HomeMy WebLinkAbout135-88-i
BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
IN THE MATTER OF:
Adding to Title 8 (Planning and ) Ordinance No.135
Land Use of the Town of Danville )
Municipal Code Chapter 35, )
Downtown Business District-- )
regulation of land use and )
development of properties within )
the designated downtown area. )
)
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. A new chapter 35, Downtown Business District, comprised of
Sections 8-3501 through 8-3547, is added to Title 8 (Planning and Land
Use) of the Danville Municipal Code to read as follows:
"Chapter 35
Downtown Business District
Article 1. Introduction
Section 8-3501. Purpose and Intent
Section 8-3502. Definitions and Measurement Standards
Section 8-3503. Applicability
Article 2. Specific Uses and Definitions
Section 8-3510. Exhibit "A"; Land Use Areas
Section 8-3511. Area 1; Old Town Retail
Section 8-3512. Area 2; Old Town Retail Transition
Section 8-3513. Area 3; Old Town Mixed Use
Section 8-3514. Area 4; Resident Serving Commercial
Section 8-3515. Area 5; Commercial/Residential Mixed Use
Section 8-3516. Area 6; Business and Professional Offices
Section 8-3517. Area 7; Retail
Section 8-3518. Area 8; Retail/Office
Section 8-3519. Area 9; Multi-family Residential
Article 3. Development Standards
Section 8-3520. Architectural Development Standards
Section 8-3521. Landscaping Development Standards
Section 8-3522. Lot Area; Lot Width
Section 8-3523. Building Height - Maximum
Section 8-3524. Setbacks
Section 8-3525. General Requirements
Section 8-3526. Administrative Relief
Page 1 of Ordinance No.135
4 ' Article 4. Parking Standards
Section 8-3530. General Requirements for On Site Parking
Section 8-3531. Old Town Parking Area
Section 8-3532. Design and Layout
Section 8-3533. Maintenance and Operation
Section 8-3534. Parking Requirements
Section 8-3535. Administrative Relief and Parking Reductions
Article 5. Development Plan Review Procedures
Section 8-3540. Development Plan Requirement
Section 8-3541. Application
Section 8-3542. Approval Procedure
Section 8-3543. Findings
Section 8-3544. Termination
Section 8-3545. Plan Changes or Amendments
Section 8-3546. Conditional Use Permit
Section 8-3547. Variance
ARTICLE 1. INTRODUCTION
Section 8-3501. Purpose and Intent
Section 8-3502 Definitions and Measurement Standards
Section 8-3503 Applicability
Section 8-3501. Purpose and Intent.
It is the purpose and intent of this chapter to provide the Town of
Danville with a set of land uses and development standards for the
continued physical and economic growth of the designated downtown area.
Within Danville, there is a significant architectural character in
the buildings and development of the downtown area. This chapter
emphasizes preserving, maintaining and encouraging the significant aspects
of that architectural environment.
The Downtown Business District includes nine individual sub-areas
which detail specific uses that may occur.
Section 8-3502. Definitions and Measurement Standards.
In this chapter unless the context otherwise requires:
(A) "Building site area" means the total land area of the property
available for development of buildings, parking and landscape.
(B) "Setbacks from street corner" means that point of intersection of the
required setback lines from access streets, prolonged to the point of
intersection.
Page 2 of Ordinance No.135
' ' (C) "Front" and "side" of corner lots 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.
(D) "Building overhang" means any portion of a structure (including
appurtenant structures) which abuts and extends over the foundation line
of the building.
(E) "Area of elevation" means the total height and length of a building
as viewed from off-site.
(F) "Business" means the specific enterprise, occupant or tenant
utilizing space within a structure.
(G) "Use" means the type of business, i.e. retail, restaurant, service
commercial, service office, office.
(H) "Heritage Resource" means a structure so designated by the Heritage
Resources Commission.
(I) "Legal non-conforming use" means a use (i.e. retail, restaurant,
office) which does not conform to these regulations which was in existence
prior to adoption of this chapter.
(J) "Legal non-conforming business" means a business (i.e. "Sam's Bait
Shop") which does not conform to these regulations which was in existence
prior to adoption of this Chapter.
(K) "Zoning Compliance Certificate" is that form which details the nature
of a business and certifies that it meets the requirements of this
chapter.
(L) "Arbors" are open trellis-like elements which can be used to
emphasize building entries or outdoor activity spaces.
(M) "Awnings" are opaque canvas or synthetic fiber coverings which
provide shade from sun and protection from the elements.
(N) "Facia" is that portion of a structure which presents a flat,
horizontal band across the eave line of a building elevation.
(0) "Soffit" is the horizontal underside of either an eave or
building projection.
Section 8-3503. Applicability.
This chapter 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
Page 3 of Ordinance No.135
designations in this chapter and all development standards, including
parking, have been met.
Land uses will be regulated through the Development Plan review
procedure as follows:
(1) Existing Uses and Structures. A lawful use of land or buildings
existing at the time this chapter becomes effective but which does not
conform to this chapter, is a legal nonconforming use/business. A legal
non-conforming use/business may not expand or be permanently relocated and
no review is required for such a structure, use or business until there is
a proposed change of use, and/or business. Alteration to the exterior of
an existing structure may occur through the Development Plan review
process as outlined in Article 5. A legal non-conforming business may be
sold as long as the character remains the same.
(2) 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 Article 5.
(3) New Structures. Development plan approval pursuant to Article 5
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, or
remodeling which results in an increase of the floor area of an existing
building.
(4) Designated Heritage Resources. Any additions to a designated
Heritage Resource will require Development Plan approval pursuant to
Article 5. However, special considerations will be developed for these
structures by the Heritage Resource Commission.
ARTICLE 2. SPECIFIC USES AND DEFINITIONS.
Section 8-3510. Exhibit "A"; Land Use Areas
Section 8-3511. Area 1; Old Town Retail
Section 8-3512. Area 2; Old Town Retail Transition
Section 8-3513. Area 3; Old Town Mixed Use
Section 8-3514. Area 4; Resident Serving Commercial
Section 8-3515. Area 5; Commercial/Residential Mixed Use
Section 8-3516. Area 6; Business and Professional offices
Section 8-3517. Area 7; Retail
Section 8-3518. Area 8; Retail/Office
Section 8-3519. Area 9; Multi-family Residential
Section 8-3510. Exhibit "A"; Land Use Areas.
There are nine land use areas within the Downtown Business District
as delineated on Exhibit "A"o
These nine areas are intended to accommodate a mix of uses and to
guide development to appropriate locations within the downtown area,
Page 4 of Ordinance No.135
consistent with the Downtown Master Plan and the General Plan. The areas
and their permitted uses are as set forth in Sections 8-3511 thru 8-3519.
Section 8-3511. Area 1: Old Town Retail.
(a) Purpose. To provide for an intensely developed central core
area of retail businesses where merchandise is stored on-site and all
transactions occur entirely within an enclosed building. Retail is
defined as any business which 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 several 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 subsection (d):
(1) Retail businesses selling items 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. Drug stores
i. Dry goods
j. Florist
k. Food market/delicatessens
1. Furniture/floor coverings
m. Gifts
n. Hardware
o. Hobby items/toys
p. Interior decorator with goods
q. Jewelry
r. Linens
s. Liquor/tobacco
t. Luggage
u. Music
v. Newsstand/office supply & machines/stationary/cards
w. Optical goods & service
x. Paint/wallpaper
y. Pets
z. Photo supply/photo processing
aa. Picture framing/art gallery/artist supply
ab. Portrait Studios
ac. Post office/parcel service
ad. Saddlery
ae. Sporting goods/bicycles
af. Stamps/coins
ag. TV/radio
ah. Travel Agencies
Page 5 of Ordinance No.135
J
(2) Restaurants/taverns
(3) Personal service uses such as, but not limited to, beauty
shops, barbers, nail salons
(4) Service/commercial uses such as, but not limited to, the
following:
a. Business, professional, schools
b. Cultural improvement schools such as, but not limited
to, music, dance and judo
c. Health/fitness club
d. Places of cultural entertainment including museums,
libraries and theaters
e. Other similar uses as described above shall
be determined by the Chief of Planning
(5) Service office uses such as, but not limited to:
a. Escrow/title/notary public
b. Financial institutions/banks/savings & loan
c. Investment brokers/mortgage brokers
d. Public utilities
e. Real estate
(6) Government facilities
(7) Political, civic and charitable organizations
(8) Accessory uses where related and incidental to permitted
uses.
(c) Conditional uses. The following activities are permitted with a
Conditional Use Permit: outdoor restaurant seating; outdoor storage or
display of merchandise; and outdoor sales.
(d) Development Requirements. The maximum floor area ratio (F.A.R.)
is .8 (80% of the gross site area).
Total square footage of any second floor space shall not exceed
40% of the total gross building floor area.
Seventy-five (75%) of the total ground floor space shall be
devoted to retail/restaurant space as defined by Section 8-3511(b) (1)&(2).
Personal service, service/commercial and service office uses as defined in
Section 8-3511(b) (3) (4)&(5) are permitted to locate in 25% of the ground
floor in courtyard areas off the main pedestrian access, or on the second
floor, provided such uses involve substantial pedestrian traffic on a
daily basis. The permitted personal service/service office uses are those
which provide on-site service to customers as their primary activity and
which are compatible with the immediate area. office uses as described in
Section 8-3516(b) (2)&(3) are permitted on the second floor.
Page 6 of Ordinance No.135
Section 8-3512. 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 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 . This area incorporates retail uses
which require larger amounts of storage and staging areas as well as
service commercial uses which 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 subsection (d):
(1) All retail, restaurant, personal service, service
commercial and service office uses as permitted in Section
8-3511(b) (Area 1-Old Town Retail), and the following:
a. Amusement places/arcades
b. Auditorium
c. Catering
d. Clothes/carpet/drapery cleaners without plant
e. Copying/duplicating/printing
f. Child care
g. Emergency medical care
h. Hotels/motels/bed & breakfast
i. Shoe/Garment repair
(2) Government facilities
(3) Political, civic and charitable organizations
(4) Incidental accessory uses.
(c) Conditional Uses. The following activities are permitted with a
Conditional Use Permit: outdoor restaurant seating; outdoor storage or
display of merchandise; and outdoor sales.
(d) Development Requirements. The maximum floor area ratio (F.A.R.)
is .8 (80% of the gross site area). Fifty percent (50%) of the total
ground floor space shall be devoted to retail/restaurant/personal
service/service commercial uses as described in Section 8-3511
(b) (1) (2) (3)&(4) and Section 8-3512(b) (1). Service office uses as
described in Section 8-3511 (b) (5) are permitted to locate in 50% of the
ground floor in courtyard areas off the main pedestrian access, or on the
second floor. Office uses as described in Section 8-3516(b) (2)&(3) are
permitted on the second floor only.
Section 8-3513. Area 3: Old Town Mixed Use
(a) Purpose. To introduce uses that are consistent and compatible
with the pedestrian orientation of Area 1-Old Town Retail (Sec. 8-3511).
Page 7 of Ordinance No.135
(b) Permitted Uses. The following uses are permitted in Area 3:
(1) All uses permitted in Section 8-3511(b) (Area 1-Old Town
Retail) and Section 8-3512(b)(Area 2-Old Town Retail
Transition)
(2) All uses permitted in Section 8-3516 (Area 6-Business and
Professional Offices).
(c) Conditional Uses. The following activities are permitted with a
Conditional Use Permit: outdoor restaurant seating; outdoor storage or
display of merchandise; and outdoor sales.
(d) Development Requirements. The maximum floor area ratio (F.A.R.)
is .65 (65% of the gross site area).
Section 8-3514. 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 and 2).
(b) Permitted Uses.
(1) All retail, restaurant, personal service,
service/commercial and service office uses as permitted in
Section 8-3511(b) and Section 8-3512(b) (1), and the
following:
a. Cabinet shop
b. Glass shops and repair facilities
c. Gunsmith
d. Home improvement services
e. Janitorial supply and service
f. Locksmith
g. Miscellaneous repair of household goods/business
equipment
h. Mortuary
i. Nursery and gardening sales and supplies
j. Nursing/convalescent home
k. Pool supply
1. Service station
m. Trade schools
n. Upholstery supply/repair
(2) Automotive oriented services such as, but not limited to,
auto upholstery
(3) office uses as described in Section 3516(b) (2)&(3) are
permitted on the second floor only.
Page 8 of Ordinance No.135
(c) Conditional Uses. The following activities are permitted with a
Conditional Use Permit:
a. Outdoor restaurant seating
b. Outdoor storage or display of merchandise
c. Outdoor sales
d. Equipment sales and rental
e. Heating, air conditioning/plumbing supply and repair
f. Laundromat/cleaners with plant
g. Sign painting
h. Storage building
i. Veterinarian hospital/boarding/pet grooming
j. Auto/boat/motorcycle/trailer/recreational vehicle
sales or rentals
k. Auto wash
1. Auto repair (body, paint and tire) excluding wrecking
and salvage
m. Wholesale/assembly/minor manufacturing plants with
storage and processing incidental to retail operation
where not offensive or objectional because of odor,
dust, smoke, noise or vibration.
(d) Development Requirements. The maximum floor area ratio(F.A.R.)
is .5 (50% of the gross site area).
Section 8-3515. 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 and 3. A minimum
of two acres shall be devoted to public uses.
(b) Permitted Uses. The following uses are permitted in Area 5:
(1) Retail as permitted in Section 8-3511(b) (1)
(2) Restaurants
(3) Service office as described in Section 8-3511(b) (5) and
office as described in Section 8-3516(b) (2)&(3),
(4) Residential uses as permitted in Section 8-3519
(5) Public uses such as, but not limited to, meeting rooms,
theaters, auditoriums, libraries, etc.
(6) Hotel
(7) Child care facilities, when the entire land area contained
in this Area 5 is considered as an integrated project to be
coordinated and developed in its entirety
(8) Accessory uses related and incidental to permitted uses.
Page 9 of Ordinance No.135
(c) Conditional Uses: The following activities are permitted with a
Conditional Use Permit: outdoor restaurant seating; outdoor storage or
display of merchandise; and outdoor sales.
(d) Development Requirements. The maximum floor area ratio (F.A.R.)
is .5 (50% of the gross site area) over the portion of the site to be
developed with private uses. Buildings may be up to three stories or 50
feet in height, whichever is less (see Section 8-3523).
Section 8-3516. 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:
(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) Professional offices including, but not limited to:
a. Accountants
b. Attorneys
c. Consultants
d. Doctors, dentists, etc.
e. Engineers, architects, planners, etc.
(3) Business offices including, but not limited to:
a. Advertising agencies
b. Answering services
c. Corporate headquarters
d. Employment agencies
e. Insurance companies
f. Laboratories
g. Newspapers
h. Photographers, artists, etc.
i. Public relations
j. Secretarial services
(4) Service offices as described in Section 8-3511(b) (5)
(5) Government facilities
(6) Political, civic, and charitable organizations
(7) Accessory uses where related and incidental to permitted
uses.
(c) Conditional uses. The following uses are permitted with a
Conditional Use Permit: restaurants; health clubs; veterinarians
Page 10 of Ordinance No.135
(d) Development Requirements. The maximum floor area ratio (F.A.R.)
is .65 (65% of the gross site area).
Section 8-3517. Area 7: Retail.
(a) Purpose. To allow the continued use of retail business which
sells goods, wares & merchandise directly to the ultimate consumer.
(b) Permitted Uses. The following uses are permitted in Area 7:
(1) All uses permitted in Section 8-3511 (Area 1 - Old Town
Retail)
(2) All uses permitted in Section 8-3512 (Area 2 - Old Town
Retail Transition).
(c) Conditional Uses. The following activities are permitted with
a Conditional Use Permit: outdoor restaurant seating; outdoor storage or
display of merchandise; and outdoor sales.
(d) Development Requirements. The maximum floor area ratio (F.A.R.
is .35 (35% of the gross area).
Section 8-3518. Area 8: Retail/Office.
(a) Purpose. This area is referred to as the Livery and Mercantile
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
Conditional Use Permit: outdoor restaurant seating; outdoor storage or
display of merchandise; and outdoor sales.
(d) Development Requirements. The maximum floor area ratio (F.A.R.)
is .35 (35% of the gross site area).
Section 8-3519. Area 9: Multi-family Residential.
(a) PurDose. To permit the continued use of properties for
multi-family 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 multi-family residential uses permitted under Chapter
84-26 of the Danville Municipal Code.
(2) Senior citizen residential facilities may be considered
pursuant to California Government Code Section 65915.
Page 11 of Ordinance No.135
(c) Conditional Uses. Conditional uses as contained in Chapter
84-26.404 of the Danville Municipal Code may be permitted with a
Conditional Use Permit.
ARTICLE 3. DEVELOPMENT STANDARDS
Section 8-3520. Architectural Development Standards
Section 8-3521. Landscaping Development Standards
Section 8-3522. Lot Area; Lot Width
Section 8-3523. Building Height - Maximum
Section 8-3524. Setbacks
Section 8-3525. General Requirements
Section 8-3526. Administrative Relief
Section 8-3520. Architectural Development Standards
This Section sets forth specific architectural design guidelines for
the rehabilitation of existing structures and the development of new
structures in the designated Downtown Business District.
The following construction materials and detailing apply to the nine
land use areas set forth in Article 2:
(1) Windows
a. Windows above the first floor shall be placed in a regular
pattern or patterns.
b. Victorian or other carpenter style windows with 2x4
bracketing framing, built out lintels and trim are
encouraged.
c. Storefront windows shall emphasize vertical composition in
a manner consistent with a historic design theme. Vast
plate glass panels should be avoided. Divided light
windows are encouraged.
d. Nail-on windows may be permitted if architecturally
compatible with the structure and authentically detailed
and trimmed.
(2) Materials and Colors
a. All exterior materials shall be authentic and used in an
historical manner.
b. Wood siding. Horizontal butt and lap siding as well as
vertical board and batt siding or decorative wood shakes.
Page 12 of Ordinance No.135
c. Masonry. Sandblasted or used brick or stone, consistent
with the historic theme.
d. Stucco, if combined with masonry. Exclusive use of stucco
and the combination of wood siding and stucco are
discouraged.
e. Materials not considered consistent with the historic
theme include masonry such as lava rock, permastone,
"antiqued" brick and slumpstone; wood including plywood
siding, hardboard or pressboard; fiberglass wood panels,
corrugated siding; or plastic.
f. Building colors shall be consistent with the historic
theme. Subdued background colors and colorful trim are
encouraged.
(3) Building Projections and Sidewalk Coverings. Overhead
projections including arbors and awnings are encouraged but may not
overhang the public right-of-way.
(4) Roofs. Roofs shall be an integral part of the building design
which complement the structure in scale, height and mass.
a. Roof elements shall be similarly treated and
architecturally integrated on all building elevations. The
combination of incompatible roof elements (i.e., hip and
mansard) is not permitted.
b. Roof lines shall provide interest in shape, and color, and
shall be architecturally compatible with the main
structure.
c. 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.
d. Decorative parapets, shakes and cornices are encouraged to
terminate building facades.
e. Materials. The following roof materials are appropriate
when designed as a Class A or B occupancy rating under the
Uniform Building Code:
1. Wood shingles or shakes
2. Concrete tile
3. Synthetic roof materials consistent with the
historical architectural theme
4. Slate
f. Pitch. The following roof designs and pitches are
considered appropriate.
Page 13 of Ordinance No.135
1. Hip and/or gable roofs with a minimum roof pitch of
6:12 on dominant roof structures visible from
off-site.
2. Flat/minimum pitch roofs are permitted when combined
with false front architectural styles provided that no
portion of the roof is visible from off-site.
g. The following roof styles and designs are not permitted:
1. Mansard
2. Shed
3. Built up or flat/minimum pitch roofs such that they
may be viewed from off-site.
(5) Fascia and Soffit.
a. A fascia shall be continuous and deep, creating a unifying
element that ties existing and new developments together
visually.
b. Soffits shall be utilized wherever possible, shall
incorporate lighting and may be used to hang business
identification signs.
(6) Storefront Entries.
a. Recessed entries are encouraged to create added window
display area and allow for increased outdoor entry space.
b. Rear and side entries shall be compatible with front
entries unless such entries are visually unaccessible.
c. Storefront windows shall project or be recessed for added
relief on building facades.
d. Window coverings, including permanent and temporary
signage, shall not block pedestrian views to the interior.
(7) Project Design.
a. Outdoor spaces defined or partially enclosed by buildings
shall be designed to function as nodes.
b. Where appropriate, building edge treatment shall create
areas for sitting and walking. Long, straight building
elevations shall be avoided.
c. False detailing is appropriate where applied in a
historically authentic manner consistent with the
architectural integrity of the structure.
d. Detailing shall be an integral part of the building design
and used appropriately throughout.
Page 14 of Ordinance No.135
e. Exterior lighting shall be addressed as an integral part of
building landscaping and design.
(8) Storage and Refuse Collection Areas.
a. All outdoor storage and refuse collection areas shall be
enclosed and screened so that they are not visible from
access streets and adjacent properties.
b. 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.
c. Storage or refuse collection are not permitted within front
yard setback areas.
Section 8-3521. Landscaping Development Standards
The following landscaping development standards apply in the Downtown
Business District:
(1) General. Each building site shall have a minimum landscaped
coverage of twenty (20) percent. All landscaping shall be provided with an
automatic irrigation system. All trees shall be minimum 15 gallon size.
Shrubs shall be minimum 5 gallon size. Shrubs used as ground cover shall
be minimum 1 gallon size. All unpaved, non-work areas (excluding vacant
lots) shall be landscaped.
(2) 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. A maximum credit of 25%
of the total landscape requirement may be allowed for hardscape.
(3) 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.
(4) Frontage Landscaping. Frontage landscaping shall conform with
the adopted Streetscape Beautification Guidelines.
(5) Parking Areas.
a. A planter or landscaped strip at least five 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.
b. Driveway and parking areas shall be separated from adjacent
landscaping by a wall or curb at least four inches high,
but no more than three feet six inches in height.
Page 15 of Ordinance No.135
c. One tree for each five parking stalls shall be installed
within fingers or medians which project into the paved
area.
(6) Undeveloped Areas. Interim landscaping, including erosion
control measures, shall be provided on all graded sites which will remain
vacant prior to building construction. Undeveloped areas shall be
maintained in a weed-free condition.
(7) Landscaping Maintenance. Prior to building occupancy, the owner
shall provide the Town with an executed maintenance agreement which
assures maintenance of all landscaped areas. The Town may enforce such
agreement at the cost of property owner of record. The maintenance
agreement shall include:
a. Lawn and ground covers to be trimmed or mowed regularly;
all planting areas to be kept free of weeds and debris.
b. All plantings to be kept in a healthy and growing condition
with fertilizing, cultivation and tree pruning as a part of
regular maintenance.
c. Automatic irrigation systems to be kept in working
condition with adjustments, replacements, repair and
cleaning as a part of regular maintenance.
d. Stakes, guys and ties on trees to be checked regularly for
correct function. Ties are to be adjusted to avoid
creating abrasions or girdling on trunks or branches.
e. All landscaping including sidewalks, patios and decks to be
repaired and cleaned as a part of regular maintenance.
Section 8-3522. Lot Area and Width.
The minimum lot area shall be thirty-five hundred square feet (3500),
with a minimum average lot width of thirty-five (35) feet except where a
smaller lot existed prior to the adoption of this ordinance.
Section 8-3523. 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. Height is
measured from the highest point on the natural ground to the highest point
on the structure.
Page 16 of Ordinance No.135
m
Business District Area Maximum Height
1, 2, 3, 4, 7, 9 two stories or 35 feet, whichever
is less
5 three stories or 50 feet,
whichever is less
6 two stories or 35 feet, whichever
is less; for Town and Country
Drive, as previously established
through general plan amendment and
development plan entitlements.
8 as established in the P-1
standards for the Livery and
Mercantile (Dev. Plan No. 84-9)
Section 8-3524. Setbacks.
The setbacks shown below shall apply for the area in which the
building or structure is located.
Business District Area Setbacks
1,2 Front yard: 10'minimum from a
public right of way. Side and
rear yards: no minimum.
3,4 Front yard: 10'minimum from a
public right of way. Side yard:
10' total, minimum of 5' Rear
yard: 20' minimum.
5,6,7 Front yard: 20' minimum from a
public right of way. Side yard:
15' total, minimum of 5'. Rear
yard: 20' minimum.
8 As previously approved under
DP 84-9.
9 Front yard: 25' minimum from a
public right of way. Side yard:
40' total, minimum of 20'. Rear
yard: 20' minimum.
Section 8-3525. 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.
Page 17 of Ordinance No.135
(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 ordinance.
(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.
Section 8-3526. Administrative Relief.
(a) Administrative relief from the provisions of Sections 8-3521 and
8-3522 of this Article 3 may be granted by the Chief of Planning provided
that the following findings can be made:
(1) 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 Section 8-3547 applies to
changes of a requirement of Sections 8-3523 through 8-3525.~
ARTICLE 4. PARKING STANDARDS.
Section 8-3530. General Requirements for on-site Parking
Section 8-3531. Old Town Parking Area
Section 8-3532. Design and Layout
Section 8-3533. Maintenance and Operation
Section 8-3534. Parking Requirements
Section 8-3535. Administrative Relief and Parking Reductions
Section 8-3530. General Requirements For On-site Parking.
(a) Applicability to Existing Land Uses. A land use existing in the
Downtown Business District on the effective date of this Chapter, or for
which a building permit has been issued, is not subject to the
Page 18 of Ordinance No.135
requirements of this section 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 on the effective
date of this Chapter 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 or more shall be counted as one.
(c) Mixed Uses. Where property is occupied or intended to be
occupied by two 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 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 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 use at one time. Shared parking is required in Areas 1, 2,
3&5.
Because Areas 1, 2, 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
25% of the required parking is purchased in the off-site public lot or
when the development exceeds 20,000 square feet of gross building floor
area. The shared parking credit shall be determined according to the
schedule below.
Page 19 of Ordinance No.135
Use Shared Credit In Lieu Fee
Retail 20% 50%
Restaurant 20% 100%
Service Office
(lst Floor/Area l&2) 0% 100%
Second Floor/Area l&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. The amount of the in lieu fees for each off-site
parking space in the municipal lots shall be determined by the Town
Council.
(g) Tandem Parkinq. 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.
(h) Compact Parkinq. Up to 30% of the required parking may be
provided in compact stalls. The compact stall dimension shall measure a
minimum of 8 feet by 16 feet.
(i) Historic Preservation Parking Relief. A reduction in the total
number of parking spaces required under this Chapter for a property
designated an Heritage Resource shall be permitted according to the
determination made by the Heritage Resources Commission.
(j) Assessment District 73/74. 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 of the following:
(1) If the parcel is within the 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 100% area of
benefit (non-contiguous 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.
Page 20 of Ordinance No.135
(k) 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.
(1) Parking areas may not be used for merchandise sales, storage,
repair work, dismantling or servicing of any kind.
Section 8-3531. Old Town Parking Area.
The special parking requirements of this section apply in Area 1,
Area 2 and Area 3 of the Downtown Business District.
(1) 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 paragraph (2) below.
a. The property in question is completely redeveloped with new
structures and new uses/businesses; or
b. A change of use/business is proposed which will intensify
the parking demand; or
c. An addition to an existing structure is proposed and the
work:
1. is less than 50% of the existing square footage of the
structure. In this case, the new square footage added
must comply with the new parking standards;
2. is greater than 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.
(2) Parking District Designations and Requirements:
a. 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 Sections 8-3532 and
8-3534.
1. A minimum of 50% of the required parking shall be
provided off-site in municipal parking lots.
Page 21 of Ordinance No.135
2. 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 which
screen the parked vehicles.
3. Curb cuts shall be combined and minimized.
b. Parking District B. The boundaries of Parking District B
are contiguous with the boundaries of Area 2 (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 Sections 8-3532 and 8-3534.
1. 25% (minimum and maximum) of the required
parking shall be provided off-site in municipal
parking lots.
2. Surface on-site parking is allowed.
Section 8-3532. Design and Layout.
On-site parking areas shall conform to the following regulations:
(1) Dimensions of the required on-site parking spaces and driveways
shall have the following dimensions:
Parking Stall Curb Stall Driveway
Angle Width Length Depth Width
(Degrees)
0 8' 0" 22 ' 0" 8' 0" 12' 0"
30 9' 0" 18' 0" 17' 4" 11' 0"
45 9' 0" 12 ' 9" 19' 10" 13 ' 0"
60 9' 0" 10' 5" 21 · 0" 18 ' 0"
90 9 ' 0" 9 ' 0" 19' 0" 24 ' 0"
(2) 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 12 feet in width for one-way
traffic and not less than 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.
(3) Pavement markings shall indicate the direction of traffic flow,
stall width and length and any other directional signage and marking
required.
Page 22 of Ordinance No.135
(4) 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.
(5) 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.
(6) Parking stall depth may be decreased two feet in length when a
bumper overhang is used. However, the two feet that is subtracted from
the parking stall must be replaced by landscaping which the vehicle can
overhang.
(7) A minimum six 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.
(8) A barrier curb or wheel stop at least four inches in height
shall be provided adjacent to landscaping, buildings or other non-parking
areas.
(9) 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.
(10) 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 24 feet in width. The garage and carport spaces shall be at an
angle of 60 degrees or greater and shall be set back a minimum of four
feet on one side only, thus providing a 28-foot separation between
structures or obstructions to facilitate vehicular turning movements.
Section 8-3533. 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.
Section 8-3534. Parking Requirements.
Parking spaces shall be provided for each land use as follows:
(1) Retail stores and service/commercial, except as otherwise
specified here:
one space per 250 square feet of gross floor area;
(2) Retail stores which handle ONLY bulky merchandise,such as
furniture, household appliances and automobiles:
one space per 500 square feet of gross floor area;
Page 23 of Ordinance No.135
(3) Service/commercial, repair shops, wholesale establishments and
retail and wholesale establishments where business is conducted
primarily outside of buildings:
one space per 500 square feet of gross floor area;
(4) Personal service such as beauty salons, nail shops, barbers:
two spaces per station;
(5) Service offices and business/professional offices, other than
medical and dental offices:
one space per 225 square feet of gross floor area;
(6) Medical and dental offices:
one space per 15 square feet of waiting room area, plus one
space per examining room, dental chair or similar use area;
(7) Restaurants, night clubs, cocktail lounges:
one space per three seats;
outdoor seating may be provided according to the following
formula:
o up to 25% of the approved interior seats: no
additional spaces
o 26-50% of the approved interior seats: one space per
six seats
o over 50% of the approved interior seats: one space per
three seats
(8) Auditoriums and assembly halls:
a. With fixed seats: one space per four fixed seats;
b. Without fixed seats: one space per 40 square feet of gross
floor area;
(9) Churches:
one space per three seats: (Eighteen linear inches of
bench is considered one fixed seat);
(10) Hotels and motels:
one space per sleeping unit;
(11) Rooming and lodging houses:
one space per each bedroom;
(12) Warehouses and other storage buildings:
one space per 1,000 square feet of gross floor area;
(13) Bowling alleys:
five spaces for each alley, plus one space for each two
employees;
(14) HosDitals:
one space for each two beds;
Page 24 of Ordinance No.135
(15) Sanitariums, convalescent homes, rest homes, nursing homes: one space for each three beds;
(16) Mortuaries:
one space per 50 square feet of gross floor areas in the
chapel areas;
(17) Multi-family residential:
each apartment and dwelling unit shall have on-site automobile
parking space on the same lot or parcel as follows:
a. Studio dwelling unit: one space;
b. One bedroom dwelling unit: one and one-half spaces;
c. Two or more bedroom units:
two spaces, plus one-quarter space per each
dwelling unit for guest parking, which may include
available curb parking along the property's street
frontage. Fractional amounts shall be rounded out to the
next higher whole number of spaces.
d. Spaces shall not be located within the side yard or setback
areas of the principal structure.
e. In no event may there be less than one covered space per
dwelling unit.
Section 8-3535 Administrative Relief and Parking Reductions.
Administrative relief from the terms of this Chapter may be granted
by the Chief of Planning if strict application of the requirements of this
Chapter are found to be inappropriate and measures which preserve the
intent of this chapter are recorded as deed restrictions.
ARTICLE 5. DEVELOPMENT PLAN REVIEW PROCEDURES
Section 8-3540. Development Plan Requirement
Section 8-3541. Application
Section 8-3542. Approval Procedure
Section 8-3543. Findings
Section 8-3544. Termination
Section 8-3545. Plan Changes or Amendments
Section 8-3546. Conditional Use Permit
Section 8-3547. Variance Permits
Section 8-3540. 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
ordinance. No develoDment is permitted in the Downtown Business District
unless a Development Plan has been approved by the Chief of Planning or
the Planning Commission.
Page 25 of Ordinance No.135
.... When a development plan application involves a single property owner
with parcels located in more than one 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.
Section 8-3541. 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 30 copies of each of the following:
(1) A site plan, drawn to scale, indicating:
a. Proposed use(s) of all land
b. Existing natural land features, trees and topography
c. Circulation plan for all vehicular and pedestrian ways
including parking areas
d. Location and dimensions of the property and all existing
structures
e. Preliminary grading for the development
f. Project phasing plan if more than one phase is proposed
(2) A preliminary title report
(3) A preliminary utility plan including provisions for storm
drainage, sewage disposal and public utilities
(4) Preliminary Architectural Plans including floor plans and all
elevations
(5) Preliminary landscape plan
(6) Additional drawings or information as may be required by the
Chief of Planning.
Section 8-3542. Approval Procedure
The development plan application shall be submitted to the Planning
Commission for approval. The Planning Commission's decision may be
appealed to the Town Council within 10 calendar days or it becomes final.
Section 8-3543. Findings
When approving and adopting the Development Plan application, the
Chief of Planning and/or Planning Commission, as the case may be, shall be
~atisfied reqardinq all of the following:
Page 26 of Ordinance No.135
(1) The applicant intends to obtain permits for construction within
18 months from the effective date of plan approval;
(2) The proposed development plan is consistent with the General
Plan;
(3) 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;
(4) 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:
a. presently projected improvements;
b. proper entrances and exits; and
c. internal provisions for traffic and parking; and
d. 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.
Section 8-3544. Termination
(a) Procedure. Development plan approval expires 18 months after
the Planning Commission's approval if a building permit has not been
issued and construction commenced.
(b) Time Limit Exception. The time limitation in this section
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 Planning
Commission may grant not more than two extensions of the time limitations
in subsection (a) above, each for no more than one year.
Section 8-3545. Plan Chanqes 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.
Section 8-3546. Conditional Use Permit
Any application for development plan approval may be accompanied by
an application for a Conditional Use Permit as required by Articles 2, 3
and 4 of this Chapter. A separate application for a Conditional Use
P~rmit may be submitted for review and approval by the Chief of Planning
consistent with the intent of this Chapter.
Page 27 of Ordinance No.135
Section 8-3547. Variance
(a) Granting Procedure. A variance to modify a requirement of this
chapter may be granted in accordance with the procedures and standards of
Danville Ordinance Code Article 26-2.20 and Government Code Section
65906. A variance to the use requirements contained in Sections 8-3510
through 8-3519 is not permitted.
(b) SDecial Uses. Conditional Use Permits for special uses as
deemed appropriate by the Chief of Planning and Variance Permits to modify
the provisions contained in Articles 3, 4 and 5 of this Ordinance may be
granted after application in accordance with Chapter 82-6 of the Town of
Danville Municipal Code.
SECTION 2. This ordinance supercedes those provisions of the Contra
Costa County Ordinance Code previously adopted by the Town by reference
which apply to the Downtown Business District and which are inconsistent
with this ordinance.
SECTION 3. The Downtown Parking Management Plan (Ordinance No. 113)
adopted April 20, 1987, is repealed.
SECTION 4. Effective Date. Articles 1, 3, 4 & 5 of this ordinance
become effective 30 days after adoption. Article 2 (Specific Uses and
Definitions) becomes effective on January 1, 1990.
SECTION 5. Publication. The city Clerk shall either a) have this
ordinance published once within fifteen days after adoption in a newspaper
of general circulation or b) have a summary of this Ordinance published
twice in a newspaper of general circulation once five days before its
adoption and again within fifteen (15) days after adoption.
The foregoing ordinance was introduced at a meeting of the Town
Council of the Town of Danville held on November 10, 1988, and was adopted
and ordered published at a meeting of the Town Council held on November
21, 1988 by the following vote:
AYES: Greenberg, Jagger, Lane, Ritchey, Schlendorf
NOES: None
ABSENT: None ~~~ ~}, ~
o~layor
Ci!~z/Cle~
Approved as to form:
Page 28 of Ordinance No.135