HomeMy WebLinkAbout2016-02ORDINANCE NO. 2016-02
ADDING TO AND AMENDING PROVISIONS OF THE DANVILLE MUNICIPAL
CODE TO PROHIBIT SHORT TERM RESIDENTIAL RENTALS
IN THE TOWN OF DANVILLE-ZTA 15-0002
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
In enacting this ordinance, the Town Council makes the following findings:
1. The number of short term rentals of residential properties and individual rooms
within residences (generally defined as stays of less than 30 days) has grown
rapidly in recent years, aided in large part by the creation of Internet -based
platforms which can create an easy connection between property owners and
individuals looking for short term housing.
2. The Town of Danville's current zoning ordinance neither explicitly prohibits nor
permits short term rentals of dwelling units or individual rooms within dwelling
units.
3. The presence of short term rentals in residential districts can create negative,
secondary impacts, such as additional traffic, parking demand, noise, etc. This use
is also inconsistent with provisions of the Town's 2030 General Plan regarding
protection of residential neighborhoods from incompatible land uses (Policy 1.08)
4. Short term rentals of second dwelling units or multi -family dwellings also conflict
with provisions of the Danville 2014-2022 Housing Element, which relies on these
types of housing being available to long term tenants to meet the Town's
affordable housing needs.
5. Prohibiting short term rentals will help the Town avoid these identified
neighborhood problems and ensure consistency with the 2030 General Plan.
SECTION 2. AMENDING SECTION 32-2.3 OF THE DANVILLE MUNICIPAL CODE.
Section 32-2.3 of the Danville Municipal Code is amended by adding a new definition to
read as follows:
32-2.3 Definitions.
As used in the Chapter.
Short term rental shall mean the rental or lease of any primary or secondary dwelling unit,
or any portion thereof, for a period of less than 30 days.
SECTION 3. ADDING A NEW SECTION 32-22.4.5 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-22.4.5 is hereby added to the Danville Municipal Code to read as
follows:
32-22.4.5. Prohibited Uses.
The following uses are prohibited:
a. Short term rentals.
SECTION 4. ADDING A NEW SECTION 32-23.3.5 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-23.3.5 is hereby added to the Danville Municipal Code to read as
follows:
32-23.3.5. Prohibited Uses.
The following uses are prohibited:
a. Short term rentals.
SECTION 5. ADDING A NEW SECTION 32-24.4.5 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-24.4.5 is hereby added to the Danville Municipal Code to read as
follows:
32-24.4.5. Prohibited Uses.
The following uses are prohibited:
a. Short term rentals.
SECTION 6. AMENDING SECTION 32-45.15d AND ADDING SECTION 3245.15e
TO THE DANVILLE MUNICIPAL CODE.
The existing Section 32-45.15d. is hereby amended and a new Section 32-45.15e. is hereby
added to the Danville Municipal Code to read as follows:
32-45.15. Area 5: CommercialjResidential Mixed Use.
d. Prohibited Uses. The following uses are prohibited in Area 5:
1. Short term rentals.
e. Development Requirements.
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1. The maximum allowable floor area ratio is sixty-five percent (65%)
of the gross site area,, inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever
is less; for Town and Country Drive, the height limit is as previously established through
the General Plan amendment and Development Plan entitlement.
3. Setback requirements are as follows:
Front Yard: Twenty (20) feet minimum from a public right-of-way.
Side Yard: Fifteen (15) feet total, minimum of five (5) feet.
Rear Yard: Twenty (20) feet minimum.
SECTION 7. AMENDING SECTIONS 32-45.19d. and e. AND ADDING SECTION
32-45.15f. TO THE DANVILLE MUNICIPAL CODE.
The existing Sections 32-45.15d. and e. are hereby amended and a new Section 32-45.15f.
is hereby added to the Danville Municipal Code to read as follows:
32-45.19. Area 9: Multi -Family Residential.
d. Prohibited Uses. The following uses are prohibited in Area 9:
1. Short term rentals.
e. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
f. Setback requirements are as follows:
Front yard: Twenty-five (25) feet minimum from a public right-of-way.
Side yard: Forty (40) feet total, minimum of twenty (20) feet.
Rear yard: Twenty (20) feet minimum.
SECTION 8. AMENDING SECTION 32-45.21d. AND ADDING SECTION 32-45.21e.
TO THE DANVILLE MUNICIPAL CODE.
The existing Section 32-45.21d. is hereby amended and a new Section 32-45.21e. is hereby
added to the Danville Municipal Code to read as follows:
32-45.21. Area 11: Special Opportunity District.
d. Prohibited Uses. The following uses are prohibited in Area 11:
1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space. Development of the site may be
eligible for a FAR which is higher than eighty percent (80%), as determined on a case -by -
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case basis through the review of an individual Development Plan application, in
exchange for the provision of up to one hundred percent (100%) on-site parking through
the construction of underground or structured parking.
2. A minimum of seventy-five percent (75%) of the total ground floor
space shall be devoted to retail or restaurant uses. Personal service, service office and
service/ commercial uses may be considered for location in a maximum of twenty-five
percent (25%) of the ground floor space where such use is located in a courtyard area or
another area off the main pedestrian access and upon issuance of a Land Use Permit
where a finding is made that such uses will result in the creation of substantial pedestrian
traffic. The permitted personal service, service office, or service commercial uses are those
which provide on-site service to customers as their primary activity and which are
compatible with the immediate area.
3. New development shall be designed to maximize the provision of on
street parking adjacent to the site. This may include the provision of angled parking,
consolidation of driveways, and/or other design solutions as appropriate.
4. The height limit is thirty-seven (37) feet.
5. The setback requirements are as established through a site specific
Development Plan approval.
SECTION 9. AMENDING SECTIONS 32-45.21.1d., e., and f. AND ADDING
SECTION 32-45.21.18. TO THE DANVILLE MUNICIPAL CODE.
The existing Sections 32-45.21.1d., e. and f. are hereby amended and a new Section 32-
45.21.18. is hereby added to the Danville Municipal Code to read as follows:
32-45.21.1. Area 12: Multi -Family Residential High Density.
d. Prohibited Uses. The following uses are prohibited in Area 12:
1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of the
net area available for development (as determined by a planning entitlement deemed
complete for processing), inclusive of all habitable or conditioned space. Non -habitable
or non -conditioned project development area (e.g., enclosed individual garages, carports,
or structured basement parking facilities) shall not be assessed towards a projects floor
area ratio calculation.
2. The height limit is thirty-seven (37) feet. The height limit for
accessory structures is fifteen (15) feet.
3. Reduction from the applicable DBD numerical parking requirements
set forth in subsection 32-45.34(q) may be considered on a project -by -project basis where
housing to be developed is provided for seniors, or where it is determined that a reduced
dependency on personal vehicles can reasonably be anticipated.
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f. Building Setbacks. The minimum building setbacks shall be as established through
a site-specific development plan approval. Future development abutting the I-680
freeway shall be set back to the extent feasible to mitigate potential impacts associated
with freeway noise, vibration, and/ or air quality. Development along San Ramon Creek
shall be set back to the extent feasible in order to accommodate a pedestrian path in
vicinity of the top of bank of the creek.
g. Supplemental Submittal Requirements. Application materials to be supplied at the
time of submittal of a development plan application shall, in addition to the submittal
requirements addressed in subsection 32-45.41 detail the following:
1. The location, number and dimensional layout of any tandem
parking spaces, motorcycle parking spaces, or bicycle parking spaces proposed for the
project;
2. The minimum and average sizes of individual private open space
areas (i.e., open or covered private patios and private balconies) proposed for the project;
3. The location, minimum size and average size of private storage
spaces proposed for the project;
4. The proposed means to screen proposed above -ground
transformers, meters, and other utilities;
5. The location, design and construction materials proposed for project
fencing and retaining walls;
6. The percent coverage of land by buildings and structures;
7. The location and design of onsite project lighting; and
8. The location, design and construction materials proposed for project
porches, stoops, and similar design features.
SECTION 10. CODIFICATION. Sections 2 through 9 of this ordinance shall be codified
in the Danville Municipal Code.
SECTION 11. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Town Council finds that adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA") because the prohibition of short term rentals of
residential dwelling units within the Town will not result in a direct or reasonably
foreseeable indirect physical change in the environment (CEQA Guidelines Section
15060(c)(2)) and it can be seen with certainty that there is no possibility that the ordinance
will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
SECTION 12. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
PAGE 5 OF ORDINANCE NO. 2016-02
SECTION 13. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on February 16, 2016 and approved and
adopted by the Danville Town Council at a regular meeting held on March 1, 2016, by
the following vote:
AYES: Stepper, Morgan, Arnerich, Doyle
NOES: Storer
ABSTAIN: None
ABSENT: None
APPROVED AS TO FORM:
iry
CITY ATTORNEY
ATTEST:
CITY CLER
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I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2016-02 of said Town and that said ordinance
was published according to law.
Dated: M�
City Clerk of
Town of Dan
PAGE 6 OF ORDINANCE NO. 2016-02