and those of similar character shall not be considered secondary to the use of a residential dwelling and shall not be allowed: automobile repairing, detailing, auto parts sales, vehicle alarm and audio sales and installation, spray finishing operations, welding or cutting operations, vehicle tow services, auto selling and brokering, limousine services, delivery services, dating services and/or escort services, mail order businesses (except for telephone only), food preparation, beauty salons, barber shops, photography studios, health care clinics, including dental, medical, chiropractic and psychological offices, fortunetelling and related arts and practices, massage studio, kennels or other boarding for pets, firearm sales, contractor's office where employees report or assemble prior to going to the job site, roofing businesses and appliance and computer businesses where the repair is performed at the home

(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 4, 1991)

17.36.050 - Issuance.

Application for a home occupation permit shall be made to the planning division on a form provided by the division. No home occupation shall be permitted unless a home occupation permit and business license, as required by this chapter, have been obtained. Both the home occupation permit and the business license shall be renewed annually. A nonrefundable filing fee, as established by the city council by resolution, shall accompany the application. The planning division shall issue a permit upon determining that the proposed home occupation meets all the requirements of this chapter.

(Ord. 1140 § 5, 1991)

Any misrepresentation in the application or change in conditions or use not in accord with the provisions specified in the approved home occupation permit may result in immediate revocation of the home occupation permit.

(Ord. 1234 § 2 (part), 1996: Ord. 1140 § 6, 1991)

The home occupation permit shall expire and the home occupation shall be discontinued one year following the date the home occupation permit was approved. The home occupation may continue to operate if the permit is renewed prior to expiration. Home occupations that already exist shall require new home occupation permits no later than one year after the effective date of the ordinance codified in this section.

(Ord. 1234 § 2 (part), 1996: Ord. 1140 § 7, 1991)

17.36.080 - Procedures for appeal.

Any applicant who has filed a request for a home occupation permit with the planning division or has a home occupation permit revoked shall have the right to appeal the decision of the planning division to the city council. Said appeal shall be in writing and filed with the city clerk within fifteen days following the rendering of any decision by the planning division.

(Ord. 1140 § 8, 1991)

Chapter 17.37 - CONDOMINIUMS AND CONDOMINIUM CONVERSIONS

As used in this chapter, the following definitions shall be used unless otherwise required by context:

A.

"Association" means the homeowners' association for the operation and maintenance of the project, whether incorporated or unincorporated.

B.

"CC&Rs" mean covenants, conditions and restrictions filed or to be filed in connection with the use of the condominium, open space and/or homeowners' association.

C.

"City" means the city of Daly City.

D.

"Common areas" means the entire project excepting all units therein granted or reserved.

E.

"Community apartments/cooperative apartments" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.

F.

"Condominium" means an estate in real property consisting of undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

G.

"Conversion" means the change from single ownership of existing multiple units to individually owned units and common area, stock cooperatives, community apartments or communal ownership.

H.

"Project" means the entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.

I.

"Subdivision" means a subdivision as defined in Section 66424 of the Government Code, or as subsequently amended.

J.

"To divide" means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.

K.

"Unit" means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.

(Ord. 900 § 1 (part), 1980: prior code § 26-100)

The provisions of this chapter shall apply to property divided, or to be divided, into two or more units or to be converted into condominiums or community apartments, and shall be subject to the requirements of Section 1350 et seq., of the California Civil Code, and Section 66410 et seq., of the California Government Code (Subdivision Map Act), Title 16 of this code.

(Ord. 900 § 1 (part), 1980: prior code § 26-101)

17.37.030 - Use permit and subdivision map required.

A.

A use permit pursuant to Chapter 17.44 and a subdivision map pursuant to city and state codes shall be required for the use and development of any lot or parcel of real property for condominiums, conversions, stock cooperatives, community apartments of communal ownership, irrespective of the area or size of such lot or parcel.

B.

A use permit application and subdivision map shall be filed concurrently.

(Ord. 900 § 1 (part), 1980: prior code § 26-102)

Every applicant making application for a permit or report of any kind mentioned in this chapter shall, at the time of making application, pay to the city a nonrefundable fee, to be established by the city council by resolution.

(Ord. 943 § 1, 1981: Ord. 900 § 1 (part), 1980: prior code § 26-113)

In addition to the requirements of Chapter 17.44, each application for the approval of a use permit for condominiums, conversions, or communal ownership shall include the following information and documents:

A.

A plan with at least the following details shown to scale:

1.

Location, height, the gross floor area, proposed structure,

2.

Location, use and type of surfacing of all open storage areas,

3.

Location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas and curb cuts,

Location, height and type of material for walls, fences and hedges,

5.

Location of all landscaped areas, type of landscaping and a statement specifying the method by which the landscaping area shall be maintained,

6.

Location of all recreation facilities and a statement specifying the method of maintenance thereof,

7.

Location of off-street parking facilities to be used in connection with each condominium unit,

8.

Floor plan for each type of unit,

9.

Floor plans for each level, including garage levels;

B.

Three copies of plans and elevations of all structures showing architectural features, types and materials of construction;

C.

Complete set of "as-built" drawings noting any proposed open-space or off-street parking modifications;

D.

Property report describing the condition and useful life of the roof, foundation, paving, structural elements, floor, walls, plumbing, electrical, mechanical noise and energy insulation, sprinklers, alarms, elevators and sound transmission of each unit;

E.

Proposed sale price range of each unit and the terms of any proposed bonus or discount;

F.

Statement of the developer's anticipations regarding the financing of the units upon sale, whether the project will involve prearranged financing, whether such financing will be federally insured and the proposed down-payments;

G.

Reports from the city's building, fire and planning departments on the project's compliance with current city code and ordinance standards;

H.

A copy of a maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas and equipment and fees to be assessed for such purposes. The maintenance plan shall include a sinking fund for major repairs and extraordinary expenses, (landscaping, maintenance and capital improvements);

I.

Three copies of covenants, conditions and restrictions (CC&Rs) that will apply to the proposed development, which CC&Rs shall be reviewed by the planning division and subject to the approval of the city attorney and shall include, but not be limited to, the following provisions:

1.

Provisions in a manner reasonably satisfactory to the city for the maintenance of common areas of any such project by the city in the event of default in the maintenance of such common areas by individual owners of the units and/or homeowners' association and for reimbursement to the city for any costs incurred thereby,

2.

In residential condominium projects, the covenants, conditions and restrictions shall include provisions restricting use of each residential unit to a use as a single-family residence,

3.

Provisions establishing a plan for assignment of off-street parking spaces and enforcement of parking regulations and the non-changing of same without the approval of the city council of city,

4.

Provisions for the payment of charges for collection of garbage where the project, prior to conversion, had common areas for garbage collection;

J.

Three copies of any and all by-laws, articles of incorporation and any and all rules and regulations for the use of the condominiums or common areas;

K.

One copy of any and all documents filed or to be filed with the real estate commissioner;

L.

At the time of filing for a conversion, subdivider shall provide the city with the names and current addresses of tenants occupying each unit over the preceding twelve months;

M.

Where applicable, the following shall also be required:

1.

Structural pest control report,

2.

A copy of the notice of intention to convert or to change to communal ownership sent to each tenant pursuant to Section 17.37.090,

3.

A copy of the report describing all relocation and moving assistance the subdivider will take to ensure the successful relocation of each tenant in the event that conversion takes place pursuant to Section 26-107 17.37.100,

4.

Certification or verification that all tenants have or will receive the report describing the subdivider's relocation assistance program for tenants, pursuant to Section 17.37.100,

5.

Certification or verification that all tenants received the notice of intention to convert or change to communal ownership and the written information accompanying the notice pursuant to Section 17.37.090 and that all prospective and/or new tenants will receive the notice and information promptly,

6.

Rental history detailing current or lowest rental rates, rental rates for the preceding two years and the names of all current tenants and subsequent new tenants.

(Ord. 900 § 1 (part), 1980: prior code § 26-103)

Prior to the approval of a use permit for condominiums or condominium conversions, the planning commission and city council shall make the findings required by Section 17.44.050, and the following findings:

A.

That the condominium project, conversion, stock cooperative or communal ownership will not have a detrimental effect on sound community planning, the economic, ecological, cultural and aesthetic qualities of the community, and on public health, safety and general welfare;

B.

That the overall impact on schools, parks, utilities, neighborhood streets, traffic, parking and other community facilities and resources will not be detrimental;

C.

That tenants over the twelve months preceding the filing of any application required for a conversion shall not have been encouraged to vacate in order to bring about the conversion.

D.

That a vacancy rate of five percent or more, as reported by the California Department of Finance (DOF), has occurred in Daly City during the DOF reporting year preceding any condominium conversion application.

(Ord. 900 § 1 (part), 1980: prior code § 26-104)

(Ord. No. 1400, § 1, 10-12-2015)

Prior to approval or conditional approval of a subdivision for condominiums, conversions, stock cooperatives, community apartments or communal ownership, the planning commission shall make the findings required by Sections 66427.1 and, as applicable, Section 66474 of the State Subdivision Map Act and any other findings required by the laws of the state.

(Ord. 943 § 2, 1981: Ord. 900 § 1 (part), 1980: prior code § 20-105)

The development standards shall be as provided for in the base zoning district.

(Ord. 900 § 1 (part), 1980: prior code § 26-109)

At least sixty days prior to filing a use permit or tentative subdivision map for a conversion, the subdivider shall notify all tenants, individually and in writing, of the building to be converted, the notice to contain the following information:

A.

That the subdivider intends to convert the building;

B.

That the subdivider intends to file an application for a use permit and tentative subdivision map with the city and specifying the approximate date of the filing;

C.

That no current tenant's rent will be increased for six months prior to the date of issuance of this notice until tenant purchase of the unit or tenant relocation in other accommodations takes place; provided, however, that this requirement shall be effective for an additional period not to exceed twelve months from date of sending notice of intention to convert;

D.

That the tenants, as of the date of the application filing, have an exclusive preemptive right to purchase a unit upon the same or more favorable terms and conditions than initially offered to the public, with such right being irrevocable for ninety days after recordation of final map or approval for sale by the State Commissioner of Real Estate, whichever comes later;

E.

That tenants will be given seven days' prior written notice by the subdivider of the date, place and time of any meeting held on the use permit and tentative subdivision map by the planning commission and/or city council and subdivider shall file verification of the sending of the notice prior to or at the hearing on the application.

(Ord. 900 § 1 (part), 1980: prior code § 26-106)

Prior to filing a use permit or subdivision map for a conversion, the subdivider shall cause to be prepared a report describing all relocation and moving assistance and information to be provided to each tenant and all steps the subdivider will take to ensure the successful relocation of each tenant in the event that conversion takes place. The report, to be given to all the tenants, shall specifically state what assistance will be provided to the elderly, handicapped and other tenants who may encounter difficulty finding new quarters. The subdivider shall also consider procedures that would allow hard to relocate tenants to remain as tenants, or that would give such tenants additional time for permanent relocation after termination of tenancy due to the conversion. This provision shall apply only to tenants as of date of notice of intention to convert, pursuant to Section 17.37.090.

(Ord. 900 § 1 (part), 1980: prior code § 26-107)

17.37.110 - Requirements for condominiums, stock cooperatives, community apartments or communal ownership.

In addition to the requirements set forth in Sections 17.37.020, 17.37.090, 17.37.100 and 17.37.120, all condominiums, stock cooperatives, community apartments or communal ownership shall conform to the following requirements:

A.

There shall be no minimum number of units required for a condominium project that involves the creation of a new unit;

B.

For applications proposing the conversion of a rental apartments building to condominiums, the minimum number of existing units within the building at the time of the application submittal shall be forty.

C.

The parcels must be contiguous to each other and all parcels must lie within the corporate limits of the city;

D.

Each condominium unit shall have separate utility meters for gas and electricity;

E.

The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code, state laws and/or regulations and city ordinances. In such cases where present standards cannot reasonably be met and if a variance is granted, the planning commission and/or city council must require the applicant to notify potential buyers of the noise deficiency currently existing within the units.

(Ord. 943 § 4, 1981)

(Ord. No. 1400, § 2, 10-12-2015)

In addition to the requirements set forth in Sections 17.37.020, 17.37.090, 17.37,100 and 17.37,110 of this

chapter, all conversions to condominiums, stock cooperatives, community apartments or communal ownership shall conform to the following requirements:

A.

The city may require structural or mechanical changes reasonably necessary to adequately protect the public health, safety and welfare;

B.

The project converted shall:

1.

If refurbished or restored, meet all building and other code requirements applicable at the time of filing for the conversion; and

2.

Meet all current off-street parking standards for new construction except that an exception may be granted on finding of the following:

a.

That no public streets are within the area of the subdivision,

b.

That there will be no impact upon existing traffic, neighboring streets or parking areas by virtue of the conversion,

c.

That the parking in existence met the applicable laws at the time of construction;

3.

A report shall be filed with the application in content and form satisfactory to the city planner showing the extent to which the proposed conversion will not comply fully with the building and zoning codes and this chapter at the time of filing the application therein, and requesting exceptions from the requirements of the code provisions and/or this chapter and the reasons therefor. Applicant must demonstrate specific hardship in connection with the proposed project;

C.

In projects where the streets and parking places are on private property prior to conversion, the city may require that the streets and parking areas be dedicated to city for such use and may impose such other conditions as it deems necessary;

D.

If a governmental agency or charitable not for profit entity is leasing one or more units, then and in that event, the developer must provide the following:

1.

In the event there is an existing lease, the lease shall be extended for a period of ten years commencing at the expiration date of the existing lease;

2.

If there is a month-to-month tenancy, there shall be an extension of ten years of said tenancy from the date of approval of the conversion;

3.

The terms and conditions for said additional lease period shall be the same terms and conditions in existence as to any existing lease;

4.

The base rent shall remain the same as the base rent at the time of the termination of the existing lease or at the time of the approval of all entitlements hereunder, in the event there is no lease;

5.

The developer shall be entitled to an increase in the base rent during said extended period by no more than the percentage increase of the May to May San Francisco Bay Area CPI over the preceding period. Said increase shall not occur more than once in every twenty-four consecutive month period after the commencement of said extended period.

(Ord. 943 §§ 3, 5, 1981: Ord. 900 § 1 (part), 1980: prior code § 26-108)

A.

In all condominiums, stock cooperatives, community apartments or communal ownership where there is not less than one hundred nor more than five hundred units, the developer, except as to current tenants, shall not market more than the number of units per year as determined as follows:

1.

Pursuant to the formula set forth in subsection (B), subdivision (1) (a), (b) and (c) hereof;

2.

In the event that the turnover rate is less than thirty-three and one-third percent as set forth in the formula in subsection (B), subdivisions 1(a), (b) and (c) herein, then and in that event the developer shall be entitled to market not more than thirty-three and one-third percent each year.

B.

In the event the developer has under his control or ownership five hundred or more contiguous units, then such developer shall not be allowed to apply for any increment of less than five hundred units.

1.

The developer, except as to current tenants, shall not market more than a number of units per year determined by the following formula:

a.

Developer shall supply city with the turnover rate of the units in its project for the past two calendar years preceding the filing of the application;

b.

The total number of units to be converted shall be multiplied by the percentage of the average of the turnover rate for the past two calendar years;

c.

The number of units so determined may be marketed each succeeding year by the developer.

C.

Developer may market more than the base amount per year per increment if the following criteria is met:

1.

That two additional per increment units may be marketed for every unit that is occupied by persons fifty years and older who become owners of such units;

2.

That two additional units per increment may be marketed for every unit that is occupied by families with children sixteen years of age and younger who become owners of such units;

3.

That two additional units per increment may be marketed for every unit that is occupied by handicapped persons who become owners of such units.

(Ord. 943 § 6, 1981: Ord. 900 § 1 (part), 1980: prior code § 26-111)

A.

Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions hereof, a variance may be granted as provided by this section.

B.

Application for a variance shall be made on a prescribed form.

(Ord. 943 § 6, 1981*: Ord. 900 § 1 (part), 1980: prior code § 26-111)

• Editor's note: Ord. 943 contained two Sections "6."

17.37.150 - Public hearing by planning commission.

A.

A public hearing by the planning commission shall be held not less than thirty nor more than ninety days after filing of the application and any request for variance in connection therewith, and notice of such hearing shall be given in the same manner as provided by Section 17.44.030.

B.

The planning commission may designate such conditions in connection with the variance permit as it deems necessary to secure the purposes of this chapter and may require guarantees and evidences that such conditions are being or will be complied with.

C.

Upon completion of the public hearing, the planning commission shall make a written report to the city council, setting forth the recommendations and findings of the planning commission and shall notify applicant in writing of its report.

D.

Upon receipt of the planning commission's report, the city council may, in its discretion, affirm or deny the recommendation of the planning commission. The city council may designate and establish such conditions as it deems necessary in connection with the proposed variance, whether such conditions are different from, less than or in addition to those suggested by the planning commission.

E.

Despite any provision in this chapter to the contrary, failure of the city council to act upon any application for a variance shall not, under any circumstance, constitute an approval of such application.

F.

Any variance permit granted in accordance with the terms of this chapter may be revoked if the terms and conditions imposed by the planning commission or city council are violated.

(Ord. 943 § 7, 1981; Ord. 900 § 1 (part), 1980: prior code § 26-112)

Chapter 17.38 - LOT SIZE AND OPEN SPACE

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.

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)

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)

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 twentyfive 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)

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)

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)

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)

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)

Chapter 17.39 - WIRELESS COMMUNICATIONS FACILITIES

17.39.010 - Purpose.

The purpose and intent of the telecommunications ordinance codified in this chapter is to provide a uniform and comprehensive set of standards for the orderly development of telecommunications facilities consistent with applicable federal standards. The standards contained in this chapter are designed to minimize the adverse visual impacts and operational effects of these facilities using appropriate design, siting and screening techniques while providing for the personal communications needs of residents, local business and government of the city and the region.

(Ord. 1245 § 1 (part), 1997)

A.

Placement of wireless telecommunications facilities, such as antennas, satellite dishes, support structures, base transceiver stations and other devices used for the transmission or reception of electromagnetic waves can have an adverse visual impact on the community. Placement of such facilities can interfere with views of the streetscape, natural vegetation and scenery. Such facilities can conflict with adjacent architecture and with the design and scale of structures in the neighborhood. The cumulative effect of numerous facilities and support structures can create visual blight by concentrating too many facilities upon one site, area or neighborhood.

B.

In order to protect the public health, safety and welfare, it is necessary to insure that the siting of a telecommunications facility is compatible in scale and design with its locale and is sited so as to minimize adverse visual impacts on natural resources, neighborhoods, vistas, view corridors, architecture and structures.

C.

Location of telecommunications facilities on publicly-owned sites is preferred because they already appear to be institutional or infrastructure uses. Telecommunications facilities may be more visually compatible with such facilities and may appear less noticeable than on other sites. Similarly, facilities on structures which already have similar installations (co-location sites) appear less noticeable, up to the point where too many structures create visual clutter. Installations on commercial or industrial structures are generally more compatible with and less noticeable than installations on residential structures due to the design, scale and location of such structures.

D.

Therefore, in order to protect the public health, safety and welfare, it is necessary to adopt the following regulations which will avoid or minimize these impacts and will insure the proper design, location and scale of wireless telecommunications facilities.

(Ord. 1245 § 1 (part), 1997)

For all telecommunications facilities, the applicant shall provide the information listed below. Application for a telecommunications facility shall be made upon a form to be provided by and shall be submitted to the city planning division of the department of economic and community development. The director of economic and community development may waive submittal requirements or require additional information based on project specific factors:

A.

A site plan drawn to a measurable scale showing the metes and bounds and existing features of the site including existing structures, roads, trees, and other significant natural features;

B.

A map showing how the proposed facility fits into the individual service provider's network of existing and proposed antenna sites;

C.

A map identifying all of the applicant's existing telecommunications facilities within city limits. The map shall include an illustration of the estimated coverage area (search area) for all existing and proposed antenna sites for the applicant and/or service provider;

D.

A letter explaining the site selection process including information about other sites that were considered and reasons for their rejection. In addition, carders must demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site;

E.

Visual impact demonstrations using photo-simulations, story poles, elevations or other visual or graphic illustrations to determine potential visual impact including proper coloration and blending of the facility with the proposed site (number of copies, if applicable, to be determined by the director);

F.

A landscape plan that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size and location;

G.

A letter to the director stating that the system, including the antennas and associated base transceiver stations, conforms to the radio-frequency radiation emission standards adopted by the FCC;

H.

Written information on a maintenance program for the facility;

I.

Sufficient information to permit the city to make any required determination under the California Environmental Quality Act (CEQA);

J.

The application information required by Title 17 of the Daly City Municipal Code for the particular permit sought by the application (use permit, administrative use permit or design review application);

K.

Noise/acoustical information for the base transceiver stations and associated equipment such as air conditioning units;

L.

Filing fees and fees for processing and monitoring the permit application as are established by resolution of the city council. The permit fees shall include the pro-rata cost, to be shared equitably by other service providers, of the cost of preparing and adopting appropriate ordinances and regulations related to the placement of telecommunications facilities.

(Ord. 1245 § 1 (part), 1997)

A.

In any instance where a telecommunications facility requires an administrative use permit under this chapter, the director shall have the discretion to require a use permit or a design review permit for such facility.

B.

Modifications to existing wireless communications facilities shall be subject to the review and approval of the director. The director shall have the discretion to require the service provider to obtain an administrative use permit, use permit or design review permit if the director determines that the modifications are significant.

C.

The applicant shall provide written notification to the director upon cessation of operations on the site exceeding a ninety-day period. The applicant shall remove all obsolete or unused facilities from the site within one hundred eighty days of termination of its lease with the property owner or cessation of operations.

D.

If a consecutive period of one hundred eighty days has lapsed since cessation of operations, a new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit.

E.

Use permits and administrative use permits for all telecommunications facilities shall expire five years after permit approval. Use permits for telecommunications facilities that exist on the effective date of the ordinance codified in this chapter shall expire five years from that date. Use permits for such facilities may be renewed for additional five-year periods if the city finds that the facility does not have a significant adverse visual impact or that replacement of the facility with a facility or facilities having less adverse visual impact is not economically or technically feasible.

F.

The applicant shall provide signage as required, including phone numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at the communications equipment/structure.

G.

If the director finds evidence that conditions of approval of a permit for a telecommunications facility have not been fulfilled, the director may refer the permit to the planning commission and city council for review. Upon such review, the city council may modify or revoke the permit if the conditions have not been met.

H.

Prior to issuance of any permits for new telecommunications facilities, or prior to renewing a use permit or administrative use permit for an existing telecommunications facility, the applicant shall provide an irrevocable letter of credit or other reasonable form of security satisfactory to the city attorney for the removal of the facility in the event that its use is abandoned or its use permit or administrative use permit expires or is terminated.

I.

No more than three antenna groupings from three different telecommunications carriers shall be placed on any single monopole, unless technological advances in the design of the antennas make them minimally obtrusive. A maximum of three support structures per site shall be allowed provided the visual impacts can be mitigated to a level of insignificance. A variance from the provisions of this chapter may be obtained. In that case, the applicant must demonstrate that the location of an additional support structure at the site is essential for the provision of service in the applicant's service area, that good faith efforts were made to secure other locations, why these efforts were unsuccessful, and that location at another site is not technically feasible.

(Ord. 1245 § 1 (part), 1997)

17.39.050 - Location of wireless communications facilities.

A.

Location preference for wireless communications facilities should be given to publicly owned structures, co-location sites, and industrial or commercial sites. New wireless communications facilities should avoid sites located within or near residential areas unless the application includes information sufficient to demonstrate: the location and type of preferred sites which exist within the proposed or technically feasible coverage area; that good faith efforts and measures were taken by the carrier to secure the preferred

location sites; specific reasons why such efforts and measures were unsuccessful; and why the location of the proposed facility site is essential to meet the service demands of the applicant.

B.

Preference shall also be given to locations for wireless communications facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to, buildings, water tanks, telephone and utility poles, signage and sign standards, traffic signals, light standards, and roadway overpasses.

(Ord. 1245 § 1 (part), 1997)

A.

No telecommunications facility may be installed or erected except upon approval of a use permit, administrative use permit and/or design review permit as set out in Title 17.

B.

Table 39.1 identifies the type of permit required in each zoning classification:

Table 39.1 Required Permit Matrix

C.

As used in this section, the following definitions apply:

1.

Commercial/industrial zone shall mean the C-1, C-2, C-O, I-D and M zoning districts.

2.

Publicly-owned shall mean publicly-owned land or structures located in all zoning districts.

Residential zone shall mean the R-1, R-2, R-3, R-4, I-D, Pre-PD, P-D zoning districts.

D.

The director may require the applicant to submit additional documentation prepared at the applicant's cost which the director deems necessary to evaluate the proposed site or facility, including but not limited to, identifying locations where a facility can be installed without prohibiting the applicant's ability to provide its telecommunications service, information concerning the applicant's network of telecommunications facilities, site selection criteria and radio frequency emission coverage.

E.

In granting or denying any permit required by this chapter, the city shall make written findings as set out in Title 17 of the Municipal Code for the particular permit sought. In granting or denying such a permit, the city shall consider the maximum extent to which the particular telecommunications facility at issue can comply with the standards of this chapter without prohibiting the provision of personal wireless services. The

findings shall be based upon substantial evidence in light of the whole record. Where an administrative use permit is issued by the director, he or she shall make the findings set out in Section 17.49.070 of the Municipal Code.

F.

The city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternatively, the city may direct the applicant to redesign or relocate the facility and resubmit a revised proposal for further consideration.

(Ord. 1245 § 1 (part), 1997)

A.

All proposed telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible.

B.

To the extent feasible, all facade-mounted telecommunications facilities shall be sited and designed to appear as an integral part of the structure.

C.

Facade-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly-created architectural feature so as to be completely screened from view. To the extent feasible, facade-mounted antennas should not be located on the front or most prominent facade of a

structure and should be located out of the pedestrian line-of-sight, unless stealthing techniques reasonably eliminate visual impacts.

D.

Whenever possible, base transceiver stations, equipment cabinets, back-up generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable).

E.

Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as technically possible to minimize visibility from street level locations. Where appropriate, construction of a rooftop parapet wall or other appropriate screening to hide the facility may be required.

F.

No advertising signage or identifying logos shall be displayed on any telecommunications facility, except for small identification plates used for emergency notification or hazardous or toxic materials warning.

G.

The applicants are encouraged to consider providing architectural treatments and to use "stealth techniques" to reduce potential visual impacts for all telecommunication facilities, and especially for those proposed in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques can be required as conditions of approval when determined to be necessary to mitigate adverse visual impacts.

H.

The colors and materials of telecommunications facilities shall be chosen to minimize the visual impact of the facilities. All telecommunications facilities shall be painted a nonreflective matte finish color to blend with the sky and/or predominant surroundings. The exact color shall be determined based upon a photosimulation submitted by the applicant.

I.

Landscaping, wherever appropriate, shall be used as screening to reduce the visual impacts of telecommunications facilities. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity.

J.

Any vegetation that is disturbed during construction shall be restored to its original condition. Planting used for restoration shall be similar to the existing vegetation in the area.

K.

The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure.

L.

All proposed base transceiver stations shall be the minimum size and number feasible for the operation of the telecommunications network.

(Ord. 1245 § 1 (part), 1997)

A.

Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement.

B.

All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

C.

Where appropriate, the applicant shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees in an amount equal to one hundred fifty percent of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for a minimum period of one year.

D.

The emphasis of the landscape plan shall be to visually screen the proposed facility and stabilize soils on sloping sites.

E.

Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the project area.

(Ord. 1245 § 1 (part), 1997)

17.39.090 - Public safety.

A.

In addition to providing visual screening, each telecommunications facility may require fencing, anticlimbing devices, electronic devices or other techniques to prevent unauthorized access and vandalism;

however, the use of fencing shall not add to the visual impact of the facility and the design of the fencing shall be subject to planning division review and approval.

B.

All security fencing or walls shall be designed to be graffiti-resistant. The applicant shall be responsible for graffiti-free maintenance of all telecommunication facilities.

C.

In the event of a disaster or emergency, the installations shall not interfere with any city emergency service telecommunications facilities transmission.

D.

Each telecommunications carrier may be required to provide additional information to the public by means of community meetings and/or distribution of relevant literature.

(Ord. 1245 § 1 (part), 1997)

Normal maintenance activities shall only occur between the hours of seven a.m. and five p.m. Monday through Saturday, excluding emergency repairs, unless the carrier requests and receives approval through a use permit or an administrative use permit for a different maintenance period. Backup generators shall only be operated during power outages or for testing and maintenance between the hours of seven a.m. and five p.m., Monday through Saturday.

(Ord. 1245 § 1 (part), 1997)

If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment, the applicant shall be required to replace or upgrade the approved facility upon renewal of a permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors.

(Ord. 1245 § 1 (part), 1997)

Wireless communications facilities operating alone and in conjunction with other telecommunications facilities shall not generate electromagnetic frequency (EMF) radiation in excess of the standards for permissible human exposure to EMF as adopted by the Federal Communications Commission (FCC).

(Ord. 1245 § 1 (part), 1997)

A.

Facade mounted telecommunications facilities shall be allowed in all zoning districts subject to approval of a permit and must comply with the development standards included herein. Facade-mounted facilities proposed for sites zoned and used for residential purposes shall require a use permit.

B.

Facade-mounted antennas shall be camouflaged by incorporating the antennas as part of the dominant design element of the building.

C.

Facade-mounted antennas shall be painted and textured to match the existing structure, unless used as a design element consistently throughout the building which is found to add visual interest to the building. When used as a design element, dummy elements may be required to be installed in order to retain the architectural integrity of the building.

D.

Antennas and the associated mountings shall generally not project beyond a maximum of eighteen inches from the face of the building.

(Ord. 1245 § 1 (part), 1997)

17.39.140 - Roof-mounted telecommunications facilities.

A.

Roof-mounted telecommunications facilities shall be allowed in all zoning districts subject to approval of a permit but must comply with the development standards included in this chapter. Roof-mounted facilities proposed for sites zoned and used for residential purposes shall require a use permit.

B.

Freestanding roof-mounted antennas shall not be allowed on residential buildings. However, roof-mounted antennas that incorporate appropriate stealth techniques are allowed on buildings with residential uses.

C.

Freestanding roof-mounted antennas shall not be allowed when they are placed in direct line of sight of significant view corridors or where they significantly affect scenic vistas. However, such facilities shall be allowed with incorporation of appropriate stealth techniques.

D.

The height of freestanding roof-mounted antennas including the support structure, shall not exceed the maximum height allowed for buildings in the zoning district in which the antenna is to be constructed, plus nine feet, pursuant to Section 17.40.040(A) of the Municipal Code. Antennas that require additional height shall be subject to a use permit and may be required to provide additional screening as determined appropriate by the planning commission and city council.

E.

All roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized.

F.

All roof-mounted facilities shall be painted a nonreflective matte finish using an appropriate color that blends with the backdrop. The final choice of colors shall be determined by the planning division on a caseby-case basis.

G.

The equipment cabinets, if located on the rooftop of buildings, shall be so located as to be minimally visible from public rights-of-way.

(Ord. 1245 § 1 (part), 1997)

17.39.150 - Ground-mounted telecommunication facilities.

A.

Ground-mounted antennas may be allowed in all zoning districts subject to a use permit.

B.

Ground-mounted telecommunications facilities shall generally not be allowed within three thousand feet of an existing telecommunications facility, unless the director can make a determination that the cumulative visual impacts are not significant.

C.

Ground-mounted antennas shall be no taller than fifteen feet, including the height of the antennas.

D.

All proposed ground-mounted telecommunications facilities shall require a visual analysis which includes photo simulations demonstrating the appearance of the site prior to and after installation.

E.

Whenever possible, proposed telecommunications facilities shall be located within easy reach of existing access roads.

F.

Ground-mounted facilities shall be painted using nonreflective matte finished shades of green and brown; however, the final choice of colors shall be determined on a case by case basis.

G.

Landscaping shall be used to minimize any visual impacts. All proposed vegetation shall be compatible with existing vegetation in the area and shall be drought tolerant.

H.

All associated base transceiver stations (BTS) for ground-mounted facilities shall be limited to a maximum height of five feet above grade, unless other techniques are adopted to ensure minimal visual impact. BTS that are taller may be partially buried underground or use existing contours and level differences to maintain the five-foot height limit.

• (Ord. 1245 § 1 (part), 1997)

17.39.160 - Freestanding monopoles.

A.

All monopoles shall require a use permit issued by the planning commission and city council.

B.

Freestanding monopoles shall be located and designed to minimize visual impacts. Freestanding monopoles in high visibility locations as determined by the director (as in some commercial areas), shall incorporate stealth techniques to camouflage them as a piece of art/sculpture, a clocktower, flag pole or other interesting, appropriate and compatible visual form.

C.

Monopoles may not be located within the required front yard setback of any property, unless appropriate architectural elements for a stealth facility are incorporated in the design of the monopole.

D.

The applicant shall specifically state the reasons for not co-locating on any of the existing monopoles and lattice towers within a three thousand-foot radius. As part of the application package, the applicant may also be asked to provide a letter from the telecommunications carder owning or operating the existing facility stating reasons for not permitting co-location.

E.

Freestanding monopoles shall generally not be allowed within one thousand feet of each other, except when the visual impacts are not significant.

F.

All monopoles shall be designed at the minimum functional height required.

G.

As a condition of approval for all freestanding monopoles, all telecommunications carriers proposing a monopole shall provide a written commitment to the director that they shall allow other wireless carriers to

co-locate antennas on the monopoles where technically and economically feasible.

H.

Minor modifications to the communications equipment design, location, elevations, and other elements of the above standards may be allowed, subject to the approval of the director, if such modifications are in keeping with the architectural statement and layout design of the original approval.

(Ord. 1245 § 1 (part), 1997)

17.39.170 - Co-location of telecommunications facilities.

A.

Facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service providers.

B.

All second and third tier co-location antenna projects shall require an administrative use permit, provided that the main support structure, antenna, pole or project site has received approval through a use permit process and the structure does not exceed sixty-five feet in height.

C.

Co-location of facilities on existing monopoles that increase the height of the monopole by fifteen feet or less, where the BTS and facilities are adequately screened and the facility does not impact existing parking facilities on site, shall require an administrative use permit.

D.

All telecommunications carriers shall provide a letter to the director stating their willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible.

E.

In order to avoid an "antenna farm" appearance, no more than three antenna groupings from three different telecommunications carriers shall be placed on any single monopole, unless technological advances in the design of the antennas make them minimally obtrusive. A maximum of three support structures per site shall be allowed unless the visual impacts can be mitigated to a level of insignificance.

(Ord. 1245 § 1 (part), 1997)

A.

The base transceiver stations (BTS) shall be placed in areas so they are least visible from public rights-ofway and have minimal visual impacts. Wherever possible, the BTS shall be located away from open spaces and required yard setbacks and shall be placed within the building envelope area. Any visible portion of the

BTS shall be treated to be architecturally compatible with the surrounding structures and screened using appropriate techniques.

B.

Proposed base transceiver stations (BTS) may require screening from public view. Screening techniques may include landscape treatment and/or architectural treatment to make it compatible with existing buildings, or partially burying the cabinets.

C.

The BTS sizes and the proposed number of cabinets shall be the absolute minimum required to function. Any future additions to the number of BTS shall be subject to review and approval by the director.

D.

If the contents of the BTS contains toxic or hazardous materials, a sign shall be placed on or around the exterior of the BTS warning the public. The size and placement of the sign shall be subject to review and approval by the director.

E.

Additional acoustical baffling equipment or techniques may be required if the BTS exceeds acceptable noise levels.

(Ord. 1245 § 1 (part), 1997)

17.39.190 - Definitions.

As used in this chapter, the following terms are defined:

1.

"Analog" means a signal that is continuous and varies in voltage to reflect variations to a certain extent, such as loudness.

2.

"ANSI" means American National Standards Institute, a private organization that develops widely accepted standards for various modem day equipment.

3.

"ANSI/IEEE" means the current version of the ANSI standard governing human exposure to RFR. The full title of the C95.1-1992 of the ANSI RFR standard is "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 Khz to 300 Ghz." FCC recently adopted NCRP Report No. 86 (1986) to govern RFR exposure.

4.

"Antenna" means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

5.

"Base transceiver station (BTS)" means the electronic equipment housed in cabinets that together with antennas comprises a PCS facility or "site." The cabinets include an air conditioning unit, heating unit, electrical supply, telephone hook-up and back-up power supply.

6.

"Cellular service" means a wireless transmission technology that uses a grid of antennas or cell sites to send and receive signals from mobile telephones.

7.

"Co-location" means a telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one telecommunications carrier.

8.

"CPUC" means California Public Utility Commission.

9.

Digital. "Digital signal" means a nominally discontinuous electrical signal that changes from one state to another in discrete steps. "Digital compression" allows large amounts of information to be squeezed into a single conduit, allowing video images to be transported in the same amount of space that previously could carry only voice.

10.

"Director" means the director of economic and community development of the city of Daly City or his or her authorized replacement.

11.

"Facade-mounted antenna" means an antenna that is directly attached or affixed to any facade of a building. Also known as building-mounted antennae.

12.

"EMF" means electro-magnetic field.

13.

"ERP" means effective radiated power, the amount of power emitted by an antenna.

14.

"ESMR" means enhanced specialized mobile radio.

"FCC" means Federal Communications Commission, the federal government agency that licenses all radio services.

16.

"Freestanding monopole" means a stand-alone structure that is not camouflaged.

17.

"Freestanding" means a stand-alone structure that is attached to the roof of a building and not to the facade of the building.

18.

"Ground-mounted antenna" means an antenna with its support structure placed directly on the ground, the total height of which does not exceed fifteen feet including the height of the antennas.

19.

"Hertz" means a unit of frequency or cycles per second, abbreviated as Hz.

"IEEE" means Institute of Electrical and Electronic Engineers.

21.

Ionizing radiation means electromagnetic energy above visible light. Includes ultraviolet, nuclear or radioactive emissions, x-rays and gamma rays. These energies have sufficient energy to remove electrons from individual atoms. Wireless telecommunication facilities do not emit ionizing radiation.

22.

"Ghz" means gigahertz or 1,000,000,000 cycles per second (1,000 MHZ = 1 Ghz).

23.

"Lattice tower" means an open steel frame structure used to support telecommunications equipment.

24.

"MHZ" means megahertz or 1,000,000 cycles per second.

25.

"Microwave" means that portion of the radio spectrum between 950 MHZ and 30,000 MHZ.

26.

"Monopole" means a structure composed of a single spire used to support communications equipment.

"NCRP" means National Council on Radiation Protection and Measurements, a quasi-governmental entity created to examine RFR exposure level guidelines.

28.

"NIER" means non-ionizing electromagnetic radiation. Low energy and low frequency electro-magnetic energy. Includes visible light, television pagers, AM/FM radio, and personal communications services (PCS) systems.

29.

"Omni-directional antenna" means an antenna that is equally effective in all directions, the size of which varies with the frequency for which it is designed.

30.

"Panel antenna" means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices approximately six square feet or less in size. Also known as directional antennas.

31.

"PCS" means personal communications services, a common carrier radio service licensed by FCC to operate in the 1,850-1,990 MHZ frequency band.

32.

"RFR" means radio frequency radiation.

33.

"Roof-mounted" means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

34.

"SMR" means specialized mobile radio. Equivalent to private versions of cellular radio systems.

35.

"Stealth facility" means any communications facility which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted and treated as architectural elements to blend with the existing building. Also known as concealed telecommunications facilities.

36.

"Telecommunications" means any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electro-magnetic system that work on a "line-of-sight"

principle.

37.

"Telecommunication facility" means a land use facility supporting antennas that sends and/or receives radio frequency signals. Telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets (base transceiver stat-ions), and other accessory development.

38.

"Telecommunication tower" means a monopole, lattice tower, freestanding tower or other structures designed to support antennas.

39.

"Whip antenna" means an antenna that transmit signals in three hundred sixty degrees. Whip antennas are typically cylindrical in shape. They are also known as omni-directional, stick or pipe antennas.

40.

"WTS" means wireless telecommunication system.

41.

"WTB" means wireless telecommunications.

(Ord. 1245 § 1 (part), 1997)

Chapter 17.40 - MISCELLANEOUS USE REGULATIONS

17.40.010 - Removal or importation of natural materials.

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)

17.40.040 - Building height exceptions.

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 twelvemonth 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)

17.40.060 - Locational standards for massage parlors, tanning salons and similar uses.

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;

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)

17.40.070 - Locational standard for smoke shops and tobacco store businesses.

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)

17.40.080 - Locational standards for payday lending establishments and similar uses.

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)

17.40.085 - Accessory structures.

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;

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.

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;

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)

17.40.120 - Reserved.

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.

17.40.130 - Appeal rights.

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)

17.40.140 - Reserved.

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.

Chapter 17.41 - WATER CONSERVATION IN LANDSCAPING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 1407, § 1, adopted Feb. 22, 2016, repealed former Ch. 17.41, §§ 17.41.010— 17.41.140, and enacted a new chapter as set out herein. The former chapter pertained to similar subject matter. For prior history, see Code Comparative Table.

17.41.010 - Applicability.

A.

The provisions of this chapter shall apply to all of the following landscape projects:

1.

New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check or design review;

2.

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than one thousand square feet requiring a building or landscape permit, plan check, or design review;

3.

Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in Section XIII "Provisions for Existing Landscapes Over One Acre in Size."

4.

Cemeteries. New and rehabilitated cemeteries shall only be subject to the provisions of Section 17.41.070, "water budget calculations," Section 17.41.120, "landscape audit report," and Section 17.41.140, "landscape and irrigation maintenance schedule." Existing cemeteries are limited to Section 17.41.200, "provisions for existing landscapes over one acre in size."

B.

Any project with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in appendix D.

C.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to appendix D section (b)(5).

D.

This chapter does not apply to:

1.

New construction with irrigated landscape areas less than five hundred square feet, rehabilitated landscapes with irrigated landscape areas less than one thousand square feet, or landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service;

Landscapes, or portions of landscapes, that are only irrigated for an establishment period;

3.

Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation;

4.

Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or

5.

Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms.

(Ord. No. 1407, § 2, 2-22-2016)

17.41.020 - Definitions.

A.

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

B.

"Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

C.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

D.

"Certificate of completion" means the document required under Section 492.9 of the California Code of Regulations.

E.

"Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation designer certification program and irrigation association's certified irrigation designer program.

F.

"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation auditor certification program and irrigation association's certified landscape irrigation auditor program.

G.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

H.

"Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

I.

"Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

J.

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

K.

"Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

L.

"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

M.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

N.

"Effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth.

O.

"Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

P.

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Q.

"Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

R.

"Estimated total water use" (ETWU) means the total water used for the landscape as described in Section 17.41.070.

S.

"ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

T.

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

U.

"Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

V.

"Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

W.

"Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

X.

"Fuel modification plan guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

Y.

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. See Health and Safety Code Section 17922.12.

Z.

"Hardscapes" means any durable material (pervious and non-pervious).

AA.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

BB.

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

CC.

"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

DD.

"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program.

EE.

"Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this chapter are 0.75 for overhead spray devices and 0.81 for drip systems.

FF.

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

GG.

"Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

HH.

"Landscape architect" means a person who holds a license to practice landscape architecture in the State of California, see Business and Professions Code Section 5615.

II.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

JJ.

"Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

KK.

"Landscape documentation package" means the documents required under Section 17.41.050.

LL.

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section 17.41.030.

MM.

"Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

NN.

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

OO.

"Local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the chapter. The local agency is also responsible for the enforcement of this

chapter, including but not limited to, approval of a permit and plan check or design review of a project.

PP.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

QQ.

"Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

RR.

"Low water use plant" means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants.

SS.

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

TT.

"Master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

UU.

"Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 17.41.080. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].

VV.

"Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

WW.

"Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

XX.

"Microspray" means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets.

YY.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

ZZ.

"Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

AAA.

"Native plant" means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of central and northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project's vicinity.

BBB.

"New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

CCC.

"Non-residential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development.

DDD.

"No-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.

EEE.

"Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

FFF.

"Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).

GGG.

"Overspray" means the irrigation water which is delivered beyond the target area.

HHH.

"Parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

III.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

JJJ.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

KKK.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

LLL.

"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 17.41.080, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

MMM.

"Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

NNN.

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

OOO.

"Recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

PPP.

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

QQQ.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, coolseason grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

RRR.

"Regional water efficient landscape ordinance" means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

SSS.

"Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1 of the California Code of Regulations, and the modified landscape area is equal to or greater than two thousand five hundred square feet.

TTT.

"Residential landscape" means landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners.

UUU.

"Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

VVV.

"Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

WWW.

"Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

XXX.

"Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

YYY.

"Sprinkler head" or "spray head" means a device which delivers water through a nozzle.

ZZZ.

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

AAAA.

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

BBBB.

"Swimming pool" means any structure intended for swimming, recreational bathing or wading that contains water over twenty-four inches (six hundred ten mm) deep. This includes in-ground, above ground, and onground pools; hot tubs; spa and fixed in place wading pools.

CCCC.

"Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

DDDD.

"Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

EEEE.

"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

FFFF.

"Valve" means a device used to control the flow of water in the irrigation system.

GGGG.

"Water conserving plant species" means a plant species identified as having a very low or low plant factor.

HHHH.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools

(where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

IIII.

"Watering window" means the time of day irrigation is allowed.

JJJJ.

"WUCOLS" means the current version of the water use classification of landscape species current edition published by the University of California Cooperative Extension and the Department of Water Resources, available at: http://ucanr.edu/sites/WUCOLS/Download_WUCOLS_IV_List/

(Ord. No. 1407, § 2, 2-22-2016)

17.41.030 - Water conservation in landscaping requirements.

A.

All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete the landscape project application and documentation package (Section 17.41.050) and (2) comply with the landscape and irrigation maintenance schedule (Section 17.41.140) requirements of this chapter.

B.

All owners of existing landscapes over one acre in size, even if installed before enactment of this chapter, shall: (1) comply with local agency programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff.

(Ord. No. 1407, § 2, 2-22-2016)

17.41.040 - Compliance with this chapter.

A.

The local agency shall:

1.

Provide the project applicant with the ordinance and landscape project application and documentation package requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service;

2.

Review the landscape project application submitted by the project applicant;

Approve or deny the project applicant's landscape project application submittal;

4.

Issue or approve a permit, plan check or design review that complies with the approved landscape project application or approve a new or expanded water service application that complies with the approved landscape project application;

5.

Submit a copy of the complete landscape project application to the local water purveyor or land use authority, as the case may be.

B.

The project applicant shall:

1.

Prior to construction, submit all portions of the landscape project application, except the landscape audit report, to the local agency; and

2.

Upon approval of the landscape project application by the local agency:

a.

Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;

b.

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

c.

Submit a copy of the water efficient landscape worksheet to the local water purveyor.

(Ord. No. 1407, § 2, 2-22-2016)

17.41.050 - Landscape project application and documentation package.

A.

The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this chapter. In completing the landscape project application, project applicants may choose one of two options to demonstrate that the landscape meets the chapter's water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the chapter. The options include:

Planting restrictions:

a.

The landscape areas may include no turf or high-water using plants; and

b.

At least eighty percent of the plants in landscape areas shall be native plants, low-water using plants, or no-water using plants; or

2.

Water budget calculation option (Section 17.41.170).

B.

The landscape project application shall include the following elements:

1.

Project information:

a.

Date;

b.

Project applicant;

c.

Project address (if available, parcel and/or lot numbers);

d.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

e.

Total landscape area (square feet);

f.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;

g.

Checklist of all documents in landscape documentation package;

h.

Project contacts to include contact information for the project applicant and property owner;

i.

Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."

2.

Water budget calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section 17.41.070);

3.

Soil management report or soil management survey (Section 17.41.060);

4.

Landscape design plans (Section 17.41.080);

5.

Irrigation system design plans (Section 17.41.090);

6.

Landscape audit report (Section 17.41.120); and

7.

Grading design plan or grading design survey (Section 17.41.100).

(Ord. No. 1407, § 2, 2-22-2016)

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, or the applicant shall complete a soil management survey (appendix E). The soil management report shall be completed as follows:

1.

Submit soil samples to a laboratory for analysis and recommendations.

a.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

b.

The soil analysis shall include:

1.

Soil texture;

2.

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

3.

pH;

4.

Total soluble salts;

5.

Sodium;

6.

Percent organic matter; and

7.

Recommendations.

c.

In projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of one in seven lots or approximately fifteen percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

2.

The project applicant, or his/her designee, shall comply with one of the following:

a.

If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or

b.

If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.

3.

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

4.

The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with certificate of completion.

(Ord. No. 1407, § 2, 2-22-2016)

Project applicant may elect to complete a water budget calculation for the landscape project using the water efficient landscape worksheet in appendix B.

Water budget calculations, if prepared, shall adhere to the following requirements:

A.

The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

B.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

C.

All special landscape areas (SLA) shall be identified and their water use included in the water budget calculations.

D.

The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas and 0.45 for non-residential areas.

E.

ETo values from the reference evapotranspiration table in appendix A shall be used in calculating the maximum applied water allowance (MAWA) and estimated total water use (ETWU). For geographic areas not covered in appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

F.

MAWA shall be calculated using the equation below:

MAWA = (ETo) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas

MAWA = (ETo) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas

Where:

MAWA = Maximum applied water allowance (gallons per year)

ETo = Reference evapotranspiration (inches per year)

0.62 = Conversion factor (to gallons)

0.55 = Reference evapotranspiration adjustment factor (ETAF) for residential areas

0.45 = Reference evapotranspiration adjustment factor (ETAF) for non-residential areas

LA = Landscape area including SLA (square feet)

0.45 = Additional water allowance for SLA in residential areas

0.55 = Additional water allowance for SLA in non-residential areas

SLA = Special landscape area (square feet)

G.

A local agency or project applicant may consider effective precipitation (twenty-five percent of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA:

1.

MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas.

2.

MAWA = (ETo - EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

H.

Estimated total water use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA.

==> picture [180 x 36] intentionally omitted <==

Where:

ETWU = Estimated total water use per year (gallons)

ETo = Reference evapotranspiration (inches)

PF = Plant factor from WUCOLS (see Section 491 [California Code of Regulations])

HA = Hydrozone area [high, medium, and low water use areas] (square feet)

0.75 = Irrigation efficiency (IE) for overhead spray devices

0.81 = Irrigation efficiency (IE) for drip system devices

SLA = Special landscape area (square feet)

0.62 = Conversion factor

(Ord. No. 1407, § 2, 2-22-2016)

17.41.080 - Landscape design plan.

A.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

1.

Plant Material.

a.

Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:

1.

Protection and preservation of native species and natural vegetation;

2.

Selection of water-conserving plant, tree and turf species, especially local native plants;

3.

Selection of plants based on local climate suitability, disease and pest resistance;

4.

Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;

Selection of plants from local and regional landscape program plant lists; and

6.

Selection of plants from local fuel modification plan guidelines.

b.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 17.41.090.

c.

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

1.

Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

2.

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth;

3.

Consider the solar orientation for plant placement to maximize summer share and winter solar gain.

d.

Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

e.

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

f.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local fuel modification plan guidelines.

g.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

h.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

2.

Water Features.

a.

Recirculating water systems shall be used for water features.

b.

Where available, recycled water shall be used as a source for decorative water features.

c.

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

d.

Pool and spa covers are required on any newly constructed pool or spa.

3.

Soil Preparation, Mulch and Amendments.

a.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

b.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 17.41.060).

c.

For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

d.

A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

e.

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

f.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

g.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

B.

The landscape design plan, at a minimum, shall:

1.

Delineate and label each hydrozone by number, letter, or other method;

2.

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

3.

Identify recreational areas;

4.

Identify areas permanently and solely dedicated to edible plants;

5.

Identify areas irrigated with recycled water;

6.

Identify type of mulch and application depth;

Identify soil amendments, type, and quantity;

8.

Identify type and surface area of water features;

9.

Identify hardscapes (pervious and non-pervious);

10.

Identify location, installation details, and twenty-four-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional water quality control board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 17.41.150.

11.

Identify any applicable rain harvesting or catchment technologies as discussed in Section 17.41.150 and their twenty-four-hour retention or infiltration capacity;

12.

Identify any applicable graywater discharge piping, system components and area(s) of distribution;

13.

Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

14.

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)

(Ord. No. 1407, § 2, 2-22-2016)

17.41.090 - Irrigation design plan.

A.

This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation,

management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

1.

System.

a.

Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of one thousand square feet but not more than five thousand square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of five thousand square feet or greater. A landscape water meter may be either:

1.

A customer service meter dedicated to landscape use provided by the local water purveyor; or

2.

A privately owned meter or submeter.

b.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

c.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

1.

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

2.

Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

d.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic

conditions. Irrigation should be avoided during windy or freezing weather or during rain.

e.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

f.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.

g.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of five thousand square feet or larger.

h.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

i.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

j.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

k.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

l.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 17.41.070 regarding the maximum applied water allowance.

m.

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed

in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

n.

It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

o.

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

p.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

q.

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

r.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

s.

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

t.

Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

u.

Overhead irrigation shall not be permitted within twenty-four inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

1.

The landscape area is adjacent to permeable surfacing and no runoff occurs;

2.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or

3.

The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 17.41.090 prevention of overspray and runoff must be confirmed during the irrigation audit.

v.

Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

2.

Hydrozone.

a.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

d.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

1.

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

2.

The plant factor of the higher water using plant is used for calculations.

e.

Individual hydrozones that mix high and low water use plants shall not be permitted.

f.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table (see appendix B section A). This table can also assist with the irrigation audit and programming the controller.

B.

The irrigation design plan, at a minimum, shall contain:

1.

Location and size of separate water meters for landscape;

2.

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

3.

Static water pressure at the point of connection to the public water supply;

4.

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

5.

Recycled water irrigation systems as specified in Section 17.41.160;

6.

The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

7.

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

d landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

(Ord. No. 1407, § 2, 2-22-2016)

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan or completed grading design survey (appendix E) shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

1.

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

a.

Height of graded slopes;

b.

Drainage patterns;

c.

Pad elevations;

d.

Finish grade; and

e.

Stormwater retention improvements, if applicable.

2.

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

a.

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes;

b.

Avoid disruption of natural drainage patterns and undisturbed soil; and avoid soil compaction in landscape areas.

(Ord. No. 1407, § 2, 2-22-2016)

A.

The certificate of completion (see appendix C for a sample certificate) shall include the following six elements:

1.

Project information sheet that contains:

a.

Date;

b.

Project name;

c.

Project applicant name, telephone, and mailing address;

d.

Project address and location; and

e.

Property owner name, telephone, and mailing address;

2.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package;

a.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

b.

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

3.

Irrigation scheduling parameters used to set the controller (see Section 17.41.130);

4.

Landscape and irrigation maintenance schedule (see Section 17.41.140);

Irrigation audit report (see Section 17.41.120); and

6.

Soil analysis report or soil management survey, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see Section 17.41.060).

B.

The project applicant shall:

1.

Submit the signed certificate of completion to the local agency for review;

2.

Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.

C.

The local agency shall:

1.

Receive the signed certificate of completion from the project applicant; approve or deny the certificate of completion. If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(Ord. No. 1407, § 2, 2-22-2016)

17.41.120 - Landscape audit report.

A.

The landscape audit report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system were installed as specified in the landscape and irrigation design plan, system tuneup, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule.

B.

The landscape audit report shall include the following statement: "The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the Ordinance and the permit."

C.

Local agency shall administer on-going programs that may include, but not be limited to, post-installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget

calculations to evaluate compliance with the MAWA.

(Ord. No. 1407, § 2, 2-22-2016)

A.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

1.

Irrigation scheduling shall be regulated by automatic irrigation controllers.

2.

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

a.

The plant establishment period;

b.

The established landscape; and

c.

Temporarily irrigated areas.

5.

Each irrigation schedule shall consider for each station all of the following that apply:

a.

Irrigation interval (days between irrigation);

b.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

c.

Number of cycle starts required for each irrigation event to avoid runoff;

d.

Amount of applied water scheduled to be applied on a monthly basis;

e.

Application rate setting;

f.

Root depth setting;

g.

Plant type setting;

h.

Soil type;

i.

Slope factor setting;

j.

Shade factor setting; and irrigation uniformity or efficiency setting.

(Ord. No. 1407, § 2, 2-22-2016)

17.41.140 - Landscape and irrigation maintenance.

A.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

B.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

D.

A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.

(Ord. No. 1407, § 2, 2-22-2016)

A.

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

B.

Project applicants shall refer to the local agency or regional water quality control board for information on any applicable stormwater technical requirements.

C.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 17.41.080(A)(3).

D.

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: (1) the oneinch, twenty-four-hour rain event or (2) the eighty-fifth percentile, twenty-four-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

E.

It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

2.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

3.

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

4.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

5.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

6.

Incorporate infiltration beds, swales, basins and drywells to capture stormwater and dry weather runoff and increase percolation into the soil.

7.

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

(Ord. No. 1407, § 2, 2-22-2016)

17.41.160 - Recycled water.

A.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

B.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

C.

Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

(Ord. No. 1407, § 2, 2-22-2016)

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 17.41.010(B) for the applicability of this chapter to landscape areas less than two thousand five hundred square feet with the estimated total water use met entirely by graywater.

(Ord. No. 1407, § 2, 2-22-2016)

The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate.

(Ord. No. 1407, § 2, 2-22-2016)

A local agency may by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.

(Ord. No. 1407, § 2, 2-22-2016)

This section shall apply to all existing landscapes that were installed before March 8, 2016 and are over one acre in size.

A.

Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

1.

For landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as:

MAWA = (0.8) (ETo)(LA)(0.62).

2.

For landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

3.

All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor.

B.

Water Waste Prevention.

1.

Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.

2.

Restrictions regarding overspray and runoff may be modified if:

a.

The landscape area is adjacent to permeable surfacing and no runoff occurs; or the adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping.

(Ord. No. 1407, § 2, 2-22-2016)

A.

Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this chapter to fail to comply with the outdoor water use efficiency requirements of this chapter. The City of Daly City has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this chapter. Whenever the City of Daly City determines that a violation of this chapter has occurred, the City of Daly City may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety days to take corrective action.

B.

Administrative Enforcement. In addition to any other remedy provided by the Daly City's Municipal Code, any provision of this chapter may be enforced by an administrative order issued pursuant to the administrative processes set forth in Section 8.16.100 et seq. of the Daly City Municipal Code. The administrative appeal board shall serve as the administrative enforcement hearing board for the purposes of considering any appeals. All notices shall be served in accordance with article II of chapter 8.16 of the Daly City Municipal Code.

(Ord. No. 1407, § 2, 2-22-2016)

A.

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is

encouraged in the community.

1.

The local agency shall provide information to all applicants regarding the design, installation, management, and maintenance of water-efficient landscapes and irrigation systems.

B.

Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes that are described in this chapter.

1.

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. No. 1407, § 2, 2-22-2016)

Chapter 17.42 - NONCONFORMING USES

Normal minor repairs or maintenance shall be permitted to keep the building in which a nonconforming use is established in sound condition. No structural alterations shall be permitted except as required by law.

(Ord. 635 § 19.1, 1965)

No nonconforming use shall be enlarged in such a manner which would permit an increase in space occupied or to displace any conforming use in the same building.

(Ord. 635 § 19.2, 1965)

No building in which a nonconforming use established shall be moved in whole or in part to any other location on the lot unless the use thereof is made to conform with the district requirement.

(Ord. 635 § 19.3, 1965)

17.42.040 - Change.

A.

If no structural alterations are made, the nonconforming use of a building may be changed to another conforming use of the same or more restricted classification.

B.

When a previously existing nonconforming use is changed to a conforming use, the nonconforming use cannot thereafter be reestablished.

(Ord. 635 § 19.4, 1965)

Whenever a nonconforming use has been discontinued or abandoned for a continuous period of six months, such use shall not be reestablished and the further use of the land or building shall conform with the district requirement.

(Ord. 635 § 19.5, 1965)

A.

A nonconforming use established in a building which has been damaged or destroyed by fire, flood, wind, earthquake, act of God, the public enemy or other calamity to an extent of not more than fifty percent of the current replacement value of the building, may be continued, providing such use existed at the time of damage or destruction. The current replacement value of the building shall be determined by the building inspector.

B.

Should the damage or destruction exceed fifty percent of the current replacement value, no repairs or reconstruction shall be permitted unless the use of the building is made to conform with the district requirement.

C.

Restoration or repair must be started within a period of one year from the date of damage or destruction and be diligently prosecuted to completion.

(Ord. 635 § 19.6, 1965)

A.

A nonconforming use and/or building shall continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of said nonconforming building, abandonment or discontinuance of the nonconforming use, damage pursuant to Section 17.42.060, or the use has been determined to be a nuisance by the city council.

B.

Such nonconforming use shall be deemed terminated on the first happening of either one of the above events or matters.

(Ord. 1050 § 1, 1986: Ord. 635 § 19.7, 1965)

Chapter 17.43 - STANDARDS FOR FAMILY DAY CARE HOMES

17.43.010 - Family day care homes.

A.

The use of a residence as a small family day care home, as defined in the California Health and Safety Code Section 1597.44, shall be considered a residential use of property of this chapter and shall be permitted outright in a legal dwelling unit in any zoning district.

B.

Large family day care homes, as defined in Health and Safety Code Section 1597.465, shall require an administrative use permit. In processing the administrative use permit, the standards and procedures set forth in this section shall be the sole process in which to obtain an administrative use permit to operate a large family day care home.

(Ord. 1321 § 2 (part), 2005)

17.43.020 - Requirements for administrative use permit to operate large family day care home.

A.

In processing the administrative use permit for large family day care homes, the zoning administrator or designee shall do all of the following:

1.

Provide notice of the proposed use to adjoining property owners within one hundred-foot radius of the exterior boundaries of the large day care home subject property;

2.

Notice shall be given not less than ten calendar days prior to the date on which the decision will be made on the application;

3.

Hold a public hearing on the subject application only if requested by the applicant or an interested party.

B.

The zoning administrator or designee shall grant an application for an administrative use permit to operate a large family day care home upon finding compliance with the following conditions and standards. The

zoning administrator or designee may impose reasonable conditions of approval to ensure that these standards are met.

1.

The facility provider shall possess a current and valid large family day care license from the state of California, Department of Social Services.

2.

The applicant lives in the home, and the home is the applicant's legal principal residence, and the use is clearly incidental and secondary to the use of the property for residential purposes.

3.

The facility provider shall comply with all applicable regulations of the state fire marshal regarding health and safety.

4.

Spacing and Concentration. Properties proposed for large family day care homes shall be located at least three hundred feet apart in all directions. In no case shall there be more than one large family day care home fronting the same street within the same block. The planning division, in reviewing applications for large family day care homes, may allow minor deviations from the requirements on spacing and concentration if a finding can be made that no lot or home will be impacted by more than one day care facility.

5.

Parking. Large family day care homes shall be allowed only when there is adequate off-street or on-street parking which may consist of the following:

a.

A driveway at least nineteen feet long and eight and one-half feet wide which is kept free for loading and unloading of children;

b.

If the street is wide enough to have a parking lane, the on-street space in front of the driveway of the lot proposed for large family day care home is kept free for loading and unloading of children;

c.

In the case of large family day care homes for four or more infants (less than eighteen months old), there shall be an off-street parking space kept available for the parking of an assistant unless the applicant can prove that the assistant resides in the proposed family day care home. This space shall be in addition to the loading and unloading space required under subsections (B)(5)(a) and (b) of this section.

The zoning administrator may approve a deviation from the parking standards if a finding can be made that there are alternatives available to provide the required loading and unloading space for clients and the parking space for helpers/employees.

6.

Traffic Control. The family day care home shall not result in cars blocking neighbors' driveways or double parking.

7.

Noise. Prolonged or abnormally loud sounds or noise shall not be considered customary in a single-family residential zone and shall not be allowed in relation to the operation of a large family day care home. However, periodic sounds of children shall be considered customary in single-family residential zones during the daytime hours from seven a.m. to seven p.m.

a.

If requested by a resident or property owner within the public notice area, the zoning administrator or designee shall impose limitations on the hours of outside play. The zoning administrator or designee shall have discretion to limit the hours of outdoor play. In no event, however, shall hours of outdoor play be less than four hours per day. If there is no such request from an affected resident or property owner, there shall be no limitations on the hours of outside play.

8.

The large family day care provider shall pay a business tax fee as required by the city of Daly City.

(Ord. 1321 § 2 (part), 2005)

The applicant or other affected person may appeal the decision of the zoning administrator to the city council within ten days from the date of the decision. Said appeals shall be in writing stating the grounds therefor. All proceedings initiated by the action of the zoning administrator shall be suspended pending a determination by the city council on the merits of the appeal.

(Ord. 1321 § 2 (part), 2005)

The city council shall hold one public hearing within ninety days after the filing of an appeal and shall give notice thereof by first class mail to all property owners within one hundred-foot radius of the exterior boundaries of the large family day care home subject property and at least one publication in a newspaper of general circulation published within the city. In addition, not less than three notices of the public hearing shall be posted along the street on which the large family day care home fronts. Postings shall be completed not less than ten days prior to such public hearing.

(Ord. 1321 § 2 (part), 2005)

Upon receipt of an appeal, the zoning administrator shall make a written report to the city council setting forth the recommendations and findings relevant to circumstances of the case.

(Ord. 1321 § 2 (part), 2005)

Prior to the approval of any administrative use permit, the city council, upon receipt of the zoning administrator's report, shall find that the large family day care home will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 1321 § 2 (part), 2005)

Upon receipt of the zoning administrator's report, the city council may in its discretion affirm or deny the recommendation of the zoning administrator. The city council may designate and establish such conditions as it deems necessary in connection with the proposed administrative use permit, whether such conditions are different from, less than or in addition to those suggested by the zoning administrator.

(Ord. 1321 § 2 (part), 2005)

The zoning administrator may impose, as a condition of approval, an expiration date for any administrative use permit issued for the operation of a large family day care home. Any expiration date issued shall be included in the written findings as set forth in Section 17.43.020 of this chapter. Absent an expiration date imposed by the zoning administrator, an administrative use permit granted in accordance with the terms of this title shall remain in effect for five years from the date of issuance.

(Ord. 1321 § 2 (part), 2005)

17.43.090 - Revocation of administrative use permit for large family day care home.

A.

The zoning administrator may, after twenty days' notice by mail to the permit holder, revoke an administrative use permit if the property subject to the administrative use permit has been utilized contrary to the findings and requirements set forth in Section 17.43.020 of this chapter. The zoning administrator shall render a notice of its decision to revoke or to not revoke the administrative use permit. The decision of the zoning administrator to revoke or to not revoke an administrative use permit can be set for a public hearing and appealed pursuant to the procedures contained in Section 17.43.030 of this chapter.

B.

The administrative use permit shall be automatically revoked if the state has revoked, terminated or otherwise rejected the issuance of a large family day care home license.

C.

The administrative use permit shall automatically be revoked upon the subject property being declared a public nuisance under Sections 8.16.030 and 8.16.040 of this code.

D.

Upon revocation of the administrative use permit, the applicant cannot apply or re-apply within a period established by the city council for the same or similar administrative use permit for a period that shall be no greater than two years.

(Ord. 1321 § 2 (part), 2005)

Chapter 17.44 - USE PERMITS

17.44.010 - General provisions.

Use permits may be granted for any of the uses or purposes for which such permits are required by the provisions of this title. Temporary use permits may be granted for a period up to six months in developed areas and up to one year in undeveloped areas.

(Ord. 635 § 21.1, 1965)

17.44.020 - Application.

Application for a use permit shall be made on a prescribed form and shall be accompanied by the following:

A.

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

B.

Three copies of a site or elevation plan (at least eight and one-half by eleven inches) showing, where applicable, the size of the lot, dimensions and locations of proposed and existing buildings or structures on the lot.

(Ord. 880 § 3, 1978: Ord. 635 § 21.2, 1965)

The planning commission shall hold one public hearing in conformance with Section 2.18.080 within ninety days after the filing of the application and shall give notice thereof by at least one publication in a newspaper of general circulation published within the city, at least ten days prior to such hearing. In addition, not less than three notices of the public hearing shall be posted along the street on which the

property affected by such application fronts. Posting shall be completed not less than ten days prior to such public hearing.

(Ord. 1093 § 2, 1988: Ord. 635 § 21.3, 1965)

Within ninety days after the close of the public hearing, the planning commission shall approve, conditionally approve or disapprove the application and shall notify the applicant in writing of its decision.

(Ord. 635 § 21.4, 1965)

A.

Prior to the approval of any use permit, the city council, upon receipt of the planning commission report, shall find that the establishment, maintenance or operation of the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood, or be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city. In the coastal zone, specific findings of conformance with access, recreation and other relevant policies of the local coastal plan shall be made.

B.

The construction or operation of new gasoline service stations and conversion of existing gasoline service stations to self-service gasoline service stations with accessory use, shall not be allowed unless an additional finding be made that the new construction or operation of the proposed gasoline service station, or conversion of an existing gasoline service station will not significantly adversely affect or limit the public health, safety or welfare in any of the following respects:

1.

Public availability of minor emergency help and safety services such as light mechanical repairs, open public restrooms; and

2.

The public availability of full-service gasoline service stations to those individuals needing refueling assistance.

(Ord. 1027 § 5, 1985; Ord. 1006 § 9, 1983; Ord. 635 § 21.5, 1965)

The planning commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require guarantees and evidences that such conditions are being or will be complied with.

(Ord. 635 § 21.6, 1965)

Upon completion of the public hearing, the planning commission shall make a written report including its written findings to the city council setting forth the recommendations and findings of the planning commission.

(Ord. 1093 § 3, 1988: Ord. 635 § 21.7, 1965)

Upon receipt of the planning commission's report, the city council may in its discretion affirm or deny the recommendation of the planning commission. The city council may designate and establish such

conditions as it deems necessary in connection with the proposed use permit and in accordance with the findings required by Section 17.44.050, whether such conditions are different from less than or in addition to those suggested by the planning commission. The city council shall either adopt the written findings of the planning commission or make its own written findings. The findings shall be based upon substantial evidence in view of the whole record to justify the ultimate decision.

(Ord. 1093 § 4, 1988: Ord. 1006 § 10, 1983: Ord. 635 § 21.8, 1965)

17.44.090 - Failure of city council to act.

Despite any provision in this title to the contrary, failure of the city council to act upon any application for a use permit shall not under any circumstance constitute an approval of such application.

(Ord. 635 § 21.9, 1965)

A use permit granted in accordance with the terms of this title shall be automatically terminated if not used within one year from the date of approval. A use permit shall not be deemed used or exercised until the permittee has actually obtained a building permit and commenced construction thereunder or has actually commenced the permitted use on the premises. Where a use permit is granted in conjunction with a tentative map for a condominium development pursuant to Section 17.37.030, the use permit shall terminate one year after the approval of the final subdivision map by the city council, if not used. Upon written request from the permittee, such use permit may be extended by the city council for a maximum period of six months.

(Ord. 988 § 1, 1983)

Any use permit granted in accordance with the terms of this title may be revoked if the terms and conditions imposed by the planning commission or city council are violated.

(Ord. 635 § 21.11, 1965)

Chapter 17.45 - DESIGN REVIEW

A.

The city council of the city does find and declare:

1.

That the appearance of open spaces, buildings and structures visible from public streets has a material and substantial relationship to property values and the taxable value of property in the city;

2.

That many neighborhoods in other urban communities have deteriorated in the past by reason of poor planning, neglect of proper design standards and the erection of buildings and structures unsuitable to and incompatible with the character of the neighborhood, resulting in poor design, possible reduction of property values and the impairment of the public health, safety and welfare therein;

3.

That it is the policy of the city to avoid and prevent possible deterioration as described, and by the various means provided in this chapter to preserve and enhance the property values, visual character of the community and the public health, safety and welfare of the city;

4.

This chapter is adopted pursuant to the appropriate provisions of the Planning and Zoning Law of the state, Government Code Section 65000, et seq.

B.

It is therefore the declared intent of the city that this chapter shall serve the following purposes:

1.

To improve and augment the controls now included in the ordinances related to planning and building and to promote development which is in the best interests of the public health, safety and welfare of the city; and

2.

To establish standards and policies that will promote and enhance good design, site relationships and other aesthetic considerations in the city.

(Ord. 1170 § 1 (part), 1993)

17.45.020 - Powers of the design review committee.

A.

A design review committee is hereby established for the purpose of investigating the design, layout and other features of proposed development in keeping with the intent and purposes set forth in Section 17.45.010. The design review committee shall review only those projects which do not require approval of their concurrent applications. The decision of the design review committee shall be final unless appealed to the city council pursuant to the provisions of Section 17.45.130.

B.

The design review committee shall be a committee appointed by the mayor. The appointment shall be for a specific project or for several projects, at the discretion of the mayor.

C.

When design review is required in conjunction with another application, the city council shall make the findings as required by this chapter. The city council shall have the authority to require additional review of the proposal by the design review committee, subject to the provisions of Section 17.45.130.

(Ord. 1170 § 1 (part), 1993)

(Ord. No. 1342, §§ 1, 2, 12-8-2008)

Prior to the issuance of any permit for the erection, construction or exterior alteration of any building, structure or sign for projects described in Section 17.45.120, the applicant shall conform to and comply with any and all applicable requirements, rules and regulations of this chapter and shall request approval of a design review plan and/or site plan.

(Ord. 1170 § 1 (part), 1993)

The design review committee shall adopt rules and regulations for the transaction of business, scheduling of meetings, conduct of meetings and related matters.

(Ord. 1170 § 1 (part), 1993)

All applications for design review as required by this chapter shall be in writing filed in the office of economic and community development and upon a form prescribed by and furnished by the department of economic and community development. Upon receipt of an application, the department of economic and community development shall review it and if found to be complete, shall so certify. The application shall contain the name and address of the applicant, the owner of the land, a description of the property involved, street address, the reasons for the filing of the application and a description of the project to be undertaken and other information as required by the city planner to which the application pertains.

(Ord. 1170 § 1 (part), 1993)

Any application required by this chapter shall be accompanied by copies, in a quantity as required by the city planner or a designee, of site plans, diagrams, photographs, materials or other presentation material as may be necessary for complete review and consideration of the proposed development. Plans shall be drawn to scale of a size as required by the city planner or a designee and shall indicate the following data where applicable:

A.

Site Plan.

1.

Property lines;

2.

Existing features of the site and off-site features within fifty feet of the site boundaries, including structures, roads, trees, plant life, streambeds, rock outcroppings or other significant natural features;

3.

Proposed buildings and dimensions;

4.

Proposed roads, walks and paths;

5.

A grading plan showing finished grade on the site and adjoining sites at the property lines in comparison with the existing grade;

6.

Location, number of spaces, and dimensions of off-street parking;

7.

Pedestrian, vehicular and service ingress and egress, and driveway widths;

8.

Setbacks;

9.

Street dedications and improvements;

10.

Location, height and design of all fences or walls;

Open space use and landscaped areas.

B.

Building Design.

1.

All elevations of each building and composite elevations from street if multiple buildings are proposed;

2.

Color renderings, if necessary;

3.

Perspective drawings to show relationships after development of the building(s) to off-site features;

4.

The kinds and finishes of all the materials to be applied to the exterior surfaces of the proposed structure, walls or additions;

5.

The natural colors of the material to be applied and the colors of any paint or manufactured product on the exterior of the structure, walls or additions;

6.

The lighting to be applied to the exterior wall surfaces or to be used for walkways, drives and parking lots, and the light cast by the building's interior, its signs, etc., which is visible from adjacent or neighboring properties;

7.

All identifications and direction signs and graphics visible from the exterior of a proposed structure;

8.

All art work, sculpture, fountains and other ornamental or decorative features visible from surrounding properties;

9.

All provisions for and design of the following appurtenances if visible from the exterior:

a.

Utility lines, meters, boxes,

b.

Refuse, storage, and pick-up areas,

c.

Stairs, ramps,

d.

Flues, chimneys, exhaust fans,

e.

Sun shades, awnings, louvers, balconies,

f.

Mechanical equipment visible from the exterior,

g.

Penthouses,

h.

Loading docks,

i.

Downspouts,

j.

Antennas.

C.

Landscaping. Landscape plans must be submitted and must comply with the provisions of Chapter 17.41, Landscaping.

D.

Other such data as may be required to permit the design review committee or planning commission to make the required findings.

(Ord. 1170 § 1 (part), 1993)

When design review or site plan review is required by the provisions of this chapter or by the provisions of the Daly City zoning ordinance, no authorization or permit shall be given to commence any construction,

reconstruction, alteration, remodeling or any other change to any building or site layout until the design plan and site plan have been approved pursuant to the provisions of this chapter and to all applicable provisions of the zoning and subdivision ordinances.

(Ord. 1170 § 1 (part), 1993)

In approving a design review plan or site plan, the director of economic and community development, the design review committee or city council must make the following findings:

A.

The provisions of this chapter and any applicable guidelines are complied with;

B.

The approval of the plan is in the best interest of the public health, safety and general welfare of the community;

C.

General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, heights, walls, fences, public safety and similar elements have been designed to provide a desirable environment;

D.

General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements have been incorporated in order to insure the compatibility of this development with its design concept and the character of other adjacent buildings;

E.

General landscape considerations of Chapter 17.41, Landscaping, have been provided to insure visual relief, to complement buildings and structures and to provide an attractive environment for the enjoyment of the public.

(Ord. 1170 § 1 (part), 1993)

(Ord. No. 1342, §§ 1, 2, 12-8-2008)

In approving a design review plan, the director of economic and community development director, the design review committee or city council shall have the authority to impose such conditions as it deems necessary to protect the interests of the surrounding neighborhood, and to promote the overall public health, safety and welfare of the city in accordance with the standards set forth in this chapter, as well as with the zoning ordinance, the subdivision ordinance and the general plan.

(Ord. 1170 § 1 (part), 1993)

(Ord. No. 1342, §§ 1, 2, 12-8-2008)

The director of economic and community development, the design review committee or city council shall deny any design review plan if it cannot make the findings contained in Section 17.45.080.

(Ord. 1170 § 1 (part), 1993)

Editor's note— Ord. No. 1342, § 1, adopted Dec. 8, 2008, repealed former § 17.45.110 in its entirety which pertained to filing of plans and documents and derived from Ord. No. 1170, § 1, adopted in 1993.

17.45.120 - Applicability.

A.

Major design review applications shall be reviewed by the design review committee, subject to the provisions in Section 17.45.020(A). Major design review approval shall be required for the following projects:

1.

Residential projects consisting of four or more dwelling units;

2.

New commercial buildings which exceed two thousand square feet in area or which are located on sites that are two thousand five hundred feet in area or greater;

3.

All new industrial projects where the improvements are visible from off-site.

B.

Minor design review applications consist of projects associated with concurrent entitlements that involve physical modification of structures or site improvements. Minor design review applications shall be reviewed in conjunction with the additional entitlements by the city council, subject to the provisions of Section 17.45.020(C).

C.

Administrative design review applications shall be reviewed and approved by the director of economic and community development. Administrative design review approval shall be required for the following classes of projects:

Multifamily residential, commercial, office or industrial buildings incorporating exterior modifications that include any of the following: mechanical equipment visible from the exterior; repainting of the exterior of all or of the majority of building in a different pattern, color scheme or design; balconies, awnings or sunshades.

D.

Emergency homeless shelters in the C-R/O zone shall be exempt from design review.

E.

New homes not subject to major design review and additions to existing homes shall be exempt from design review if the proposed home or addition complies with the following requirements, as determined by the planning division:

1.

Three-story homes shall provide structural articulation at the front elevation. This may be accomplished by a minimum ten-foot recess to the third floor or by recessing one-third of front elevation vertically.

2.

Structural additions onto any existing home, other than pre-fabricated sunrooms, shall match the design style of the home, including siding material, roof pitch and material, paint color, trim, and window design.

3.

The side yard setback for any proposed addition shall match the existing setback of the wall adjacent to the addition.

4.

Each floor of any new home shall, on all four elevations, receive horizontal trim as a visual separation between floors, a variety of exterior materials, and color variation, so as to reduce the bulk and mass appearance of the home. New homes providing a parapet wall at the front elevation shall provide the wall in a design quality complementary to those of existing homes, if such walls exist.

5.

All new pedestrian entrances and garage doors shall be inset at least twenty-four inches unless matching an existing garage door at the front of the home.

6.

Any proposed exterior elevation shall incorporate two-inch nominal dimension trim at all window, door, and other openings. All homes with siding shall incorporate corner trim.

7.

All new windows at the front elevation shall provide window grilles, unless determined by the planning division to be in contradiction to the proposed architectural style of the home.

8.

Garage doors shall be controlled by automatic garage door opener. The garage door shall complement the door style found in the adjacent neighborhood, including the provision of window grilles, unless determined by the planning division to be in contradiction to the proposed architectural style of the home.

9.

The entire driveway of any new home shall receive pavers with a decorative band.

10.

Plywood and vinyl siding shall not be permitted unless proposed on a dwelling which incorporates these materials.

(Ord. 1216 § 2, 1995: Ord. 1202 § 7, 1994; Ord. 1170 § 1 (part), 1993)

(Ord. No. 1378, § 3, 5-27-2014; Ord. No. 1412, § 15, 2-13-2017)

17.45.130 - Objective design standards.

Residential projects consisting of two or more dwelling units shall be subject to objective design standards

(ODS) established by city council resolution. Projects determined by the planning division to comply with ODS shall be deemed in compliance with the zoning ordinance, with no further regulation as to this chapter, and shall be considered non-discretionary in nature for the purpose for the California Environmental Quality Act (CEQA).

(Ord. 1170 § 1 (part), 1993)

(Ord. No. 1342, §§ 1, 2, 12-8-2008; Ord. No. 1476, § 8, 11-12-2024)

17.45.140 - Failure to comply with conditions.

Failure to comply with a design review condition of approval is a violation of this title and subject to enforcement, penalties, and legal procedures as prescribed by Chapter 17.50 of this code.

(Ord. 1170 § 1 (part), 1993)

17.45.150 - Expiration of permit.

A design review permit granted in accordance with the terms of this title shall be automatically terminated if not used within one year from the date of approval. A design review permit shall not be deemed used or exercised until the permittee has actually obtained a building permit and commenced construction thereunder. Where a design review permit is granted in conjunction with a tentative map for a condominium development pursuant to Section 17.37.030, the design review permit shall terminate one year after the approval of the final subdivision map by the city council, if not used. Upon written request from the

permittee, such design review permit may be extended by the reviewing body for a maximum period of six months.

(Ord. 1170 § 1 (part), 1993)

Any design review permit granted in accordance with the terms of this title may be revoked if the terms and conditions imposed by the city are violated.

(Ord. 1170 § 1 (part), 1993)

Chapter 17.46 - VARIANCES

Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, a variance may be granted as provided by this chapter.

(Ord. 635 § 22.1, 1965)

17.46.020 - Application.

Application for a variance shall be made on a prescribed form and shall be accompanied by the following:

A.

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

B.

Three copies of a site or elevation plan (at least eight and one-half by eleven inches) showing, where applicable, the size of the lot, dimensions and location of proposed and existing buildings or structures on the lot.

(Ord. 880 § 4, 1978: Ord. 635 § 22.2, 1965)

A public hearing shall be held within ninety days after the filing of the application. Notice of such hearing shall be given in the same manner as prescribed by Section 17.44.030.

(Ord. 635 § 22.3, 1965)

Within ninety days after the close of the public hearing, the planning commission shall approve, conditionally approve or disapprove the application and shall notify the applicant in writing of its decision.

(Ord. 635 § 22.4, 1965)

Prior to the approval of any variance from the strict application of any provision of this title, the planning commission shall find:

A.

That because of exceptional conditions applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification;

B.

That the variance authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and under identical zoning district classification;

C.

That in the coastal zone the variance authorized is consistent with the policies, maps and public access component of the local coastal plan.

(Ord. 1006 § 11, 1983; Ord. 635 § 22.5, 1965)

The planning commission may designate such conditions in connection with the variance permit as it deems necessary to secure the purposes of this title, and may require guarantees and evidences that such conditions are being or will be complied with.

(Ord. 635 § 22.6, 1965)

Upon completion of the public hearing, the planning commission shall make a written report to the city council setting forth the recommendations and findings of the planning commission.

(Ord. 635 § 22.7, 1965)

Upon receipt of the planning commission's report, the city council may in its discretion affirm or deny the recommendation of the planning commission. The city council may designate and establish such conditions as it deems necessary in connection with the proposed variance and in accordance with the findings required by subsection (C) of Section 17.46.050, whether such conditions are different from, less than or in addition to those suggested by the planning commission.

(Ord. 1006 § 12, 1983: Ord. 635 § 22.8, 1965)

17.46.090 - Failure of city council to act.

Despite any provision in this title to the contrary, failure of the city council to act upon any application for a variance shall not under any circumstance constitute an approval of such application.

(Ord. 635 § 22.9, 1965)

A variance granted in accordance with the terms of this title shall be automatically terminated if not used within one year from the date of approval. A variance shall not be deemed used or exercised until the permittee has actually obtained a building permit and commenced construction thereunder. Upon written request from the permittee, such variance may be extended by the city council for a maximum period of six months.

(Ord. 635 § 22.10, 1965)

Any variance permit granted in accordance with the terms of this title may be revoked if the terms and conditions imposed by the planning commission or city council are violated.

(Ord. 635 § 22.11, 1965)

Chapter 17.47 - INCLUSIONARY HOUSING[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1423, § 1, adopted Dec. 10, 2018, repealed Ch. 17.47, §§ 17.47.010—17.47.180, and enacted a new Ch. 17.47 as set out herein. Former Ch. 17.47 pertained to affordable housing and derived from Ord. No. 1377, § 2, 4-28-2014; Ord. No. 1405, §§ 1—6, 1-11-2016.

A.

The purpose of this chapter is to enhance the public welfare by establishing policies that require the development of housing affordable to households of low- and moderate-incomes, meet the city's regional share of housing needs, and implement the goals and objectives of the city's general plan and housing element.

B.

The adoption of a city-wide inclusionary housing program will also assist in alleviating the use of available residential land solely for the benefit of households that are able to afford market-rate housing because such market-rate development will be required to contribute to the provision of affordable housing for the entire Daly City community.

C.

The city council desires to provide incentives in this chapter for inclusionary units to be located on the same site as market-rate residential development to provide for integration of low- and moderate-income households with households in market-rate neighborhoods and to disperse inclusionary units throughout the city where new residential development occurs.

D.

The city council desires to provide and maintain affordable housing opportunities in the community through an inclusionary housing program for both ownership and rental housing.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.020 - Findings.

The city council finds and determines:

A.

Lack of access to affordable housing has a direct impact upon the health, safety and welfare of the residents of the city. The city will not be able to contribute to the attainment of state housing goals or retain a healthy environment without additional affordable housing. The housing affordability problem has an impact upon a broad range of income groups, and no single housing program will be sufficient to meet the housing need.

B.

A lack of new affordable units will have a substantial negative impact on the environment and economic climate because:

1.

Housing will have to be built elsewhere, far from employment centers and therefore commutes will increase, causing increased traffic and transit demand and consequent noise and air pollution; and

2.

City businesses will find it more difficult to attract and retain the workers they need. Affordable housing policies contribute to a healthy job and housing balance by providing more affordable housing close to employment centers.

C.

The California legislature has required each local government agency to develop a comprehensive, longterm general plan establishing policies for future development. As specified in the Government Code (at Sections 65300, 65302(c), and 65583(c)), the plan must:

1.

"Encourage the development of a variety of types of housing for all income levels, including multifamily rental housing;"

"[A]ssist in the development of adequate housing to meet the needs of low- and moderate-income households;" and

3.

"Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action."

D.

The citizens of the city seek a well-planned, aesthetically pleasing and balanced community, with housing affordable to low- and moderate-income households. Affordable housing should be available throughout the city, and not restricted to a few neighborhoods and areas.

E.

Federal and state funds for the construction of new affordable housing are insufficient to fully address the problem of affordable housing within the city. Nor has the private housing market provided adequate housing opportunities affordable to low- and moderate-income households.

F.

The city is aware that there may be times when affordable housing requirements make market-rate housing more expensive. In weighing all the factors, including the significant need for affordable housing, the city has made the decision that the community's interests are best served by the adoption of the inclusionary housing ordinance.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.030 - Definitions.

As used in this chapter, the following terms shall have the following meanings:

"Affordable housing plan" means a plan containing all of the information specified in and submitted in compliance with Section 17.47.140 of this chapter and describing the manner in which inclusionary units will be provided in conformity with this chapter and the inclusionary housing guidelines.

"Affordable housing project" means a residential development that is subject to a deed restriction with a term of at least fifty-five years that restricts all of the residential units other than manager's units for occupancy by, or sale to, low-, very low-, or moderate-income households at affordable rents or affordable sales prices.

"Affordable rent" means a monthly rent plus utility allowance that does not exceed one-twelfth of thirty percent of seventy percent of area median income for a household of the assumed household size for the dwelling unit.

"Affordable sales price" means a sales price that results in a monthly housing cost (including mortgage payments, mortgage insurance, (if any), homeowners' insurance, property taxes, homeowners' association

costs, assessments (if any), and a utility allowance, that does not exceed one-twelfth of thirty percent of one hundred ten percent of area median income for households of the assumed household size for the dwelling unit.

"Alternative in lieu fee" means the in-lieu fee that is paid when the developer elects to pay a fee as an alternative to building an inclusionary unit.

"Area median income" means the annual median income for San Mateo County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of Daly City in the event that such median income figures are no longer published in the California Code of Regulations.

"Assumed household size" means, for the purpose of establishing affordable sales prices and affordable rent, a household with a total number of members equal to the number of bedrooms in the dwelling unit, plus one, consistent with Section 50052.5(h) of the California Health and Safety Code and subject to applicable federal rules (if any). For example, the assumed household size for a three-bedroom home is a four-person household.

"City" means the City of Daly City, City Manager of the City of Daly City or his or her designee.

"City council" means the elected legislative body of the City of Daly City.

"Condominium conversion" means the conversion of the ownership of the units in a rental project from a single ownership to an ownership in which the dwelling units may be sold individually. Such condominium conversions may include, but are not limited to, the conversion of existing multiple unit residential development projects to any of the following, all as defined Civil Code Section 1351; (a) a community apartment project; (b) a condominium project; and (c) a stock cooperative.

"Density bonus units" means dwelling units approved in a Residential Development pursuant to California Government Code Section 65915 et seq. that are in excess of the maximum residential density otherwise permitted by the Daly City general plan or zoning ordinance.

"Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, that seeks city approvals for all or part of a residential or commercial development.

"First approval" means the first of the following approvals to occur with respect to a residential development: development agreement, general plan amendment, specific or area plan adoption or amendment, zoning, rezoning, pre-zoning, annexation, planned development permit, tentative map, parcel map, conditional use permit, special use permit, or building permit.

"For-sale" means and refers to any dwelling unit, including a condominium, stock cooperative, community apartment, or attached or detached single-family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located or for the creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such for-sale dwelling units.

"For-sale project" means a residential development, or portion thereof, that includes the creation of one or more dwelling units that may be sold individually, including a condominium, stock cooperative, community

apartment, or attached or detached single-family home, and also includes a residential condominium conversion and the creation of dwelling units that may be sold individually, but are initially rented rather than sold.

"Impact fee" means a fee that may be due for residential developments for which a planning permit or an affordable housing plan has been approved by the city prior to July 1, 2018. The impact fee, based on a 2014 Nexus Study, was required for rental projects and was an alternative for for-sale projects pursuant to the former affordable housing ordinance.

"Inclusionary housing agreement" means a written agreement between a developer and the city as provided by Section 17.47.130.

"Inclusionary housing guidelines" means the written administrative guidelines detailing procedures and guidelines to ensure the orderly and efficient administration of the requirements of this chapter.

"Inclusionary unit" means a dwelling unit that pursuant to this chapter is required to be offered at affordable rent or affordable sales price to low-income households or moderate-income households, and that is subject to a deed restriction as required by this chapter.

"Low-income household" means a household whose annual income does not exceed the qualifying limits set for "lower income households" in Section 50079.5 of the California Health and Safety Code.

"Market-rate unit" means a dwelling unit in a residential development that is not an inclusionary unit.

"Moderate-income household" means a household whose income does not exceed the qualifying limits set for "persons and families of low or moderate income" in Section 50093(b) of the California Health and Safety Code.

"Planning permit" means a tentative map, parcel map, conditional use permit, site development permit, planned development permit, development agreement, or special use permit, or any discretionary permit excluding general plan amendments, zoning and rezoning, annexation, specific plans, and area development policies.

"Rental project" means a residential development, or portion thereof, that creates dwelling units that cannot be sold individually.

"Rental" means and refers to a dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such rental dwelling units.

"Required in lieu fee" means the in lieu fee required to be paid for residential developments below the threshold for providing Inclusionary Units. This threshold is fifteen units for for-sale projects, and twenty units for rental projects.

"Residential development" means any project that requires a building permit for which an application must be submitted to the city, and that would create five or more new additional, or modified dwelling units by: (i)

the construction or alteration of structures, (ii) the conversion of a use to residential from any other use, or (iii) the conversion to for-sale residential use from rental residential use.

"Utility allowance" means an allowance for utilities reflecting the figures for the applicable unit type in the most recent utility allowance schedule published by the San Mateo County Housing Department.

"Utilities" means garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.040 - Operative date of chapter.

The provisions of this chapter shall be operative on July 1, 2018.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.050 - Applicability.

The provisions of this chapter shall apply to all residential developments, except for any residential development that is exempt under Section 17.47.060 of this chapter.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.060 - Exemptions.

The requirements of this chapter do not apply to:

A.

The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction of the site does not increase the number of residential units by five or more units.

B.

Projects that are not Residential Developments as defined in Section 17.47.030.

C.

Residential Developments for which a planning permit or an affordable housing plan has been approved by the city prior to July 1, 2018. For such residential developments, the affordable housing requirements set forth in the approved planning permits or affordable housing plan shall apply; provided however, upon the expiration of any planning permit, the residential development shall be subject to the requirements of this chapter, and shall not proceed until such time as an affordable housing plan is approved in conjunction with any other required planning permit or amendment thereto for the residential project. Developers of residential developments for which a planning permit or an affordable housing plan has been approved by the city prior to July 1, 2018, who are subject to payment of an impact fee shall be required to pay the impact fee in effect as of the date of the city's approval of the planning permit or affordable housing plan for the residential development; provided however, if the in impact fee is not paid within twelve months

from February 1, 2019, then the impact fee shall be payable in the amount that is in effect on the date of issuance of building permits for the residential development.

Residential developments for which neither a planning permit nor an affordable housing plan has been approved prior to July 1, 2018 are subject to the requirements of this chapter.

(Ord. No. 1423, § 2, 12-10-2018)

Residential developments with fewer than twenty rental units or fifteen ownership units will pay the required in lieu fees established in the city's affordable housing fee schedule.

A.

Except as otherwise permitted by this chapter, all new residential developments not subject to the required in lieu fees above shall include inclusionary units. Calculations of the number of inclusionary units required by this section shall be based on the number of dwelling units in the residential development excluding any density bonus units.

B.

On-Site Inclusionary Requirement. Unless otherwise exempted or excepted from this chapter, residential developments shall include inclusionary units on the same site as the residential development as follows:

1.

For-sale projects: Twenty percent of the dwelling units in the residential development shall be sold at an affordable sales price to households whose annual income does not exceed moderate income.

2.

Rental projects: Ten percent of the dwelling units in the residential development shall be made available for rent at an affordable rent to households whose annual income does not exceed low income.

3.

In the event tenure-type is not known at the time of entitlement, developers shall submit an affordable housing plan that describes how they will comply with affordable housing requirements under both rental and ownership scenarios.

C.

Fractional Units. In computing the total number of inclusionary units required in a residential development, fractions of one-half or greater shall be rounded up to the next highest whole number, and fractions of less than one-half shall be rounded down to the next lowest whole number.

D.

Residential Development With Both For-Sale and Rental Units. When a residential development includes both for-sale and rental dwelling units, the provisions of this chapter that apply to for-sale residential developments shall apply to that portion of the development that consists of for-sale dwelling units, and the provisions of this chapter that apply to rental residential developments shall apply to that portion of the development that consists of rental dwelling units.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.080 - On-site inclusionary housing incentives.

A.

The developer of a residential development that will provide all required inclusionary units on the same site as the market-rate units may, at the developer's option, submit a written request for a density bonus, waivers, incentives, or concessions pursuant to California Government Code Section 65915 et seq. and Chapter 17.52 of this Code if the residential development includes on-site affordable dwelling units that meet the thresholds for density bonus pursuant to California Government Code Section 65915 et seq.

B.

Affordable Housing Plan. Any requests for waivers, concessions or incentives shall be included in the proposed affordable housing plan submitted at the time of application for the first approval, and any incentives authorized by the city pursuant to Chapter 17.52 of this Code shall be included in the affordable housing plan, if approved by the city, for the residential development.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.090 - Timing of construction of inclusionary units.

A.

All required inclusionary units shall be constructed and made available for occupancy prior to or concurrently with the market-rate units in the residential development. To implement this requirement, the city will not issue building permits for more than a proportional number of the market-rate units within a residential development until it has issued building permits for the proportional number of inclusionary units to be included in the development. In addition, the city will not approve final inspections or certificates of occupancy for more than a proportional number of the market-rate units within a residential development until it has approved final inspections or certificates of occupancy for a proportional number of the inclusionary units within the development.

B.

For phased developments, the city will not issue building permits for more than a proportional number of the market-rate units within a construction phase in a residential development until it has issued building permits for the proportional number of Inclusionary Units to be included in that construction phase. In addition, the city will not approve final inspections or certificates of occupancy for more than a proportional number of the market-rate units within a construction phase until it has approved final inspections or certificates of occupancy for a proportional number of the inclusionary units within that construction phase.

(Ord. No. 1423, § 2, 12-10-2018)

A.

Single-family detached inclusionary units shall be dispersed throughout the residential development. Townhouse, row-house, and multifamily inclusionary units shall be located so as not to create a geographic concentration of inclusionary units within the residential development.

B.

The quality of design and overall quality of construction of the inclusionary units shall be consistent with the design of all market-rate units in the residential development and meet all site, design, and construction standards included in Title 15 (Buildings and Construction), Title 16 (Subdivisions), and Title 17 (Zoning) of this Code, including, but not limited to, compliance with all design guidelines included in applicable specific plans or otherwise adopted by the city council, and the inclusionary housing guidelines. Inclusionary units shall have functionally equivalent parking when parking is provided to the market-rate units.

C.

The inclusionary units shall have the same amenities as the market-rate units, including the same access to and enjoyment of common open space and facilities in the residential development.

D.

The inclusionary units shall have the same proportion of unit types as the market-rate units in the residential development.

E.

The inclusionary units shall have a comparable square footage and the same bedroom count and bedroom count ratio as the market-rate units.

(Ord. No. 1423, § 2, 12-10-2018)

The requirements of this chapter are minimum requirements and shall not preclude a residential development from including additional affordable units or affordable units with lower rents or sales prices than required by this chapter.

(Ord. No. 1423, § 2, 12-10-2018)

A.

Alternative In-Lieu Fees. In lieu of constructing the on-site inclusionary units required by this chapter, a developer may elect to pay an alternative in lieu fee in accordance with this section.

1.

Alternative in lieu fees shall be payable in full at the time of issuance of building permits for the residential development or applicable phase thereof. No application for a rezoning, tentative map, parcel map, conditional use permit, design review, or building permit shall be approved, nor shall any residential development be constructed, or condominium conversion approved without compliance with this section. For phased developments, payments may be made for each phase of the residential development prior to issuance of a building permit for that phase.

2.

Rental Residential Developments. The alternative in lieu fee for rental residential developments shall be equal to the total livable square footage of the development multiplied by the alternative in lieu fee established in the city's affordable housing fee schedule an amount equal to the approximate per unit cost that the city would incur to subsidize the development of an equal number of rental inclusionary units such that they could be offered for rent at affordable rent.

3.

Fractional Units. In calculating the amount of the alternative in lieu fee, any fractional unit obligation will be rounded up to the nearest whole number.

4.

The amount of alternative in lieu fees shall be established by resolution of the city council and may include without limitation estimated costs of (1) administration, (2) construction, (3) land, (4) financing, (5) professional fees (including without limitation architecture, engineering, and other costs), and (6) indirect costs.

5.

The city shall not issue building permits for any market-rate unit in the residential development prior to the payment in full of all applicable alternative in lieu fees.

6.

All alternative in lieu fees collected under this section shall be deposited in the city's affordable housing trust fund established pursuant to Section 17.47.150 of this chapter.

B.

Combination of Fees and Units. If the residential development consists of more than fifty rental units, a developer may elect to provide a combination of on-site inclusionary units and payment of required in lieu fees.

1.

The number of on-site inclusionary units provided must be at least half of the required number of inclusionary units, or at least five percent of the total units in the project.

The required in lieu fees shall be paid for the remaining balance of required on-site inclusionary units.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.130 - Continuing affordability and initial occupancy.

A.

The inclusionary housing guidelines shall include standard documents, in a form approved by the city attorney, to ensure the continued affordability of the inclusionary units approved for each residential development. The documents may include, without limitation, inclusionary housing agreements, regulatory agreements, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents that shall be recorded against the residential development and the inclusionary units.

B.

Unless otherwise specified by the chapter, all inclusionary units shall be subject to recorded restrictions that require the units to remain affordable to the targeted income group for no less than fifty-five years.

C.

Any household that occupies an inclusionary unit must occupy that unit as its principal residence, unless otherwise approved in writing by the city for rental to a third party for a limited period of time due to household hardship, as specified in the inclusionary housing guidelines.

D.

No household may begin occupancy of an inclusionary unit until the household has been determined to be eligible to occupy that unit. Rental inclusionary units shall continue to be rented to income eligible households at an affordable rent for the entire term of the inclusionary housing restriction. The inclusionary housing guidelines shall establish standards for determining household income, minimum and maximum occupancy, affordable housing cost, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.

E.

Officials, employees, or consultants of the city, and members of boards and commissions thereof, shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an inclusionary unit. The inclusionary housing guidelines may include conflict of interest provisions relating to the administration of this chapter and the eligibility of persons to occupy inclusionary units.

(Ord. No. 1423, § 2, 12-10-2018)

17.47.140 - Affordable housing plan and inclusionary housing agreement.

A.

An affordable housing plan shall be submitted as part of the application for first approval of any residential development. no application for a first approval for a residential development may be deemed complete unless an affordable housing plan is submitted in conformance with the provisions of this chapter. Approval of an affordable housing plan is a condition of any tentative map, parcel map or building permit for any development for which this chapter applies. This section does not apply to projects where the requirements of the chapter are satisfied by payment of a fee under Section 17.47.180.

B.

For each construction phase, the affordable housing plan shall specify, at the same level of detail as the application for the residential development, at least all of the following information:

1.

Whether the development is for sale or rental and the type of structure (attached; semi-attached, detached);

2.

How the inclusionary housing requirement will be satisfied pursuant to this chapter;

3.

For all inclusionary units, the number of units, unit type, tenure, number of bedrooms and baths, approximate location/floor plan, size and design, construction and completion schedule;

4.

Phasing of inclusionary units in relation to market-rate units in compliance with Section 17.47.090;

5.

Marketing plan, including the manner in which inclusionary units will be offered to the public in a nondiscriminatory and equitable manner;

6.

Specific methods to be used to verify household incomes, and to maintain the affordability of the inclusionary units;

7.

A reliable financing mechanism for the ongoing administration and monitoring of rental inclusionary units;

8.

Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this chapter and the inclusionary housing guidelines.

C.

Upon submittal, the city shall determine if the affordable housing plan is complete and conforms to the provisions of this chapter and the inclusionary housing guidelines. If the affordable housing plan is incomplete or not in compliance, it will be returned to the developer with a list of deficiencies or the information required. Any decision deeming the affordable housing plan to be out of conformity with this chapter may be appealed to the city council in accordance with procedures for notice and hearing contained in this title.

D.

The affordable housing plan shall be reviewed as part of the first approval of any residential development. The affordable housing plan shall be approved if it conforms to the provisions of this chapter and the inclusionary housing guidelines. A condition shall be attached to the first approval of any residential development to require recordation of the inclusionary housing agreement described in subsection (G) of this section prior to the approval of any final or parcel map or building permit for the residential development.

E.

A request for a minor modification of an approved affordable housing plan may be granted if the modification is substantially in compliance with the original affordable housing plan and conditions of approval. other modifications to the affordable housing plan shall be processed in the same manner as the original plan.

In the event the tenure type of a development changes, a revised affordable housing plan, compliant with the requirements described in this chapter for the new tenure type must be approved by the city.

F.

Following the first approval of a residential development, the city shall prepare an inclusionary housing agreement providing for implementation of the affordable housing plan and consistent with the inclusionary housing guidelines. Prior to the approval of any final or parcel map or issuance of any building permit for a residential development subject to this chapter, the inclusionary housing agreement shall be executed by the city and the applicant and recorded against the entire residential development property to ensure that the agreement will be enforceable against any successor in interest. The inclusionary housing agreement will include, without limitation (i) a description of the development, including whether the affordable units will be rented or owner-occupied; (ii) the number, size and location of the inclusionary units; (iii) incentives provided by the city (if any), including the nature and amount of any local public funding; (iv) provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions; (v) provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility; and (vi) any additional obligations relevant to the compliance with this chapter. The inclusionary housing agreement shall not be amended without the prior written consent of the city and shall not be amended prior to any necessary amendments to applicable planning permits.

G.

The city council, by resolution, may establish fees for the ongoing administration and monitoring of the inclusionary units, which fees may be updated periodically, as required.

(Ord. No. 1423, § 2, 12-10-2018)

For-sale inclusionary units shall be subject to the following requirements:

A.

Initial Sale. For-sale inclusionary units must be initially sold at an affordable sales price to households whose income is no greater than moderate-income and shall be subject to recorded resale restrictions.

B.

Transfer. Upon any transfer of a for-sale inclusionary unit prior to the expiration of the fifty-five year affordability period, renewed restrictions will be entered into with a fifty-five year renewal term.

C.

Resale. The maximum sales price permitted upon resale of an inclusionary unit designated for owneroccupancy shall be the greater of:

1.

The sum of the original purchase price the owner paid for the home plus the depreciated value of any capital improvements purchased and installed by the owner and approved in writing by the city prior to their installation pursuant to the city's capital improvements policy described in the below market-rate ownership unit program guidelines and information manual; or

2.

The current affordable sales price for the unit based on current area median income limits plus the depreciated value of any capital improvements purchased and installed by the owner and approved in writing by the city prior to their installation pursuant to the city's capital improvements policy described in the below market-rate ownership unit program guidelines and information manual.

D.

Maintenance of Unit. The owner of the inclusionary unit will be responsible for compliance with housing maintenance standards as described in the inclusionary housing guidelines.

E.

Changes in Title. Subject to reasonable procedures that the city may require, title to the inclusionary unit may be transferred pursuant to the below market-rate ownership unit program guidelines and/or inclusionary housing guidelines.

F.

Annual Certifications. The owner of the affordable unit shall certify annually that the owner occupies the unit as the owner's primary residence.

F.

Failure of an owner to comply with the requirements of this section shall be a violation of this chapter, and the city shall be permitted to seek enforcement against an owner in violation pursuant to Section 17.47.190, in addition to any other remedy available to it under law or equity.

(Ord. No. 1423, § 2, 12-10-2018)

A.

Unless otherwise required by law, all in lieu fees, fees, promissory note repayments, shared appreciation payments, and other funds collected under this chapter shall be deposited into a separate account to be designated as the City of Daly City affordable housing trust fund. The city may elect to deposit funds from other sources into the fund.

B.

The moneys in the affordable housing trust fund and all earnings from investment of the moneys in the affordable housing trust fund shall be expended exclusively to provide housing affordable to extremely lowincome, very low-income, lower income, and moderate-income households in the City of Daly City and administration and compliance monitoring of the inclusionary housing program.

(Ord. No. 1423, § 2, 12-10-2018)

The inclusionary housing guidelines and each inclusionary housing agreement shall include provisions for the monitoring by the city of each inclusionary unit for compliance with the provisions of this chapter, the inclusionary housing guidelines, and the applicable inclusionary housing agreement. Such provisions shall require annual compliance reports to be submitted to the city by the owner, and the city shall conduct periodic on-site audits to ensure compliance with all applicable laws, policies, and agreements. The city council may adopt fees for the costs of monitoring and compliance by the city, which shall be deposited into the affordable housing trust fund for that purpose.

(Ord. No. 1423, § 2, 12-10-2018)

A.

Notwithstanding any other provision of this chapter, the requirements of this chapter may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that applying the requirements of this chapter would take property in violation of the United States or California Constitutions.

B.

Any request for a waiver, adjustment, or reduction under this section shall be submitted to the city concurrently with the affordable housing plan required by Section 17.47.070 of this chapter. The request for

a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

C.

The request for a waiver, adjustment, or reduction shall be reviewed and considered in the same manner and at the same time as the affordable housing plan and is subject to the appeal process for affordable housing plans in Section 17.47.140.

D.

In making a determination on an application for waiver, adjustment, or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim. The city may assume each of the following when applicable:

1.

That the applicant will provide the most economical inclusionary units feasible, meeting the requirements of this chapter and the inclusionary housing guidelines.

2.

That the applicant is likely to obtain housing subsidies when such funds are reasonably available.

E.

The waiver, adjustment or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section.

(Ord. No. 1423, § 2, 12-10-2018)

A.

The city shall adopt guidelines to assist in the implementation and administration of all aspects of this chapter.

B.

The city shall evaluate the effectiveness of the ordinance codified in this chapter one year after the operative date of this chapter.

C.

The city attorney shall be authorized to enforce the provisions of this chapter and all inclusionary housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deed of trust, and other requirements placed on inclusionary units by civil action and any other proceedings or methods permitted by law.

D.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

E.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1423, § 2, 12-10-2018)

Chapter 17.48 - AMENDMENTS

Changes in the boundaries of districts shall be made by ordinance in accordance with the provisions of this chapter. Immediately after the effective date of such ordinance, the city planner shall cause the zoning map to show such change. Failure of the city planner to make such change shall not invalidate the change of boundary.

(Ord. 635 § 5, 1965)

This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment.

(Ord. 635 § 23.1, 1965)

An amendment may be initiated by one of the following:

A.

Resolution of intention of the city council;

B.

Resolution of intention of the planning commission;

C.

Amendment application by a property owner. Said application shall be made on a prescribed form and shall be accompanied by all of the following:

1.

Nonrefundable filing fee, to be established by resolution of the city council,

2.

Three copies of a site or elevation plan (at least eight and one-half by eleven inches) showing the proposed development for the property,

3.

Title report or acceptable evidence showing ownership of land. Such evidence of ownership shall be submitted by the record owner of property or by a purchaser under a contract in writing duly executed and acknowledged by both the buyer and the seller, by a lessee in possession of said property with the written consent of the owner of record of the legal title or by the agent of any of the foregoing, duly authorized in writing.

(Ord. 880 § 5, 1978: Ord. 635 § 23.2, 1965)

The planning commission shall hold one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general circulation published within the city at least ten days prior to such hearing. Such notice shall contain a general description of the property involved in the proposed amendment, the time and place of the public hearing and any other information which the planning commission may deem necessary.

(Ord. 635 § 23.3, 1965)

Upon completion of the public hearing, the planning commission shall make its report to the city council in the manner and form required by the applicable provisions of the Government Code of the state of California. The planning commission shall file its report with the city council within ninety days from the original date of hearing. Failure of the planning commission to make its report within ninety days shall be deemed to be an approval of the proposed amendment by the planning commission.

(Ord. 635 § 23.4, 1965)

A.

Upon receipt of such report from the planning commission or upon the expiration of ninety days as aforesaid, the city council shall set the matter for public hearing as provided by the law. Upon completion of the public hearing, the city council may adopt or reject in its entirety the amendment approved by the planning commission. In the event the city council determines to make any change in the amendment proposed by the planning commission, such proposed change shall first be referred to the planning commission for a report. Failure of the planning commission to report within forty days after such referral or within such time as may be designated by the city council shall constitute approval by the planning commission of the proposed change.

B.

All amendments concerning lands within the coastal zone, after approval by the city council, shall become effective only upon certification approval by the California Coastal Commission.

(Ord. 1006 § 13, 1983; Ord. 635 § 23.5, 1965)

17.48.070 - Failure of city council to act.

Despite any provision in this title, failure of the city council to act upon any application for an amendment shall not under any circumstances constitute an approval of such application.

(Ord. 635 § 23.6, 1965)

Chapter 17.49 - ADMINISTRATIVE USE PERMITS

17.49.010 - General provisions.

Administrative use permits may be granted for any of the uses or purposes for which such permits are required by the provisions of this code.

(Ord. 1141 § 6 (part), 1991)

17.49.020 - Application.

Application for an administrative use permit shall be made on a form prescribed by the planning division and shall be accompanied by the following:

A.

Nonrefundable filing fee, as established by resolution of the city council;

B.

Two copies of a location map showing, where applicable, the size of the lot, dimensions and locations of proposed and existing buildings or structures on the lot, and all properties within a prescribed public notice area described in the application form;

C.

Two sets of stamped envelopes addressed to all property owners within the prescribed public notice area described in the application form.

(Ord. 1141 § 6 (part), 1991)

The planning division shall process an application in accordance with standards set forth herein and may impose reasonable conditions of approval. Within fifteen days after the filing of an application, the planning division shall give notice of the approval or denial of an administrative use permit to all property owners of record within a three hundred-foot radius of the property affected by such application and all properties fronting the same street within the same block. In addition, not less than three notices of the approval or

denial by the planning division shall be posted along the street on which the property affected by such application fronts. Posting shall be completed within fifteen days of receipt of a complete application by the planning division.

(Ord. 1141 § 6 (part), 1991)

Any property owner or resident affected by the planning division's actions may appeal the decision to the city council. All appeals must be filed no more than ten days after an action by the planning division. Said appeal shall be in writing stating the grounds therefor. All proceedings initiated by the action of the planning division shall be suspended pending a determination by the city council on the merits of the appeal.

(Ord. 1141 § 6 (part), 1991)

The city council shall hold one public hearing within ninety days after the filing of an appeal of an administrative use permit and shall give notice thereof by first class mail to all property owners in the prescribed public notice area and at least one publication in a newspaper of general circulation published within the city, at least ten days prior to such hearing. In addition, not less than three notices of the public hearing shall be posted along the street on which the property affected by such application fronts. Posting shall be completed not less than ten days prior to such public hearing.

(Ord. 1141 § 6 (part), 1991)

Upon receipt of an appeal, the planning division shall make a written report to the city council setting forth the recommendations and findings relevant to circumstances of the particular case.

(Ord. 1141 § 6 (part), 1991)

Prior to the approval of any administrative use permit, the city council, upon receipt of the planning division's report, shall find that the establishment, maintenance or operation of the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city.

Upon receipt of the planning division's report, the city council may in its discretion affirm or deny the recommendation of the planning division. The city council may designate and establish such conditions as it deems necessary in connection with the proposed administrative use permit and in accordance with the findings required by Section 17.49.070, whether such conditions are different from, less than or in addition to those suggested by the planning division.

(Ord. 1141 § 6 (part), 1991)

Despite any provision in this title to the contrary, failure of the city council to act upon any application for a use permit shall not under any circumstances constitute an approval of such application.

(Ord. 1141 § 6 (part), 1991)

An administrative use permit granted in accordance with the terms of this title shall automatically expire one year from the date approved by the planning division or the date approved by the city council at a public hearing unless an application for the renewal of the permit is submitted prior to expiration.

(Ord. 1141 § 6 (part), 1991)

Upon determination by the planning division that violations of specific standards adopted by the city council have occurred, the city shall review the administrative use permit at a noticed public hearing. The city council, at its discretion, may revoke an administrative use permit or disallow renewal thereof if the terms and conditions imposed under this chapter are violated or if applicable state, building or fire code requirements are not met. Notice shall be made as set forth in Section 17.49.030.

(Ord. 1141 § 6 (part), 1991)

Chapter 17.50 - ENFORCEMENT AND PENALTY

In addition to any of the penalties provided in this chapter, the city attorney is authorized to institute such legal action or suit in equity as may be deemed necessary to enjoin or restrain any violation of this title.

(Ord. 635 § 24.2, 1965)

The remedies provided in this chapter shall be cumulative and not exclusive.

(Ord. 635 § 24.3, 1965)

Chapter 17.52 - DENSITY BONUS

The purposes of this chapter are as follows:

A.

To implement the housing element of the Daly City General Plan, which identifies increasing affordable housing production as a primary objective.

B.

Providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low, low, or moderate-income households, provide senior citizen housing, or include child care facilities.

C.

To comply with the state density bonus law (California Government Code Section 65915).

(Ord. No. 1378, § 4, 5-27-2014)

17.52.020 - Applicability.

The provisions of this section apply to the construction of five or more housing units that satisfy one or more of the following criteria:

A.

At least ten percent of the total units are designated for low income households.

B.

At least five percent of the total units are designated for very low income households.

C.

A senior citizen housing development, as defined in Section 51.3 and 51.12 of the Civil Code.

D.

At least ten percent of the total units in a condominium project as defined in subdivision (f) of, or in a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code, are designated for moderate income households, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

(Ord. No. 1378, § 4, 5-27-2014)

The following terms are defined for purpose of this chapter:

A.

"Density bonus" means a density increase, in the amount prescribed by Government Code Section 65915, over the otherwise maximum allowable residential density as of the date the application is accepted as complete.

B.

"Low income household" has the meaning set forth in Health and Safety Code Section 50079.5 and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development.

C.

"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093 and is a household whose income is equal to or less than one hundred twenty percent of the area median income, as published by the California Department of Housing and Community Development.

D.

"Senior citizens" means qualifying residents as defined in Section 51.3 of the Civil Code.

E.

"Very low income household" has the meaning set forth in Health and Safety Code Section 50105 and means a household whose income is equal to or less than fifty percent of the area median income, as published by the California Department of Housing and Community Development.

(Ord. No. 1378, § 4, 5-27-2014)

17.52.040 - Incentives and concessions.

A.

When an applicant seeks a density bonus and/or concessions as prescribed by Government Code Section 65915, the city will grant the density bonus and number of incentives or concessions required by that section unless it makes one of the following findings:

1.

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 65915(c) of the Government Code.

2.

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

B.

The following incentives and concessions are deemed not to have the adverse impact set forth in subsection (A)(2) above:

Reduced setbacks so long as the project remains consistent with the city's general plan and any applicable design guidelines;

2.

Increased maximum lot coverage so long as the project remains consistent with the city's general plan and any applicable design guidelines;

3.

Increased maximum building height so long as the project remains consistent with the city's general plan and any applicable design guidelines;

4.

Reduction in parking standards beyond that set forth in Government Code Section 65915(p); and

5.

In addition to the additional density bonus provided in accordance with Government Code Section 65915(g) for land donations within one-fourth mile of an applicant's project, provision of the additional density bonus set forth in Government Code Section 65915(g) for land dedicated to the city that is located within one-half mile of the applicant's project so long as the applicant demonstrates to the city's satisfaction that building the requisite number of affordable units on-site is infeasible and there is an identified source of funding for the very low income units.

C.

The city will not, however, provide any direct financial assistance, waive fees or dedication requirements, or provide publicly owned land for a housing development as an incentive or concession.

(Ord. No. 1378, § 4, 5-27-2014)

17.52.050 - Waivers and modifications of development standards.

A.

Proposal. In accordance with Government Code Section 65915(e), an applicant may propose waiver or modification of development standards if they would physically preclude the construction of a development meeting the criteria of Section 65915(b) at the densities or with the concessions or incentives permitted by Section 65915.

B.

Grounds for Denial. In accordance with Government Code Section 65915(e), the city may deny an applicant's request to waive or modify the city's development standards in any of the following circumstances:

1.

The application does not conform with the requirements of this section or Government Code Section 65915.

2.

The applicant fails to demonstrate that the city's development standards physically preclude the utilization of a density bonus on a specific site.

3.

The waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

4.

The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(Ord. No. 1378, § 4, 5-27-2014)

A.

An applicant requesting a density bonus, incentive or concession, or waiver or modification of development standards, in accordance with this section must submit the request with any application for a planning approval. The request must include the following information:

1.

The number of proposed affordable housing units;

2.

The specific incentive(s) or concession(s) sought, if any;

3.

The specific waiver or modification to development standards sought, if any;

4.

If seeking an incentive or concession, documentation required by the director of economic and community development, or his or her designee, regarding the necessity of the incentive or concession in order to provide affordable housing costs or rents;

If seeking a waiver or modification of development standards, documentation required by the director of economic and community development, or his or her designee, regarding the necessity of the waiver or modification, including documentation demonstrating that the city's development standards physically preclude the utilization of a density bonus;

6.

If requesting a density bonus based on land donation in accordance with Government Code Section 65915(g), the applicant must submit information sufficient to permit the city to determine that the proposed donation conforms with the requirements of Section 65915(g) and this Code;

7.

If requesting a density bonus based on the provision of a child care facility, the applicant must:

a.

Provide the location of the proposed child care facility and the proposed operator.

b.

Agree to operate the child care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable;

c.

Agree to have contracted with a child care facility operator for operation of the child care facility before the first building permit is issued; and

d.

Agree that the child care facility will be in operation when the first certificate of occupancy is issued.

B.

Action on Application. The body with approval authority for the planning approval sought will approve, deny or modify the incentive or concession as a part of the overall project approval.

(Ord. No. 1378, § 4, 5-27-2014)

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the city's standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the county recorder.

(Ord. No. 1378, § 4, 5-27-2014)

Chapter 17.54 - REASONABLE ACCOMMODATION IN DEVELOPMENT REGULATIONS

The purpose of this chapter is to provide individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use, zoning, and building regulations, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(Ord. No. 1378, § 5, 5-27-2014)

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

(Ord. No. 1378, § 5, 5-27-2014)

17.54.030 - Notice to public of availability of accommodation process.

A.

In order to make housing available to an individual with a disability, any eligible person as defined in Section 17.54.020 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

B.

Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name and address of the individual(s) requesting reasonable accommodation;

2.

Name and address of the property owner(s);

3.

Address of the property for which accommodation is requested;

4.

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

5.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

C.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

(Ord. No. 1378, § 5, 5-27-2014)

17.54.050 - Reviewing authority.

A.

Requests for reasonable accommodation shall be reviewed by the director of the department of economic and community development ("director"), using the criteria set forth in Section 17.54.060.

B.

The director shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 17.54.060.

C.

If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. 1378, § 5, 5-27-2014)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

4.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

(Ord. No. 1378, § 5, 5-27-2014)

A.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in Section 17.54.060. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

B.

The written decision of the director shall be final unless an applicant appeals it to the city council.

C.

If the director fails to render a written decision on the request for reasonable accommodation within the thirty-day time period allotted by Section 17.54.050, the request shall be deemed granted.

D.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 1378, § 5, 5-27-2014)

17.54.080 - Appeals.

A.

Within thirty days of the date of the director's written decision, an applicant may appeal an adverse decision to the city council. Appeals from the adverse decision shall be made in writing.

B.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 1378, § 5, 5-27-2014)

Chapter 17.56 - CC-COMMERCIAL CANNABIS COMBINING DISTRICT

The purpose and intent of this chapter is to provide for the orderly regulation of the commercial cannabis retail industry within the City of Daly City with the intent of encouraging economic growth and job creation while protecting the public health, safety and welfare of the residents and patients of the city. All definitions, authority, scope, responsibilities, requirements, standards, conditions, exemptions, procedures, and penalties described within state law are adopted and incorporated, as are any regulations identified in Chapter 5.104, Commercial Cannabis Regulations.

(Ord. No. 1446, § 1, 4-12-2021)

This chapter and the regulations contained herein apply to the entire city and more specifically lands identified on the Zoning Map in the CC- Commercial Cannabis combining district. Excluded from CCCommercial cannabis combining district is any property that are is in the coastal zone, situated on the county line with San Francisco, state-owned, county-owned, or any property that is zoned commercial office (C-O), manufacturing (M), or PD (planned development). Also excluded is any property containing an existing or proposed gasoline service station.

(Ord. No. 1446, § 1, 4-12-2021)

Following is the permitted use which may be permitted in a -CC combining district:

A.

Cannabis retailer, as defined in Chapter 5.104, Commercial Cannabis Regulations, and subject to the regulations contained therein.

B.

Cannabis delivery, as defined in Chapter 5.104, Commercial Cannabis Regulations, and subject to the regulations contained therein.

(Ord. No. 1446, § 1, 4-12-2021)

The application requirements shall be those identified in section 5.104.60 Commercial Cannabis Business License—General Provisions.

(Ord. No. 1446, § 1, 4-12-2021)

The eligibility for any specific property located within the -CC Commercial Cannabis combining district shall conform to Chapter 5.104—Commercial Cannabis Regulations.

(Ord. No. 1446, § 1, 4-12-2021)

The development regulation shall be those identified in the underlying zoning designation and any such regulations identified by Chapter 5.104.050—Conditions of Operation.

(Ord. No. 1446, § 1, 4-12-2021)

No public hearing for the purpose of zoning conformance shall be required prior to the commencement of any use meeting the definition of cannabis retailer, as defined in Chapter 5.104, Commercial Cannabis Regulations. The use shall be considered non-discretionary and therefore not subject to the requirements of the California Environmental Quality Act (CEQA).

(Ord. No. 1446, § 1, 4-12-2021)

Chapter 17.58 - C-MU—COMMERCIAL MIXED-USE DISTRICT

To intent of the C-MU commercial mixed-use district is to allow and provide regulatory incentives and/or requirements for developers to construct buildings which contain a high density of housing and/or a vertical mix of uses (e.g., retail or restaurant uses) at the street level and office or residential uses at levels above the street.

(Ord. No. 1469, § 1, 12-11-2023)

This chapter and the regulations contained herein apply to the entire city and more specifically lands identified on the zoning map in the C-MU commercial mixed use zoning district, which may be amended, from time to time. This district generally includes parcels fronting Mission Street and Geneva Avenue and includes certain parcels within the BART Station Area Specific Plan intended for mixed-use development. The requirements of this section and objective design standards shall apply to any building permit application received after this ordinance has become effective.

Permitted Uses

The following structures and uses are permitted in the C-MU district without the requirement for a use permit:

Residential Uses: Multiple-family dwellings (two or more units), when constructed in conjunction with retail, office, or other non-residential uses at the street level; group home/boarding house; rest home; live/work residential units; accessory dwelling units (per city standards).

Non-residential Uses: Animal grooming not involving overnight boarding; athletic clubs and health studios; assembly uses, including churches, lodges, and social and meeting halls; business and trade schools; childcare facilities and play gyms; hotels, including extended stay hotels; movie theaters and complexes; offices uses, including professional offices, medical and dental offices, and medical clinics; payday lending establishments subject to the separation requirements contained in Chapter 17.40.080; personal service uses, including nail and hair salons, massage businesses where employees are licensed by the State of California; pharmacies; restaurants that do not provide a drive-through window; retail uses, including alcohol sales, not specified as requiring a use permit; seasonal temporary uses (e.g., Christmas tree lots); smoke shops and tobacco store businesses subject to the separation requirements contained in Chapter 17.40.070.

Accessory Uses: The following uses are permitted in the C-MU district when accessory to or commenced concurrently with or subsequent to permitted uses: other accessory uses and structures customarily appurtenant to a multi-family residential permitted use when in compliance with Title 25 of the California Administrative Code; food sales on temporary basis, including farmers markets and food truck sales when subordinate to an existing use on the same parcel; vehicle charging facilities not required by the Green Building Standard Code when proposed on the same parcel as a primary use.

Conditional Uses

The following structures and uses are permitted in the C-MU district upon first receiving approval of a use permit, subject to the requirements of Chapter 17.44: animal hospitals and kennels; businesses whose principal use is for the operation of amusement devices, i.e., arcades; emergency medical care, including urgent care clinics and hospitals; food sales on temporary basis, including farmers markets and food truck sales when not subordinate to an existing use on the same parcel; pharmacies providing a drive-through window; vehicle or equipment rental; and vehicle storage.

Prohibited Uses

The following uses shall not be allowed in the C-MU district: automotive dealers and auto retail, sales, and repair, unless previously operating on the same site prior to January 1, 2008; retailers where more than ten percent of the store stock retail value is products that are firearms, such as handguns and long guns, to individuals in an open shopping format, or firearm parts, or any business that engages in the repair of firearms and/or firearm parts; car wash and detailing shops; manufacturing uses; outdoor retail sales; parking lots not associated with a primary use, including vehicle charging facilities not required by the Green Building Standard Code; restaurants providing a drive-through window, including operational and physical expansions thereto; service stations, including operational and physical expansions thereto; single-family attached/detached residential uses.

Nonconforming Uses

As required by Chapter 17.42 "Nonconforming Uses" of the Daly City Zoning Ordinance, existing nonconforming uses within the C-MU district shall be permitted to continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of said nonconforming building, abandonment or discontinuance of the nonconforming use, damage pursuant to Section 17.42.060, or the use has been determined to be a nuisance by the city council, with the following exception: single family residential buildings, and accessory structures, and accessory dwelling units on the same property, that existing on the date of the C-MU zone district adoption shall, for the purpose of the zoning ordinance, be considered conforming land uses and modifications to such structures shall be subject to the regulations applicable to single-family homes in the R-1 single family district. Furthermore, modifications and updates to the underground storage tanks and parking lot layouts associated with a service station necessary to ensure compliance with local, state, and federal law. Otherwise, the nonconforming use shall be changed to a conforming use and the nonconforming use cannot thereafter be reestablished.

(Ord. No. 1469, § 1, 12-11-2023)

17.58.040 - Height regulations.

No new structure in the C-MU district shall exceed 15 stories or 175 feet in height, as measured according to DCMC 17.04.010—Definitions—Building Height. Fifteen additional feet may be permitted for elevator shafts and rooftop mechanical equipment. The minimum height of any new structure in the C-MU district shall be three stories or thirty feet. Any new buildings abutting lots zoned R-1 (single-family residential district) or R-1/A (single-family/duplex residential district) and over three stories or thirty feet high (whichever is lesser), shall adhere to the transitional height requirements in the C-MU objective design standards.

uipment. The minimum height of any new structure in the C-MU district shall be three stories or thirty feet. Any new buildings abutting lots zoned R-1 (single-family residential district) or R-1/A (single-family/duplex residential district) and over three stories or thirty feet high (whichever is lesser), shall adhere to the transitional height requirements in the C-MU objective design standards.

Building height is measured from the curb at the centerline of the building to the building's highest point. See Section 17.40.040 of the Daly City Zoning Ordinance for building height exceptions. For building structures with a flat roof, the height of the building shall be measured to the roof, not the parapet. Stair and elevator towers at the building roof may exceed the maximum building height by up to ten feet.

(Ord. No. 1469, § 1, 12-11-2023; Ord. No. 1476, § 9, 11-12-2024)

17.58.050 - Lot area and lot width.

For the purpose of subdividing land, the minimum lot area in the C-MU district shall be ten thousand square feet. This regulation shall not apply to lot assemblages and mergers.

For the purpose of subdividing land, the minimum lot width in the C-MU district shall be one hundred feet. This regulation shall not apply to lot assemblages and mergers.

The proposed lot area and lot width are higher than the minimum lot areas and widths required within other city zoning districts to 1) encourage lot mergers or the assemblage of smaller contiguous parcels to develop a larger residential or mixed-use project and 2) prohibit sites larger than 10,000 square feet to subdivide into sites smaller than 10,000 square feet.

(Ord. No. 1469, § 1, 12-11-2023)

A minimum of fifty percent of the lot is required to be covered by new buildings and structures in the C-MU district, not including stormwater treatment structures, carports, and accessory structures. A maximum of 100 percent of the lot shall be allowed to be covered by buildings and structures in the C-MU district. New buildings abutting lots zoned R-1 (single-family residential district) or R-1/A (single-family/duplex residential district) and over three stories or 30 feet high (whichever is lesser) shall follow the transitional height requirements and yard requirements in the C-MU objective design standards.

(Ord. No. 1469, § 1, 12-11-2023)

The requirements for usable open space shall follow the city's existing requirements in Section 17.38.020 of the zoning ordinance or requiring one hundred fifty square feet of usable open space for each dwelling unit. However, the C-MU district shall allow flexibility in which the one hundred fifty square feet calculation may include private open space for the dwelling unit (i.e., decks and balconies), shared open space for the building's occupants (i.e., terraces, roof decks, etc.), and publicly accessible open space on the ground floor. All private open space shall be improved as usable amenity space to the satisfaction of the planning division.

(Ord. No. 1469, § 1, 12-11-2023)

All structures in the C-MU district shall be subject to the following regulations:

A.

Minimum Front Yard. Minimum front yard shall be dependent on the existing sidewalk width along the primary building frontage to create a minimum of a ten-foot sidewalk if the primary building frontage is along Mission Street and a ten-foot sidewalk if the primary building frontage is along Geneva Avenue. Any new sidewalk within the property line will require a public right-of-way easement or dedication to the city.

B.

Maximum Front Yard. The building structure shall be set back no more than ten feet from the property line. The setback space may be used for landscape or usable open space but not parking. Larger setbacks are allowed where needed for usable public gathering space, driveways, or garage entries.

C.

Minimum Rear Yard. No requirement. If the building structure is abutting lots zoned R-1 (single-family residential district) or R-1/A (single-family/duplex residential district) and over three stories or thirty feet high (whichever is lesser), the project must adhere to C-MU objective design standards that address context sensitivity.

D.

Minimum Side Yard. No requirement. If the building structure is abutting lots zoned R-1 (single-family residential district) or R-1/A (single-family/duplex residential district) and over three stories or thirty feet high (whichever is lesser), the project must adhere to C-MU objective design standards that address context sensitivity.

(Ord. No. 1469, § 1, 12-11-2023)

Parking shall for new construction adhere to Chapter 17.34—Off-Street Parking and Loading, unless otherwise superseded by state law. Applications for new development seeking parking reductions pursuant to state law shall provide an analysis as to how the proposal qualifies for the parking reduction sought as part of a complete application.

(Ord. No. 1469, § 1, 12-11-2023)

Within the Mission Street corridor, all property transfers shall provide a real state disclosure to the land purchaser that the property being transacted is located within both Airport Influence Area (AIA) A & B boundaries for San Francisco International Airport and that, due to the property's proximity to the airport, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations. The disclosure shall be provided in title documents acknowledged by the property purchaser. Failure to provide this disclosure shall be considered a violation of this chapter.

(Ord. No. 1469, § 1, 12-11-2023)

Construction of all new buildings, additions of full or partial floors or additional building height to existing buildings shall conform to the objective design standards (ODS) adopted by the city council. The intention of the ODS is that they be implemented using no personal or subjective judgment by the planning division staff. The objectives design standards shall provide guidance for site design, building design, context sensitivity, and landscaping.

Not less than one hundred eighty (180) days prior to the submittal of any building permit for construction subject to the ODS, the applicant shall request conformity review from the planning division staff to ensure that the project for which the permit is sought is in conformance with the ODS. Upon receipt of the conformity review submittal, the planning division staff shall determine if the project conforms to the ODS. Within forty-five calendar days of the submittal, the planning division shall provide the applicant with its written findings and recommendations. The applicant shall consider any recommendations made by the planning division staff and shall resubmit the project for re-review, if necessary. Within thirty calendar days of the re-submittal, the planning division staff shall provide the applicant with the written findings and recommendations. All subsequent re-reviews of the design review consultant shall be allotted the same thirty-day review.

Should the applicant fail to address the recommendations of the planning division staff, the planning division shall not approve the release of any building permit to construct the project. Should the applicant disagree with the recommendations of the planning division staff, the applicant may appeal the specific recommendations with which the applicant disagrees to the city council, which shall consider the appeal within thirty calendar days. This consideration shall occur without public notice to adjacent property owners. The city council may not itself request review of the project.

The conformity review process outlined in this section shall be a review of the ODS only and shall not include review by other city departments/divisions, which shall instead be conducted at the time of building permit submittal.

(Ord. No. 1469, § 1, 12-11-2023)

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(Ord. No. 1469, § 1, 12-11-2023)

Chapter 17.60 - AIRPORT LAND USE COMPATIBILITY PLAN CONSISTENCY

This section establishes standards and requirements related to consistency with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (ALUCP). The following requirements and criteria shall be incorporated into all projects located within the Airport Influence Area applicable to Daly City in the Airport Land Use Plan.

(Ord. No. 1476, § 10, 11-12-2024)

17.60.020 - Airport real estate disclosure notices.

All new development, including all residential structures. Shall be required to comply with the real estate disclosure requirements of California Business and Professions Code Section 11010(b)(13). The following statement shall be included in the notice of intention to offer the property for sale or lease:

"Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may

wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you."

(Ord. No. 1476, § 10, 11-12-2024)

Project applicants shall be required to evaluate potential airport noise impacts if the project is located within the CNEL 65 dB contour line of San Francisco International Airport (as mapped in the ALUCP). All projects so located shall be required to mitigate impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and exterior noise standards established by the ALUCP or [insert city name] General Plan, whichever is more restrictive.

(Ord. No. 1476, § 10, 11-12-2024)

Any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater (as mapped in the ALUCP) shall include the grant of an avigation easement to the City and County of San Francisco prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with ALUCP Policy NP-3 Grant of Avigation Easement.

A.

Maximum Compatible Building Height. Building heights, including related roof-mounted equipment, stair/elevator towers, antennae, exhaust stacks, and other appurtenances, shall not exceed the maximum height limits permissible under either FAA regulations or the Critical Aeronautical Surfaces identified in SFO ALUCP. For avoidance of doubt, the lower of the two heights identified by the ALUCP and the FAA shall be the controlling maximum height. Upon receiving any application for land use entitlement or building permit, the Planning Division shall consult with SFO/CCAG to determine a proposed project's compliance with this requirement.

B.

Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics are recognized as hazards to air navigation and, per ALUCP Policy AP-4, need to be evaluated to ensure compatibility with FAA rules and regulations. These characteristics include the following:

1.

Sources of glare, such as highly reflective buildings, building features, or blight lights including search lights, or laser displays, which would interfere with the vision of pilots in command of an aircraft in flight.

2.

Distracting lights that could be mistaken for airport identification lightings, runway edge lighting, runway end identification lighting, or runway approach lighting.

3.

Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot in command of and aircraft in flight.

4.

Sources of electrical/electronic interference with aircraft communications/navigation equipment.

5.

Any use that creates an increased attraction for wildlife, particularly large flocks of birds, that is inconsistent with FAA rules and regulations, including but not limited to FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any successor or replacement orders or advisory circulars.

(Ord. No. 1476, § 10, 11-12-2024)