Daly City's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Daly City, California, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Owner Occupancy

Daly City cannot require ADU owner occupancy. California Gov. Code 65852.2(a)(8) prohibits local agencies from imposing owner-occupancy requirements on any ADU permitted between Jan. 1, 2020 and Dec. 31, 2024, and AB 976 (2023) made this permanent for all ADUs going forward. Junior ADUs (JADUs) under Gov. Code 65852.22 still require owner occupancy of one of the units, but SB 543 (eff. Jan. 1, 2026) narrowed this to JADUs that share sanitation facilities with the main house. Daly City's older DCMC 17.40.100 owner-occupancy language is superseded by state law.

Key details: ADU owner occupancy: PROHIBITED by Cal. Gov. Code 65852.2(a)(8) and AB 976. JADU owner occupancy: Required only if sharing sanitation w/ main house (SB 543, eff. 1/1/2026). Daly City rule status: Pre-2020 owner-occupancy language superseded by state law. Recorded deed restriction: Required for JADU (Gov. Code 65852.22).

Because state law preempts owner-occupancy for ADUs, Daly City cannot enforce its older 17.40.100 owner-occupancy language against new permits. For JADUs that still require owner occupancy under state law, violation of the recorded deed restriction can trigger Notice of Violation and recordation of a Notice of Non-Compliance against the title.

The rules around adu owner occupancy in Daly City lean permissive, but that does not mean anything goes.

ADU Impact Fees

ADUs under 750 sq ft in Daly City are fully exempt from impact fees by state mandate (Cal. Gov. Code 65852.2(f)(3)(A)). ADUs of 750 sq ft or larger may be charged impact fees, but only in proportion to the size of the ADU relative to the primary dwelling. School fees under Ed. Code 17620 also do not apply to ADUs under 750 sq ft. Daly City's Master Fee Schedule (per dalycity.org/249/Fee-Schedule) implements these caps. Standard building-permit fees and plan-review fees still apply.

Key details: Impact-fee exemption: Free for ADUs under 750 sq ft (Cal. Gov. Code 65852.2(f)(3)(A)). Proportional fees: ADUs 750+ sq ft - proportionate to primary unit square footage. School fees (Ed. Code 17620): Exempt for ADUs under 750 sq ft. Plan-review fee: 65% of building permit fee (still applies). Fee schedule: Daly City Master Fee Schedule, updated annually.

Charging impact fees on an ADU under 750 sq ft violates Cal. Gov. Code 65852.2(f)(3)(A) and can be challenged. Property owners who paid such fees in error are entitled to a refund. There is no city-level penalty against owners for fee-related issues - this provision is a state-mandated cap on city fee-collection authority.

If you are coming from a city with tighter rules, you will find Daly City gives residents more flexibility on adu impact fees.

ADU Permits

ADU permits in Daly City are processed ministerially (over-the-counter, no public hearing) through the Planning Division and Building Division. Under Cal. Gov. Code 65852.2(b)(1), the city must approve or deny a complete ADU permit application within 60 days. Applications are submitted digitally via the Daly City Permit Portal. The Planning Division (650-991-8033) reviews zoning compliance under DCMC 17.40.100; Building reviews compliance with the 2022 California Building Standards Code (Title 24).

Key details: Review timeline: 60 days ministerial (Cal. Gov. Code 65852.2(b)(1)). Submittal: Digital only via Daly City Permit Portal. Planning Division: 650-991-8033. Plan-review fee: 65% of building permit fee, covers 3 review cycles. Hearing required?: No - ministerial approval only.

Starting construction without a building permit is a violation of DCMC Title 12 (Buildings and Construction) and triggers a Stop Work Order plus investigation fees (typically double the standard permit fee). Continued work without correction can lead to misdemeanor citations under DCMC 1.16 (general penalty) and a recorded Notice of Violation that clouds title.

ADU Rental Restrictions

Daly City ADUs and JADUs may not be rented for terms of 30 days or less. This is a statewide rule under Cal. Gov. Code 65852.2(a)(6) (ADUs) and Gov. Code 65852.22 / AB 1154 (JADUs, effective Oct. 10, 2025) - short-term rentals via Airbnb, VRBO, or similar are prohibited. Long-term rental (31+ days) is allowed and is not subject to owner-occupancy restrictions for ADUs permitted after Jan. 1, 2020. Daly City does not have a separate STR licensing scheme that overrides this rule.

Key details: Minimum rental term: 31 days (Cal. Gov. Code 65852.2(a)(6)). JADU rental rule: Same 30-day minimum (AB 1154, Oct. 10, 2025). STR platforms: Prohibited for sub-30-day stays. Rent cap (AB 1482): 5% + CPI annual cap (max 10%) for units 15+ years old. Just cause eviction: Required after 12 months tenancy (Civ. Code 1946.2).

Listing a Daly City ADU on a short-term-rental platform for sub-30-day stays violates Gov. Code 65852.2(a)(6) and the ADU's permit conditions. The city can issue Code Enforcement Notices of Violation, revoke the Certificate of Occupancy, and seek civil penalties. Platforms (Airbnb/VRBO) also remove listings flagged by local agencies.

Tiny Homes

Daly City has no separate tiny-home ordinance. A tiny home built on a permanent foundation is treated as an Accessory Dwelling Unit (ADU) and is governed by California Government Code §66323, which Daly City must apply ministerially. A tiny home on wheels (THOW / movable tiny house) does not qualify as an ADU under state law and is regulated as a recreational vehicle - it cannot be occupied as a permanent residence on a single-family lot.

Key details: On a foundation: Treated as ADU under Cal. Gov. Code §66323. ADU size cap: Up to 800 sq ft detached, 4 ft setbacks. On wheels (THOW): Recreational vehicle - cannot be permanent residence. Title 24: California Residential Code applies via Daly City MC Title 12. Local ordinance: No Daly City-specific tiny home ordinance.

Living in a tiny home on wheels parked in a Daly City backyard or driveway violates zoning Title 14 occupancy provisions and is enforceable by code enforcement. Tiny homes on a permanent foundation built without ADU permits must be legalized or removed.

Carport Rules

Carports in Daly City are treated as accessory structures under Title 14 (Planning, Zoning) and require a building permit under the California Building Code adopted in Title 12. They must observe zoning setbacks for the underlying residential district and may not encroach into required front yards. Carports replacing required off-street parking must keep the parking space conforming. Cal. Gov. Code §66323 protects carport conversions to ADU.

Key details: Permit required: Yes - carports are not on CBC R105.2 exemption list. Code authority: Daly City MC Title 12 (Building) and Title 14 (Zoning). Setbacks: Must meet district side and rear yard requirements. Front yard: Carports generally prohibited in required front yard. Conversion to living area: Triggers ADU review under Cal. Gov. Code §66323.

Building a carport without a permit, enclosing a required-parking carport without zoning approval, or building into a required front yard can result in stop-work orders, removal demands, and at point-of-sale require retroactive permitting. Unpermitted carports also affect building insurance and disclosure.

Garage Conversions

Daly City requires a building permit for any garage conversion or construction of rooms in a garage, including secondary units; for garage-to-ADU conversions, state law bars the city from requiring replacement off-street parking.

Key details: Building permit: Required for any garage conversion. Replacement parking for ADU conversions: Not required (Gov. Code 66314(d)(11)). Curb cut review: Engineering Division consultation required. Non-ADU downstairs rooms: Cannot displace required parking.

Converting a garage without permits is a building code violation; Code Enforcement investigates complaints, mails violation letters with abatement deadlines, and refers unresolved cases to the Administrative Hearing Board.

ADU Rules

Daly City follows state ADU law, which supersedes conflicting city code provisions. Single-family lots may add one attached or conversion ADU, one JADU, and one detached ADU; detached ADUs may reach 1,200 square feet with 4-foot rear and side setbacks.

Key details: Detached ADU max size: 1,200 sq ft. Detached ADU height: 18 ft; 20 ft matching roof pitch. Side and rear setbacks: 4 feet minimum. JADU max size: 500 sq ft within the dwelling. Owner occupancy: Not required for ADUs; JADUs yes.

Unpermitted ADUs are building code violations; Code Enforcement mails violation letters with abatement deadlines and refers unresolved cases to the Administrative Hearing Board. Renting an ADU or JADU for 30 consecutive days or less is prohibited.

Shed Rules

Daly City allows sheds, gazebos, pergolas, and similar accessory structures without setbacks only when combined floor area stays at or under 120 square feet; larger structures must meet zone setbacks, lot coverage limits, a 15-foot height cap, and administrative design review.

Key details: No-setback allowance: 120 sq ft combined floor area. Height cap: 10 ft exempt; 15 ft with review. Distance from dwellings: 6 ft same lot; 3 ft adjacent. Placement: Rear yard only, except trellises. Building permit threshold: Over 120 sq ft.

Unpermitted accessory buildings over 120 square feet are building code violations; Daly City Code Enforcement issues violation letters with abatement deadlines and can refer unresolved cases to the Administrative Hearing Board.

The Bottom Line

Compared to many U.S. cities, Daly City gives residents more room on accessory structures. 2 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Daly City's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.