Loading...
HomeMy WebLinkAbout073-92RESOLUTION NO. 73-92 APPROVING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE OLD CHARLOTTE WOOD INTERMEDIATE SCHOOL SITE WHEREAS, with the relocation of the Charlotte Wood Intermediate School to its new site off of E1 Capitain, the old school site is available for redevelopment; and WHEREAS, because the previous purchase and development agreement with Charlotte Wood Partners lapsed in 1991, the Town of Danville and the SRVUSD need to renew their efforts to secure a buyer / developer of the old school site; and WHEREAS, the subject 10.25_+ acre redevelopment site (includes the 0.60_+ acre #1 Hartz Court property) fronts 500'_+ on the north side of Hartz Way opposite the intersection of Hartz Way and Laurel Drive and is identified as Assessor's Parcel Numbers 216-110-002 &-006; and WHEREAS, Town staff has revised / updated the development standards and design guidelines sections of the request for proposal prepared in 1989 to provide to potential buyers / developers of the site; and WHEREAS, the Planning Commission of the Town of Danville reviewed the draft development standards and design guidelines at their meeting of May 12, 1992 and adopted Resolution No. 92-17 recommending the Town Council approve the development standards and design guidelines; and WHEREAS, the Town Council did review the draft development standards and design guidelines at a noticed public hearing on May 19, 1992; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the creation of development standards and design guidelines is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, a staff report was submitted recommending that Town Council approve the development standards and design guidelines for the old Charlotte Wood Intermediate School Site; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it PAGE NO. I RESOLUTION NO. 73-92 RESOLVED that the Town Council of the Town of Danville approves the development standards and design guidelines for the old Charlotte Wood Intermediate School Site as comprised in Exhibit A of this resolution. APPROVED by the Danville Town Council at a Regular Meeting on May 19, 1992 by the following vote: AYES: NOES: ABSENT: ABSTMNED: Lane, Greenberg, Ritchey and Shimansky None Doyle None APPROVED AS TO FORM: cwtcrepo .rt2 ATTEST: CITY CLERK PAGE NO. 2 RESOLUTION NO. 73-92 The following Design Standards and Design Guidelines have been prepared to provide direction and guidance to prospective buyers / developers of the old Charlotte Wood Intermediate School site. Flexibility in the application of the standards and guidelines will be given to projects proposing innovative design solutions for the property. DEVELOPMENT STANDARDS Within one week of the receipt of this RFQ/RFP, the Agency and School District staff will arrange and schedule a joint scoping session with individual developers and/or their consultants to review, clarify or discuss all criteria included within the Development Standards and Design Guidelines. This meeting is not considered mandatory, but rather is intended to assure that all prospective developers are given clear direction regarding the design of the project. During 1986, a Master Plan for the downtown area was prepared and adopted. The Downtown Master Plan and Implementation Action Program were approved to establish reasonable limits on further growth, to identify an appropriate street circulation plan and to formulate a parking program. These documents also serve to guide development in a manner which best achieves the Town's goals, to establish special land use and development regulations, to develop a program for reinforcing the public image and utilization of the downtown and to prepare a strategy and funding program to construct key public improvements. Introduction A comprehensive zoning ordinance has been adopted which gives special attention to architectural design, scale, landscaping and signing to reinforce the goal of retaining and improving upon Downtown Danville's village-like character. The development standards in this RFQ/RFP are drawn from that ordinance (see Attachment A Article 32-15 of the Danville Municipal Code) and generally conform to that document. However, some modifications have been made in recognition of the fact that the Charlotte Wood School site is relatively large compared to other sites within the downtown. It is expected that developers will familiarize themselves with the ordinance and will follow its requirements except as other standards are specifically set forth in this RFQ/RFP. Uses The Danville 2005 General Plan establishes the overall site as "Mixed Use". The General Plan description of Mixed.Use is as follows; "This designation is intended to allow for some variety by ~exibly combining retail, commercial, limited office, residential, recreational, public and semi-public uses. The precise mix of uses shall in all cases be developed through an evaluation of PAGE NO. 1 EXHIBIT A OF RESOLUTION NO. 73-92 specific market needs and land use compatibility reviewed at the time of zoning approval to P-I." Accordingly, development of one of the following project types is desired on the site, in conjunction with the planned public use: 1) Mixed use containing a retail and/or off~ce element and a for-sale residential element, such as a condominium or townhouse project. 2) For-sale residential element, such as a condominium or townhouse project. Rental housing with no other uses, while not explicitly disallowed, is considered to be the least desirable project. Projects not reflecting a mix of uses for the overall site (i.e., projects proposing a single use over the entire site) would require a General Plan Amendment. Public Hbrary / Town Square Open Space Facility The Agency expects to obtain an approximately three acre parcel from the ChaffoRe Wood site on which to develop a new Public Library / Town Square open space facility. The library structure would be 18,000+ sq. ft. and is envisioned to be a one-story building. The Town Square open space is desired to be 1-2 acres in size. The Agency's purchase of all or a portion of this property will be outlined in a separate contract of sale agreement. If the development proposed is an integrated mixed use project, .the Public Library / Town Square can be incorporated into the development provided that the Public Library / Town Square maintains a strong relationship to the Front Street frontage (see Figure l- A). The mixed use project also must contain shared parking and open space adequate to serve the needs of the library. As a guide, the peak usage needs of a stand alone library of the size envisioned is estimated to be between 95-100 parking spaces. Under this scenario, the open space would be about 1.3 to 1.5 acres. Developers are encouraged to prepare their development plan proposals to integrate the Public Library / Town Square into the overall site plan in a manner which is functionally efficient, visually appealing and of benefit to both the Agency and the developer. To encourage that approach, the Agency is open to an incentive proposal regarding joint parking for a mixed use project if the developer's proposed non-residential uses and location on the property are suitable to joint utilization of the public parking resource. In the case of joint parking, the Public Library / Town Square would require a portion of the spaces to be reserved for full time public facilities use, proper public access to the parking, and establishment of the appropriate easements to guarantee continued public access and use. PAGE NO. 2 EXHIBIT A OF RESOLUTION NO. 73-92 // ~'00, Nr'-'-'l mo t,'Sp If the project is wholly residential, the desired Public Library / Town Square site will be a 3.1_+ acre parcel bounded on the west by Front Street, on the south by Parcels I and 2 (King of Danville Investors and Wiedow), on the east by a line extending the east property line of Parcel 2 (Wiedow) north to San Ramon Creek, and on the north by San Ramon Creek (see Figure l-B). Allowable Floor Area Ratios The planned floor area ratio (FAR) for a residential project is 0.40 (exclusive of areas for garages, carports, enclosed exterior storage and open decking areas). For a mixed use project the maximum allowable FAR for the non-residential portion of the project is 0.50, with a 0.40 FAR for any accompanying residential element (subject to the same restrictions described above). To calculate the buildable floor area, the net site will be 10.25_+ acres less the area to be secured by the Agency for the Public Library / Town Square. Building Heights The maximum allowable building height shall be two stories or 35 feet, whichever is less, except for the area adjoining 1-680 where the maximum allowable building height shall be three stories or 50 feet, whichever is less (see Figure 2). The height limitation applies to and includes roofs, roof projections, mechanical equipment, microwave sending and receiving devices and all other projections. Building height is measured from the average of the highest and lowest points of finished grade surrounding a structure to the highest point of the structure. Setbacks Minimum setbacks for structures and parking shall be as shown on Figure 3. The setback requirements along San Ramon Creek shall be measured from the easement line established to provide vehicular access to the creek by the Contra Costa County Flood Control District. Open or covered parking may encroach into the building setback indicated along San Ramon Creek (a 5' minimum setback is required from the easement). Open or covered parking may also encroach into the building setback indicated along the east side of the property (a 5' minimum setback is required). Plazas, decks and paved areas may extend into required setback areas subject to design review and approval. Parking - Numerical and Dimensional Criteria The basic numerical parking requirements for project parking shall be as provided by DBD; Downtown Business District (see AttachmentA Division 4 Section 32-15.30 - General Requirements for On-site Parking). The design and layout requirements for project PAGE NO. 3 EXHIBIT A OF RESOLUTION NO. 73-92 I'rl mo 0 iZ~-.t~' & .-40~ Nr"--I 0 parking shall also be as provided by the DBD; Downtown Business District (see Attachment A Division 4 Section 32-15.32 - Design and Layout). Tandem parking is permitted only when the parking is used to meet the needs of employees or valet service is provided. Up to 30% of the required parking may be provided in compact stalls. Compact stall dimensions shall be a minimum of 8 feet by 16 feet (with 1 ~ foot decrease in stall depth allowed when a bumper overhang is used). Landscape Standards Each building site shall have a minimum landscaped coverage of twenty 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 shall be landscaped. 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. Perimeter landscaping is required along all property lines where buildings are set back from the lot line. One tree per thirty 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. Frontage landscaping shall conform with the adopted Danville Streetscape Guidelines. Landscaping established in parking areas shall observe the following: 1) A planter or landscaped strip at least five feet in width shall be provided adjacent to streets and major driveways. 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 inches high, but no more than three feet six inches high. 3) One tree for each five parking stalls shall be installed within fmgers or medians which project into the paved area. Private Recreational Facilities The residential component of any project must supply on-site private recreational facilities to meet the passive and active recreational needs of the future residents of the project. Examples of adequate facilities meeting both passive and active recreational needs are the private recreational facilities under development for the Terraces (Delco) multiple family project in the Old Blackhawk Road Specific Plan and the Meridian Place (Signature PAGE NO. 4 EXHIBIT A OF RESOLUTION NO. 73-92 Homes) multiple family project at the southeast corner of the intersection of Camino Tassajara and Liverpool Street. DESIGN GUIDELINES Downtown Danville has a unique character which is important to the Town's residents and business tenants. The area, in contrast to most other Bay Area cities, maintains its small scale character and ties to its rural and small town beginnings. In the past few years, the Town has taken several steps to preserve and improve the downtown area. General design guidelines were prepared for the downtown area, a Downtown Master Plan was adopted to provide direction to future growth, a Railroad Avenue by-pass was constructed to ease the traffic pressures on the Old Town Area, downtown parking resources were purchased and two historic buildings were acquired and renovated for public use. In addition, a Historic Preservation Ordinance was adopted and the Town has acquired the old Southern Pacific Depot. Some of this activity was prompted by previously approved buildings in the downtown which were perceived as being too large for their sites, unsympathetic to the character of the area and/or insensitive to the surrounding development fabric. Since the Town's incorporation in 1982, a great deal more care and attention have been focused on the quality of downtown development. A variety of projects have been approved and constructed. Their character has varied from what has been referred to as "Frontier Victorian" to more contemporary approaches which have utilized references to residential and historical design elements (e.g., porches, dormers, classical columns, small-pane windows and details). Several examples of architectural approaches considered appropriate for the Town may be studied by prospective developers. These projects include: Commercial Projects: Danville Livery and Mercantile Shopping Center American Savings O'Brien and Claussen Office Buildings Railroad Centre Shopping Center San Ramon Valley Blvd./Sycamore Valley Rd. San Ramon Valley Blvd./Oak Court #360, #370 & #380 Diablo Road Railroad Avenue/Prospect Ave. Residential Projects: 1. Danville Oaks 2. Meridian Place 3. Belleterre Danville Blvd./E1 Cerro Camino Tassajara/Liverpool Street Old Blackhawk Rd./Maison Drive PAGE NO. 5 EXHIBIT A OF RESOLUTION NO. 73-92 General Character Downtown Danville buildings vary considerably in character. Some tend toward an association with the Frontier Victorian character of the Town's early commercial structures. Others may appear more related to residential antecedents with porches, small gabled roof elements, and roof dormers. The more successful examples have included simple, yet effective detailing to add richness and interest to the structures. Examples of these varying architectural expressions are available at the Town Offices. It is recognized that this site, because of its size, presents special conditions. Generally, an architectural solution which considers the following general guidelines is strongly recommended: Buildings on the site should not be overly formal and should possess some variation in treatment within a general design vocabulary. The project should not consist of multiple buildings of the exact same design. Buildings should have variety within themselves and should contain elements which offer focal points, recesses and shadows. Materials should be treated in a straightforward and honest way consistent with the use of those materials over a relatively long period of time. Wood siding using horizontal clapboards or decorative shingles, brick or stone are preferred but stucco combined with these materials may be considered if used in a manner which is suitable to the downtown architectural environment. , Buildings should reflect a pedestrian scale with elements of interest easily seen at eye level. Where appropriate, building edge treatments shall create areas for sitting and walking. Long, straight building elevations shall be avoided. A substantial amount of detailing with recesses and projections is suggested to add visual relief and shadow patterns. 6. Subdued background colors and colorful trim elements are generally encouraged. Landscaping should generally be treated in an informal manner (with sensitivity to water conservation). Site Planning Several influences will affect the site plan. Buildings and landscaping at the western edge of the site along Front Street should relate to the smaller scale, inforrnal nature of the area along that street; those at the southern edge along Hartz Avenue need to be cognizant of the small office structures across the street and the residential neighborhood along Laurel PAGE NO. 6 EXHIBIT A OF RESOLUTION NO. 73-92 Drive; the development at the northern edge of the site should be sympathetic to the San Ramon Creek setting and should, to the maximum extent possible, seek to utilize that area for buildings and outdoor space rather than parking; and the entire site development needs to relate positively to the proposed Public Library / Town Square. Significant stands of trees, particularly around the perimeter of the site, should be incorporated into the site plan. Any residential component of the project should avoid use of a gated community design approach. Parking - Design Layout The handling of on-site parking will play a major role in developing a satisfactory site plan for the Charlotte Wood School Site. Three approaches to satisfying the parking needs are possible and acceptable. Parking may be placed in landscaped surface lots, some may be placed one-half level or greater below grade under the structures or spaces may be placed in a separate parking structure. In the case of parking below structures, it is expected that the design will be executed in a manner to minimize the sense of the building being over parking by means of beams, landscaping or other appropriate elements. In the case of a parking structure, it should be located generally near the easterly side of the site and be no more than three levels above grade, Its design must be compatible with the adjacent structures and should minimize the visual appearance of the automobiles. Service Areas All service areas, including trash enclosures, loading and/or storage areas must be screened from view and should generally be related to the eastern portion of the site away from Front Street, Hartz Avenue and the Public Library / Town Square. Pedestrian Connections Development of the site should invite pedestrian movement through it from surrounding areas. A clear system of pedestrian walkways, with a variety of interesting focal points, should be developed to link all buildings within the site and to connect structures to Hartz Avenue, Front Street, the creek and the Public Library / Town Square. Form and Massing Articulated facades are desired, especially at ground floor levels adjacent to pedestrian ways. Building projections with bay windows, balconies, overhangs and arbors combined with recessed entries, courtyards and other elements to add interest and variety are felt to be appropriate to the downtown area. However, it is expected that these elements will be expressed within an overall design framework that is disciplined and provides order to the smaller design elements. PAGE NO. 7 EXHIBIT A OF RESOLUTION NO. 73-92 Where three story buildings are utilized, some step back for the upper floors should be considered to reduce the apparent height of the structures. Retail Frontages Along retail frontages, facade articulation with bay windows and entry recesses is strongly encouraged at the ground floor to add interest to these areas. Small pane window treatment, awnings or arbors, and planters or flower boxes are also encouraged. Windows Large, unbroken areas of glass are not desired. An overall appearance of solid building with smaller areas of glazing is desired. Windows above the first floor should be organized in a regular pattern or patterns. Roofs Roofs should be an integral part of the building design and should complement the structure in scale, height and mass. The project's roof design should be reflective of the architectural development standards contained in the DBD; Downtown Business District (see Attachment A Division 3 Section 32-15.20(d) - Roofs). Hghting Exterior lighting should be designed as part of the architectural and landscaped themes and should serve functional, safety and aesthetic purposes. Area lighting should be directed downward with no splay of light off the site. Lights on low, pedestrian scale poles and fixtures attached to the buildings are encouraged. Lights on tall poles are discouraged. Light fixtures which capture the character of Downtown Danville and relate to the scale of the use should be selected. Sound Attenuation Residential portions of the project will need to assess, and mitigate as necessary, the noise impacts resulting from the site's proximity to the freeway. Tree Preservation The Town has recently adopted a Tree Preservation Ordinance. The Ordinance requires the issuance of a permit for removal of specified California native trees with a trunk or main stem which measures ten inches or greater in diameter measured three feet above natural grade is considered a protected tree and subject to the provisions of the ordinance (see Section 32-35 of the Danville Municipal Code). To the extent possible, prominent PAGE NO. 8 EXHIBIT A OF RESOLUTION NO. 73-92 trees on the site which are in healthy condition should be incorporated into the proposed development. AFFORDABLE HOUSING COMPONENT Because the subject property lies within a redevelopment district, any residential development on the site is subject to the inclusionary housing requirements established within California Community Redevelopment Law. California Community Redevelopment Law requires that at least 15 percent of all new or rehabilitated dwelling units developed .within a redevelopment project area by public or private entities (i.e., developed by persons other than the redevelopment agency) shall be available at affordable housing cost to persons or families of low or moderate income. Not less than 40 percent of the required affordable dwelling units shall be available at costs affordable to very low income households. The Town acknowledges that meeting the very low income housing requirement will be very difficult. The Town is open to alternate means of meeting the very low income housing requirement. The affordable units provided may be rental or for-sale units. The maximum allowable rental or sale price varies as a function of the household size and the affordability level of the unit (i.e., whether the unit is affordable to very low, low or moderate income households). The current income limitations and maximum rental and purchase prices are attached as Chart 1. The income, rental and purchase price figures are directly tied to the median income figure established annually by HUD for Alameda and Contra Costa County. New income figures will be released after May of this year. c:\planning\sec-pNe~vkgzl 1 PAGE NO. 9 EXHIBIT A OF RESOLUTION NO. 73-92 199Z Danvfile Afrotable Housing Pigurns: u--0.,.um income Levr./a, Maximum Rental Rsles and Maximum Purchase Prim 1Penon 2Person ~Penon 4Penon 5Person 6Person Household Rousekmld HousehoM Homehold Homehold Homehid VayLowlncome - Mazmlum Annual Income $16,400 Very Low Income - l~ntal* SilO/month Very Low Income - Purchase S18,700 J21.050 J23.400 J25,250 S27.150 ~467/moath 85~8/manth SSSS/month S651/month S679/month Low Income · - Maximum Annual Income 126,200 S29,9~0 S33,700 S37,450 ~40,450 Low Income - Rental, S655/month r/49/month SB42/month S936/month Jl,Oll/month Sl,O86/nmth Moderat~ Income - Mazimum Annual Income J39,300 ~44,900 ~50,550 J56,150 J~0.650 S65.150 Moderate Income - Rental* 1982/month ll.122/month ll,264/month ll,404/month ll,516/month Sl,629/mnth Modera~ Income - Purchase Notes: * Assumes 309~ of grass income is assigned to rent / utifities. Fiqures shown must cover utilities costs for rentals. 32-5 DANVILL~ MUNICIPAL CODE than fifty (50') feet from any side or rear property line; a fenced paddock or other enclosed lives area may not be located ten (10~ feet to any proper~ (Ord. d43-84, §8.3207; Ord. §3) 32-5~ Off-Street family district each at least two (2) spaces on the saxne lot be at least one legally created was part of a before final each single shall have storage that there shall where the lot was September 9, 1971, or or parcel map filed 9, 1971, and upon which a or parcel map was sub- and recorded). by nineteen (9' · 19~ feet. spaces shall be entirely outside the side yard areas of the principal (Ord. 4,43-84, §8-3208) 32-5~ Feneing. No or side street yard fence or within the required yard setback may be hi2her than three and (3 1/2') feet (as measured from level). (Ord. f43-84, §8-3209) 32530 Convert§one. The con- version of to living space or other is allowed ffi a 32-5.8, Off-Street Par g,  satisfied; b. ' ' ' · doors and other suitable . aterials. c. The converted space ' architecturally compatible in cole material and style with the existin tructure; and d. The curb is placed, the driveway is removed d landscap§n2 is done so that t converted space no lon2er $z -/f,zz~ ~/~U.~k. ~c~/, 32.5~ Nff ~~o~ ~ Mbtiont A ~ ~~ remodel a single-family resid shall ob~ app~ of ~e ~fore a b~d~g ~mit ~ issued. Em~or ~e~g m~t ~mpa~le ~ ~lor, ~d style ~ te ~g ~, ~3211) 32-5.12 anee Permit. cial uses and visions i may of Land Use or Vari- use permits for the spe- in subsection 32-5.3 to modify the pro- 32-5.4 through 32-5.10, in accordauco with Chapters 82-6 of Title 8 of the Contra Costs Ordinance Code. (Ord. #43-84, §8- 3241--02-14 DOWNTOWN BUSINESS DIS- TRICT1 Division L INTRODUCTION 32-15A Pu, ~,~se and Intent. 'It is the pur- poe and intent of this section to provide the Town of DanviXle with a set of land uses and development standards for the continued physical and economic 2rowth of the desi2- hated dowatewn ares. Within Danville, there is a significant architectural character in the buildings and development of the downtown area. This section emphasizes preserving, maintaining and encouraging the significant aspects of that architectural environment. The Downtown Business District includes nine (9) individual sub-areas which detail 1Editors Not~.. Effective Dat~ Articles 1,3, 4, and 5 of this ordinance become effective 30 days after adoption. Article 2 (Specific Uses and Definitions) becomes effective on Janu- ary 1, 1990. PLANNING AND LAND USE 32-15 specific uses that may occur. ~Ord. #135, §8- 3,501) 32-15~2 Definitions and Measurement Standards. As used in this chapter unless the context otherwise requires: Arbors shall mean 'open trellis-like elements which 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 which provide shade from sun and protection from the elements. Building overhang shall mean any portion of a structure (including appur- tenant structures) which abuts and ex- tends 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 enter- prise, occupant or tenant utilizing space within a structure. Fasc~ shall mean that portion of a struc- ture which presents a fiat, horizontal band across the cave 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 struc- ture faces. Heritage Resource shall mean a structure so designated by the Heritage Resources Commission. Legal non-conforming business shall mean a business (i.e. "Sam's Bait Shop") which does not conform to these regu- lations which was in existence prior to adoption of this section. Legal non-conforming use shall mean a use (i.e. retail, restaurant, office) which does not conform to these regulations which was in existence prior to adoption of this section. Setbacks from street corner shall mean that point of intersection of the required setback lines from access streets, pro- longed to the point of intersection. Soffit shall mean the horizontal under- side of either an cave or building pro- jection. Use shall mean the type of business, i.e. retail, restaurant, service commercial, service office, office. Zoning Compliance Certificate shall mean that form which details the nature of a business and certifies that it meets the requirements of this section. (Ord. #135, §8-3502) 32-15.~ a. 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 compli- ance from the Town prior to occu- pancy. A certificate shall be issued if the proposed business/use complies with the land use designations in this section and all development stan- dards, 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 32-15 DANVILLE MUNICIPAL CODE becomes effective but which does not conform to this chapter, is a legal nonconforming use/busi- ness. 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 Develop- ment Plan review process as out- lined in Article V. A legal non- conforming business may be sold as long as the character remains the same. New Uses Within an Existing Structure. When a new use/busi- ness is proposed for an existing structure necessitating exterior alterations to the structure the owner is required to obtain De- velopment Plan approval pur- suant to Division 5. New Structures. Development plan approval pursuant to Divi- sion 5 is required for a new project. A "new project" is one that involves a complete rede- velopment of the site, all new con- struction of a building, or re- modeling which results in an in- crease of the floor area of an exist- ing building. Designated Heritage Resources. Any additions to a designated Heritage Resource will require Development Plan approval pur- suant to Division 5. However, special considerations will be developed for these structures by the Heritage Resource Commis- sion. (Ord. #135, §8-3503) 32-15.4--32-15.9 Reserve& Division 2. Br,.:t,;w'lC USES AND DEFINrrlONS1 32-15.10 Exhibit "A"; Land Use Areas. There are nine (9) land use areas within the Downtown Business District as delineated on Exhibit "A" .2 These nine (9) areas are intended to accommodate a mix of uses and to guide development to appropriate locations within the downtown area, consistent with the Down- town Master Plan and the General Plan. The areas and their permitted uses are as set forth in subsections 32-15.11 through 32-15.19. (Ord. #135, §8-3510) 32-15.11 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 por- tion of the interior space to exhibit pro- ducts which are for sale to the general public and which provides pedestrian interest and amenities. Uses in this area encourage shoppers to visit sever- al stores after parking or arriving by public transit. b. Permitted Uses. The following uses are permitted in Area I subject to the development requirements in para- graph d.: 1. Retail businesses selling items such as, but not limited to, the fol- lowing~ (a) Accessories; 1Editor's Note: Section 4 of Ord. #135 ad- vises that Article 2, Specific Uses and Defini- tions becomes effective on January 1, 1990. 2Editor's Note: Exhibit "A" can be found in the Office of the Planning Director of the Town of Danville. PLANNING AND LAND USE 32-15 Co) Antiques/clocks; (c) Appliances; (d) Arts/Crafts; (e) Bakery/candy/creamery; (f) Books; (2) Clothing/shoes; (h) Druz 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/stationery/cards; (w) Optical goods and service; (x) Paint/wallpaper; (y) Pets; (z) 'Photo suitply/photo process- ing; (aa) Picture framing/art gal- lery/artist supply; (ab) Portrait studios; (ac) Post office/parcel service; (ad) Saddlery; (ae) Sporting goods/bicycles; (af) Stamps/coins; (ag) TWradio; (ah) Travel agencies. Restaurants/taverns. Personal service uses such as, but not limited to, beauty shops, bar- bers, nail salons. Service/commercial uses such as, but not limited to, the following: (a) Business, professional, schools; Co) Cultural improvement schools such as, but not limited to, music, dance and judo; (c) Health/fitness club; (d) Places of cultural entertain- ment including museums, libraries and theaters; (e) Other similar uses as described above shall be determined by the Chief of Planning. Service office uses such as, but not limited to: (a) Escrow/title/notary public; (b) Financial institutions/ banks/savings and loan; (c) Investment brokers/mort- gage brokers; (d) Public utilities; (e) Real estate. Government facilities. Political, civic and charitable organizations. Accessory uses were related and incidental to permitted uses. Conditional Uses. The following ac- tivities are permitted with a Condition- 32-15 DANVILLE MUNICIPAL CODE de al Use Permit: outdoor restaurant seating; outdoor storage or display of merchandise; and outdoor sales. Development Requirements. The maximum floor area ratio (F.A-R.) is .8 (eighty (80%) percent of the gross site area). Total square footage of any second floor space shall not exceed forty (40%) percent of the total gross building floor area. Seventy-five (75%) percent of the total ground floor space shall be devoted to retail/restaurant space as defined by paragraph b., 1 and 2. Personal service, service/commercial and serv- ice office uses as defined in paragraph b., 3, 4 and 5 are permitted to located in twenty-five (25%) percent of the ground floor in courtyard areas off the main pedestrian access, or on the second floor, provided such uses involve sub- stantial 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 subsection 32-15.16b., 2 and 3 are permitted on the second floor. (Ord. #135, §8-3511) 32-15.12 Area 2: Old Town Retail Trans- ition. 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 com- mercial 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 para- graph d.: 1. All retail, restaurant, personal service, service commercial and service office uses as permitted in subsection 32-15.11b (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/print- ing; (f) Child care; (g) Emergency medical care; (h) Hotels/motels/bed and breakfast; (i) Shoe/garment repair. 2. Government facilities. 3. Political, civic and charitable organizations. 4. Incidental accessory uses. c. Conditional Uses. The following ac- tivities are permitted with a Condition- al 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 (eighty (80 ~) percent of the gross site area). Fifty (50%) percent of the total ground floor space shall be devoted to retail/restaurant/personal service/ service commercial uses as described in subsection 32-15.11b., 1, 2, 3, and 4. and subsection 32-15.12b., 1. Service PLANNING AND LAND USE 32-15 office uses as described in subsection 32-15.11b.,5. are permitted to located in fii~y (50~) percent oF the ground floor in cour~ard areas off the main pedes- trian access, or on the second floor· Office uses as described in subsection 32-15.16b., 2 and 3. are permitted on the second floor only. (Ord. #135, §8-3512) 3245.13 Area 8: Old Town Mixed Use. a. Purpose. To introduce uses that are consistent and compatible with the pedestrian orientation of Area 1-Old Town Retail (subsection 32-15.11). b. Permitted Uses. The following uses are permitted in Area 3: 1. All uses permitted in subsection 32-15.11b; (Area 1-Old Town Re- tail) and subsection 32-15.12b. (Area 2-Old Town Retail Transi- tion) 2. All uses permitted in subsection 32-15.16 (Area 6-Business and Professional Offices). c. Conditional Uses. The following activities are permitted with a Con- ditional Use Permit; outdoor restau- rant seating; outdoor storage or dis- play of merchandise; and outdoor sales. Development Requirements. The maximum floor area (F.A~R.) is .65 (sixty-five (65~) percent of the gross site area). (Ord. #135, §8-3513) 3245.14 Area 4: Resident Serving Com- mercial. a. Purpose. To provide services for the convenience of residents and the gen- eral community. Uses for this area in- clude those uses which are not compat- ible with uses in a traditional central business district (Areas 1 and 2), Permitted Uses. 1. All retail, restaurant, personal service, service/commercial and service office uses as permitted in subsection 32-15.11b and sub- section 32-15.12b.,1., and the fol- lowing: (a) Cabinet shop; fo) Glass shops and repair facilities; (el Gunsmith; (d) Home improvement ser- vices; (el Janitorial supply and ser- vice; (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; (l) Service station; (m) Trade schools; (n) Upholstery supply/repair. 2. Automotive oriented services such as, but not limited to, auto uphol- stery. 3. Office uses as described in sub- section 32-15.16b.,2 and 3. are per- mitted on the second floor only. Conditional Uses. The following activities are permitted with a Conditional Use Permit: 1. Outdoor restaurant seating; 2. Outdoor storage or display of merchandise; 32-15 DANVILLE MUNICIPAL CODE d , Outdoor sales; Equipment sales and rental; Heating, air conditioning/plumb, ing supply and repair; 6. LaundromatYcleaners with plant; 7. Sign painting; 8. Storage building; 9. Veterinarian hospital/boarding/ pet grooming;, 10. Auto/boat/motorcycle/trailer/rec, reational vehicle sales or rentals; 11. Auto wash; 12. Auto repair (body, paint and tire) excluding wrecking and salvage; 13. Wholesale/ assembly/ minor manufacturing plants with stor- age and processing incidental to retail operation where not often- 'sire or objectional because of odor, dust, smoke, noise or vibration. Development Requirements. The maximum floor area ratio (F.A.R.) is .5 (fifty (50%) percent of the gross site area). (Ord. #135, §8-3514) 32-15.15 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 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 as permitted in subsection 32-15.11b.; 2. Restaurants; 3. Service office as described in subsection 32-15.11b., 5 and office as described in subsection 32- 15.16b., 2. and 3.; 4. Residential uses as permitted in - subsection 32-15.19; 5. Public uses such as, but not limit- ed to, meeting rooms, theaters, auditoriums, libraries, etc.; 6. Hotel; 7. Child care facilities, when the en- tire land area contained in this Area 5 is considered as an inte- grated project to be coordinated and developed in its entirety; 8. Accessory uses related and in- cidental to permitted uses. c. Conditional Uses. The following ac- tivities are permitted with a Con- ditional Use Permit: outdoor restau- rant seating; outdoor storage or dis- play of merchandise; and outdoor sales. d. Development Requirements. The maximum floor area ratio (F.A.R.) is .5 (fifty (50%) percent of the gross site area) over the portion of the site to be developed with private uses. Buildings may be up to three (3) stories or fifty (50') feet in height, whichever is less, '(see subsection 32-15.23). (Ord. #135, §8-3515) 32-15,16 Area 6: Business and Profession- a. Purpose. To allow a combination of commercial activity and business and professional offices except for retail commercial sales which are not ancil- lary 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 PLANNING AND LAND USE 32-15 do Sheri Lane shall be limited office use as appreved through previous general plan amendment and de- velopment plan enfitlements. including, Professional offices but not limited to: (a) (b) (c) (d) (e) Accountants; Attorneys; Consultants; Doctors, dentists, etc.; Engineers, architects, plan- ners, 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) Pubtic relations; (j) Secretarial services. 4. Service offices as described in subsection 32-15.11b.,5; 5. Government facilities; 6. Political, civic, and charitable or- ganizations; 7. Accessory uses where related and incidental to permitted uses. Conditional Uses. The following uses are permitted with a Conditional Use Permit: restaurants; health clubs; vet- erinarians. Development Requirements. The maximum floor'area ratio (F.A.R.) is .65 (sixty-five (65%) percent of the gross site area). (Ord. #1'35, §8-3516) 32-15.17 Area ~: Retail a. Pu:7~ose. 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: 1. All uses permitted in subsection 3245.11 (Area I - Old Town Re- tail) 2. All uses permitted in subsection 32-15.12 (Area 2 - Old Town Retail Transition). c. Conditional Uses. The following ac- tivities are permitted with a Condi- tional 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 (thirty-five (35%) percent of the gross area). (Ord. #135, §8-3517) 32-15.18 Area 8: Retail/Offke. a. /~rpose. This area is referred to as the Livery and Mercantile Shopping Cen- ter. This site was developed under an existing P-1 Planned Unit District and maintains its own land uses and con- trols. b. Permitted Uses. As previously ap- proved under DP 83-3 and DP 84-9. c. Conditional Uses. The following ac- tivities are permitted with a Condi- tional 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 32-15 DANVILLE MUNICIPAL CODE .35 (thirty-five (35%) percent of the gross site area). (Ord. #135, §8-3518) 32-15.19 Area 9: Multi-Family Residen- tial. a. Purpose. To permit the continued use of properties for multi-family residen- tial 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 subsection 32- 1.1a. referring to Chapter 84-26 of Title. 8 of the Contra Costa County Ordinance Code. 2. Senior citizen residential facil- ities may be considered pursuant to California Government Code Section 65915. c. Conditional Uses. Conditional uses as contained in subsection 32-1.1a., refer- ring to Chapter 84-26.404 of Title 8 of the Contra Costa County Ordinance Code may be permitted with a Condi- tional Use Permit. (Ord. #135, §8-3519) Division 3. DEVELOPMENT STANDARDS 32-15,20 ArchitecturalDevelopmentStau- dards. This subsection sets forth specific ar- chitectural design guidelines for the rehabil- itation of existing structures and the develop- ment of new structures in the designated Downtown Business District. The following construction materials and detailing apply to the nine (9) land use areas set forth in Division 2: a. Windows. 1. Windows above the first floor shall be placed in a regular pat- tern or patterns. 2. Victorian or other carpenter style windows with two by four (2 x 4) bracketing framing, built out lin- tels and trim are encouraged. 3. Storefront windows shall empha- size vertical composition in a manner consistent with a historic design theme. Vast plate glass panels should be avoided. Divid- ed light windows are encouraged. 4. Nail-on windows may be permit- ted if architecturally compatible with the structure and authenti- cally detailed and trimmed. b. . Materials and Colors. 1. All exterior materials shall be authentic and used in an histori- cal manner. 2. Wood siding. Horizontal butt and lap siding as well as vertical board and batt siding or deco- rative wood shakes. 3. Masonry. Sandblasted or used brick or stone, consistent with the historic theme. 4. Stucco, if combined with mason- ry. Exclusive use of stucco and the combination of wood siding and stucco are discouraged. 5. Materials not considered consis- tent with the historic theme in- clude masonry such as lava rock, permastone, "antiqued" brick and slumpstone; wood including plywood siding, hard-board or pressboard; fiberglass wood panels, corrugated siding; or plastic. 6. Building colors shall be consis- tent with the historic theme. Sub- dued background colors and colorful trim are encouraged. c. Building Projections and Sidewalk Coverings. Overhead projection in- PLANNING AND LAND USE 32-15 d, cluding arbors and awnings are en- couraged but may not overhang the public right-of-way. Roofs. Roofs shall be an integral part of the building design which comple- ment the structure in scale, height and mass. 1. Roof elements shall be similarly treated and architecturally inte- grated on all building elevations. The combination of incompatible roof elements (i.e., hip and man- sard) is not permitted. 2. Roof lines shall provide interest in shape and color and shall be architecturally compatible with the main structure. 3. 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. 4. Decorative parapets, shakes and cornices are encouraged to terminate bufiding facades. 5. Materials. The following roof materials are appropriate when designed as a Class A or B occu- pancy rating under the Uniform Building Code: (a) Wood shingles or shakes (b) Concrete tile (c) Synthetic roof materials consistent with the histori- cal architectural theme (d) Slate 6. Pitch. The following roof designs and pitches are considered appro- priate. (a) Hip and/or gable roofs with a minimum roof.pitch of 6:12 on dominant roof struc- tures visible from off-site. Co) Flat/minimum pitch roofs are permitted when com- bined with false front archi- tectural styles provided that no portion of the roof is visi- ble from off-site.. 7. The following roof styles and de- signs are not permitted: (a) Mansard; re) Shed; (c) Built up or fiat/minimum pitch roofs such that they may be viewed from off-site. e. Fasc~ and Soffit. 1. A fascia shall be continuous and deep, creating a unifying element that ties existing and new de- velopments together visually. 2. Softlts shall be utilized wherever possible, shall incorporate light- ing and may be used to hang busi- ness identification signs. f. Storefront Entries. 1. Recessed entries are encouraged to create added window display area and allow for increased out- door entry space. 2. Roar and side entries shall be compatible with front entries un- less such entries are visually un- accessible. 3. Storefront windows shall project or be recessed for added relief on building facades. 4. Window coverings, including permanent and temporary sign- age, shall not block pedestrian views to the interior. g. Project Design. 1. Outdoor spaces defined or partial- ly enclosed by buildings shall be designed to function as nodes. 32-15 DANVILLE MUNICIPAL CODE h: 2. V,~ere appropriate, building edge treatment shall create areas for sitting and walking. Long, straight building elevations shall' be avoided. 3. False detailing is appropriate where applied in a historically authentic manner consistent with the architectural integrity of the structure. 4. Detailing shall be an integral part of the building design and used appropriately throughout. 5. Exterior lighting shall be ad- dressed as an integral part of building landscaping and de- sign. Storage and Refuse Collection Areas. 1. All outdoor storage and refuse collection areas shall be enclosed and screened so that they are not visible from access streets and adjacent properties. 2. Outdoor storage of all company owned and operated motor vehi- cles, except for passenger vehi- cles, shall be reasonably screened from view from access streets, freeways and adjacent properties. 3. Storage 'or refuse collection are not permitted within front yard setback areas. (Ord. #135, §8-3520) 32-15.21 Landscaping Development Stan- dards. The following landscaping develop- ment standards apply in the Downtown Busi- ness District: a. General. Each building site shall have a minimum landscaped coverage of twenty (20%) percent. All landscap- ing shall be provided with an auto- matic irrigation system. All trees shall be minimum fifteen (15) gallon size. Shrubs shall be minimum five (5) gallon size. Shrubs used as 2Tound cover shall be minimum one (1) gallon size. All unpaved, non-work areas (excluding vacant lots) shall be land- scaped. b. Hardscape. All sidewalks, decks and patios shall be constructed using con- crete, exposed aggregate, stamped con- crete, bricks, brick pavers, wood deck- ing, tile or terrazzo. The use of asphalt pavement is only permitted in drive- way and parking areas. A maximum credit of twenty-five (25%) percent of the total landscape requirement may be allowed for harriscape. c. Perimeter Areas. Perimeter land- scaping 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 addi- tion to required Found cover and shrubs. Trees may be clustered or uni- formly spaced. d. Frontage Landscaping. Frontage landscaping shall conform with the adopted Streetscape Beauti~eation Guidelines. e. 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, berm- ing 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 feet six (3'6") inches in height. 3. One tree for each five (5) parking stalls shall be installed within fingers or medians which project into the paved area. PLANNING AND LAND USE 32-15 Undeveloped Areas. Interim land- scaping, including erosion control measures, shall be provided on all graded sites which will remain vacant prior to building construction. Unde- veloped areas shall be maintained in a weed-tree condition. Landscaping Maintenance. Prior to building occupancy, the owner shall provide the Town with an executed maintenance agreement which as- sures maintenance of all landscaped areas. The Town may enforce such agreement at the cost of property owner of record. The maintenance agree- ment shall include: 1. Lawn and ground covers to be trimmed or mowed regularly; all planting areas to be kept free of weeds and debris. 2. All plant§rigs to be kept in a healthy and growing condition with fertilizing, cultivation and tree pruning as a part of regular maintenance. 3. Automatic irrigation systems to be kept in working condition with adjustments, replacements, re- pair and cleaning as a part of regular maintenance. 4.. Stakes, guys and ties on trees to be checked regularly for correct t~unction. Ties are to be adjusted to avoid creating abrasions or girdring on trunks or branches. 5. All landscaping including side- walks, patios and decks to be re- paired and cleaned as a part of regular maintenance. (Or& #135, §8-3521 ) 32-15.22 Lot Area and Width. The mini- mum lot area shall be thirty-five hundred (3500) 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. #135, §8-3522) 32-15~3 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 equip- ment, 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. Business District Area Maximum 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 es- tablished through gen- eral plan amendment and development plan entitlements. 8 As established in the P-1 standards for the Livery and Mercantile (Dev. Plan No. 84-9). (Ord. #135, §8-3523) 32-15~Z4 Setbacks. The setbacks shown below shall apply for the area in which the building or structure is located. Business District Area Setbacks Front yard: mum from right-of-way. rear yards: 10' mini- a public Side and no mini- 32-15 DANVILLE MUNICIPAL CODE Business District Area , 4 5,6, 7 8 9 Setbacks Front yard: 10' mini- mum from a public right-of-way. Side yard: 10' total, minimum of 5'. Rear yard: 20' minimum. Front yard: 20~ mini- mum from a public right-of-way. Side yard: 15' total, minimum of 5'. Rear yard: 20' feet minimum. As previously approved under DP 84-9. Front yard: 25' mini- mum from a public right-of-way. Side yard: 40' total, minimum of 20'. Rear yard: 20' minimum. (Ord. #135, §8-3524) 32-15~.5 GeneralRequirements. a. Grading within the Downtown Busi- ness 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 con- struction 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 section are inconsistent with the regulations of County Ordinahce Code Chapters 82- 16, 84-52 and 84-66 (adopted by the Town), the regulations of this section prevail. e. Before a change in business or use, the new business or use is required to obtain a certificate of zoning compli- ance 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 signifi- cance of the site. (Ord. #135, §8-3525) 32-15.26 Aflwslnletrative Relief, a. Administrative relief from the provi- sions of subsections 32-15.21 and 32- 15.22 of this Division 3 may be granted by -the Chief of Planning provided that the following findings can be made: 1. That the intent of this section will be preserved; and 2. The applicant/developer can dem- onstrate the regulations of this section are inapplicable to the characteristics of the business district area in which the project is located. b. The variance procedure set forth in subsection 32-15.47 applies to changes of a requirement of subsections 32- 15.23 through 32-15.25. (Ord. #135, §8-3526) 32-15.27--32-152} Reserved. Division 4. PAKKING STANDARDS 32-15~30 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 PLANNING AND LAND USE 32-15 be d, of this section*, or for which a building permit has been issued, is not subject to the requirements of this section until there is a change of use/business or expansion of the structure provided that on-site parking facilities now re- quired or serving such land uses are not reduced below these requirements in the future. A project already ap- proved on the effective date of this chap- ter shall comply with the original con- ditions of approval until a new project is submitted and approved for the site. Parking required by the original con- ditions of approval may be removed with approval of the Planning Com- mission provided the owner demon- strates that removal is consistent with the intent and purpose of this section. Fractional Parking Space. Where the computation of required on-site park- ing spaces results in a fractional num- ber, only the fraction of one-half or more shall be counted as one. ML~ed Uses. Where property is occu- pied or intended to be occupied by two (2) or more uses which fall into dif- ferent 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 pro- vided for any other use unless a joint- use parking agreement is first ap- proved by the Town. 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 *Editor's Note: This section was adopted as part of Ord. #135, adopted on November 21, 1988, to be effective thirty (30) days after adoption. es Use Retail Restaurant 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 specif- ically 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 Plan- ning that the joint-use parking agree- ment provides for a specified number of parking stalls, is recorded to run with the property and is enforceable for a specified term. 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 park- ing is required in Areas 1, 2, 3 and 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 twenty-five (25~) percent of the required parking is pur- chased in the off-site public lot or when the development exceeds twenty thou- sand (20,000) square feet of gross build- ing floor area. The shared parking credit shall be determined according to the schedule below. Shared Credit In Lieu Fee 20% 50% 20% 100% 32-15 DANVILLE MUNICIPAL CODE Use Shared Credit In Lieu Fee Service Office (1st Floor/Area I and 2) 0~ 100% Second Floor/Area i and 2 and all other areas 20% 100% Office 20% 100% Personal Service 20% 100% Service/Commer-, cial 20% 100% Designated Heri- tage Resource Determined by Heri- tage Resource Com- mission 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 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. h. Compact Parking. Up to thirty (30%) percent of the required parking may be provided in compact stalls. The com- pact stall dimension shall measure a minimum of eight feet by sixteen (8 x 16) feet. i. Historic Preservation Parking Relief. A reduction in the total number of parking spaces required under this section for a property designated a Heritage Resource shall be permitted according to the determination made by the Heritage Resource 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 one hundred (100%) percent 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 sits. 2. If the parcel is located outside of the one hundred (100%) percent 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 pay- ment of any in lieu fees. Loading and Deliveries. Deliveries are encouraged in the Downtown Busi- ness District between the hours of 6:00 a.m. and 11:00 am. due to the commer- cial density of the area and the disrup- tive 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. Handicap- ped parking stalls may be used for deliveries during hours in which the business being served is not open to the public. Parking areas may not be used for merchandise sales, storage, repair work, dismantling or servicing of any kind. (Ord. #135, §8-3530) 32-15~1 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. a. Applicability. Existing on-site park- ing shall be allowed until one of the PLANNING AND LAND USE 32-15 be following occurs, at which time the property owner shall comply with the requirements of paragraph 2. below. 1. The property in question is com- pletely redeveloped with new structures and new uses/busi- nesses; or 2. A change of use/business is pro- posed which will intensify the parking demand; or 3. An addition to an existing struc- ture is proposed and the work: (a) Is less than fifty (50~) per- cent of the existing square footage of the structure. In this case, the new square footage added must comply with the new parking stan- dards; · (b) Is greator than fifty (50%) percent of the existing square footage of the struc- ture. In this case, the entire square footage of the build- ing, both existing and new, shall meet the parking re- quirements of this section. Parking District Designations and Requirements. 1. Parking District A. The botmd- aries of Parking District A are contiguous with the boundaries of Area 1 (Old Town Retail) as designated on Exhibit "A". Pro- posed development within Park- in2 District A shall conform to the following standards and those standards in subsection 32-15.32 and 32-15.34. (a) A minimum of fifty (50%) percent of the required park- in2 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 ade- quately screened. At grade parking located along Hartz Avenue shall be placed to the rear of buildings or sub- stanfially set back and buff- ered with berming, walls and landscaping which screen the parked vehicles. (c) Curb cuts shall be combined and minimized. Parking District B. The bound- aries of Parking District B are contiguous with the boundaries of Area 2 (Old Town Retail transi- tion) and Area 3 (Old Town Mixed Use) as designated on Exhibit "A". Proposed develop- ment within Parking District B shall conform to the following standards and those standards in subsection 32-15.32 and 32-15.34. (a) Twenty-five (25%) percent (minimum and maximum) of the required parking shall be provided off-site in municipal parking lots. (b) Surface on-site parking is allowed. (Oral. #135, §8-3531) 3Ye15~2 Design and Layout. On-site parking areas shah conform to the following regulations: a. Dimensions of the required on-site parking spaces and driveways shall have the following dimensions: Parleing Stroll Curb ~ Drioeway Angle W~dth Length Depth W~dth (Degrees) 0 8'0" 22'0" 8'0" 1~0" 30 t~ 0" 18' 0" 17' 4" 11' 0" 45 ~ 0" 1~ 9" 19' 10" 1~ 0" 60 9' 0" 10' 5" 21' 0" 18' 0" 90 9'0" 9'0" 19'0" 24'0" 32-15 DANVILLE MUNICIPAL CODE b. All on-sits parking facilities shall be designated with appropriate maneu- vering 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 (!2') 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 appropriats development of the property in question. c. Pavement markings shall indicats the direction of traffic flow, stall width and length and any other directional signage and marking required. d. Lighting shall be directsd downward and all rays confined to the site. Lighting intensity shall be no greatsr 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 resi- dentially zoned property. h. A barrier curb or wheel stop at least four (4") inches in height shall be pro- vided adjacent to landscaping, build- ings or other non-parking areas. i. Required on-site parking areas shall be surfaced with an aspbaltic or Port- land cement pavement or similar matsrial 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 mini- mum of twenty-four (24').feet in width. The garage and carport spaces shall be at an angle of sixty (606) degrees or greater and shall be set back a mini- mum 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, #135, §8-3532) 32-1523 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-sits parking facilities may not be reduced in area, except when the reduction conforms to this section. (Oral. #135, §8-3533) 32-15~4 Parking Requirements. Parking spaces shall be provided for each land use as follows: a. Retail stores and serv/ce/commerc/aZ, except as otherwise specifwd here: One (1) space per two hundred fifty (250) square feet of gross floor area; b. Retail stores which handle 0ArLF bul]ey me~chand/se, such as furn/tu~e, household appliances and automo- biles: One (1) space per five hundred (500) square feet of gross floor area; c. ,~ervice / commerciaZ, repair shops, wholesale establishments and retail and wholesale establishments where business is conducted primarily outside of buil~in~s: One (1) space per five hundred (500) square feet of gross floor area; PLANNING AND LAND USE 32-15 d. Personal service such as beauty salons, nail shops, barbers: Two (2) spaces per station; e. Service offices and business/profes. sional off~es, 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. One (1) space per three (3) seats; 2. Outdoor seating may b~ provided according to the following formu- la: (a) Up to twenty-five (25%) per- cent of the approved interior seats: no additional spaces· (b) Twenty-six through fifty (26-50%) percent of the ap- proved interior seats: one (1) space per six (6) seats. (c) Over fifty (50%) percent 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; O® p® Rooming and lodging houses: one (1) space pe.r each bedroom; Warehouses and other storage build- ings: one (1) space per one thousand (1,000) square feet of gross floor area; Bowling alleys; five (5) spaces for each alley, plus one (1) space for each two (2) employees; Hospitals: one (1) space for each two (2) beds; 8anit6riums, convalescent homes, rest homes, nursing homes: one (1) space for each three (3) beds; Mortuaries: one (1) space per fifty (50) square feet of gross floor areas in the chapel arm; Multi-family residential: Each apart- ment 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 (11/2) 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 in- clude available curb parking a- long the property' s street frontage. Fractional amounts shall be rounded out to the next higher whole number of spaces· 4. Spaces shall not be located within the side yard or sethack areas of the principal structure. 5. In no event may there be less than one (1) covered space per dwelling unit. (Ord. #135, §8-3534) 32-15~5 .~dmi,,istra~ve Relief and Park- ing Reductions. Administrative relief from the terms of this section may be granted by the 32-15 DANVILLE MUNICIPAL CODE Chief of Planning if strict application of the requirements of this section are found to be inappropriate and measures which preserve the intent of this section are recorded as deed restrictions. (Ord. #135, §8-3535) 32-15~6--32-15,39 R~w, rved. Division 5. DEV~-OPMENT PLAN REVIEW PR~URES 32-15A0 Development Plan Requirement. All land within the Downtown Business Dis- trict is designated a P-1 Planned Unit Dis- trict and may be used as allowed and regu- lated in this section. No development is per- mitted in the Downtown Business District un- less a Development Plan has been approved by the Chief of Planning or the Planning Commission. When a development plan application in- volves a single property owner with parcels located in more than one (1) land use area and/or parking district, the Planning Com- mission, 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. #135, §8- 3540) 32-15.41 Application. A request for de- velopment 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 con- sist of thirty (30) copies of each of the follow- ing: a. A site plan, drawn te 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; do ee 4. Location and dimensions of the property and all existing struc- tures; 5. Preliminary grading for the de- velopment; 6. Project phasing plan if more than one phase is proposed. A preliminary title report. A preliminary utility plan including provisions for storm drainage, sewage disposal and public utilities. Preliminary Architectural Plans in- cluding floor plans and all elevations. Preliminary landscape plan. Additional drawings or information as may be required by the Chief of 'Planning. (0rd. #135, §8-3541) 32-15A2 Approval Procedure. The de- velopment plan application shall be submit- ted to the Planning Commission for approv- al. The Planning Commission's decision may be appealed to the Town Council within ten (10) calendar days or it becomes final. (Oral. #135, §8-3542) 32-15,43 Findings. When approving and adopting the Development Plan application, the Chief of Planning and/or Planning Com- mission, 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 con- sistent with the General Plan; c .' In the case of residential development, the proposed development will consti- tute a residential environment of sus- tained desirability and stability, and will be in harmony with the character P~G AND LAND USE 32-24 of the surrounding neighborhood and community; 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 ilkely be created by the pro- posed center or will be obviated by: 1. Presently projected improve- ments; 2. Propor entrances and exits; and 3. Internal provisions for traffic and parkinf, 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. (OnL #135, Termination. Procedure. Development plan approv- al expires eighteen (18) months after the Plannin2 Commission's approval if a building permit has not been issued and construction commenced. T/me Limit Exception. The time lim- itation in this subsection applies only to the tarst phase of a phased develop- ment plan; it does not apply after ap- proval and implementation of the first phase. E~tensions. Upon a showing of good cause, the Planning Commission may grant not more than two (2) extensions of the time limitations in paragraph a. above, each for no more than one (1) year. (Ord. o135, §8-3544) 3~-15~t5 Plan Changes or Amendments, A change in the approved development plan and its conditions of approval may be ap- proved by the Planning Commission. Minor changes may be approved by the Chief of Planning. (Ord. #135, §8-3545) 3~-15,46 Conditional Use Permit. Any application for development plan approval may be accompanied by an application for a Conditions] Use Permit as required by Divi- sions ~-, 3 and 4 of this section. A separate application for a Conditional Use Permit may be submitted for review and approva) by the Chief of Planning consistent with the intent of this sectioa (Ord. #135, §8-3546) 32-15.4'/Variauee. a. bs Granting Procedure. A variance to modify a requirement of this section may be 2ranted in accordance with the procedures and standards of Danville Ordinance Code subsection 32-1.1, which contains roferenee to the Contra Costa County Ordinance Code, Article .26-2.20, and Government Code Section 65906. A variance to the use require- ments contained in subsections 32- 15.10 through 32-15.19 is not permitreeL Special Uses. Conditional Use Per- mits for special uses as deemed appro- priate by the Chief of Planning and Variance Permits to modify the pro- visions contained in Divisions 3, 4, and 5 of this section may be granted after application in accordance with Chapter 82-6* of the Town of Danville Municipal Code. (Ord. #135, §6-3547) I Note: See Section 32-1.