HomeMy WebLinkAbout2013-18RESOLUTION NO. 2013-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE DANVILLE TOWN COUNCIL APPROVE
LEG13-02 (ZTA & PUD) AMENDING DIVISION 32-45 DBD; DOWNTOWN
BUSINESS DISTRICT OF THE DANVILLE MUNICIPAL CODE TO CREATE
DEVELOPMENT STANDARDS FOR DBD AREA 12 - MULTIFAMILY
RESIDENTIAL HIGH DENSITY DISTRICT (25-30 UNITS PER ACRE); REVISING
THE LIST OF ALLOWABLE USES THAT MAY BE ESTABLISHED IN DBD AREA 3
- OLD TOWN MIXED USE DISTRICT TO INCLUDE EMERGENCY SHELTERS AS
AN ALLOWED USE; MAKING OTHER MINOR REVISIONS TO DIVISION 32-45;
AND APPROVING A PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST INVOLVING THE 4.26+/- ACRE DANVILLE OFFICE PARTNERS LLC
PROPERTY TO REZONE THE PROPERTY FROM DBD AREA 6 - BUSINESS
(DOWNTOWN DANVILLE LANDS ZONED DBD AND THE
DANVILLE OFFICE PARTNERS LLC PROPERTY - APN: 216-120-037)
SECTION 1. LEGISLATIVE INTENT
WHEREAS, the Danville 2030 General Plan (2030 Plan), as adopted on March 19, 2013,
provides, in part, direction on the Town's development review process and its long-
range planning activities, with the goals, policies, and implementation measures
contained in the 2030 Plan guiding the decision -making related to those functions; and
WHEREAS, as required by State law, all elements of the 2030 Plan must be internally
consistent, with goals, policies, and implementation measures structured to not conflict
irreconcilably with one another; and
WHEREAS, future development within the Town must conform to the 2030 Plan and
related development regulations, with each discretionary action on a development
proposal required to be accompanied by a finding of general plan conformity and a
citation of the relevant policies in the General Plan which are the basis for action; and
WHEREAS, the 2030 Plan changed the land use designation of the 4.26+/- acre
Danville Office Partners LLC Property (commonly known as APN 216-120-037 and
further identified as 372-383 Diablo Road) from DBD; Downtown Business District Area
6 - Business and Professional Office to DBD; Downtown Business District Area 12 -
Multifamily Residential High Density (25-30 units per acre); and
WHEREAS, LEG13-02 (ZTA & PUD) serves in part to amend Division 32-45 DBD;
Douintou)n Business District of the Danville Municipal Code to create development
standards for the newly created Area 12 - Multifamily Residential High Density land
use designation of the 2030 Plan; and
PAGE 1 OF RESOLUTION 2013-18
WHEREAS, in recognition of the requirements set forth in State Bill SB 2, LEG13-02
(ZTA & PUD) serves to amend Division 32-45 DBD; Dou)ntoum Business District to
include emergency shelters as an allowed use in DBD Area 3 - Old Town Mixed Use
District; and
WHEREAS, the DBD; Downtown Business District serves as the Preliminary
Development Plan - Rezoning for Danville's Downtown Area, providing the P-1;
Planned Unit Development zoning district that provides the development standards for
the Downtown Area; and
WHEREAS, a P-1; Planned Unit Development zoning district may be used to classify
and implement any land use designation where the uses authorized in the P-1; Planned
Unit District are found to be consistent with pertinent General Plan land use
designation and with applicable goals and policies of the General Plan; and
WHEREAS, a P-1; Planned Unit Development zoning district may also be used as an
interim zoning district to achieve consistency with the General Plan land use
designations until such time, if ever, that a separate and subsequent developer -initiated
Preliminary Development Plan - Rezoning request is submitted and approved; and
WHEREAS, the Environmental Impact Report prepared for the 2030 Plan (the General
Plan EIR) was a Program EIR which evaluated the general impacts arising from the
adoption and implementation of the 2030 Plan, rather than site -specific or development
proposal -specific impacts as provided for by CEQA Guidelines Section 15168(a); and
WHEREAS, the General Plan EIR's evaluation of the general impacts arising from the
adoption of the 2030 Plan provides sufficient and adequate environmental review for
the potential environmental impacts that can be reasonably anticipated to arise as a
result of the approval of Zoning Text Amendment and Preliminary Development Plan -
Rezoning request LEG13-02 (ZTA & PUD), while site -specific impacts will be assessed
upon submittal of a Final Development Plan request to develop any property affected
by the changes implemented by the approval of LEG13-02 (ZTA & PUD); and
WHEREAS, to assure that a desirable and appropriately integrated development plan is
secured for the Danville Office Partners LLC Property, it is appropriate to establish
development criteria and standards through LEG13-01 (PUD), including, but not
limited to establishing supplemental submittal requirements for any subsequently filed
Final Development Plan request proposing multifamily use of the property, requiring
the Plan to assess and address: potential visual impacts to a designated scenic route,
potential traffic impacts, potential impacts to protected trees, potential impacts to
biological resources, potential stormwater impacts, potential impacts associated with
the property's soil and geotechnical characteristics, potential noise impacts, and
potential air quality issues; and
PAGE 2 OF RESOLUTION 2013-18
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on October 8, 2013; and
WHEREAS, the public notice of this action was as required by law; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend the Danville Town Council approve Zoning Text Amendment and
Preliminary Development Plan - Rezoning request LEG13-02 (ZTA & PUD); and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends that
the Town Council approve Zoning Text Amendment and Preliminary Development
Plan - Rezoning request LEG13-02 (ZTA & PUD), per the conditions herein, and makes
the following findings in support of this action:
SECTION 2. FINDINGS OF APPROVAL - LEG13-02 (ZTA & PUD)
1. It is reasonable to assume approval of LEG13-02 (ZTA & PUD) will be followed
closely in time by the submittal and approval of a Final Development Plan
request that will provide for the final planning entitlement necessary to allow
development of the Danville Offices Partner LLC Property.
2. The proposed. amendment to the DBD zoning regulations and accompanying
zoning map are consistent with the Danville 2030 General Plan, with note taken
in particular of the following policies from the 2030 Plan and the Danville 2007-
2014 Housing Element, a component element of the 2030 Plan:
a. Policy 1.03 - Recognize the need for suitably located housing, civic
facilities, and services for all age groups within the community.
b. Policy 1.04 - Generally guide higher density residential development to
locations within convenient walking distance of shopping centers, and
public transportation.
C. Policy 2.01 - Achieve a high standard of residential design through project
review and approval for all new residential developments.
d. Policy 2.07 - Improve the appearance of the community by encouraging
aesthetically designed buildings, screening, adequate setbacks, and
landscaping.
PAGE 3 OF RESOLUTION 2013-18
e. Goal 3 Commercial & Office Development - Maintain and enhance the
Downtown retail area as the central commercial area of Danville while
providing for commercial, office, and residential uses of appropriate size
to serve the needs of Danville residents.
f. Policy 3.07 - Where appropriate, encourage the use of shared circulation
and parking.
g. Goal 4 Downtown Danville - Enhance Downtown Danville and its
environs as the center of town, with a mix of retail, office, residential,
civic, and open space uses. Downtown should be a more vibrant and
successful center, with more walkable streets, opportunities to live and
work close to public transportation and shopping, and new housing for
persons of all incomes and ages.
h. Goal 5 Housing - Protect the quality of Danville's residential
neighborhoods while providing opportunities for new housing that meets
community needs.
i. Policy 7.10 - Consistent with the Housing Element of the General Plan,
continue to expand housing opportunities for all income groups. As
required by County Measure J, the Town will biannually report to the
CCTA on its progress in providing housing opportunities, and its efforts
to reduce the impacts of such housing on the transportation system.
j. Policy 14.02 - Require site -specific traffic studies for development that is
likely to generate significant volumes of traffic. If such studies indicate
that the development could cause the Towri s transportation standards -to
be exceeded, require modifications to the project and/or impose
transportation improvements requirements which ensure that level of
service standards are maintained.
k. Policy 17.14 - Enhance Danville's trail system by closing gaps in the
existing system, providing adequate access points, and extending trails to
achieve better connectivity to all areas of the town. The trail system
should be logical, comprehensive and user friendly and should provide a
variety of trail experiences, including opportunities for exercise,
encounters with nature, and social walking.
1. Policy 21.10 - Require a biological assessment for development proposed
on sites that are determined to have the potential to contain special -status
species, sensitive natural communities, or wetland resources.
M. Policy 22.01 - Maintain and enhance the natural quality of Danville's
creeks, including the riparian vegetation along the banks. Setbacks should
PAGE 4 OF RESOLUTION 2013-18
be maintained along creeks to maintain their natural appearance, reduce
erosion and flood hazards, and protect their ecological functions.
n. Policy 27.02 - Require acoustical studies for major residential and other
development projects, as appropriate, and impose noise mitigation
measures accordingly.
o. Policy 27.11 - Ensure that the design of new development near major noise
sources (such as Interstate 680) reduces the potential for future occupants
to be exposed to high levels of noise. Development on such properties
should incorporate appropriate noise mitigation measures.
P. Policy 33.01 - Make land use and transportation decisions which promote
walking and bicycling, and help to sustain public transportation.
q. Policy 33.02 - Encourage reductions in the number of residents commuting
in and out of Danville by car. This can be achieved in part by providing a
better balance between jobs and housing, and providing housing which is
responsive to the types of jobs that exist in Danville.
r. Policy 34.02 - Consider air pollution impacts during the local
Development Review process. Development should be located and
regulated to minimize the emission of direct and indirect air
contaminants.
S. Policy 34.04 - Consistent with CEQA and the measures necessary to
mitigate General Plan impacts, require site -specific air quality studies for
future development under the Plan that includes sensitive receptors (such
as schools, hospitals, daycare centers, or retirement homes) located within
a designated buffer area along Interstate 680.
t. Policy 34.06 - Require indoor air filtration systems to reduce particulate
concentrations to acceptable levels for projects where there would be a
significant cancer risk exposure as defined by PAAQMD.
U. Housing Element Policy 1.7 - To address the projected 2007 - 2014 RHNA
adequate site shortfall of for extremely low and very low income housing
units and the projected 2007 - 2014 RHNA adequate site shortfall of for
low income housing units, amend general plan and zoning regulations,
followed by corresponding land use and zoning redesignations, so as to
assure the provision of adequate sites to meet the State's minimum sites
test for the identified shortfalls.
V. Housing Element Policy 3.02 - Strive to ensure that homeless individuals
and families can obtain decent, suitable and affordable shelter.
PAGE 5 OF RESOLUTION 2013-18
W. Housing Element Program 3.2.3. - Consistent with SB 2, and within one
year of the adoption of the 2007 - 2014 Housing Element, initiate and
complete a zoning text amendment review to amend the Danville
Municipal Code to permit the establishment of emergency shelters
through a ministerial permit process within DBD; Downtown Business
District Area 3 - Old Town Mixed Use, with such review verifying that
there is sufficient capacity to accommodate the need for the emergency
shelter and to develop at least one shelter.
X. Housing Element Program 3.2.4 - Within one year of the adoption of the
2007 - 2014 Housing Element, amend the Municipal Code to provide a
definition of homeless shelters that is consistent with the definition
contained within Health and Safety Code Section 50801(e).
3. The proposed amendment to the DBD zoning regulations and accompanying
zoning map will lead to the development of a residential and commercial
environment of sustained desirability and stability, and will be in harmony with
the character of the surrounding neighborhood and community;
4. The development of a harmonious, integrated plan will be assured through the
observance of the development standards and requirements established for the
property by this P-1 zoning action, while reasonable and appropriate
development flexibility will be provided for the subsequently filed Final
Development Plan application.
SECTION 3. REPEALING EXISTING SECTION 32-45 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-45 of the Danville Municipal Code is hereby repealed in its
entirety.
SECTION 4. ADDING NEW REPLACEMENT SECTION 32-45 OF THE
DANVILLE MUNICIPAL CODE.
A new Section 32-45 is hereby added to the Danville Municipal Code, as reflected by
Attachment A of this Resolution.
SECTION 5. ZONING MAP AMENDED
The 4.26+/- acre Danville Office Partners Property (commonly known as APN 216-120-
037 and further identified as 372-383 Diablo Road) is rezoned from DBD; Downtown
Business District Area 6 - Business and Professional Office to DBD; Downtown Business
District Area 12 - Multifamily Residential High Density (25-30 units per acre). Rezoning
is based upon approval of LEG13-02 (PUD) and the findings and conditions of approval
contained within this resolution.
PAGE 6 OF RESOLUTION 2013-18
SECTION 6. CONDITIONS OF APPROVAL- LEG13-02 (ZTA & PUD)
A. DESIGN OBJECTIVES
To achieve design and aesthetic quality for the Diablo Gateway Special Concern
Area property, the following design objectives shall be addressed through the
submittal material supplied for the Final Development Plan request made for
proposed multifamily use of the Danville Office Partners Property:
1. Building bulk, height, land coverage, visual appearance from adjacent
land, and design compatibility with existing adjoining development and
land which will remain, shall be considered and controlled.
2. The development shall reflect a design that integrates individual buildings
and building groups with the surrounding development and other
physical features in the area.
3. The design of structures shall provide for harmonious composition of
mass, scale, color, and textures, with special emphasis on the transition
from one (1) building type to another, termination of groups of structures,
relationships to streets, exploitation of views, and integration of spaces
and building forms with the topography of the site and the character of
the area.
4. Provisions shall be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate
treatment of any public areas or lobbies.
5. Off-street parking and loading areas shall be integrated into the overall
vehicular circulation system.
6. To assure that a desirable an appropriately integrated development plan is
secured, development shall be reviewed and processed as a single Final
Development Plan request.
B. DEVELOPMENT STANDARDS
To achieve the required design and aesthetic quality and to assure the project is
appropriately integrated in the Downtown Area, the application package made
for the Final Development Plan request for proposed multifamily use of the
Danville Office Partners Property shall reflect the following development
standards and shall include the below -cited supplemental application materials:
PAGE 7 OF RESOLUTION 2013-18
1. The maximum allowable floor area ratio is eighty percent (80%) of the net
area available for development (as determined by a planning entitlement
deemed complete for processing), inclusive of all conditioned space.
Project development area associated with enclosed individual garages,
carports, or structured basement parking facilities shall not be assessed
towards a project's floor area ratio calculation.
2. The height limit shall be thirty-seven (37) feet. The height limit for
accessory structures shall be fifteen (15) feet.
3. The minimum building setback requirements shall be as established
through a site -specific Final Development Plan approval. Development
shall set back from the I-680 freeway to the extent feasible to mitigate
potential impacts associated with freeway noise, vibration, and/or air
quality.
4. Development shall be designed to appear as a series of small, separate
buildings rather than as a single large building. Building facades and
setbacks shall be incorporated in project design, to provide articulation of
building massing, as necessary to respect and complement the design
character of existing surrounding development.
5. Development shall incorporate porches, stoops, courtyards, and other
similar design features to facilitate the creation of a pedestrian -friendly
scale and project environs.
6. Absent securing authorization for a reduction in the development's
numerical parking requirement through a numerical parking variance
and/or by invoking the numerical parking standards available to projects
under the State Density Bonus regulations, the minimum amount of
parking to be supplied shall conform to subsection 32-45.34(q) Parking
Standards - Parking Requirements Multi family Residential. Reduction from
the applicable DBD numerical parking requirements set forth in
subsection 32-45.34(q) may be considered on a project -by -project basis
where housing to be developed is provided for seniors, or where it is
determined that a reduced dependency on personal vehicles can
reasonably be anticipated.
7. Development plans for shall reflect the provision of an open space area
along the top of San Ramon Creek, adequate in size to accommodate the
provision of a pedestrian path running parallel to the property's entire
creek frontage.
8. Development plans shall make provision for a pedestrian bridge crossing
of San Ramon Creek, with such crossing to allow an enhanced connection
PAGE 8 OF RESOLUTION 2013-18
between the Danville Library and Community Center and Old Town
Danville to that portion of the Downtown Master Plan lying north of San
Ramon Creek. The development shall be responsible for payment of a fair
share portion obligation for the pedestrian crossing, as determined
through the processing of the Final Development Plan request.
C. SUPPLEMENTAL SUBMITTAL REQUIREMENTS FOR APPLICATION FOR
FINAL DEVELOPMENT PLAN
Application materials to be supplied at the time of submittal of a Final
Development Plan application shall, in addition to the submittal requirements
set forth in subsection 32-63.5(c) Rezoning - Rezoning and Development Plan
Application and subsection 32-63.6(a) Final Development Plan - Requirements of the
Danville Municipal Code, detail the following:
1. The location, number and dimensional layout of any tandem parking
spaces, motorcycle parking spaces, or bicycle parking spaces proposed for
the project.
2. The minimum and average sized of individual private open space areas
(i.e., open or covered private patios and private balconies) proposed for
the project.
3. The location, minimum size, and average size of private storage spaces
proposed for the project.
4. The proposed means to screen proposed above -ground transformers,
meters, and other utilities.
5. The location, design and construction materials proposed for project
fencing and retaining walls.
6. The percent coverage of land by buildings and structures.
7. The location and design of onsite project lighting.
8. The manner by which the project proposes to meet the requirements in
subsection 32-73 Inclusionary Housing for Affordable Residential Housing of
the Danville Municipal Code.
9. To assure the Final Development Plan request addresses other reasonably
anticipated development issues, the Final Development Plan submittal
shall be accompanied by the following special studies:
PAGE 9 OF RESOLUTION 2013-18
a. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 2.07 of the 2030 Plan, the
developer shall be responsible for the preparation of Scenic
Resources Evaluation [Policy 2.07 states: "Improve the appearance of
the community by encouraging aesthetically designed buildings,
screening, adequate setbacks, and landscaping."'] The Scenic Resource
Evaluation shall consider the site -specific visual and historic
context, the anticipated sensitivity of identified viewers, and the
extent of visibility.
b. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 14.02 of the Danville 2030
General Plan, the developer shall be responsible for the preparation
of a traffic impact analysis consistent with Contra Costa
Transportation Authority's Technical Procedures.. [Policy 14.02 of
the 2030 Plan states: "Require site -specific traffic studies for
development that is likely to generate significant volumes of traffic. If
such studies indicate that the development could cause the Tollm's
transportation standards to be exceeded, require modifications to the
project and/or impose transportation improvements requirements zt7hich
ensure that level of service standards are maintained."] The traffic
impact analysis study shall, at a minimum, provide:
i. A review of the site plan, internal roadway circulation,
design and location of the project ingress and egress
driveway connections to Diablo Road and their alignment
relative to the existing driveways on the north side of the
roadway.
ii. An assessment of traffic impacts generated by the project on
the nearby roadways and at key intersections along Diablo
Road identified by the Town. This shall include
documentation of the am, midday, and pm peak hour
project trip generation, distribution, and assignment. This
traffic assessment shall be conducted for existing, existing
plus project, and forecasted 2030 scenarios. Roadway
improvements and mitigation measures necessary for
mitigating the impact of the development of the Danville
Office Partners LLC Property with multifamily uses on
nearby intersections along Diablo Road needs to be
identified. This may include the construction of intersection
PAGE 10 OF RESOLUTION 2013-18
improvements and potential signalization of the project
driveway and Diablo Road as well as improvements to the I-
680 and Diablo Road off ramp intersections.
iii. A review of the need for the developer to provide current
and/or future cross access easements to allow abutting and
neighboring properties to the west of the property on the
south side of Diablo Road.
iv. An assessment of parking supply and demand to ensure on -
site parking adequacy.
V. An assessment of pedestrian and bicycle access to/from the
site and recommendations for improvement.
C. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 21.06 of the 2030 Plan, the
developer shall be responsible for the preparation of a tree report
prepared by a certified arborist. [Policy 21.06 states: "Discourage
activities that would harm the health of existing trees. Prevent the
unnecessary removal and alteration of such trees, including "protected"
trees as defined by the Toum's Tree Preservation Ordinance and other
trees that contribute to the scenic beauty of the town. Public and private
improvements should be designed to minimize the removal of mature trees,
regardless of species. If removal is necessary, trees should be replaced zoith
an appropriate number and species."]
d. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 21.10 of the 2030 Plan, the
developer shall be responsible for the preparation of a biological
assessment study. [Policy 21.10 states: "Require a biological
assessment for development proposed on sites that are determined to have
the potential to contain special -status species, sensitive natural
communities, or wetland resources."] The assessment shall be
conducted by a qualified professional and shall determine the
presence or absence of any sensitive resources which could be
affected by proposed development, shall provide an assessment of
the potential impacts, and shall define measures for protecting, as
applicable, the resource and surrounding buffer habitat, in
compliance with state and federal laws.
PAGE 11 OF RESOLUTION 2013-18
e. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 22.02 of the 2030 Plan, the
developer shall be responsible for the preparation of a Stormwater
Control Plan detailing how the project will comply with the
requirements of the Regional Water Quality Control Board
(RWQCB) for the San Francisco Bay Region. [Policy 22.02 states:
"Require qualifijing neu) development projects and redevelopment projects
to comply with the Municipal Regional Permit for stormzater control and
treatment."] The Stormwater Control Plan shall demonstrate how
the project complies with all applicable NPDES permit
requirements to minimize imperviousness, retain or detain
stormwater, slow runoff rates, incorporate required source controls,
treat stormwater prior to discharge from the site, control runoff
rates and durations if required, and provide for operation and
maintenance of treatment and flow control facilities. The Plan shall
have sufficient detail to ensure the stormwater design, site plan,
and landscaping plan are congruent.
f. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policies 24.03 and 24.10 of the
2030 Plan, the developer shall be responsible for the preparation of
a soils and geologic report. [Policy 24.03 states: "Require soils and
geologic reports for all projects proposed in scenic hillside development
areas, as defined by the Toum's Scenic Hillside and Major Ridgeline
Development Ordinance, and in other areas zMere the potential for
landslides, liquefaction, subsidence, or severe ground shaking exists.
Assure that development in these areas mitigates potential landslide
hazards and other geologic hazards." Policy 24.10 states: "Require
submittal of a Geotechnical report by a qualified engineering geologist,
that specifies the location of active faults, and recommends appropriate
setbacks prior to construction of any structure intended for human
occupancy u7ithin the Alquist-Priolo Fault Zone."]
g. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policies 27.02, 27.11, and 27.13 of
the 2030 Plan, the developer shall be responsible for the
preparation of an environmental noise study in support of the site
planning and design efforts for any proposed multifamily
development. [Policy 27.02 states: "Require acoustical studies for
major residential and other development projects, as appropriate, and
PAGE 12 OF RESOLUTION 2013-18
impose noise mitigation measures accordingly." Policy 27.11 states:
"Ensure that the design of neu) development near major noise sources
(such as Interstate 680) reduces the potential for future occupants to be
exposed to high levels of noise. Development on such properties should
incorporate appropriate noise mitigation measures." Policy 27.13 states:
"Utilize noise reduction measures during all phases of construction
activity to minimize the exposure of neighboring properties to excessive
noise levels."] The study shall include a noise evaluation of existing
and future noise levels in private outdoor living areas and an
interior noise analysis of the proposed project. The study shall also
include an evaluation of the potential short-term construction noise
impacts upon adjacent land uses.
h. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 28.02 of the 2030 Plan, the
developer shall be responsible for the preparation of a Phase I
Environmental Site Assessment (ESA). [Policy 28.02 states: "Require
a Phase I Environmental Site Assessment (ESA) when development
changes an existing use to a more sensitive use (e.g., commercial use to
residential use). If potential hazardous materials concerns are identified,
ensure that they are investigated and that sites are cleaned up to
residential standards under appropriate regulatory agency oversight prior
to development."]
As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirements of Policies 33.04, 34.02, and 34.04
of the 2030 Plan and applicable Bay Area Air Quality Management
District guidelines in place at the time of project application, the
developer shall be responsible for the cost of preparation of an air
quality and greenhouse gases analysis study. [Policy 33.04 states:
"During the development revieza process, impose appropriate mitigation
measures on nev) development to reduce greenhouse gas emissions."
Policy 34.02 states: "Consider air pollution impacts during the local
Development Reviev7 process. Development should be located and
regulated to minimize the emission of direct and indirect air
contaminants." Policy 34.04 states: "Consistent u4th CEQA and the
measures necessary to mitigate General Plan impacts, require site -specific
air quality studies for future development under the Plan that includes
sensitive receptors (such as schools, hospitals, daycare centers, or
retirement homes) located within a designated buffer area along Interstate
680. "] The study shall provide analysis of greenhouse gases
PAGE 13 OF RESOLUTION 2013-18
(GHGs), criteria air pollutants and precursors (CAPs), and local
risk and hazard impacts at the proposed multifamily residential
development.
APPROVED by the Danville Planning Commission at a regular meeting on October 8,
2013, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Heusler, Overcashier, Verriere
NOES: -
ABSENT: Radich
ABSTAINED:
.��
Chairman
APPROVED AS TO FORM:
City Attorney Chief of Pl (nnin'
PAGE 14 OF RESOLUTION 2013-18
32-45 DOWNTOWN BUSINESS DISTRICT.
* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 135, 90-18,
an-d 2005-07,_and_20018-Q8.
Division 1
INTRODUCTION
32-45.1 Purpose and Intent.
It is the purpose and intent of this chapter to provide the Town of Danville with a set of land use
and development standards for the continued physical and economic growth of the designated
downtown area.
The architectural and the overall development pattern of the Downtown Business District
originated in the mid- 19th century, and continues to develop up through the present. Preservation
of the district's unique history and character along with other essential qualities is a high priority.
Future growth and change must maintain the existing character through use of compatible
materials, scale and massing.
The Downtown Business District includes twelve (12)thirteet _�3)land use_—� indflual areas
which detail specific land uses that may occur. These twelve (12)thirteen (13) land use areas are
shown on the zoning map attached as Exhibit A.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.2 Definitions and Measurement Standards.
In this chapter unless the context otherwise requires:
Arbors shall mean open trellis -like elements that can be used to emphasize building entries or
outdoor activity spaces.
Area of elevation shall mean the total height and length of a building as viewed from off -site.
Awnings shall mean opaque canvas or synthetic fiber coverings that provide shade from sun and
protection from the elements.
Building overhang shall mean any portion of a structure (including appurtenant structures) that
abuts and extends over the foundation line of the building.
Building site area shall mean the total land area of the property available for development of
buildings, parking and landscape.
Business shall mean the specific enterprise, occupant or tenant utilizing space within a structure.
Attachment A Plannirw Commission Resolution No 2013.18
Business offices shall mean businesses such as, but not limited to the following:
a. Advertising agencies;
b. Answering services;
c. Corporate headquarters;
d. Employment agencies;
e. Insurance;
f. Investment brokers or representatives;
g. Laboratories;
h. Newspapers;
i. Photographers, artists, etc.;
j. Public relations; and
k. Secretarial services.
Development shall mean any new construction or exterior change, modification or exterior
expansion of an existing building.
Emergency Sheller shall mcan5_housing with minimal_ supportive services for homeless persons
that is limited to occupancy_ of six months or less_ by ahomeless person and wherc housing
services provided are madeavailable to individuals or households may be denied emergency
shelter because _of an inability to pay..
Fascia shall mean that portion of a structure that presents a flat, horizontal band across the eave
line of a building elevation.
Front and side of corner lots shall mean the narrowest frontage of a lot facing the street is the
front and the longest frontage facing the intersecting street is the side, regardless of which
direction the structure faces.
Heritage Resource shall mean a structure so designated by the Town Council.
Legal nonconforming business shall mean a business that does not conform to these regulations
that were in existence prior to adoption of this chapter.
Legal nonconforming use shall mean a use that does not conform to these regulations which was
in existence prior to adoption of this chapter.
Outdoor sales shall mean any sale of merchandise on a regular or continuing basis located
beyond the enclosed tenant space.
Personal service uses shall mean businesses providing services such as, but not limited to beauty
shops, barbers, and nail salons. Personal service uses are those which provide on -site service to
customers as their primary activity and which are compatible with the immediate area.
Professional offices shall be such as those pertaining to, but not limited to, the practice of law,
architecture, dentistry, medicine, engineering, accounting, administrative, executive, editorial,
and consulting.
Public uses shall mean uses such as, but not limited to, meeting rooms, theaters, auditoriums,
libraries, etc.
Retail uses shall mean businesses selling items, or providing services such as, but not limited to
the following:
a. Accessories;
b. Antiques/clocks;
c. Appliances;
d. Arts/crafts;
e. Bakery/candy/creamery;
f. Books;
g. Clothing/shoes;
h. Copying/duplicating/printing;
i. Drug stores;
j. Dry goods;
k. Florist;
1. Food market/delicatessens;
m. Furniture/floor coverings;
n. Gifts;
o. Hardware;
p. Hobby items/toys;
q. Interior decorator with goods;
r. Jewelry;
s. Linens;
t. Liquor/tobacco;
u. Luggage;
V. Music;
w. Newsstand/office supply and machines, stationary/cards;
x. Optical goods and service;
y. Paint/wallpaper;
z. Pets;
aa. Photo supply/photo processing;
bb. Picture framing/art gallery/artist supply;
cc. Portrait studios;
dd. Post office/parcel service;
ee. Saddlery;
ff. Shoe/garment repair with goods;
gg. Sporting goods/bicycles;
hh. Stamps/coins;
ii. TV/radio; and
jj. Travel agencies.
Service commercial shall mean uses that provide on -site service to customers as their primary
activity and which are compatible with the immediate area. Business activities included in this
category shall mean, but are not limited to, the following:
a. Business or professional, schools;
b. Cultural improvement schools such as, but not limited to, music, dance and martial arts;
c. Health/fitness club; and
d. Places of cultural entertainment including museums, libraries and theaters.
Service office uses shall mean businesses such as, but not limited to, the following:
a. Escrow/title/notary public;
b. Financial institutions/banks/savings and loan;
c. Investment brokers/mortgage brokers;
d. Public utilities; and
e. Real estate.
Setbacks from street corner shall mean that point of intersection of the required setback lines
from access streets, prolonged to the point of intersection.
Soffit shall mean the horizontal underside of a building projection, also referred to as an eave.
Temporary sales event shall mean an administrative Land Use Permit issued by the Planning
Division for an outdoor sales event where merchandise is displayed entirely on -site and lasts no
longer than six (6) days every six (6) months.
Use shall mean the type of business, (e.g., retail, restaurant, service commercial, service office,
office, etc.).
Zoning Compliance Certificate shall mean that form which details the nature of a business and
certifies that it meets the requirements of this chapter.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2)
32-45.3 Applicability.
This section applies to all development within the Downtown Business District (designated DBD
on the Town zoning map) and regulates all existing uses, remodels and new construction.
The owner of any new business shall obtain a certificate of zoning compliance from the Town
prior to occupancy. A certificate shall be issued if the proposed business/use complies with the
land use regulations and the development standards, including parking, set forth in this chapter.
Land uses will be regulated through the development plan review procedure as follows:
a. Existing Uses and Structures. A lawful use of land or buildings existing onNovember -1-�
2005(tbd — effective date of ZT_A to be inserted her 2013, but which does not conform
to this chapter, is a legal nonconforming use/business. No review is required for such a
structure, use or business until there is a change of use and/ or business. Expansion or
intensification of a legal nonconforming use/business is discouraged. Minor
intensification or expansions may be considered under a Land Use Permit under special
circumstances if the application meets the character and intent of the DBD in which it is
located and there is finding of substantial conformance with this chapter.
All exterior alterations of the use/ structure require development plan review as outlined
in Division 5 of this chapter. A legal nonconforming use may be sold as a legal
nonconforming use providing the character and type of business remains the same and all
impacts relating to traffic, parking and other environmental impacts are not increased. A
legal nonconforming use shall be deemed illegal after the use ceases for ninety (90)
consecutive days.
b. New Uses within an Existing Structure. When a new use/business is proposed for an
existing structure necessitating exterior alterations to the structure the owner is required
to obtain development plan approval pursuant to Division 5 of this chapter.
c. New Structures. Development plan approval pursuant to Division 5 of this chapter is
required for a new project. A "new project" is one that involves a complete
redevelopment of the site, all new construction of a building, changes to the facade of
existing buildings, or remodeling which results in an increase of the floor area ratio of an
existing development. Maintenance, such as like replacement or repair of dilapidated
features, is not considered a new project and is not subject to a development plan.
d. Pre -application Conceptual Review. Prior to any development plan application for
properties located within Areas 1, 2, 2A, 3, 4, aid--1 I,- and 12 as set forth in Division 2, a
Pre -application Conceptual Review is required. The project applicant shall present
concept plans at a joint Design Review Board and Planning Commission study session,
prior to submittal of a formal development plan application. The joint study session shall
include the Heritage Resource Commission if there is a potential impact to a historic
property. The purpose of the Pre -application Conceptual Review is to identify site -
specific design parameters that must be met in order to ensure that the project will be
consistent with the intent and requirements of these guidelines, and work in context with
its surroundings and the established development pattern. Concept plans must address
building height and mass, roof treatment, setbacks and relationships to adjacent buildings.
The Pre -application Conceptual Review is not a permit or entitlement, and shall not be
binding on the Town.
e. Joint Study Session Review. Development plan applications for properties located within
Areas 11 and 12 are subject to joint study session review by the Design Review Board,
Planning Commission and Town Council, prior to final action by the Planning
Commission.
f. Designated Heritage Resources. Any additions to a Designated Heritage Resource will
require development plan approval pursuant to Division 5. However, special
considerations will be developed for these structures by the Heritage Resource
Commission.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.4-32-45.9 Reserved.
Division 2
SPECIFIC USES AND DEFINITIONS
32-45.10 Exhibit "A"; Land Use Areas.
There are twelve (I2)thittee_n (13) land use areas within the Downtown Business District as
delineated on Exhibit "A."
These twelve (12)thirteen H 3) land_use areas are intended to accommodate a mix of uses and to
guide development to appropriate locations within the downtown area, consistent with the
Downtown Master Plan and the General Plan. The areas and their permitted uses are as set forth
in subsections 32-45.11 through 32-45.21. Upon the determination of the Chief of Planning, the
list of permitted and conditional uses in the twelve (12)th_irtcen_(13) identilted tang_ use areas
may be expanded to include similar uses, providing that the purpose and intent of each area is
preserved and there is a finding of substantial conformance with this chapter.
Building height. All buildings and structures are limited to the height shown below for the area in
which the structure is located. The height limitation applies to roofs, roof projections, mechanical
equipment, microwave sending and receiving devices and all other projections. Building height
shall mean the vertical distance measured from the average level of the highest and lowest point
of finished grade or natural grade, whichever is lower, of the lot covered by the building to the
highest point of the structure.
(Ord. 2005-07, §2;Ord. 2008-08, § 2)
32-45.11 Area I and Area 2A: Old Town Retail.
a. Purpose. To provide for an intensely developed central core area of ground floor retail,
and second floor service commercial or service office businesses where merchandise is
stored on -site and all transactions and/or services occur entirely within an enclosed
building. Retail is defined as any business activity that devotes the major portion of the
interior space to exhibit products which are for sale to the general public and which
provides pedestrian interest and amenities. Uses in this area encourage shoppers to visit a
variety of stores after parking or arriving by public transit.
b. Permitted Uses. The following uses are permitted in Area 1 subject to the development
requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Accessory uses where related and incidental to permitted uses; and
4. Outdoor display of merchandise as defined in subsection 32-45.27.
c. Conditional Uses. The following activities are permitted upon issuance of a Land Use
Permit:
l . Personal service;
2. Service commercial;
3. Service office;
4. Government facilities;
5. Political, civic and charitable organizations;
6. Outdoor restaurant seating;
7. Outdoor storage of merchandise;
8. Outdoor sales; and
9. Newspaper offices.
Other uses not specifically permitted or conditionally permitted in Area 1 or Area 2A or
allowed via subsection 32-45.10, may be authorized by the Planning Commission on a
case -by -case basis if a finding is made that the proposed use is consistent with the intent
and purpose of this chapter. Such case -by -case review shall take into consideration the
location, size and design of the building and the ability to effectively market a retail
business.
d. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of the gross site
area, inclusive of all conditioned space.
2. A minimum of seventy-five percent (75%) of the total ground floor space shall be
devoted to retail or restaurant uses. Personal service, service office and service
commercial uses may be considered for location in a maximum of twenty-five
percent (25%) of the ground floor space where such use is located in a courtyard
area or another area off the main pedestrian access and upon issuance of a Land Use
Permit where a finding is made that such uses will result in the creation of
substantial pedestrian traffic. The permitted personal service, service office, or
service commercial uses are those which provide on -site service to customers as
their primary activity and which are compatible with the immediate area.
3. Personal service, service office, service commercial, business office, and
professional office uses are permitted on the second floor.
4. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
5. Set back requirements are as follows:
Front yard: Average of ten (10) feet minimum from a public right-of-way. Side and
rear yards: No minimum, except on corner lots where there shall be a minimum of
ten (10) feet street side, side yard setback.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.12 Area 2: Old Town Retail Transition.
a. Purpose. To provide a transition and buffer between the more intensely developed central
business district (Old Town Retail; Area 1 and Area 2A) and areas designated for mixed
use and commercial development. Permitted uses are intended to draw patrons on a
limited basis from the pedestrian -oriented uses in Area 1 and Area 2A. This area
incorporates retail uses that require larger amounts of storage and staging areas as well as
service commercial uses that provide access to both the pedestrian and automobile user.
b. Permitted Uses. The following uses are permitted in Area 2, subject to the development
requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Amusement places/arcades;
4. Auditorium;
5. Catering;
6. Clothes/carpet/drapery cleaners without plant;
7. Emergency medical care;
8. Hotels/motels/bed and breakfast;
9. Government facilities;
10. Political, civic and charitable organizations;
11. Personal service;
12. Service commercial;
13. Service office;
14. Incidental accessory uses; and
15. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care;
2. Outdoor restaurant seating;
3. Outdoor storage of merchandise;
4. Outdoor sales; and
5. Drive-thru facilities.
Other uses not specifically permitted or conditionally permitted in Area 2, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case -by -case
basis if a finding is made that the proposed use is consistent with the intent and purpose
of this chapter. Such case -by -case review shall take into consideration the location, size
and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of the gross site
area, inclusive of all conditioned space.
2. A minimum of twenty-five percent (25%) of the total ground floor space shall be
devoted to retail or restaurant uses. Personal service, service commercial, and
service office uses are permitted to locate in up to seventy-five percent (75%) of the
remaining portion of the ground floor space.
3. Personal service, service office, service commercial, business office, and
professional office uses are permitted on the second floor.
4. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
5. Set back requirements are as follows:
Front yard: Average of ten (10) feet minimum from a public right-of-way. Side and
rear yards: No minimum, except on corner lots where there shall be a minimum of
ten (10) feet street side, side yard setback.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.13 Area 3: Old Town Mixed Use.
a. Purpose. To introduce uses that are consistent and compatible with the pedestrian
orientation of Area 1 and Area 2A-Old Town Retail (subsection 32-45.11).
b. Permitted Uses. The following uses are permitted in Area 3, subject to the development
requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Amusement places/arcades;
4. Auditorium;
5. Catering;
6. Clothes/carpet/drapery cleaners without plant;
7. Emergency medical care;
8. Hotels/motels/bed and breakfast;
9. Government facilities;
10. Political, civic and charitable organizations;
11. Service office;
12. Business office;
13. Professional offices;
14_7 I;_mc r p ncy Shelters_
14.15. Incidental accessory uses; and
1516. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care;
2. Outdoor restaurant seating;
3. Outdoor storage of merchandise; and
4. Outdoor sales.
Other uses not specifically permitted or conditionally permitted in Area 3, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case -by -case
basis if a finding is made that the proposed use is consistent with the intent and purpose
of this chapter. Such case -by -case review shall take into consideration the location, size
and design of the building.
d. Development Requirements.
1. The maximum allowable floor area is sixty-five percent (65%) of the gross site
area, inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
3. Set back requirements are as follows:
Front yard: Ten (10) feet minimum from a public right-of-way.
Side yard: Ten (10) feet total; minimum of five (5) feet.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.14 Area 4: Resident Serving Commercial.
a. Purpose. To provide services for the convenience of residents and the general
community. Uses for this area include those uses which are not compatible with uses in a
traditional central business district (Areas 1, 2 and 2A).
b. Permitted Uses. The following uses are permitted in Area 4, subject to the development
requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Amusement places/arcades;
4. Auditorium;
5. Catering;
6. Clothes/carpet/drapery cleaners without plant;
7. Emergency medical care;
8. Hotels/motels/bed and breakfast;
9. Government facilities;
10. Political, civic and charitable organizations;
11. Cabinet shop;
12. Glass shops and repair facilities;
13. Gunsmith;
14. Home improvement services;
15. Janitorial supply and service;
16. Locksmith;
17. Miscellaneous repair of household goods/ business equipment;
18. Mortuary;
19. Nursery and gardening sales and supplies;
20. Pool supply;
21. Service station;
22. Trade schools;
23. Upholstery supply/repair;
24. Automotive oriented services (e.g., auto upholstery);
25. Service office;
26. Personal service;
27. Incidental accessory uses; and
28. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care facility;
2. Drive-thru facilities;
3. Outdoor restaurant seating;
4. Outdoor storage of merchandise;
5. Outdoor sales;
6. Equipment sales and rental;
7. Heating, air conditioning/plumbing supply and repair;
8. Laundromat;
9. Sign painting;
10. Storage building;
11. Veterinarian hospital/boarding/pet grooming;
12. Auto/boat/motorcycle/trailer/recreational vehicle sales or rentals;
13. Auto wash;
14. Auto repair (body, paint and tire) excluding wrecking and salvage;
15. Wholesale/assembly/minor manufacturing plants with storage and processing
incidental to retail operation where not offensive or objectionable because of odor,
dust, smoke, noise or vibration; and
16. Nursing/convalescent home.
Other uses not specifically permitted or conditionally permitted in Area 4, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case -by -case
basis if a finding is made that the proposed use is consistent with the intent and purpose
of this chapter. Such case -by -case review shall take into consideration the location, size
and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is fifty percent (50%) of the gross site area,
inclusive of all conditioned space.
2. Professional office and business office uses are permitted on the second floor.
3. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
4. Set back requirements are as follows:
Front yard: Ten (10) feet minimum from a public right-of-way.
Side yard: Ten (10) feet total; minimum of five (5) feet.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2)
32-45.15 Area 5: Commercial/Residential Mixed Use.
a. Purpose. Area 5 is also referred to as the Charlotte Wood School Site. This area shall
include a mix of uses serving to complement and support the retail and restaurant uses of
Areas 1, 2, 2A, and 3. A minimum of two (2) acres shall be devoted to public uses.
b. Permitted Uses. The following uses are permitted in Area 5:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Service office;
4. Professional office;
5. Business office;
6. Residential uses as permitted in subsection 32-45.19;
7. Public uses;
8. Hotel; and
9. Accessory uses related and incidental to permitted uses.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Drive-thru facilities;
2. Outdoor restaurant seating;
3. Outdoor storage or display of merchandise;
4. Outdoor sales; and
5. Child care facilities when integrated into a coordinated project consisting of the
entirety of Area 5.
Other uses not specifically permitted or conditionally permitted in Area 5, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case -by -case
basis if a finding is made that the proposed use is consistent with the intent and purpose
of this chapter. Such case -by -case review shall take into consideration the location, size
and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is fifty percent (50%) of the gross site area,
inclusive of all conditioned space over the portion of the site to be developed with
private uses.
2. The height limit is three (3) stories or fifty (50) feet, whichever is less.
3. Set back requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way.
Side yard: Fifteen (15) feet total; minimum of five (5) feet.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.16 Area 6: Business and Professional Offices.
a. Purpose. To allow a combination of commercial activity and business and professional
offices except for retail commercial sales which are not ancillary to the specifically
permitted uses.
b. Permitted Uses. The following uses are permitted in Area 6, subject to the development
requirements in paragraph d.:
1. Development north and south of Town and Country Drive, east of Sheri Lane shall
be limited office use as approved through previous general plan amendment and
development plan entitlements;
2. Service offices;
3. Professional offices;
4. Business offices;
5. Government facilities;
6. Political, civic, and charitable organizations; and
7. Accessory uses where related and incidental to permitted uses.
c. Conditional Uses. Except for the area involving subsection b.1. above, the following uses
are permitted with a Land Use Permit:
1. Restaurants, night clubs and cocktail lounges;
2. Health clubs;
3. Veterinarians; and
4. Child care facilities.
Other uses not specifically permitted or conditionally permitted in Area 6, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case -by -case
basis if a finding is made that the proposed use is consistent with the intent and purpose
of this chapter. Such case -by -case review shall take into consideration the location, size
and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the gross site
area, inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less; for
Town and Country Drive, the height limit is as previously established through the
general plan amendment and development plan entitlement.
3. Setback requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way.
Side yard: Fifteen (15) feet total, minimum of five (5) feet.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.17 Area 7: Retail.
a. Purpose. To allow the continued use of retail business which sells goods, wares and
merchandise directly to the ultimate consumer.
b. Permitted Uses. The following uses are permitted in Area 7, subject to the development
requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Personal service;
4. Service/Commercial;
5. Service Office;
6. Amusement places/arcades;
7. Auditorium;
8. Catering;
9. Clothes/carpet/drapery cleaners without plant;
10. Emergency medical care;
11. Hotels/motels/bed and breakfast;
12. Government facilities;
13. Political, civic and charitable organizations;
14. Incidental accessory uses; and
15. Outdoor display of merchandise as defined in subsection 32-45.25.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care;
2. Drive-thru facility;
3. Outdoor restaurant seating;
4. Outdoor storage or display of merchandise; and
5. Outdoor sales.
Other uses not specifically permitted or conditionally permitted in Area 7, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case -by -case
basis if a finding is made that the proposed use is consistent with the intent and purpose
of this chapter. Such case -by -case review shall take into consideration the location, size
and design of the building.
d. Development Requirements.
I. The maximum allowable floor area ratio is thirty-five percent (35%) of the gross
site area, inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
3. Setback requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way.
Side yard: Fifteen (15) feet total, minimum of five (5) feet.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.18 Area 8: Retail/Office.
a. Purpose. This area is referred to as the Livery Shopping Center. This site was developed
under an existing P-1 Planned Unit District and maintains its own land uses and controls.
b. Permitted Uses. As previously approved under DP 83-3 and DP 84-9.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Outdoor restaurant seating;
2. Outdoor storage or display of merchandise; and
3. Outdoor sales.
d. Development Requirements.
1. The maximum allowable floor area ratio is thirty-five percent (35%) of the gross
site area, inclusive of all conditioned space.
2. The height limit is as established in the P-1 standards for the Livery and Mercantile
(Development Plan No. 84-9).
3. Setback requirements are as previously approved under Development Plan DP 84-9.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.19 Area 9: Multi -Family Residential.
a. Purpose. To permit the continued use of properties for multifamily residential uses
consistent with the adopted land use designations in the General Plan.
b. Permitted Uses. The following uses are permitted in Area 9:
1. All multifamily residential uses permitted under Section 32-24 of the Danville
Municipal Code; and
2. Senior citizen residential facilities may be considered pursuant to California
Government Code Section 65915.
c. Conditional Uses. Conditional uses as contained in subsection 32-24.2 of the Danville
Municipal Code may be permitted, with a land use permit.
d. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
e. Setback requirements are as follows:
Front yard: Twenty-five (25) feet minimum from a public right-of-way.
Side yard: Forty (40) feet total, minimum of twenty (20) feet.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.20 Area 10: Mixed Use.
a. Purpose. This area is referred to as the Prudential Building, located at 630 San Ramon
Valley Boulevard. This site was developed under an existing P-1 Planned Unit District
and maintains its own land uses and controls.
b. Permitted Uses. As previously approved under Development Plan DP 2000-27.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
l . Outdoor storage or display of merchandise; and
2. Outdoor sales.
d. Development Requirements. All development standards shall be as approved under
Development Plan DP 2000-27. The height limit is thirty-five (35) feet.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.21 Area 11: Special Opportunity District
a. Purpose. To permit flexible development standards tailored to best meet the needs of
large downtown sites while maintaining the desired mix of land uses which are
compatible with the downtown area.
b. Permitted Uses. The following uses are permitted in Area 11, subject to the development
requirements in paragraph d.:
1. Retail;
2. Restaurants, night clubs and cocktail lounges;
3. Accessory uses where related and incidental to permitted uses;
4. Outdoor display of merchandise as defined in subsection 32-45.25;
5. Residential (above ground -floor only);
6. Hotels/motels/bed and breakfast; and
7. Personal service, service office, service commercial, business office, and
professional office uses (above ground- floor only).
c. Conditional Uses. The following uses are permitted upon issuance of a Land Use Permit:
1. Residential (where developed as a ground -floor use);
2. Personal service (where consistent with 32-45.21.d2);
3. Service/commercial;
4. Service office;
5. Government facilities;
6. Political, civic and charitable organizations;
7. Outdoor restaurant seating;
8. Outdoor storage of merchandise; and
9. Outdoor sales and newspaper offices.
Other uses not specifically permitted or conditionally permitted in Area 1 and Area 2A or
allowed via subsection 32-45.10, may be authorized by the Planning Commission on a
case -by -case basis if a finding is made that the proposed use is consistent with the intent
and purpose of this chapter. Such case -by -case review shall take into consideration the
location, size and design of the building and the ability to effectively market a retail
business.
d. Development Requirements.
The maximum allowable floor area ratio is eighty percent (80%) of the gross site
area, inclusive of all conditioned space. Development of the site may be eligible for
a FAR which is higher than eighty percent (80%), as determined on a case -by -case
basis through the review of an individual development plan application, in
exchange for the provision of up to one hundred percent (100%) on -site parking
through the construction of underground or structured parking.
2. A minimum of seventy-five percent (75%) of the total ground floor space shall be
devoted to retail or restaurant uses. Personal service, service office and
service/commercial uses may be considered for location in a maximum of twenty-
five percent (25%) of the ground floor space where such use is located in a
courtyard area or another area off the main pedestrian access and upon issuance of a
Land Use Permit where a finding is made that such uses will result in the creation
of substantial pedestrian traffic. The permitted personal service, service office, or
service commercial uses are those which provide on -site service to customers as
their primary activity and which are compatible with the immediate area.
3. Personal service, service office, service commercial, business office, and
professional office uses are permitted on the second floor.
4. New development shall be designed to maximize the provision of on street parking
adjacent to the site. This may include the provision of angled parking, consolidation
of driveways, and/or other design solutions as appropriate.
5. The height limit is thirty-seven (37) feet.
6. The setback requirements are as established through a site -specific development
plan approval.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.22 Area 12: Multifamily lZesidential High Density_
a. Purk)ose. TO permit the use -Of' properties I'01- multila_milY_residential use, consistent with
the adopted Residential IVlultilaznily to 30 dwelling,un.ils per acre)
land usedesignationin the _Downtown Master Plan and the General Plan.
b. Peymilleci Uses. All multifamily residential usc,s permitted under Scct_ion_32-24 of the
Danville Municipal Code, and
c. ('®nclilionul Uses. Conditional uses as_contained in subsection_ 32 24.2 of_th Danville
Municipal Code may be permitted_ upon_ issuance of a Land Use Permit._
d. Develoj) menl Requirements.
I_ "fhe max_imutnallowable floor area ratio is eighty _.percetnt_ (-ON of_thc nct-_area
available__ for deve_loptnent _ (as determined by a _planning entillement deemed
completelm processing), inclusive of all habitable or conditioned space. Non-
hahitablc_ot° non -conditioned proiect develot)-tnent_area (e.g., enclose(I_irtdiv dual
garages, carports or structured basemer)t parking facilities) shall not be assessed
towards a projc-cCs floor area ratio_ calculation_._
2. The height Limit is thirty-seven (;"7) fcct._ The height accessory structures
_ _
is fifteen 05) feet.
Reduction from, the applicable DIM numerical parking reduirem nts set forth_ in
subsection 32.-45.344q) may be considered on a_pic.ject-by_�project__basis_where
housing to be developed isprovidedseniors, or, where it is determined that a
reduced dependency on personal vchicles_can re_asortahly be_antic;ipated.
c, Builcling_ScIbac'k.s. The ininimuiri building setbacks shall be as established through a_sne
specific development plan approval. htttnrc development abutting the 1-680 freeway
„ .
Shall )c sct backk a l.L7C eXlellt. I LJrUIc to LtUUgatc �gtcttLI_ ruit�us �� QJJV4tG6ll4l w'swii
Freeway _noisc.vibration, and/or air quality. Development along San Ramon Creek shall
be set back to_thc extent [casible_in otdcr to accontmodatc_a pedestrian path in vicinity oI'
the, top of' hank _ol`thc creek,
f. Supplerncniul Subulillol Regni:retienis. Apphcation materials to be supplied at the time o{'
subtttittal of a developtncrtt plait application shall, in addition_ to the submittal
recfturcments addressed in subsection 32--45.41 Applicationdctail the following:
I The location,_and_ chrncn..iorza,l layout of and tanden) parking si cc,
motorr,r/cic parking spaces, or bicycle p�t,rl:iut, spa.ccs proposed for the prof ci;;
Che nIininit.tn-t and avcr i,c stzc;t> of individual priva,c open sljaC(_, arf,"ts (i.e., opr°11 or
covcyred I private_patios _and privatc_balconie,�) proposed fOr the project,
3.__ The location, manuMuini sue, and_avcrage size of Ip6vate_storagc_apaces propose(
for the project;
4._ The pro4)osed _means to screen proposed_ above -ground translormLrs._nietcrs, and
other utilities; and
5. The location, dcsign and construction materials p_r_oposed -lor project fencing and
retaining walls.
6. I'l c Dercent coverage _of land_by buildings and -structures,
7.The location and design of otisite_pi,( ectlighting.
8, The location, -designand constructionmatcrials proposed for project porches,
stoops, and similar design features.
Division 3
DEVELOPMENTSTANDARDS
32-45.22 Architectural Development Standards.
This section sets forth specific architectural design guidelines for the development of new
structures and the remodel of existing structures which changes the appearance in the designated
Downtown Business District.
Danville's Downtown Business District contains a mixture of historic buildings and architectural
styles in a pedestrian -friendly setting. Though considerable variation exists in the downtown
with respect to architectural styles, the overall scale and character of the downtown respects the
areas' nineteenth century origins. The different architectural styles that form a historical context
for the downtown include:
• Gothic Revival (169 Front Street);
• Victorian (100 School Street);
• Vernacular (411 Hartz Avenue);
• Victorian Stick (205 Railroad Avenue);
• Neoclassic Rowhouse (146 Diablo Road);
• Queen Anne Cottage (500 Hartz Avenue);
• Traditional Commercial Storefronts (360, 370 and 376 Hartz Avenue);
• Craftsman/California Bungalow (402 and 404 Hartz Avenue);
• Spanish Eclectic/Spanish Revival (345-349 Hartz Avenue, 201 Front Street).
Chapter 3 - "Architectural Styles" of the Town's Design Guidelines for Heritage Resources
includes a comprehensive description of these architectural styles. The Town's Survey of
Historically Significant Resources identifies additional styles that transition from one era to
another, including types or subsets of the Victorian era, such as Italianate, Stick/Eastlake, and
Colonial Revival.
For the twelve (2Ithirteen (13) land use areas identified downtown, all development standards
contained in section 32-45 must be applied in a manner which ensures that the design of new
buildings is successful on a standalone basis, while working in context with the buildings'
surroundings, allowing for effective integration of the new building into the existing downtown
fabric.
Ground floor retail uses are required in Areas 1, 2, 2A, 3 and 11, in order to promote a pedestrian
friendly environment and retail continuity. Storefront design standards included in this section
are intended to facilitate this objective.
The following construction materials and detailing apply to all fie-thirteen(13) land use areas
set forth in Division 2.
a. Project Design.
1. Design of all buildings must be consistent with these guidelines; corporate, chain or
franchise designs are not permitted.
2. A variety of traditional architectural styles and shapes is permitted. Designs may
relate to historic elements seen within the area, but must be also distinguishable as
being newer than the heritage resources. Imitation, period pieces, or reproduction of
historic styles, such as those seen in theme amusement parks, are not allowed.
3. Building detailing must be incorporated into each of the four sides of the building
and consistent with the building's dominant architectural style. Visible blank walls
are not allowed. Walls must be articulated through windows, signs, lighting, vertical
landscaping, or other architectural detailing. Detailing shall be an integral part of
the building design and used appropriately throughout.
4. Outdoor spaces defined or partially enclosed by buildings shall be designed to
function as focal points, merchandise display area, and/or gathering spaces for
sitting and walking as appropriate to the site.
5. Exterior lighting shall be addressed as an integral part of building landscaping and
design.
b. Building Mass and Scale.
1. Larger building facades must be broken into smaller units to convey a sense of
human scale along street frontages.
2. New buildings must step down in height as it approaches a Heritage Resource
building, Hartz Avenue and street corners.
3. New buildings shall observe the height limits as specified within the development
requirements of each of the applicable land use areas.
c. Building Materials and Colors.
1. Use the highest quality materials for building facades, consistent with the
architectural style of the building.
2. Materials considered appropriate when used consistent with the architectural style
of the building include:
(a) Full and half brick;
(b) Wood siding;
(c) Natural/authentic masonry;
(d) Stucco;
(e) Slate;
(f) Shingles/shakes;
(g) Wood windows and storefront doors;
(h) Metal and wood trellis;
(i) Tile accents;
0) Metal accents;
(k) Glass block accents.
3. Use of materials designed to conserve natural resources and reduce negative
impacts on the environment is encouraged.
4. Materials not allowed include:
(a) Windows with internal muntins or simulated divided light;
(b) Lava rock;
(c) Synthetic/cultured stone;
(d) Metal siding;
(e) Corrugated metal;
(f) Plastic;
(g) Concrete block units;
(h) Fiberglass panels.
5. Building colors shall be appropriate to the architectural style of the building and
work in context with surrounding buildings.
6. Paint colors shall complement the colors of facade materials such as brick,
masonry, etc.
d. Retail Frontages.
1. Space storefronts in a repeated rhythm along the sidewalk to maintain pedestrian
continuity and interest. Minimize wall space between storefront windows.
2. Storefront bases must be no more than twenty-four (24) inches high from the
sidewalk.
3. Storefront base material must complement the upper facade material.
4. Use of accent lighting to highlight merchandise displays in storefront windows is
encouraged.
5. Facades with multiple storefronts may vary base material, entry location or awning
design.
e. Entries.
1. Building and storefront entries shall be at sidewalk level.
2. In corner locations, the primary entrance shall be on the major street, or diagonally
at the corner.
3. Entry doors to the street level shall be a minimum of fifty percent (50%) glass.
4. Where appropriate in design, storefront entries may project or be recessed for added
relief on building facades.
5. Rear and side entries shall be compatible with front entries unless such entries are
visually inaccessible or an alternate design is required for building code purposes.
f. Windows.
1. Articulate windows from the building wall through bay windows, recessed
windows, trim, or other design element.
2. Windows shall use clear or lightly tinted glass. Use of dark or reflective glass is
prohibited.
3. Windows above the first floor shall be placed in a regular pattern or patterns, and
shall be smaller than ground floor windows.
4. Use projecting window sills.
5. Transom windows are encouraged in new construction if appropriate to the
architectural style of the building.
6. Storefront display windows shall have a vertical, rectangular orientation in a
manner that is compatible with the character of downtown. Vast plate glass panels
shall be avoided. True divided light windows are encouraged. Allocate a minimum
of sixty percent (60%) of the storefront to display windows.
7. Storefront windows are to be uncovered and visible. Interior window coverings
shall not be used in street level windows for retail spaces. Display lighting is
encouraged.
8. Fully openable display windows are encouraged where appropriate.
g. Roofs.
1. Roofs shall be an integral part of the building design that complements the structure
in scale, height and mass. Roof elements shall be similarly treated and
architecturally integrated on all building elevations. The combination of
incompatible roof elements is not permitted.
2. All roof -mounted mechanical and electrical equipment shall be fully integrated into
the overall roof design so as to be totally screened from off -site view.
3. Decorative features such as accent materials, patterns, cornices, brackets, finials and
roofline shapes are encouraged.
4. Materials. The following roof materials are appropriate when installed per Chapter
15 of the California Building Code:
(a) Wood shingles or shakes;
(b) Concrete tile;
(c) Clay tile;
(d) Slate;
(e) Composition roof materials compatible with the character of downtown;
(f) Metal roof as an accent only.
5. The following roof designs are considered appropriate.
(a) Hip and/or gable roofs;
(b) Flat/minimum pitch roofs are permitted provided that no portion of the roof is
visible from off -site and with sufficient detailing such as use of cornices or
parapets. Further, all ducts, meters, air conditioning and/or any other
mechanical equipment shall be effectively screened from view.
6. The following roof styles and designs are not permitted:
(a) Mansard;
(b) Shed;
(c) Built up or flat/minimum pitch roofs such that they may be viewed from off -
site;
(d) Metal roofs, unless used as an accent and not the entire roof.
h. Building Projections and Sidewalk Coverings.
1. Encroachment into the public right-of-way must be approved as a part of a
development plan permit and requires an encroachment permit and building permit.
2. Building projections shall be designed to relate to or complement the architectural
style of the building and not block visibility of either the storefront or the
architectural features of the facade.
3. Projections shall be designed so that upon removal, the architectural character and
integrity of the facade shall remain intact.
4. All projections shall maintain a minimum vertical clearance of eight (8) feet.
5. Where posts or columns are proposed to support building projections, posts or
columns shall be spaced to reinforce, rather than interfere with, facade or storefront
elements. Climbing flowering vines or other landscape elements are encouraged for
use with such posts or columns.
i. Site Design.
1. All outdoor storage and refuse collection areas shall be enclosed with self -closing
and self -latching gates and screened so that they are not visible from access streets
and adjacent properties.
2. Outdoor storage of all company owned and operated motor vehicles, except for
passenger vehicles, shall be reasonably screened from view from access streets,
freeways and adjacent properties.
3. Storage or refuse collection is not permitted within front yard setback areas.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2)
32-45.23 Landscaping Development Standards.
The following landscaping development standards apply in the Downtown Business District:
a. General. Each site must have landscape elements, such as planting areas, window boxes,
containers, trellis, and/or vertical landscaping. All landscaping shall be provided with an
automatic irrigation system. All trees shall be minimum fifteen (15) gallon size. Shrubs
shall be minimum five (5) gallon size. Shrubs used as ground cover shall be minimum
one (1) gallon size. All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover or covered with mulch. All unpaved, non -work areas (excluding
vacant lots) shall be landscaped.
b. Hardscape. All sidewalks, decks and patios shall be constructed using concrete, exposed
aggregate, stamped concrete, bricks, brick pavers, wood decking, tile or terrazzo. The use
of asphalt pavement is only permitted in driveway and parking areas.
c. Perimeter Areas. Perimeter landscaping is required along all property lines where
buildings are set back from the lot line. One (1) tree per thirty (30) lineal feet of property
line shall be planted in the perimeter area in addition to required ground cover and
shrubs. Trees may be clustered or uniformly spaced.
d. Frontage Landscaping. Frontage landscaping shall conform to the adopted Streetscape
Beautification Guidelines.
e. Landscaping should be used in a complementary fashion, and should not obscure
architectural elements on a building.
f. Drought tolerant plants are encouraged.
g. Parking Areas.
1. A planter or landscaped strip at least five (5) feet in width shall be provided
adjacent to street rights -of -way. Automobiles should be screened from off -site
views with a combination of planting, berming and walls.
2. Driveway and parking areas shall be separated from adjacent landscaping by a wall
or curb at least four (4) inches high, but no more than three (3) feet six (6) inches in
height.
3. One (1) tree for each five (5) parking stalls shall be installed within fingers or
medians that project into the paved area.
h. Undeveloped Areas. Interim landscaping, including erosion control measures, shall be
provided on all graded sites that will remain vacant prior to building construction.
Undeveloped areas shall be maintained in a weed -free condition.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2)
32-45.24 Lot Area and Width.
The minimum lot area shall be thirty-five hundred (3,500) square feet, with a minimum average
lot width of thirty-five (35) feet except where a smaller lot existed prior to the adoption of this
chapter.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2)
32-45.25 Outdoor Display of Merchandise Criteria (Permitted in DBD 1, 2, 2A, 3, 4, and 11
only).
a. The public sidewalk (minimum five (5) feet) must be kept clear of merchandise to allow
for adequate public access. The five (5) foot public sidewalk provided shall meet all
applicable accessibility standards for pathways, as defined by the current building code.
b. A minimum five (5) foot wide access shall be provided between the public entry to the
storefront and the public sidewalk.
c. No merchandise may be placed in a manner that impedes emergency personnel access.
d. Merchandise may be placed within the right-of-way if the criteria of 3a., 3b. and 3c.
above are met, provided an encroachment permit is issued by the Town of Danville prior
to placement.
e. Merchandise shall not impede access to surrounding businesses.
f. The display area for the merchandise shall be limited to the area immediately in front of
the subject tenant space.
g. Merchandise shall belong to the retailer using the subject building's ground floor space,
and shall solely consist of retail goods normally sold within that store. Subleasing of
outdoor space is expressly prohibited.
h. The maximum height of merchandise shall not exceed eight (8) feet in height above
storefront entry level.
i. Outdoor display of automobiles is permitted subject to approval of a Land Use Permit.
j. Merchandise shall be brought indoors overnight.
k. Merchandise shall be rotated seasonally, at a minimum.
1. Sign requirements as contained within the Town of Danville Signs and Outdoor
Advertising Ordinance (Chapter 32-98) shall apply to all outdoor display of merchandise
contained within this chapter.
in. This section shall apply to retail businesses only.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
32-45.26 General Requirements.
a. Grading within the Downtown Business District is subject to the approval of the Chief of
Planning and the Chief Building Official and is allowed by permit only if a development
plan has first been approved by the Town.
b. No excavation or grading shall be done except in connection with the construction of an
improvement. Upon completion thereof, exposed openings shall be backfilled and
disturbed ground shall be finished and graded. Where not built upon, all sites shall be
landscaped consistent with the intent of this chapter.
c. All access plans, necessary right-of-way dedications and improvements shall comply
with the requirements and approval of the City Engineer.
d. If regulations contained in this chapter are inconsistent with the regulations of County
Ordinance Code Chapters 82-16, 84-52 and 84-66 (adopted by the Town)* the
regulations of this chapter prevail.
e. Before a change in business or use, the new business or use is required to obtain a
certificate of zoning compliance from the Chief of Planning.
f. Before accepting a development plan application, the Chief of Planning or the Heritage
Resource Commission shall determine the historical significance of the site.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
*Editor's Note: These chapters of the Contra Costa Code are codified as sections 32-8, 32-61
and 32-63 of these Revised General Ordinances.
32-45.27 Administrative Relief.
a. Administrative relief from the provisions of the architectural and landscaping
development standards of this Division 3 may be granted by the Chief of Planning
provided that the following findings can be made:
l . That the intent of this chapter will be preserved; and
2. The applicant/developer can demonstrate the regulations of this chapter are
inapplicable to the characteristics of the business district area in which the project is
located.
b. The variance procedure set forth in subsection 32-45.47 applies to changes of a
requirement of lot area and width, building height and setbacks.
(Ord. 2005-07, §2; Ord. 2008-08, § 2)
Division 4
PARKING STANDARDS
32-45.30 General Requirements for On -site Parking.
a. Applicability to Existing Land Uses. A land use existing in the Downtown Business
District as of November 21, 1988, or for which a building permit has been issued, is not
subject to the requirements of this chapter until there is a change of use/ business or
expansion of the structure, provided that on -site parking facilities now required or serving
such land uses are not reduced below these requirements in the future. A project already
approved as of November 21, 1988 shall comply with the original conditions of approval
until a new project is submitted and approved for the site. Parking required by the
original conditions of approval may be removed with approval of the Planning
Commission provided the owner demonstrates that removal is consistent with the intent
and purpose of this chapter.
b. Fractional Parking Space. Where the computation of required on -site parking spaces
results in a fractional number, only the fraction of one-half (1/2) or more shall be counted
as one (1).
c. Mixed Uses. Where property is occupied or intended to be occupied by two (2) or more
uses which fall into different use classifications, the on -site parking requirement shall be
the sum of the requirements for the various individual uses, computed separately. On -site
parking provided for one (1) use shall not be considered as being provided for any other
use unless a joint -use parking agreement is first approved by the Town.
d. Joint Use Parking Agreements. A joint -use parking agreement may be used when the
Town determines that all of the required parking cannot be met on -site or in the Town's
municipal parking lots. A joint -use parking agreement may be considered when the joint -
use parking is to be provided on an adjacent lot but in no instance shall the distance from
the adjacent parking to the proposed facility be greater than one hundred fifty (150) feet.
Such parking shall be specifically designated for the uses to which it is assigned. The
same parking spaces may not be counted toward the required parking for more than one
(1) use at a time.
The applicant shall provide evidence to the satisfaction of the Chief of Planning that the
joint -use parking agreement provides for a specified number of parking stalls, is recorded
to run with the property and is enforceable for a specified term.
e. Shared Parking. "Shared parking" means that a portion of the required parking spaces is
provided on -site and/or a portion is provided in the municipal parking lot where the same
parking spaces are assigned to more than one (1) use at one (1) time. Shared parking is
required in Areas 1, 2, 2A, 3 and 5.
Because Areas 1, 2, 2A, 3 and 5 are developed with high density retail uses and the
availability of on -site parking is limited, a parking reduction may be considered when it
is determined that shared parking will be used. This parking reduction will only be
allowed when a minimum of twenty-five percent (25%) of the required parking is
purchased in the off -site public lot or when the development exceeds twenty thousand
(20,000) square feet of gross building floor area. The shared parking credit shall be
determined according to the schedule below.
Use
Shared Credit
In Lieu Fee
Retail
20%
50%
Restaurant
20%
100%
Service Office
(1st Floor/ Area 1 and 2)
0%
100%
Second Floor Area 1 and 2 and all
other areas
20%
100%
Office
20%
100%
Personal Service
20%
100%
Service Commercial
20%
100%
Designated Heritage Resource
Determined by Heritage Resource Commission
f. In Lieu Fees. In lieu parking fees shall be set at three thousand five hundred ($3,500.00)
dollars/space for retail uses and seven thousand ($7,000) dollars for all other uses. The
total amount of in lieu parking fees will be based on the number of parking spaces
required for the Downtown Business District, Section 35-45 of this Code. In calculating
the in lieu parking fee, if a credit to the property owner for Assessment District 73/74 (the
Clocktower lot) is applicable, the credit shall not exceed the amount owed to the Town by
way of the new project. Any in lieu parking fees due to the Town shall be paid as a
condition of the issuance of (1) a land use entitlement or (2) a building permit, whichever
occurs first. Upon request from the person responsible for paying the in lieu parking fee,
the Town Manager may provide for the collection of the fee over a specified period of
time upon execution of a promissory note in a form approved by the City Attorney.
g. Beginning June 17, 2009, parking in -lieu fees for DBD 1, 2, 2A, 3 and 11 shall be set at
$0 for new development and additions which result in the provision of ground floor retail
uses as required under the subject zoning districts. The fee waiver does not apply to
restaurant uses. The fee waiver does not apply to any other changes of use(s) in existing
buildings which results in a higher parking demand. This parking fee waiver shall be in
effect for a period of two (2) years, at which time the fee waiver shall expire.
(Ord. 2009-02, § 2)
h. Tandem Parking. Tandem parking is permitted only when the parking is used to meet the
needs of employees or valet service is being provided. The property for which tandem
parking is permitted must be posted or designated as such and the owner must record a
deed restriction.
i. Compact Parking. Up to thirty percent (30%) of the required parking may be provided in
compact stalls. The compact stall dimension shall measure a minimum of eight (8) feet
by sixteen (16) feet.
Historic Preservation Parking Relief. A reduction in the total number of parking spaces
required under this chapter for a property designated a Heritage Resource shall be
permitted according to the determination made by the Heritage Resource Commission.
k. Assessment District 73174. Contra Costa County. Any parcel of land located within the
existing Municipal Lot Assessment District (AD 73/74) shall receive credit for
participation in that district by one (1) of the following:
If the parcel is within the one hundred percent (100%) area of benefit: (located
adjacent to the Municipal Parking Lot) then that parcel shall receive full credit for
the number of parking spaces for the existing use on the site.
2. If the parcel is located outside of the one hundred percent (100%) area of benefit
(noncontiguous to the Municipal Parking Lot) then it shall receive full credit for the
actual on -site spaces plus full credit for the actual dollar amount paid into AD 73/74
against payment of any in lieu fees.
1. Loading and Deliveries. Deliveries are encouraged in the Downtown Business District
between the hours of 6:00 a.m. and 11:00 a.m. due to the commercial density of the area
and the disruptive nature of loading activities at later times. Each development plan shall
be required to include provisions for off -site loading such as a designated area, parking
management plan or provisions for the use of a required parking stall to be used for
loading during off -business hours. Handicapped parking stalls may be used for deliveries
during hours in which the business being served is not open to the public.
in. Parking areas may not be used for merchandise sales, storage, repair work, dismantling or
servicing of any kind.
(Ord. 2005-07, §2)
32-45.31 Old Town Parking Area.
The special parking requirements of this chapter apply in Area 1, Area 2, Area 2A , Area 3, and
Area 11 of the Downtown Business District.
a. Applicability. Existing on -site parking shall be allowed until one of the following occurs,
at which time the property owner shall comply with the requirements of subsection b.
below.
1. The property in question is completely redeveloped with new structures and new
uses/businesses; or
2. A change of use/business is proposed which will intensify the parking demand; or
3. An addition to an existing structure is proposed and the work (Note: All building
additions approved after adoption of this chapter are cumulative):
(a) Is less than fifty percent (50%) of the existing square footage of the structure.
In this case, the new square footage added must comply with the new parking
standards;
(b) Is greater than fifty percent (50%) of the existing square footage of the
structure. In this case, the entire square footage of the building, both existing
and new, shall meet the parking requirements of this chapter.
b. Parking District Designations and Requirements.
1. Parking District A. The boundaries of Parking District A are contiguous with the
boundaries of Area 1 (Old Town Retail)-, as designated on Exhibit "A".* Proposed
development within Parking District A shall conform to the following standards and
those standards in subsection 32-45.32 and 32-45.34.
(a) A minimum of fifty percent (50%) of the required parking shall be provided
off -site in municipal parking lots.
(b) On -site parking may be provided underground or at grade as long as it is
adequately screened. At grade parking located along Hartz Avenue shall be
placed to the rear of buildings or substantially set back and buffered with
berming, walls and landscaping that screens the parked vehicles.
(c) Curb cuts shall be combined and minimized.
2. Parking District B. The boundaries of Parking District B are contiguous with the
boundaries of Area 2, Area 2A, (Old Town Retail Transition) and Area 3 (Old
Town Mixed Use) as designated on Exhibit "A".* Proposed development within
Parking District B shall conform to the following standards and those standards in
subsections 32-45.32 and 32-45.34.
(a) Up to twenty-five percent (25%) of the required parking shall be provided off -
site in municipal parking lots.
(b) Surface on -site parking is allowed.
3. Parking District C. The boundaries of Parking District C are contiguous with the
boundaries of Area 11 (Special Opportunity District) as designated on Exhibit
"A".* Proposed development within Parking District C shall conform to the
following standards and those standards in subsections 32-45.32 and 32-45.34.
(a) A minimum of fifty percent (50%) of the required parking shall be provided on -
site.
(b) Surface on -site parking is allowed.
(Ord. 2005-07, §2)
*Editor's Note: Exhibit "A" can be found in the Office of the Planning Director of Town of
Danville.
32-45.32 Design and Layout.
a. Dimensions of the required on -site parking spaces and driveways shall have the following
dimensions:
Parking Angle
(Degrees)
Stall Width
Curb Length
Stall Depth
Driveway
Width
0
810"
2210"
810"
1210"
30
910"
1810"
1714"
1110"
45
910"
1219"
19,10"
1310"
60
910"
1015"
2110"
1810"
90
9'0"
910"
19'0"
2410"
b. All on -site parking facilities shall be designated with appropriate maneuvering areas and
means of vehicular access to the main and auxiliary streets. If the parking area does not
abut a street, there shall be an access driveway not less than twelve (12) feet in width for
one-way traffic and not less than twenty (20) feet for two-way traffic leading to the
parking area in such a manner as to secure the most appropriate development of the
property in question.
c. Pavement markings shall indicate the direction of traffic flow, stall width and length and
any other directional signage and marking required.
d. Lighting shall be directed downward and all rays confined to the site. Lighting intensity
shall be no greater than that required to reasonably light the parking areas.
e. Access to public parking areas and curb cuts shall be so located as to insure an efficient
and safe traffic flow into the parking area and the public street.
f. Parking stall depth may be decreased two (2) feet in length when a bumper overhang is
used. However, the two (2) feet that is subtracted from the parking stall must be replaced
by landscaping which the vehicle can overhang.
g. A minimum of six (6) foot high solid fence or masonry wall of a design acceptable to the
Chief of Planning shall be provided along the edge of any public parking area adjacent to
residentially zoned property.
h. A barrier curb or wheel stop at least four (4) inches in height shall be provided adjacent
to landscaping, near buildings or other non -parking areas.
i. Required on -site parking areas shall be surfaced with an asphaltic or Portland cement
pavement or similar material so as to provide a durable and dustless surface. Areas shall
be graded and drained to prevent the ponding of water.
If a driveway provides access to a parking area with a garage or carport having access
from either or both sides, the driveway shall be a minimum of twenty-four (24) feet in
width. The garage and carport spaces shall be at an angle of sixty (60) degrees or greater
and shall be set back a minimum of four (4) feet on one (1) side only, thus providing a
twenty-eight (28) foot separation between structures or obstructions to facilitate vehicular
turning movements.
(Ord. 2005-07, §2)
32-45.33 Maintenance and Operation.
All required parking facilities shall be provided and maintained so long as the structure exists
which the parking areas were designed to serve. On -site parking facilities may not be reduced in
area, except when the reduction conforms to this chapter.
(Ord. 2005-07, §2)
32-45.34 Parking Requirements.
Parking spaces shall be provided for each land use as follows:
a. Retail Stores and Service/Commercial, except as otherwise specified here: One (1) space
per two hundred fifty (250) square feet of gross floor area;
b. Retail Stores Which Handle Only Bulky Merchandise, such as Furniture, Household
Appliances and Automobiles: One space per five hundred (500) square feet of gross floor
area;
c. Service/Commercial, Repair Shops, Wholesale Establishments and Retail and Wholesale
Establishments where business is conducted primarily outside of buildings: One (1) space
per five hundred (500) square feet of gross floor area;
d. Personal Service: Two (2) spaces per station;
e. Service Offices and Business/Professional Offices, other than Medical and Dental
Offices: One (1) space per two hundred twenty-five (225) square feet of gross floor area;
f. Medical and Dental Offices: One (1) space per fifteen (15) square feet of waiting room
area, plus one (1) space per examining room, dental chair or similar use area;
g. Restaurants, Night Clubs, Cocktail Lounges:
1. Dine -in restaurants: one (1) space per one hundred (100) gross square feet or one
(1) per three (3) seats (whichever is greater);
2. Take-out restaurants: one (1) space per two hundred fifty (250) square feet;
3. Combination take-out (primary use) and dine -in restaurants: one (1) space per four
hundred (400) square feet behind the counter plus one (1) space per one hundred
(100) square feet in front of the counter or one (1) per three (3) seats (whichever is
greater).
4. Outdoor seating may be provided according to the following formula based on an
approved interior seating plan submitted with a Land Use Permit:
(a) Up to twenty-five percent (25%) of the approved interior seats: no additional
spaces;
(b) Twenty-six to fifty percent (26% - 50%) of the approved interior seats: one (1)
space per six (6) seats;
(c) Over fifty percent (50%) of the approved interior seats: one (1) space per three
(3) seats.
h. Auditoriums and Assembly Halls:
1. With fixed seats: one (1) space per four (4) fixed seats;
2. Without fixed seats: one (1) space per forty (40) square feet of gross floor area.
i. Churches: One (1) space per three (3) seats: (eighteen (18) linear inches of bench is
considered one (1) fixed seat);
j. Hotels and Motels: One (1) space per sleeping unit;
k. Rooming and Lodging Houses: One (1) space per each bedroom;
1. Warehouses and Other Storage Buildings: One (1) space per one thousand (1,000) square
feet of gross floor area;
m. Bowling Alleys: Five (5) spaces for each alley, plus one (1) space for each two (2)
employees;
n. Hospitals: One (1) space for each two (2) beds;
o. Sanitariums, Convalescent Homes, Rest Homes, Nursing Homes: One (1) space for each
three (3) beds;
p. Mortuaries: One (1) space per fifty (50) square feet of gross floor areas in the chapel
areas;
q. Multi family Residential: Each apartment and dwelling unit shall have on -site automobile
parking space on the same lot or parcel as follows:
1. Studio dwelling unit: one (1) space;
2. One (1) bedroom dwelling unit: one and one-half (1-1/2) spaces;
3. Two (2) or more bedroom units: two (2) spaces, plus one -quarter (1/4) space per
each dwelling unit for guest parking, which may include available curb parking
along the property's street frontage.
4. Spaces shall not be located within the side yard or setback areas of the principal
structure.
5. Fractional amounts shall be rounded out to the next higher whole number of spaces.
6. In no event may there be less than one (1) covered space per dwelling unit.
(Ord. 2005-07, §2)
32-45.35 Administrative Relief and Parking Reductions.
Administrative relief from the terms of this Division may be granted by the Chief of Planning if
strict application of the requirements of this Division are found to be inappropriate and measures
approved by the City Attorney are incorporated into the project which preserve the intent of this
Division.
(Ord. 2005-07, §2)
3245-.3632-4-_5J9--Deserved-
3245 6 Enicti'uenev Sheltee-s-o
a. P_-uIhose. The followinprovisions, in conlormanc,e-wmt.h state law,, establish standards for
the Town review of emergency- shelters. For the purposes of this subsection, an
emergency shelter shall he_c.onsidcred -to have the -same meaning as defined in Section
50801 of the California State, I fcalth and Safety C1odc and does_ not refer toemergency
shelters _set ut� for disaster relief. The- following ,requirements- are to implement_ the
programs in the Danville Ilousing_L;lemcnt, to ensure compliance with Section 65583 of
-
the C10-v-e1nment Code, and to meet the emerg_enc,y shelte-r needs of the community._
b. l p�nli crhili . _ FI - _g nc,y shelte-rs shall -be __permitted In ac.un dance_with the -Iand_ use
regulations ol' the D13D urea 3 Old "town Mixed Use district anid shall comply with the
foltowing standards:_
IProperly clevelopmenl slanclurcls, The shelter Shall conform to all property
development standards. of the zonitlt; district.
Loculion._ No _emergency shelter shall he located within 300- feet of' another
emergency shelter.
Tr-o_nsil accessihilily. Unless_ the emergency shelter facility_ is located within one
half rinle_of an existing; hus_route station,_ ongoing alternate means-ol, transportation
shall be provided by the facility operators, suchas provision of a shuttle bus service
to and from the hus route station.
4,--- 4a_nagcmenl._I_he shelter shall have 24-hour, professional on -site marragern
CIAL.
5. SecuTily.The shelter shall have on -site security-<Ind/or_security cameras.
6. _ lJ hling.The shelter shall have adeduatc; outdoor lifjltilmr; for security purposes,
I, Lev lh o .�lav, f'llc shcltcr shall be available to residents for-thirty-(.30) days,
_ - - --
1,XLCIT ions up to a total of one hundred -eighty _(180)_clays inay he provided by thc;
MI -smite nmsanaf;er illno al(crn tivc fiousijig, is aY ilalk,
8.- it'la ifnan nrrn3her oI pei� sons/fled_-A tic shelter -shall contain_a Inax_irnum nutnhcr o
I'?1 k,, I, "nvl ""I,dI Q,'p ;vi rII,Np i11 I, IvvoI C (I t'Iieattia
c}. Wailing uncl inlokc, crreras. The shelter shall have a !)rival(,, tmrea to_rcccivc clients.
10, On)ilc ,)(arkinr;. The .,h<mlf prd;vid<, for lhtrty—livc; hundredths (0._'0) p�ccki) ts,
.gip CC, P"rr itrchvid v-11 hcd phl", one, (1 ) 'Idditional space per c rnpjoyc,(-
1 1. Conernorr_ /cicililie"' "1 hc. �d)c1l,cr play pri,vidc one or more of thc ltrllowin g apes ific�
faGihtmes for th(� �,xclrmsivc use ol'the., and staff:
(a)_ Central cookiiig_and_dirling room.
(b)_ Recreation room. -
(c;)_ Counseling center.
(d) Child-care facilities.
(e.).. I aurldry facilities.
((j Other support services.
32-45.37-32-45.39 Reserved.
Division 5
DEVELOPMENT PLAN REVIEW PROCEDURES
32-45.40 Development Plan Requirement.
All land within the Downtown Business District is designated a P-1 Planned Unit District and
may be used as allowed and regulated in this chapter. No development is permitted in the
Downtown Business District unless a development plan has been approved by the Chief of
Planning or the Planning Commission.
When a development plan application involves a single property owner with parcels located in
more than one (1) land use area and/or parking district, the Planning Commission, at its
discretion, may combine the requirements of the land use areas and/or parking districts in the
interest of creating a cohesive, integrated project.
(Ord. 2005-07, §2)
32-45.41 Application.
A request for development plan approval shall be signed by the property owner and by the owner
of any option to purchase the property or portion thereof. Except as waived in writing by the
Chief of Planning, the application shall consist of thirty (30) copies of each of the following:
a. A site plan, drawn to scale, indicating:
1. Proposed use(s) of all land;
2. Existing natural land features, trees and topography;
3. Circulation plan for all vehicular and pedestrian ways including parking areas;
4. Location and dimensions of the property and all existing structures;
5. Preliminary grading for the development;
6. Project phasing plan if more than one (1) phase is proposed.
b. A preliminary title report.
c. A preliminary utility plan including provisions for storm drainage, sewage disposal and
public utilities.
d. Preliminary architectural plans including floor plans and all elevations.
e. Preliminary landscape plan.
f. Additional drawings or information as may be required by the Chief of Planning.
(Ord. 2005-07, §2)
32-45.42 Approval Procedure.
A development plan application shall be submitted to the Planning Commission and/or the Chief
of Planning, as the case may be, for approval. The Chief of Planning or Planning Commission's
decision may be appealed within ten (10) calendar days or it becomes final.
(Ord. 2005-07, §2)
32-45.43 Findings.
When approving and adopting the development plan application, the Chief of Planning and/or
Planning Commission, as the case may be, shall be satisfied regarding all of the following:
a. The applicant intends to obtain permits for construction within eighteen (18) months from
the effective date of plan approval;
b. The proposed development plan is consistent with the General Plan;
c. In the case of residential development, the proposed development will constitute a
residential environment of sustained desirability and stability, and will be in harmony
with the character of the surrounding neighborhood and community;
d. In the case of commercial and office development, the proposed development is needed
at the proposed location to provide adequate facilities of the type proposed, and that
traffic congestion will not likely be created by the proposed center or will be obviated by:
1. Presently projected improvements;
2. Proper entrances and exits;
3. Internal provisions for traffic and parking; and
4. That the development will be an attractive and efficient center which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development.
(Ord. 2005-07, §2)
32-45.44 Termination.
a. Procedure. Development plan or land use permit approval expires thirty-six (36) months
after the Chief of Planning or the Planning Commission's approval for new development
or an addition to an existing structure, as the case may be, if a building permit has not
been issued and construction commenced. development plan or land use permit approval
expires thirty (30) months after the Chief of Planning or the Planning Commission's
approval, as the case may be, for new businesses, established in existing structures if a
building permit has not been issued, construction commenced and/or the business
established.
(Ord. 2009-02, § 2)
b. Time Limit Exception. The time limitation in this chapter applies only to the first phase of
a phased development plan; it does not apply after approval and implementation of the
first phase.
c. Extensions. Upon a showing of good cause, the Chief of Planning or the Planning
Commission, as the case may be, may grant not more than two (2) extensions of the time
limitations in subsection a. above, each for no more than one (1) year.
(Ord. 2005-07, §2)
32-45.45 Plan Changes or Amendments.
A change in the approved development plan and its conditions of approval may be approved by
the Planning Commission. Minor changes may be approved by the Chief of Planning.
(Ord. 2005-07, §2)
32-45.46 Conditional Use Permit.
Application. Any application for development plan approval may be accompanied by an
application for a Land Use Permit as required by Divisions 2, 3 and 4 of this chapter. A separate
application for a Land Use Permit may be submitted for review and approval by the Chief of
Planning consistent with the intent of this chapter, and may, at the discretion of the Chief of
Planning, be referred to the Planning Commission for disposition.
(Ord. 2005-07, §2)
32-45.47 Variance.
a. Granting Procedure. A variance to modify a requirement of this chapter may be granted
in accordance with the procedures and standards of the Danville Ordinance Code,
subsection 304.1 and Government Code Section 65906.
b. Special Uses. Land Use Permits for special uses as deemed appropriate by the Chief of
Planning and/or Planning Commission and Variance Permits to modify the provisions
contained in Divisions 2, 3, 4, and 5 of this chapter may be granted after application in
accordance with Section 30-4.1 of the Town of Danville Municipal Code.
(Ord. 2005-07, §2)