Local zoning · Daly City

Daly City — Variances and Exceptions

Q: How long does a granted variance last in Daly City before it expires?

A variance automatically terminates if not used within one year from the date of approval (use means obtaining a building permit and commencing construction); the City Council may extend the variance up to six months on written request. § 17.46.100 .

Q: What happens if my property is in an overlay like the -RP combining district?

Overlay rules are supplemental and prevail where inconsistent with the underlying zone; overlay applications often require extra materials (geotechnical reports, landscaping) and stricter review. Expect overlay-specific conditions on any variance. § 17.27.010–.040 .

Q: Do density-bonus requests and associated waivers follow the same variance rules?

No — density-bonus waivers/concessions follow Chapter 17.52 procedures and must be filed with the planning application; the ordinance requires documentation showing the city's standards physically preclude the density bonus or necessitate the waiver under Government Code § 65915; the approval body acts on the overall project approval. § 17.52.060 .

Variances and Exceptions under the Daly City local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

Variances and exceptions in Daly City are handled under the Daly City Zoning Ordinance (commonly Title 17). The ordinance provides discrete variance tracks (general variances, sign variances, conversion/parking exceptions, inclusionary-housing waivers, and reasonable accommodations) with specific findings, application submittal requirements, hearing/appeal routes, and time limits. See the city’s zoning overview for context on how these relief mechanisms interact with base zoning and overlays.

Note: links in this page point to Daly City topic pages where the ordinance’s related implementation or procedural guidance is relevant: see the sections on Daly City Zoning, Daly City Development Standards, Daly City Parking, Daly City Design Review, Daly City Overlay Districts, and Daly City ADUs. Where a building-code interface matters, consult the California Building Standards Code.

What Title 17 actually provides (short synthesis)

A variance is discretionary relief where strict application of zoning rules would cause "practical difficulties" or "unnecessary hardships" (the general standard). The variance chapters set required findings, allow the Planning Commission (and in some cases the City Council on appeal) to attach conditions, and specify application content, public hearing timing, expiration, and revocation rules. § 17.46.010–§ 17.46.110.
Separate variance/exception rules exist in other chapters for specific subjects: sign variances (sign height/area/location/number) under § 17.32.220, condominium/ conversion exceptions (including parking exceptions) in § 17.37.120, inclusionary-housing waivers/adjustments in § 17.47.180, and reasonable accommodation (for disabled persons) under § 17.54.060–.070. Each track carries its own standards or required findings and appeal path.
State-law driven modifications (density-bonus waivers / concessions) follow the density-bonus chapter and are processed with the main planning approval; the ordinance requires specific demonstration and documentation when requesting waivers or changes under Government Code § 65915 (see § 17.52.060).

District-by-district (where variances/exceptions commonly apply)

Below are the main districts that most frequently intersect variance/exception requests. For each: purpose, typical permitted uses (short), key dimensional standards, and where it applies in Daly City.

R-1 — Single-Family Residential District

Purpose: Preserve single-family neighborhoods and control density/scale; used citywide in low-density residential areas. § 17. (Table of uses / R-1 rules)*.
Typical permitted uses: single-family dwellings, accessory structures, limited home occupations; ADUs per city ADU rules are explicitly allowed as accessory. See the ADU guidance.
Key dimensional standards (typical): maximum height often around 30–36 ft depending on subdistrict; minimum front yard and lot area vary by subzone (refer to the zoning tables); specific exceptions and encroachments are in the dimensions tables. Verify parcel specifics on the zoning map.
Where it applies: most single-family neighborhoods; C-MU developments that abut R-1 lots trigger transitional standards.

R-1/A — Single-Family / Duplex Residential District

Purpose: Allows single-family or duplex forms where neighborhood character permits. Uses and standards are similar to R-1 with duplex allowances. Variance requests for yard/height relaxations should reference the same variance findings.

R-3 / R-4 / BRM (Multiple-Family Districts)

Purpose: Accommodate medium- to high-density housing; R-3 open-space/usable-open-space rules are in Chapter 17.38. BRM (BART Multiple-Family) targets transit-oriented multifamily housing.
Typical uses: multi-family dwellings, group homes, assisted living/rest homes; conditional uses per table.
Key dimensional standards: usable open space requirement of 150 sq ft/unit in R-3 (§ 17.38.020); maximum heights differ by district (R-4, BRM have explicit height caps). Variances to these standards require the § 17.46 findings.

C-MU — Commercial Mixed‑Use District (newer district; Mission St. & Geneva Ave. corridor)

Purpose: Encourage vertical mixed-use with higher housing density and ground-floor retail/active uses. § 17.58.010–.020.
Typical permitted uses: multiple‑family residential (with ground-floor commercial), retail, office, restaurants (no drive‑through); accessory dwelling units are allowed per city standards. § 17.58.030.
Key dimensional standards: minimum building height of 3 stories / 30 ft; maximum up to 15 stories / 175 ft in the district (with additional allowances for rooftop equipment) and lot coverage minimum/maximum and specific front/rear/side yard rules (many “no requirement” yard defaults but with transitional rules where abutting R-1/R-1A). Variances or design departures still require findings or objective-design compliance. § 17.58.040–.080.

C-1, C-R, M, OS, OSR — Commercial, Retail, Manufacturing, and Open Space Districts

Purpose and uses: See the uses tables in Chapters 17.16–17.25. Variances to lot area, yard, or specialized use standards in these districts follow the same variance chapter findings; special combining districts (e.g., -RP Resource Protection) layer supplemental conditions that may prevail where inconsistent. § 17.27.010.

-RP — Resource Protection Combining District (overlay)

Purpose: Protect open-space and geotechnically sensitive areas; combining regulations are supplemental and prevail where inconsistent with underlying zone. Requests for variances when property is in -RP must address supplemental constraints; special application requirements (geotechnical reports, landscape) apply. § 17.27.010–.040.

Decision-relevant standards & quick reference table

Topic	What the ordinance requires (plain)	Code Reference
General variance standard	Relief allowed where strict application causes practical difficulties, unnecessary hardship, or results inconsistent with the title’s purpose; Planning Commission makes required findings and can attach conditions.	§ 17.46.010, § 17.46.050.
Variance application content	Must file application form, nonrefundable filing fee, and site/elevation plans (3 copies).	§ 17.46.020.
Public hearing / notice	Planning Commission hearing within 90 days after filing; notice per § 17.44.030; Commission decision within 90 days after hearing.	§ 17.46.030–.040.
Expiration / revocation	A variance expires in 1 year if not used (i.e., no building permit/commencement); Council can extend up to 6 months; permits may be revoked for condition violations.	§ 17.46.100–.110.
Sign variances	Separate sign-variance criteria for height/area/location/number, with special findings about special circumstances and non‑granting of special privilege.	§ 17.32.220.
Inclusionary-housing waivers	Waiver/adjustment only if applicant shows application would be unconstitutional taking; must submit detailed factual/legal basis and substantial evidence; approval limited to what is necessary.	§ 17.47.180.
Density bonus waivers	Requests for waivers/modifications under density-bonus rules must be submitted with the planning application and documented per director’s requirements.	§ 17.52.060.
Reasonable accommodation	Director must decide within 30 days; decision based on necessity, undue burden, and fundamental alteration tests; appealable to the City Council.	§ 17.54.050–.070.
Conversion / parking exceptions	Conversions to condominiums may be required to meet current parking standards unless an exception is found per § 17.37.120—applicant must demonstrate specific hardship.	§ 17.37.120.

Practical guidance / how the rules are applied (plain-English synthesis)

The Planning Commission is the primary body for variances; the City Council is the final appellate body and may modify or impose additional conditions. Decisions become effective seven days after mailing unless appealed. § 17.46.030–.040; § 17.26.070.
The ordinance emphasizes that a variance must not be a special privilege inconsistent with nearby properties—applicants must show a physical/site-based constraint (size, shape, topography, frontage, surroundings) that causes the hardship. § 17.46.050(A)–(B).
For project-level development in districts like C-MU, some design and objective standards are mandatory; variances for dimensional standards remain possible but will trigger findings and, often, design-review scrutiny. Link to Daly City Design Review for review interaction.

Checklist — what an applicant must provide

Completed variance or waiver application on city form (per Planning Division). § 17.46.020.
Nonrefundable filing fee (amount set by City Council resolution). § 17.46.020(A).
Three copies of site and elevation plans (show lot size, dimensions, existing/proposed buildings). § 17.46.020(B).
Written justification addressing the variance findings: demonstrate exceptional conditions (size, shape, topography, surroundings) and show relief is not a special privilege. § 17.46.050.
For inclusionary-housing waiver: detailed factual and legal basis, substantial evidence (see § 17.47.180).
For density-bonus or parking-related relief: submit all documentation with the main application, including analyses required by the Director. § 17.52.060 and consult Daly City Parking.
If in an overlay (e.g., -RP), include required technical studies (geotechnical, drainage, landscaping) per overlay rules. § 17.27.040.

Risks & Ambiguities

Issue	Why it matters	What to verify
“Special privilege” finding	Commission must find the variance is not granting a special privilege to one property that others in the zone don’t have. This is a common ground for denial.	Verify comparable properties and document objective physical constraints. See § 17.46.050(B).
Overlays (-RP, Airport influences, C‑MU transitions)	Overlay rules may override or add conditions; C-MU has transitional requirements where it abuts R-1.	Confirm whether parcel lies in an overlay (zoning map) and follow overlay-specific application requirements. See § 17.27.010 and § 17.58.080(C–D).
Coastal or other special zones	Some variance types (coastal zone) carry additional consistency findings.	If in coastal zone, verify Coastal Plan consistency requirement in variance findings where applicable. See § 17.46.050(C). Not found in retrieved materials for the local coastal plan text—Verify with jurisdiction.
Inclusionary-housing waiver: constitutional takings test	Waiver only if applying chapter would take property unconstitutionally and only to the extent necessary. High evidentiary bar.	Prepare legal/factual analysis, and expect tight review and limited relief. See § 17.47.180(A, D–E).
Park/Conversion exceptions	Conversions may be denied a parking exception if specific impacts cannot be mitigated.	Document parking impact and show specific hardship for exception per § 17.37.120(B)(2–3).
Timing (expiration)	A granted variance expires if not used within one year; extension limited to six months.	Track building-permit issuance and request extensions early. See § 17.46.100.

Plain-English Summary

If your Daly City property can’t meet a zoning rule because of a real, site-specific problem (shape, topography, or similar), you can apply for a variance; the Planning Commission will weigh whether the hardship is genuine and whether granting relief would be fair to neighbors—expect to submit plans, a fee, and a written case tied to the ordinance findings, and to attend a public hearing. § 17.46.010–.050.

Source References

Daly City Zoning Ordinance (Title 17), Chapter 17.46 — Variances: § 17.46.010–.110.
Daly City Zoning Ordinance, Sign regulations and variances: § 17.32.220.
Daly City Zoning Ordinance, Condominium conversions / parking exceptions: § 17.37.120.
Daly City Zoning Ordinance, Inclusionary housing — waiver/adjustment: § 17.47.180.
Daly City Zoning Ordinance, Density bonus application & waiver process: § 17.52.060–.070.
Daly City Zoning Ordinance, Reasonable accommodation (disabled persons): § 17.54.050–.070.
Daly City Zoning Ordinance, C‑MU (Commercial Mixed‑Use) district: Chapter 17.58, § 17.58.010–.100.
Daly City Zoning Ordinance, -RP Resource Protection Combining District: § 17.27.010–.040.
For development-standard interfaces, consult Daly City Development Standards and Daly City Parking.
For ADU-specific interactions with variance/exception needs, consult Daly City ADUs and state ADU law. For building-code interactions, consult the California Building Standards Code.

Sources

Retrieved passages

Daly City Zoning Code (chapter to) High relevance
Daly City Zoning Code (title is) High relevance
Daly City Zoning Code (Section 17.47.140.) High relevance
Daly City Zoning Code (§ 6) Medium relevance
Daly City Zoning Code (Section 17.46.050) Medium relevance
Daly City Zoning Code (section shall) Medium relevance
Daly City Zoning Code (chapter to) Medium relevance
Daly City Zoning Code (§ 1) Medium relevance
Daly City Zoning Code (Section 17.42.060) Medium relevance
Daly City Zoning Code (Section 17.40.040) Medium relevance
Daly City Zoning Code (§ 2) Medium relevance
Daly City Zoning Code (chapter and) Medium relevance
Daly City Zoning Code (§ 4) Medium relevance
Daly City Zoning Code (Section 17.40.040) Medium relevance
Daly City Zoning Code (§ 1) Medium relevance

Cited sections

Official Daly City code library

Frequently asked questions

What is the basic test the Planning Commission uses to grant a variance in Daly City?

The Planning Commission must find that strict application of the ordinance would cause exceptional conditions, practical difficulties, or unnecessary hardships for the property, and that granting relief will not be a special privilege inconsistent with other properties; conditions may be imposed. See § 17.46.010 and § 17.46.050.

How long does a granted variance last in Daly City before it expires?

A variance automatically terminates if not used within one year from the date of approval (use means obtaining a building permit and commencing construction); the City Council may extend the variance up to six months on written request. § 17.46.100.

Can I get a waiver for inclusionary-housing requirements in Daly City?

Yes, but the ordinance allows a waiver, adjustment, or reduction only if the applicant shows, with substantial evidence, that applying the chapter would amount to an unconstitutional taking; the request must be submitted with the affordable housing plan and is strictly limited to what is necessary. § 17.47.180(A–E).

If my project needs fewer parking spaces than the code requires, can I get an exception?

Possibly. Parking reductions are considered in the context of conversion or new development rules; conversions may get parking exceptions if specific hardship is demonstrated, and new development parking reductions must follow state law and provide required analyses—submit with the planning application. See § 17.37.120 and Daly City Parking.

Are there separate variance rules for signs?

Yes — sign-related variances (height, area, location, number) are covered specifically and require findings that the strict application would deprive the property of privileges enjoyed by others and that any relief not be a special privilege. § 17.32.220.

What happens if my property is in an overlay like the -RP combining district?

Overlay rules are supplemental and prevail where inconsistent with the underlying zone; overlay applications often require extra materials (geotechnical reports, landscaping) and stricter review. Expect overlay-specific conditions on any variance. § 17.27.010–.040.

Do density-bonus requests and associated waivers follow the same variance rules?

No — density-bonus waivers/concessions follow Chapter 17.52 procedures and must be filed with the planning application; the ordinance requires documentation showing the city's standards physically preclude the density bonus or necessitate the waiver under Government Code § 65915; the approval body acts on the overall project approval. § 17.52.060.

If the Planning Commission denies my variance, can I appeal?

Yes. Planning-division or Planning Commission decisions are appealable to the City Council within the timeframes set out in the ordinance (appeal windows vary by permit type; check the applicable chapter). Appeals are in writing; Council hearings follow the Government Code notice rules. See § 17.46.030–.040 and appeal procedures in the applicable chapter.

Are reasonable accommodations for disabilities handled as variances?

No—reasonable accommodations are handled under a different track. The Director issues a written decision within 30 days, based on necessity for a protected disabled person, undue burden on the jurisdiction, and whether it would fundamentally alter the jurisdiction’s zoning or land-use program; those decisions are appealable. § 17.54.050–.070.

Can the City Council change or add conditions to a Planning Commission variance?

Yes. On appeal or report receipt, the City Council may affirm, deny, or modify the Planning Commission’s recommendation and impose conditions it deems necessary consistent with the required findings. § 17.46.070–.080.

Ask about any Daly City property

Get a cited, plain-English answer on Daly City zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial