HomeMy WebLinkAbout2017-07ORDINANCE NO. 2017-07
REPEALING SECTION 32-45 - DOWNTOWN BUSINESS DISTRICT CODE AND
ADOPTING A NEW SECTION 32-45 - DOWNTOWN BUSINESS DISTRICT
The Danville Town Council does ordain as follows:
SECTION 1. REPEAL THE EXISTING SECTION 32-45 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-45 of the Danville municipal Code is repealed in its entirety.
SECTION 2. ADDING A NEW SECTION 32-45 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-45 is hereby added to the Danville Municipal Code to read as follows:
32-45 DOWNTOWN BUSINESS DISTRICT. *
* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 135
and 90-18.
Division 1
INTRODUCTION
32-45.1 Purpose and Intent
It is the purpose and intent of this chapter to provide the Town of Danville with a set of
land use and development standards for the continued physical and economic growth of
the designated downtown area, consistent with the Downtown Master Plan and the
General Plan.
The architectural and overall development pattern of the Downtown Business District
originated in the mid -19th century, and continued to develop up through the
present. Preservation of the district's unique history and character along with other
essential qualities is a high priority. Future growth and change must maintain the
existing character through use of compatible materials, scale and massing.
The Downtown Business District includes thirteen (13) land use areas which detail
specific land uses that may occur. These thirteen (13) land use areas are shown on the
zoning map in Figure 6 of the 2030 General Plan.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.2 Definitions and Measurement Standards
In this chapter unless the context otherwise requires:
Applicant shall mean the person filing an application in compliance with this chapter and
who is: The owner or lessee of property; the party who contracted to purchase property
and who presents written authorization from the property owner to file an application
with the Town; or, the agent of either of the above who presents written authorization
from the property owner to file an application with the Town.
Arbors shall mean open trellis -like elements that can be used to emphasize building
entries or outdoor activity spaces.
Area of elevation shall mean the total height and length of a building as viewed from off-
site.
Aztmings shall mean canvas or other materials that provide shade from sun, shelter, and
protection from the elements off a storefront, window, or doorway.
Bar/Nightclub/Lounge shall mean businesses serving beverages, including beer, wine, and
mixed drinks, for consumption on the premises as a primary use.
Bed and Breakfast Inns shall mean an establishment offering overnight accommodation
and breakfast, but usually not other meals, within a converted single-family dwelling,
and typically with fewer than ten bedrooms available for commercial use.
Blended Use shall mean a mix of uses where at least seventy-five (75) percent of the uses
in the tenant floor space are conforming uses under the subject Downtown Business
District Area. The remaining portion of the tenant space, which may include the floor and
walls for the display of merchandise, shall be limited to the uses listed as conditional uses
or allowed uses on the second floor within the subject Downtown Business District Area,
or other uses that are found to be compatible by the Chief of Planning on a case-by-case
basis. If, after the initial occupancy of the business, the business model is modified from
the initial blended use, either by ratio or uses, in a manner that results in a higher parking
demand, then the Planning Division shall recalculate the parking demand and require
payment of any additional parking in -lieu fees, as applicable in the Old Town Parking
Area.
Building overliang shall mean any portion of a structure (including appurtenant
structures) that abuts and extends over the foundation line of the building.
PAGE 2 OF ORDINANCE NO. 2017-07
Building site area shall mean the total gross land area of the property available for
development of buildings, parking and landscape.
Business shall mean an organization involved in the trade of goods, services, or both to
customers that, for zoning regulation purposes, conducts business as the specific
enterprise, occupant or tenant utilizing space within a structure.
Development shall mean any new construction or exterior change, modification or exterior
expansion of an existing building.
Emergency shelter shall mean housing with minimal supportive services for homeless
persons that is limited to occupancy of six (6) months or less by a homeless person and
where housing services provided are made available to individuals or households may
be denied emergency shelter because of an inability to pay.
Floor Area Ratio (FAR) shall mean the numerical value obtained by dividing the
aboveground gross conditioned floor area of a building or buildings located on a lot by
the total area of the lot.
Fascia shall mean that portion of a structure that presents a flat, horizontal band across
the eave line of a building elevation.
Front and side of corner lots shall mean the narrowest frontage of a lot facing the street is
the front and the longest frontage facing the intersecting street is the side, regardless of
which direction the structure faces.
Heritage Resource shall mean a structure, site, improvement or natural feature that has
been designated for heritage preservation by the Danville Town Council pursuant to
subsection 32-72.6.
Hotel or Motel shall mean a commercial establishment offering overnight visitor
accommodations, but not providing room rentals on an hourly basis. These uses include
facilities available to the general public, including without limitation meeting and dining
facilities, provided these are an integral part of the hotel or motel operations.
Legal nonconforming business or use shall mean a business or use that was legally
established and established before the adoption of this chapter that does not conform to
these regulations.
Legal nonconforming use shall mean a use that does not conform to these regulations which
was in existence prior to adoption of this chapter.
PAGE 3 OF ORDINANCE NO. 2017-07
Office, business and professional shall mean offices of firms or organizations providing
professional, executive, or administrative services, often by appointment, such as, but not
limited to: accounting, advertising, architecture, dentistry, engineering, graphic design,
insurance, legal services, and medicine.
Office, service uses shall mean businesses such as, but not limited to, the following:
escrow/title/notary public, financial institutions/banks/savings and loan, and real
estate.
Outdoor display of merchandise shall mean the display of merchandise outside of the
enclosed tenant space consistent with the requirements of 32-45.25.
Outdoor sales event shall mean a temporary outdoor sales event where merchandise is
displayed entirely on-site, but outside of the tenant space, and lasts no longer than six (6)
days every six (6) months.
Outdoor seating shall mean the use of an adjacent, outside area of a tenant space for the
purpose of serving food or beverages consistent with the requirements of 32-45.25.a.
Outdoor storage of merchandise shall mean the display and storage of merchandise outside
of the enclosed tenant space that is not brought into the tenant space each night. This use
shall include the outdoor display of automobiles.
Personal service uses shall mean businesses that provide recurrently needed, non-medical
services of a personal nature to customers as their primary activity. Personal service
includes, but is not limited to salons, barbers, non-medical massage establishments,
estheticians and nail salons.
Public uses shall mean uses such as, but not limited to, meeting rooms, theaters,
auditoriums, libraries, etc.
Project shall be any proposal for new or changed use, or for new construction, alteration
or enlargement of any structure, that is subject to the provisions of this chapter.
Restaurant, food to go shall mean businesses designed as a takeout facility in which limited
food is consumed on the premises where no table service is provided and patrons pay
before eating.
Restaurant, full service shall mean businesses that are primarily engaged in serving
prepared food or beverages for on-site consumption to patrons who are generally served
while seated. Take out service may not be available but may be provided on a very limited
basis as an ancillary use.
PAGE 4 OF ORDINANCE NO. 2017-07
Restaurant, limited service shall mean businesses where food and beverages are prepared
and may be consumed on the premises, taken out, or delivered. Customers are only
partially served while seated.
Retail shall mean businesses selling, renting, or exchanging_ goods, wares, or merchandise.
Retail includes, but is not limited to: art galleries, clothing stores,
copying/duplicating/printing, drug stores, florists, floor coverings, grocery stores,
interior decorators with goods, optical goods and service, picture framing, portrait
studios, post office/ parcel service, and shoe and garment repair with goods. Restaurant
uses are not considered retail uses,
Service commercial shall mean uses that provide on-site service to customers as their
primary activity and which are compatible with the immediate area. Business activities
included in this category shall mean, but are not limited to, the following: business or
professional schools, cultural improvement schools such as, but not limited to, music,
dance and martial arts, health and fitness clubs, and places of cultural entertainment
including museums, libraries and theaters.
Setback shall mean the distance by which a structure, parking area or other development
feature must be separated from a lot line, easement, other structure or development
feature for purposes of this chapter, the term "yard" may be used interchangeably with
the term "setback".
Setbacks from street corner shall mean that point of intersection of the required setback lines
from access streets, prolonged to the point of intersection.
Soffit shall mean the horizontal underside of a building projection, also referred to as an
eave.
Tasting room shall mean a business providing on-site tasting and consumption of beer and
wine only and retail sales directly to the public. Food may be offered as part of the beer
and wine tasting. The tasting room may be operated accessory to a separate on-site use
or as a stand-alone use. Outdoor seating areas are permitted as an accessory use to a
tasting room.
Use shall mean the type of business, (e.g., retail, restaurant, service commercial, service
office, etc.).
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
PAGE 5 OF ORDINANCE NO. 2017-07
32-45.3 Applicability
This section applies to all development within the Downtown Business District
(designated DBD on the Town zoning map) and regulates all existing uses, proposed new
uses, remodels and new construction.
Land uses will be regulated through the Development Plan review procedure as follows:
a. Existing Uses and Structures. A lawful use of land or buildings existing on November
16. 2017. but which does not conform to this chapter, is a legal nonconforming
use/business. No review is required for such a structure, use or business until there
is a change of use and/or business. Expansion or intensification of a legal
nonconforming use/business is discouraged. Minor intensification or expansions
may be considered under a Land Use Permit under special circumstances if the
application meets the character and intent of the DBD in which it is located and there
is finding of substantial conformance with this chapter.
All exterior alterations of structures, or alterations to the exterior physical expression
of businesses or uses, as applicable require Development Plan pursuant to Division 5
of this chapter. A legal nonconforming use may be sold as a legal nonconforming use
providing the character and type of business remains the same and all impacts
relating to traffic, parking and other environmental impacts are not increased. A legal
nonconforming use shall be deemed illegal after the use ceases for thirty (30)
consecutive days.
b. Nein Uses Within an Existing Structure. When a new use/business is proposed for an
existing structure necessitating exterior alterations to the structure, the applicant is
required to obtain Development Plan approval pursuant to Division 5 of this chapter.
c. Neuf Structures. Development Plan approval pursuant to Division 5 of this chapter is
required for a new project. A "new project" includes not only projects involving a
complete redevelopment of the site, resulting in all new construction, but shall also
include projects resulting in changes to the facade of existing buildings, or remodeling
which results in an increase of the floor area ratio of an existing
development. Maintenance, such as like replacement or repair of dilapidated
features, is not considered a new project and is not subject to a development plan.
d. Joint Study Session Revievn. Development plan applications for properties located
within Areas 11 and 12 are subject to joint study session review by the Design Review
Board, Planning Commission and Town Council, prior to final action by the Planning
Commission. The Heritage Resource Commission shall also be included if the project
involves a Town -identified Heritage Resource.
PAGE 6 OF ORDINANCE NO. 2017-07
e. Designated Heritage Resources or Historically Significant Resource. Alteration of a
Designated Heritage Resource or a historically significant resource requires
development plan approval pursuant to Division 5 and subsection 32-72.8 as regards
the reviewing body for the proposed alteration and the standards of review to be
considered prior to issuance of the requisite Certificate of Approval.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.4 — 32-45.9 Reserved.
Division 2
SPECIFIC USES AND DEFINITIONS
32-45.10 Land Use Areas
These thirteen (13) land use areas are intended to accommodate a mix of uses and to guide
development to appropriate locations within the downtown area, consistent with the
Downtown Master Plan and the General Plan. The areas and their permitted uses are as
set forth in subsections 32-45.11 through 32-45.21. Upon the determination of the Chief of
Planning, the list of permitted and conditional uses in the thirteen (13) land use areas may
be expanded to include similar uses, providing that the purpose and intent of each area
is preserved and there is a finding of substantial conformance with this chapter.
Building height. All buildings and structures are limited to the height shown below for
the area in which the structure is located. The height limitation applies to roofs, roof
projections, mechanical equipment, microwave sending and receiving devices and all
other projections. Building height shall mean the vertical distance measured from the
average level of the highest and lowest point of finished grade or natural grade,
whichever is lower, of the lot covered by the building to the highest point of the structure.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013- 05)
32-45.11 Area 1 and Area 2A: Old Town Retail
a. Purpose. To provide for an intensely developed central core area of ground floor retail,
and second floor service commercial or service office businesses where merchandise
is stored on-site and all transactions and/or services occur entirely within an enclosed
building. Retail is defined as any business activity that devotes the major portion of
the interior space to exhibit products which are for sale to the general public and
which provides pedestrian interest and amenities. Uses in this area encourage
shoppers to visit a variety of stores after parking or arriving by public transit.
PAGE 7 OF ORDINANCE NO. 2017-07
b. Permitted Uses. The following uses are permitted in Area 1 subject to the development
requirements in paragraph d.:
• Retail;
• Restaurant, food to go;
• Restaurant. full service;
• Restaurant, limited service;
• Bar/ nightclub/ lounge;
• Tasting room;
• Blended use;
• incidental accessory uses;
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a; and
• Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted upon issuance of a Land Use
Permit if they are proposed to occupy more than twenty-five (25%) percent of a
ground floor tenant space:
• Personal service;
• Service commercial;
• Service office;
• Government facilities;
• Residential (above ground -floor only);
• Outdoor storage and/or display of merchandise not provided under subsection
32-45.27;
• Outdoor sales event; and
• Business and professional office.
Other uses not specifically permitted or conditionally permitted in Area 1 or 2A or
allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred
to the Planning Commission on a case-by-case basis where a finding is made that the
proposed use is consistent with the intent and purpose of this chapter. Such case-by-case
review shall take into consideration the location, size and design of the building and the
ability to effectively market a retail business.
d. Prohibited Uses. The following uses are prohibited in Area 1:
1. Short term rentals.
e. Development Requirements.
1. Floor Area Ratio. The maximum allowable floor area ratio is eighty percent (80%)
of the net area available for development, (as determined by a planning
entitlement deemed complete for processing), inclusive of all conditioned space.
PAGE 8 OF ORDINANCE NO. 2017-07
2. Ground Floor Uses. One hundred percent (100%) of ground floor tenant spaces
shall generally be limited to retail and/or restaurant, bar/nightclub lounge,
tasting room, or blended uses. An exception can be made to allow up to a
maximum of twenty-five percent (25%) of the ground floor of a building or
shoppin_, center to be personal service, service office, or service commercial uses
if a finding can be made that the subject space is difficult to lease due to its location
away from main pedestrian corridors (i.e., located down an alleyway, in a
courtyard area, etc.). The exception may only be granted through the issuance of
a Land Use Permit issued by the Chief of Planning or may be referred to the
Plnnrnino, C'nmmiccinn nn a case-by-case basis.
3. Second Floor Uses. In addition to the allowed uses on the ground floor, personal
service, service office, service commercial, business and professional office uses
are permitted on the second floor.
4. Height limit is two (2) stories or thirty-five (35) feet, whichever is less.
5. Setback Requirements.
Front yard: Average of ten (10) feet -minimum from a public right-of-way.
Side and rear yards: No minimum, except on corner lots where there shall average
ten (10) feet from a public right-of-way.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.12 Area 2: Old Town Retail Transition
a. Purpose. To provide a transition and buffer between the more intensely developed
central business district (Old Town Retail; Area 1 or 2A) and areas designated for
mixed use and commercial development. This area allows a wider range of uses which
are intended to be complimentary to the central business district area.
b. Permitted Uses. The following uses are permitted in Area 2, subject to the development
requirements in paragraph d.:
• Retail;
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/ nightclub/ lounge;
• Tasting room;
• Blended use;
• Amusement places/ arcades;
• Auditorium;
• Catering;
• Clothes/carpet/drapery cleaners without plant;
• Emergency medical care;
• Hotels/motels/bed and breakfast;
PAGE 9 OF ORDINANCE NO. 2017-07
• Government facilities;
• Personal service;
• Service commercial;
• Service office;
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
• Incidental accessory uses; and
• Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
• Child care;
• Residential (above ground -floor only);
• Outdoor storage of merchandise;
• Outdoor sales; and
• Drive-thru facilities.
Other uses not specifically permitted or conditionally permitted in Area 2, or allowed via
subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planning Commission on a case-by-case basis where a finding is made that the proposed
use is consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 2:
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 conditioned space.
2. A minimum of twenty-five percent (25%) of the total ground floor space of the
building or development shall be devoted to retail, all restaurant types,
bar/nightclub/lounge, or tasting room uses, consistent with the definition of
Blended Uses. Personal service, service commercial, and service office uses are
permitted to locate in up to seventy-five percent (75%) of the remaining portion of
the ground floor space of the building or development.
3. In addition to allowed ground floor uses, personal service, service office, service
commercial, business and professional office uses are permitted on the second
floor.
4. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
PAGE 10 OF ORDINANCE NO. 2017-07
5. Set back requirements are as follows:
Front yard: Average of ten (10) feet minimum from a public right-of-way. Side
and rear yards: No minimum, except on corner lots where there shall be an
average of ten (10) feet from a public right-of-way.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.13 Area 3: Old Town Mixed Use
a. Purnnse, To introduce uses that are consistent and compatible with the pedestrian
orientation of Area 1 and Area 2A -Old Town Retail (subsection 32-45.11).
b. Permitted Uses. The following uses are permitted in Area 3, subject to the development
requirements in paragraph d.:
• Retail;
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/ nightclub/ lounge;
• Tasting room;
• Blended use;
• Amusement places/ arcades;
• Auditorium;
• Catering;
• Clothes/carpet/drapery cleaners without plant;
• Emergency medical care;
• Hotels/motels/bed and breakfast;
• Government facilities;
• Service office;
• Business and professional office;
• Outdoor seating for restaurants and establishments with beer and wine only,
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
• Emergency shelters;
• Incidental accessory uses; and
• Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
• Child care;
• Residential (above ground -floor only)
• Outdoor storage of merchandise; and
PAGE 11 OF ORDINANCE NO. 2017-07
• Outdoor sales event.
Other uses not specifically permitted or conditionally permitted in Area 3, or allowed via
subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planning Commission on a case-bv-case basis if a finding is made that the proposed use
is consistent with the intent and purpose of this chapter. Such case-by-case review shall
take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 3:
1 C,hnri- term reritalz
e. Development Requirements.
1. The maximum allowable floor area is sixty-five percent (65%) of the net area
available for development (as determined by a planning entitlement deemed
complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
3. Set back requirements are as follows:
Front yard: Average of ten (10) feet minimum from a public right-of-way.
Side yard: Ten (10) feet total; minimum of five (5) feet.
For a corner lot, average of ten (10) feet from public right-of-way.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.14 Area 4: Resident Serving Commercial
a. Purpose. To provide services for the convenience of residents and the general
community. Uses for this area include those uses which are not compatible with uses
in a traditional central business district (Areas 1, 2 and 2A).
b. Permitted Uses. The following uses are permitted in Area 4, subject to the development
requirements in paragraph d.:
• Retail;
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/nightclub/lounge;
• Tasting room;
• Blended use;
• Amusement places/ arcades;
• Auditorium;
• Catering;
• Clothes/carpet/drapery cleaners without plant;
PAGE 12 OF ORDINANCE NO. 2017-07
• Emergency medical care;
• Hotels/motels/bed and breakfast inns;
• Government facilities;
• Cabinet shop;
• Glass shops and repair facilities;
• Gunsmith;
• Home improvement services;
• Janitorial supply and service;
• Locksmith;
• Miscellaneous repair of household goods/ business equipment;
• Mortuary;
• Nursery and gardening sales and supplies;
• Pool supply;
• Service station;
• Trade schools;
• Upholstery supply/repair;
• Automotive oriented services (e.g., auto upholstery);
• Service office;
• Personal service;
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
• Incidental accessory uses; and
• Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
• Child care facility;
• Drive-thru facilities;
• Outdoor storage of merchandise;
• Outdoor sales event;
• Equipment sales and rental;
• Heating, air conditioning/ plumbing supply and repair;
• Laundromat;
• Sign painting;
• Storage building;
• Veterinarian hospital/boarding/pet grooming;
• Auto/boat/motorcycle/trailer/recreational vehicle sales or rentals;
• Auto wash;
• Auto repair (body, paint and tire) excluding wrecking and salvage;
• Wholesale/assembly/minor manufacturing plants with storage and processing
incidental to retail operation where not offensive or objectionable because of odor,
dust, smoke, noise or vibration; Nursing/ convalescent home; and
PAGE 13 OF ORDINANCE NO. 2017-07
• Residential (above ground -floor only).
Other uses not specifically permitted or conditionally permitted in Area 4, or allowed via
subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planninz Commission on a case-bv-case basis where a finding is made that the proposed
use is consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 4:
1 , �hnrt term rentals,
e. Development Requirements.
1. The maximum allowable floor area ratio is fifty percent (50%) of the net area
available for development (as determined by a planning entitlement deemed
complete for processing), inclusive of all conditioned space.
2. Business and professional office uses are permitted on the second floor.
3. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
4. Set back requirements are as follows:
Front yard: Ten (10) feet minimum from a public right-of-way.
Side yard: Ten (10) feet total; minimum of five (5) feet.
For a corner lot, average of ten (10) feet from public right-of-way.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.15 Area 5: Commercial/Residential Mixed Use
a. Purpose. Area 5 consists of property containing the Town library and community
center, the Stony Brook residential development, and two commercial properties
along Hartz Way. This area shall include a mix of uses serving to complement and
support the retail and restaurant uses of Areas 1, 2, 2A, and 3. A minimum of two (2)
acres shall be devoted to public uses.
b. Permitted Uses. The following uses are permitted in Area 5:
• Retail;
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/nightclub/lounge;
• Tasting room;
• Blended uses;
• Service office;
• Business and professional office;
PAGE 14 OF ORDINANCE NO. 2017-07
• Residential uses as permitted in subsection 32-45.19;
• Public uses;
• Hotel;
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
• Personal Service; and
• Incidental accessory uses.
Conditional 1 1 T _ T7^ following ._: i:__:�: 4� 41 T 4 TT__ TD--f-
c.
D,,,,,� f—
c. Conditional Uses. he folio ing' ac L1v1L1es are permitted vV"1 Ll a Lal LU UDC 1 C111 L1 L.
• Drive-thru facilities;
• Residential (above ground -floor only);
• Outdoor storage of merchandise;
• Outdoor display of merchandise;
• Outdoor sales event; and
• Child care facilities when integrated into a coordinated project consisting of the
entirety of Area 5.
Other uses not specifically permitted or conditionally permitted in Area 5, or allowed via
subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planning Commission on a case-by-case basis where a finding is made that the proposed
use is consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 5:
1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area
available for development (as determined by a planning entitlement deemed
complete for processing), 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. Set back requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way.
Side yard: Fifteen (15) feet total; minimum of five (5) feet.
For a corner lot, average of ten (10) feet from public right-of-way.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 6)
PAGE 15 OF ORDINANCE NO. 2017-07
32-45.16 Area 6: Business and Professional Offices
a. Purpose. To allow a combination of commercial activity and business and professional
offices except for retail commercial sales which are not ancillary to the specifically
permitted uses.
b. Permitted Uses. The following uses are permitted in Area 6, subject to the development
requirements in paragraph e.:
• Development north and south of Town and Country Drive, east of Sheri Lane shall
bp limited C1ff7CP 1jCP a$ apprnvPci through the previous, property specific general
plan amendment and development plan entitlements;
• Service offices;
• Business and Professional offices;
• Government facilities; and
• Incidental accessory uses.
c. Conditional Uses. Except for the area involving subsection b.1. above, the following
uses are permitted with a Land Use Permit:
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/ nightclub/ lounge;
• Tasting room;
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
• Blended Uses;
• Health clubs;
• Veterinarians;
• Residential (above ground -floor only); and
• Child care facilities.
Other uses not specifically permitted or conditionally permitted in Area 6, or allowed via
subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planning Commission on a case-by-case basis where a finding is made that the proposed
use is consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 6:
1. Short term rentals.
PAGE 16 OF ORDINANCE NO. 2017-07
e. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area
available for development (as determined by a planning entitlement deemed
complete for processing), 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.
Sicle varel: Fifteen (15) feet total; minimum of five (5) feet.
For corner lots, fifteen (15) feet from the public right-of-way.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.17 Area 7: Retail
a. Purpose. To allow the continued use of retail business which sells goods, wares and
merchandise directly to the ultimate consumer.
b. Permitted Uses. The following uses are permitted in Area 7, subject to the development
requirements in paragraph d.:
• Retail;
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/nightclub/lounge;
• Tasting room;
• Blended use;
• Personal service;
• Service Commercial;
• Service Office;
• Amusement places/ arcades;
• Auditorium;
• Catering;
• Clothes/carpet/drapery cleaners without plant;
• Emergency medical care;
• Hotels/motels/bed and breakfast inns;
• Government facilities;
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
PAGE 17 OF ORDINANCE NO. 2017-07
• Incidental accessory uses; and
• Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
• Child care;
• Drive-thru facility;
• Outdoor storage of merchandise; and
• Outdoor sales event.
lJL1lCr uses 1LOL Jp eci111.0.11y pCl llli C_11_'1LLCLd o1 l.o1L111LIona11y per11l1LLeVA 111 L-Irea �, or ailo`v"v eu via
subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planning Commission on a case-by-case basis where a finding is made that the proposed
use is consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is thirty-five percent (35%) of the net area
available for development (as determined by a planning entitlement deemed
complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less
3. Setback requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way.
Side yard: Fifteen '(15) feet total, minimum of five (5) feet.
For corner lots, fifteen (15) feet from the public right-of-way.
Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.18 Area 8: Retail/Office
a. Purpose. This area is referred to as the Livery Shopping Center. This site was
developed under an existing P-1 Planned Unit District and maintains its own land
uses and controls.
b. Permitted Uses. As previously approved under DP 83-3 and DP 84-9.
• Retail;
• Restaurant, food to go;
• Restaurant, full service;
• Restaurant, limited service;
• Bar/nightclub/lounge;
• Tasting room;
• Blended use;
PAGE 18 OF ORDINANCE NO. 2017-07
• Outdoor seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a;
• Outdoor display of merchandise; and
• Incidental accessory uses.
For the free-standing pad buildings and the shopping center area south of Sycamore
Valley Road:
• Business and professional offices;
C ✓Cl V;kC V��;
Q.L L%A
• Service commercial.
c. Prohibited Uses.
• Supermarkets and drugstores;
• Cabaret;
• Warehouses;
• Coin operated laundries;
• Automobile sales, service or parts;
• Heavy Equipment rentals;
• Amusement arcades;
• Service stations;
• Car washes; and
• A use with drive -up or walk-up windows where food is primarily prepared for
off -premise consumption.
d. Conditional Uses. The following activities are permitted with a Land Use Permit:
• Outdoor storage of merchandise; and
• Outdoor sales event.
Other uses not specifically permitted or conditionally permitted in Area 8, or allowed via
subsection 32-45.10, may be authorized by the Planning Commission on a case-by-case
basis where a finding is made that the proposed use is consistent with the intent and
purpose of this chapter. Such case-by-case review shall take into consideration the
location, size and design of the building.
e. Development Requirements.
1. The maximum allowable floor area ratio is thirty-five percent (35%) of the gross
site area, inclusive of all conditioned space.
2. The height limit is as constructed.
3. Setback requirements are as previously approved and constructed under
Development Plan DP 84-9.
PAGE 19 OF ORDINANCE NO. 2017-07
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.19 Area 9: Multifamily Residential High/Medium Density
a. Purpose. To permit the use of properties for multifamily residential use consistent with
the adopted Residential - Multifamily - High/Medium (20 to 25 dwelling units per
acre) land use designations in the General Plan.
b. Permitted Uses. The permitted multifamily residential uses set forth in Section 32-24 of
the Danville Municipal Code.
1.
c. Conditional Uses. Conditional uses as contained in subsection 32-24.4 of the Danville
Municipal Code may be permitted, upon issuance of a Land Use Permit.
d. Prohibited Uses. The following uses are prohibited in Area 9:
1. Short term rentals.
e. Height Limit. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
The maximum height for an accessory structure is fifteen (15) feet.
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.
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 - Application 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 size and average size of individual private open space areas (i.e.,
enclosed private patios or private balconies) proposed for the project;
3. The location, minimum size, and average size of private storage spaces proposed
for the project; and
4. The location, design and construction materials proposed for project fencing.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 7)
PAGE 20 OF ORDINANCE NO. 2017-07
32-45.20 Area 10: Mixed Use
a. Purpose. This area is referred to as the Prudential Building, located at 630 San Ramon
Valley Boulevard. This site was developed under an existing P-1 Planned Unit District
and maintains its own land uses and controls.
b. Permitted Uses. As previously approved under Development Plan DP 2000-27,
business and professional offices, services office, retail, and incidental accessory uses.
c. Conditional 1 Tcoc ThP fn11"Wing nri-iV:tiec arP pPrm7ttPd Wifb A T anti TTOP PPrmi+;
• Outdoor storage of merchandise;
• Outdoor display of merchandise; and
• Outdoor sales.
d. Prohibited Uses. Restaurant, full service; Restaurant limited service,
Bar/ nightclub/ lounge; tasting room, and Residential.
Other uses not specifically permitted or conditionally permitted in Area 10, or allowed
via subsection 32-45.10, may be authorized by the Planning Commission on a case-by-
case basis where a finding is made that the proposed use is consistent with the intent and
purpose of this chapter. Such case-by-case review shall take into consideration the
location, size and design of the building.
e. Height Limit. The height limit is two (2) stories or thirty-five (35) feet, whichever is
less. The maximum height limit for accessory structures is fifteen (15) feet.
f. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area
available for development (as determined by a planning entitlement deemed
complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less;
3. Setback requirements are as follows:
Front yard: Twenty (10) foot average from public right-of-way.
Side yard: Fifteen (15) feet total, minimum of five (5) feet.
Rear yard: Twenty (20) foot minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.21 Area 11: Special Opportunity District
a. Purpose. To permit flexible development standards tailored to best meet the needs of
large downtown sites while maintaining the desired mix of land uses which are
compatible with the downtown area.
PAGE 21 OF ORDINANCE NO. 2017-07
b. Permitted Uses. The following uses are permitted in Area 11, subject to the
development requirements in paragraph d.:
• Retail;
• Restaurant, full service;
• Restaurant, limited service;
• Restaurant, food to go;
• Bar/ night club/ lounge;
• Tasting room;
• Blended use;
• Outdoor display of merchandise;
• Residential (above ground -floor only);
• Hotels/motels/bed and breakfast inns;
• Personal service, service office, service commercial, business and professional
office uses (above ground -floor only);
• Outdoor Seating for restaurants and establishments with beer and wine only
licenses from the California Department of Alcoholic Beverage Control, and
subject to the standards listed under Section 32-45.25.a; and
• Incidental accessory uses.
c. Conditional Uses. The following uses are permitted upon issuance of a Land Use Permit
if they are proposed to occupy more than twenty-five (25) percent of a ground floor
tenant space:
• Residential (where developed as a ground -floor use);
• Personal service (where consistent with 32-45.21.d2);
• Service commercial;
• Service office;
• Government facilities;
• Outdoor storage of merchandise;
• Outdoor sales event; and
• Business and professional office.
Other uses not specifically permitted or conditionally permitted in Area 11 or allowed
via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the
Planning Commission on a case-by-case basis where a finding is made that the proposed
use is consistent with the intent and purpose of this chapter. Such case-by-case review
shall take into consideration the location, size and design of the building and the ability
to effectively market a retail business
d. Prohibited Uses. The following uses are prohibited in Area 11:
1. Short term rentals.
PAGE 22 OF ORDINANCE NO. 2017-07
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 conditioned space. Development of the
site may be considered for a floor area ratio higher than eighty percent (80%), as
determined on a case-by-case basis through the review of an individual
Development Plan application, in exchange for the provision of up to one hundred
percent (100%) on-site parking through the construction of underground or
structured parking.
7 A minimrnm of CPVPYnh7—f1VP pPrrPnt (Ti%) of the total arnund flnnr annco of the
building or development shall be devoted to retail or restaurant uses, consistent
with the definition of blended uses personal service, service office, and service
commercial uses may be considered for a location in a maximum of twenty-five
I ercent (25%) of the ground floor space where such use is located in a courtyard
area or other area off the main pedestrian access and upon issuance of a Land Use
Permit where a finding is made that uses will result in the creation of substantial
pedestrian traffic. Where 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. This twenty-
five percent (25%) allowance may be in addition to any non -retail or non -
restaurant uses within the building established as part of a blended use.
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-five (35) feet.
5. The setback requirements are as established through a site-specific Development
Plan approval.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 8)
32-45.21.1 Area 12: Multifamily Residential High Density
a. Purpose. To permit the use of properties for multifamily residential use consistent with
the adopted Residential -Multifamily - High Density (25 to 30 dwelling units per acre)
land use designation in the Downtown Master Plan and the General Plan.
b. Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the
Danville Municipal Code; and
c. Conditional Uses. Conditional uses. as contained in subsection 32-24.4 of the Danville
Municipal Code may be permitted upon issuance of a Land Use Permit.
PAGE 23 OF ORDINANCE NO. 2017-07
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 project's floor area ratio calculation.
2. The height limit is thirty-five (35) 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.
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 Application 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.
8. The location, design and construction materials proposed for project porches,
stoops, and similar design features.
PAGE 24 OF ORDINANCE NO. 2017-07
(Ord. 2013-05; Ord. 2016-02, § 9)
Division 3
DEVELOPMENT STANDARDS
32-45.22 Architectural Development Standards
This section sets forth specific architectural design guidelines for the development of new
structures and the remodel of existinL- structures which chanL-es the appearance in the
V V 1 1
designated Downtown Business District.
Danville's Downtown Business District contains a mixture of historic buildings and
architectural styles in a pedestrian friendly setting. Though considerable variation exists
in the downtown with respect to architectural styles, the overall scale and character of
the downtown respects the areas' nineteenth century origins. The different architectural
styles that form a historical context for the downtown include:
• Gothic Revival (169 Front Street - Vecki House);
• Victorian (100 School Street - Shuey/Podva House);
• Vernacular (411 Hartz Avenue - McCauley House);
• Victorian Stick (205 Railroad Avenue - Danville Depot);
• Neoclassic Rowhouse (146 Diablo Road - (Elliot House);
• Queen Anne Cottage (500 Hartz Avenue - Eddie House);
• Traditional Commercial Storefronts (360, 370 and 376 Hartz Avenue);
• Craftsman/ California Bungalow (402 and 404 Hartz Avenue - George Foster
House); and
• Spanish Eclectic/ Spanish Revival (345-349 Hartz Avenue, 201 Front Street,
McDonald's Drug Store and Danville Presbyterian Church).
Chapter 3 - "Architectural Styles" of the Town's Design Guidelines for Heritage Resources
includes a comprehensive description of these architectural styles. The Town's Survey of
Historically Significant Resources identifies additional styles that transition from one era to
another, including types or subsets of the Victorian era such as Italianate, Stick/ Eastlake,
and Colonial Revival.
For the thirteen (13) land use areas identified downtown, all development standards
contained in section 32-45 must be applied in a manner which ensures that the design of
new buildings is successful on a stand alone basis, while working in context with the
buildings' surroundings, allowing for effective integration of the new building into the
existing downtown fabric.
Retail and restaurant uses are required to be the primary ground -floor uses established
in Areas 1, 2, 2A, 3 and 11, in order to promote the creation of a pedestrian friendly
PAGE 25 OF ORDINANCE NO. 2017-07
environment and to provide for retail continuity. Storefront design standards included
in this section are intended to facilitate these objectives.
The following construction materials and detailing apply to all thirteen (13) land use
areas set forth in Division 2.
a. Project Design.
1. Design of all buildings shall be consistent with these guidelines; corporate, chain
or franchise designs are not permitted.
2, T TcPP of a variety of trarlitinnal architechim] St"ylPs and shapes is pPl'mltted. Designs
may relate to historic elements seen within the area, but shall be also
distinguishable as being newer than the Heritage Resources. Imitation, period
pieces, or reproduction of historic styles, such as those seen in theme amusement
parks, are not allowed.
3. Building detailing shall be incorporated into each of the four sides of the building
and consistent with the building's dominant architectural style. Visible blank walls
are not allowed. Walls shall be articulated through windows, signs, lighting,
vertical landscaping, or other architectural detailing. Detailing shall be an integral
part of the building design and used appropriately throughout.
4. Outdoor spaces defined or partially enclosed by buildings shall be designed to
function as focal points, merchandise display area, and/or gathering spaces for
sitting and walking as appropriate to the site.
5. Exterior lighting shall be addressed as an integral part of building landscaping and
design.
b. Building Mass and Scale.
1. Larger building facades shall be broken into smaller units to convey a sense of
human scale along street frontages.
2. New buildings shall step down in height as they approach a Heritage Resource
building, Hartz Avenue and street corners.
3. New buildings shall observe the height limits as specified within the development
requirements of each of the applicable land use areas.
c. Building Materials and Colors.
1. The use of the highest quality materials for building facades consistent with the
architectural style of the building shall be provided.
2. Materials considered appropriate when used consistent with the architectural
style of the building include:
(a) Full and half brick;
(b) Wood siding;
(c) Natural/ authentic masonry;
(d) Stucco;
(e) Slate;
PAGE 26 OF ORDINANCE NO. 2017-07
(f) Shingles/ shakes;
(g) Wood windows and storefront doors;
(h) Metal and wood trellis;
(i) Tile accents;
(i) Metal accents; or
(k) Glass block accents.
3. Use of materials designed to conserve natural resources and reduce negative
impacts on the environment is encouraged.
4. Materials not allowed include:
(a) Windows W;4— h internnl miµntin'c nr cirmiilated rli-Virierl light;
(b) Lava rock;
(c) Synthetic/ cultured stone;
(d) Metal siding;
(e) Corrugated metal;
(f) Plastic;
(g) Concrete block units; or
(h) Fiberglass panels.
5. Building colors shall be appropriate to the architectural style of the building and
work in context with surrounding buildings.
6. Paint colors shall complement the colors of facade materials such as brick,
masonry, etc.
d. Retail Frontages.
1. Storefronts shall be spaced in a repeated rhythm along the sidewalk to maintain
pedestrian continuity and interest. Wall space between storefront windows shall
be minimized.
2. Storefront bases shall generally be no more than twenty-four (24) inches high from
the sidewalk.
3. Storefront base shall be of a material that complements the upper facade material.
4. Use of accent lighting to highlight merchandise displays in storefront windows is
encouraged.
5. Facades with multiple storefronts may vary base material, entry location or
awning design.
e. Entries.
1. Building and storefront entries shall be at sidewalk level.
2. In corner locations, the primary entrance shall be on the major street, or diagonally
at the corner.
3. Entry doors to the street level shall be a minimum of fifty percent (50%) glass.
4. Where appropriate in design, storefront entries may project or be recessed for
added relief on building facades.
5. Rear and side entries shall be compatible with front entries unless such entries are
visually inaccessible or an alternate design is required for building code purposes.
PAGE 27 OF ORDINANCE NO. 2017-07
f. Windozas.
1. Windows from the building wall shall be articulated through use of bay windows,
recessed windows, trim, or other design element.
2. Windows shall use clear or lightly tinted glass. Use of dark or reflective glass is
prohibited.
3. Windows above the first floor shall be placed in a regular pattern or patterns, and
shall be smaller than ground floor windows.
4. Projecting window sills shall be incorporated into the project design.
5. Transom windows are encouraged in new construction where appropriate to the
architectural s tyle of the building.
6. Storefront display windows shall have a vertical, rectangular orientation in a
manner that is compatible with the character of downtown. Vast plate glass panels
shall be avoided. Use of true divided light windows are encouraged. Allocate a
minimum of sixty percent (60%) of the storefront to display windows.
7. Storefront windows shall be developed and maintained as uncovered and visible
windows. Interior window coverings shall not be used in street level windows for
retail spaces. Use of display lighting is encouraged.
8. Fully operable display windows are encouraged where appropriate.
g. Roofs.
1. Roofs shall be an integral part of the building design that complements the
structure in scale, height and mass. Roof elements shall be similarly treated and
architecturally integrated on all building elevations. The combination of
incompatible roof elements is not permitted.
2. All roof -mounted mechanical and electrical equipment shall be fully integrated
into the overall roof design so as to be totally screened from off-site view.
3. Decorative features such as accent materials, patterns, cornices, brackets, finials
and roofline shapes are encouraged.
4. Materials. The following roof materials are considered to be appropriate when
installed per Chapter 15 of the California Building Code:
(a) Wood shingles or shakes;
(b) Concrete tile;
(c) Clay tile;
(d) Slate;
(e) Composition roof materials compatible with the character of downtown; or
(f) Metal roofing, where used only as an accent element.
5. The following roof designs are considered appropriate.
(a) Hip and/or gable roofs; or
(b) Flat/ minimum pitch roofs are permitted provided that no portion of the roof
is visible from off-site and with sufficient detailing such as use of cornices or
parapets. Further, all ducts, meters, air conditioning and/or any other
mechanical equipment shall be effectively screened from view.
PAGE 28 OF ORDINANCE NO. 2017-07
6. The following roof styles and designs are not permitted:
(a) Mansard; -
(b) Shed;
(c) Built up or flat/ minimum pitch roofs such that they may be viewed from off-
site; or
(d) Metal roofs, unless used as an accent and not the entire roof.
h. Building Projections and Sidezi7alk Coverings.
1. Improvements may encroach into the public right-of-way only if an encroachment
nPrmi+is ciihmittecl and innrnved must he approved as a part of a development
.,.�.. rr rr r -r
plan permit.
2. Building projections shall be designed to relate to or complement the architectural
style of the building and not shall block visibility of either the storefront or the
architectural features of the facade.
3. Projections shall be designed so that upon removal, the architectural character and
integrity of the facade shall remain intact.
4. All projections shall maintain a minimum vertical clearance of eight (8) feet
measured from the corresponding pedestrian area directly below the projection.
5. Where posts or columns are proposed to support building projections, posts or
columns shall be spaced to reinforce, rather than interfere with, facade or
storefront elements. Use of climbing flowering vines or other landscape elements
are encouraged for use with such posts or columns.
i. Site Design.
1. All outdoor storage and refuse collection areas shall be enclosed with self-closing
and self -latching gates and shall be screened so that they are not visible from access
streets and adjacent properties.
2. Outdoor storage of all company owned and operated motor vehicles, except for
passenger vehicles, shall be reasonably screened from view from access streets,
freeways and adjacent properties.
3. Storage or refuse collection is not permitted within front yard setback areas.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.22.a Outdoor Gathering Spaces
The Town encourages the creation of outdoor gathering spaces, such as plazas and
courtyards, as part of the approval of new land use or development entitlements, and
provides the following incentive for their creation:
a. For every whole 100 square feet of outdoor gathering space provided as part of the
approval of a new land use or development entitlement, the Town will give a credit
PAGE 29 OF ORDINANCE NO. 2017-07
towards the development's off-site parking in -lieu fee equal to the off-site parking in -
lieu fee cost for one retail parking space.
32-45.23 Landscaping Development Standards
The following landscaping development standards apply in the Downtown Business
District:
a. General. Each site shall have landscape elements, such as planting areas, window
boxes, containers, trellis, and/nr VPrtic'al lanrl.gcaping, All Landscaping shall be
provided with an automatic irrigation system. All trees shall be minimum fifteen (15)
gallon size. Shrubs shall be minimum five (5) gallon size. Shrubs used as ground cover
shall be minimum one (1) gallon size. All landscaped areas not covered by shrubs and
trees shall be planted with live ground cover or covered with mulch. All unpaved,
non -work areas (excluding vacant lots) shall be landscaped.
b. Hardscape. All sidewalks, decks and patios shall be constructed using concrete,
exposed aggregate, stamped concrete, bricks, brick pavers, wood decking, tile or
terrazzo. The use of asphalt pavement is only permitted in driveway and parking
areas.
c. Perimeter Areas. Perimeter landscaping shall be provided along all property lines
where buildings are set back from the lot line. A minimum of one (1) tree per thirty
(30) lineal feet of property line shall be planted in the perimeter area in addition to
required ground cover and shrubs. Trees may be clustered or uniformly spaced.
d. Frontage Landscaping. Frontage landscaping shall conform to the adopted Streetscape
Beautification Guidelines.
e. Use of Landscaping. Landscaping shall be used in a complementary fashion, and should
not obscure architectural elements on a building.
f. Plant type. Use of drought tolerant plants is encouraged.
g. Parking Areas.
1. A planter or landscaped strip at least five (5) feet in width shall be provided
adjacent to street rights-of-way. Automobiles should be screened from off-site
views through use of a combination of planting, berming and walls.
2. Driveway and parking areas shall be separated from adjacent landscaping by a
wall or curb at least four (4) inches high, but no more than three (3) feet six (6)
inches in height.
3. Minimum of one (1) tree for each five (5) parking stalls shall be installed within
fingers or medians that project into the paved area.
PAGE 30 OF ORDINANCE NO. 2017-07
h. Undeveloped Areas. Interim landscaping, including erosion control measures, shall be
provided on all graded sites that will remain vacant prior to building construction.
Undeveloped areas shall be maintained in a weed -free condition.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.24 Lot Area and Width
The minimyim Int area shall be thirty-five hundred (3;500) square feet, with a minimum
average lot width of thirty-five (35) feet except where a smaller lot existed prior to the
adoption of this chapter.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.25 Outdoor Display of Merchandise Criteria
a. A minimum of five (5) foot width pedestrian access, as a public and/or private access
way, shall be maintained across storefronts and be kept clear of merchandise to allow
for adequate public access. The five (5) foot minimum -width access shall meet all
applicable accessibility standards for pathways, as defined by the current building
code.
b. A minimum five (5) foot wide access shall be provided between the public entry to
the storefront and the public sidewalk or on-site parking area.
c. No merchandise shall be placed in a manner that impedes emergency personnel
access.
d. Merchandise may be placed within the public right-of-way if the criteria of 3a., 3b.
and 3c. above are met, provided an encroachment permit is issued by the Town of
Danville prior to placement.
e. Merchandise shall not impede access to surrounding businesses.
f. The display area for the merchandise shall be limited to the area immediately in front
of the subject tenant space.
g. Merchandise displayed shall belong to the retailer using the subject building's ground
floor space, and shall solely consist of retail goods normally sold within that store.
Subleasing of the area of authorized outdoor display is expressly prohibited.
PAGE 31 OF ORDINANCE NO. 2017-07
h. The maximum height of merchandise shall not exceed eight (8) feet in height above
storefront entry level.
i. Outdoor display of automobiles is permitted subject to approval of a Land Use Permit.
j. Merchandise displayed outside storefronts shall be brought indoors overnight.
k. Merchandise shall be, at a minimum, rotated seasonally, at a minimum.
1. Sigrn�•1µiremen+c ac rnntainerl Within the TnxA7n of Danville Cianc and C)titdnnr
`byn ey0----
Advertising Ordinance (Chapter 32-98) shall apply to all outdoor display of
merchandise contained within this chapter.
m. This section shall apply to retail businesses only.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
32-45.25.a Outdoor Seating
a. Outdoor seating for food or beverage uses shall be contained within a fence or other
enclosure which is architecturally compatible with the building and surroundings.
Prior to occupying the outdoor seating, the operator shall submit a site plan and
fencing plan for review and approval by the Town. For all new outdoor seating within
Downtown Business District Areas 1, 2, 2A, 3 and 11, the Town's off-site parking in -
lieu fee requirements shall apply.
b. For all existing restaurants with outdoor seating Land Use Permits approved by the
Town prior to November 16, 2017, the outdoor seating may be modified to comply
with these development standards and the parking requirements established under
Section 32-45.34., and may be subject to the payment of the Town's off-site parking in -
lieu fees.
c. Use Standards.
1. Any umbrellas used in conjunction with the outdoor seating area shall be
commercial grade, shall be located so as to be fully contained within the exterior
seating area, and shall not contain any product advertising or identification except
the name of the business.'The business name shall be printed on the umbrella with
a maximum letter height of four inches and shall be placed only on the lowest
vertical flap area of the umbrellas.
2. The tables and chairs used for exterior seating shall be consistent in type and
design.
3. Exterior lighting associated with the subject restaurant use shall be low glare, shall
be directed onsite, and shall not shine into adjacent properties or cause a nuisance
PAGE 32 OF ORDINANCE NO. 2017-07
for passing motorists or pedestrians. Only minimal safety lighting shall be
allowed after the authorized hours of operation.
4. The outdoor seating area operator, in conjunction with the property owner of the
subject commercial property, shall be responsible for keeping the exterior area
containing and adioinin-Y the exterior seatinj4 authorized by this permit clear of
litter and debris. This responsibility shall include the obligation to clean the
exterior seating area, if deemed necessary by the Planning Division.
5. Modification to the shape or size of the exterior seating area, beyond what was
authorized at the initial occupancy of the seating area, shall not occur without
a„+hnriza+inn frnm +hp PlanninQ T)ivicinn
6. Music (including any scheduled live performances), shall be kept at noise levels so
as to not be clearly audible beyond 100 feet of the boundaries of the subject
property, unless authorized by the Planning Division.
7. The use of loud speakers to make announcements to customers is prohibited.
8. The number of outdoor seats shall not exceed the permitted occupancy.
32-45.26 General Requirements
a. Grading within the Downtown Business District is subject to the approval of the Chief
of Planning and the Chief Building Official and is allowed by permit only if a
Development Plan has first been approved by the Town.
b. No excavation or grading shall be done except in connection with the construction of
an improvement. Upon completion thereof, exposed openings shall be backfilled and
disturbed ground shall be finished and graded. Where not built upon, all sites shall
be landscaped consistent with the intent of this chapter.
c. All access plans, necessary right-of-way dedications and improvements shall comply
with the requirements and approval of the City Engineer.
d. 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.
e. Before accepting a Development Plan application, the Chief of Planning or the
Heritage Resource Commission shall determine the historical significance of the site.
f. All businesses shall have conspicuously posted a copy of the Town -issued Certificate
of Occupancy.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
PAGE 33 OF ORDINANCE NO. 2017-07
32-45.27 Administrative Relief
a. Administrative relief from the provisions of the architectural and landscaping
development standards of this Division 3 may be granted by the Chief of Planning
provided that the following findings can be made:
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 subsection 32-45.47 applies to changes of a
requirement of lot area and width, building height and setbacks.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05)
Division 4
PARKING STANDARDS
32-45.30 General Requirements for On-site Parking
a. Applicability to Existing Land Uses. A land use existing in the Downtown Business
District as of November 21, 1988, or for which a building permit has been issued, is
not subject to the requirements of this chapter until there is a change of use/ business
or expansion of the structure, provided that on-site parking facilities now required or
serving such land uses are not reduced below these requirements in the future. A
project already approved as of November 21, 1988 shall comply with the original
conditions of approval until a new project is submitted and approved for the site.
Parking required by the original conditions of approval may be removed with
approval of the Planning Commission provided the owner demonstrates that removal
is consistent with the intent and purpose of this chapter.
b. Parking Computation Methodologies. Where the computation of required off-site
parking spaces results in a fractional number, the resulting computation will be
rounded to one-tenth (1/10) of a parking space. Where the computation of required
on-site parking spaces results in a fractional number, only the fraction of one-half
(1/2) or more shall be counted as one (1) parking space. When performing
computations, rounding shall not be performed until the final result is reached.
c. 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 a nearby or adjacent lot but the
PAGE 34 OF ORDINANCE NO. 2017-07
distance from the adjacent parking to the proposed facility shall not be greater than
one hundred fifty (150) feet. Such parking shall be specifically designated for the uses
to which it is assigned. The same parking spaces may not be counted toward the
required parking for more than one (1) use at a time.
The applicant shall provide evidence to the satisfaction of the Chief of Planning that
the joint -use parking agreement provides for a specified number of parking stalls, is
recorded to run with the property and is enforceable for a specified term.
d. Off -Site Parking Credit. "Off -Site Parking Credit" means that a portion of the required
parking spaces is provided on-site and/or a portion is provided in the municipal
parking lot where the same parking spaces are assigned to more than one (1) use at
one (1) time. The Off-site Parking Credit is required in Areas 1, 2, 2A, 3 and 11.
Because Areas 1, 2,2A, 3 and 11 are developed with high density retail and restaurant
uses and the availability of on-site parking is limited, a parking reduction of 20
percent will apply when it is determined that the off-site parking credit will be used.
This parking reduction will only be allowed when a minimum of twenty-five percent
(25%) of the required parking is purchased in the off-site public lot.
e. In Lieu Fees. Those properties and uses required to provide parking in off-site
municipal parking lots pursuant to Section 32-45.31 of this Code shall pay an in lieu
parking fee for each space required. The number of parking spaces used to calculate
the required in lieu payment shall be based on the applicable standards of this Code.
The amount of the in lieu parking fee per space shall be as set forth by resolution of
the Town Council, in effect at the time the applicant 1) completes an application for a
building permit or 2) initiates the land use activity that creates the demand for
additional municipal parking, whichever comes first. In calculating the in lieu parking
fee, if a credit to the property owner for Assessment District 73/74 (i.e., the
Clocktower Municipal Parking Lot) is applicable, the credit shall not exceed the
amount owed to the Town by way of the new project. Any in lieu parking fees due to
the Town shall be paid at issuance of a building permit or exercise of a land use
entitlement creating the demand for additional parking, whichever occurs first.
(Ord. 2009-02, § 2)
f. 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 property
owner must record a deed restriction.
g. Compact Parking. Up to thirty percent (30%) of the required parking may be provided
in compact stalls. The compact stall dimension shall measure a minimum of eight (8)
feet by sixteen (16) feet.
PAGE 35 OF ORDINANCE NO. 2017-07
h. Historic Preservation Parking Relief. A reduction in the total number of parking spaces
required under this chapter for a property designated a Heritage Resource shall be
permitted according to the determination made by the Town, as provided by Town
approval of historic preservation incentives for the Heritage Resource pursuant to
subsection 32-72.t of the Municipal Code. v
i. 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
narti�inatinn in that district by one (1) of the fn11nwino'
1. If the parcel is within the one hundred percent (100%) area of benefit (i.e., is a
property with a shared boundary with the Clocktower equivalent to the parking
demand that would be created with 100% floor area ratio coverage, after
observance of the requisite minimum front yard setback for retail.
2. If the parcel is located outside of the one hundred percent (100%) area of benefit
(i.e., is not a property with a shared boundary with the Clocktower 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.
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.
k. Unless otherwise approved, parking areas may not be used for merchandise sales,
storage, repair work, dismantling or servicing of any kind.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.31 Old Town Parking Area
The special parking requirements of this chapter apply in Area 1, Area 2, Area 2A, Area
3, and Area 11 of the Downtown Business District.
a. Applicability. Existing on-site parking shall be allowed until one of the following
occurs, at which time the property owner shall comply with the requirements of
subsection b. below.
PAGE 36 OF ORDINANCE NO. 2017-07
1. The property in question is completely redeveloped with new structures and new
uses/ businesses; or
2. A change of use/business is proposed which will intensify the parking demand;
or
3. Where an addition to an existing structure is proposed and the added square
footage is both less than 50% of the existing square footage of the structure and all
building additions since November 21, 1988 are cumulatively less than 50% of the
original building size, the new square footage added must comply with the new
narkincr .ctanrlards-
Where the addition to an existing structure is proposed and the added square
footage is greater than fifty percent (50%) of the existing square footage of the
structure or the added square footage takes the structure cumulatively, since
November 21, 1988, beyond 50% of the original building size, the entire square
footage of the building, both existing and new, shall meet the parking
requirements of this chapter.
b. Parking District Designations and Requirements.
1. Parking District A. The boundaries of Parking District A are contiguous with the
boundaries of Area 1 (Old Town Retail). Proposed development within Parking
District A shall conform to the following standards and those standards in
subsection 32-45.32 and 32=45.34.
(a) A minimum of fifty percent (50%) of the required parking shall be provided
off-site in municipal parking lots.
(b) On-site parking may be provided underground and/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 from applicable street
frontages to substantially screen and buffer the parking through the use of
berming, walls and/or landscaping that screen parked vehicles.
(c) Curb cuts shall be combined and minimized.
2. Parking District B. The boundaries of Parking District B are contiguous with the
boundaries of Area 2 (Old Town Retail Transition), Area 2A (Old Town Retail) and
Area 3 (Old Town Mixed Use). Proposed development within Parking District B
shall conform to the following standards and those standards in subsections 32-
45.32 and 32-45.34.
(a) Up to twenty-five percent (25%) of the required parking shall be provided off-
site in municipal parking lots.
(b) Surface on-site parking is allowed.
3. Parking District C. The boundaries of Parking District C are contiguous with the
boundaries of Area 11 (Special Opportunity District) as designated on Figure 6 of
PAGE 37 OF ORDINANCE NO. 2017-07
the 2030 General Plan. Proposed development within Parking District C shall
conform to the following standards and those standards in subsections 32-45.32
and 32-45.34.
(a) A minimum of fifty percent (50%) of the required parking shall be provided
on-site.
(b) Surface on-site parking is allowed.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.32 Design and Layout
a. Dimensions of the required on-site parking spaces and driveways shall have the
following dimensions:
Parking Angle (Degrees)
Stall Width
Curb Length
Stall Depth
Driveway Width
0
81011
(97'0"
2210"
81011
1210"
30
18'0"
107'4"
1110"
45
910"
1219"
19'10"
1310"
60
910"
1015"
2110"
1810"
90
910"
910"
1910"
2410"
b. All on-site parking facilities shall be designated with appropriate maneuvering areas
and means of vehicular access to the main and auxiliary streets. If the parking area
does not abut a street, there shall be an access driveway not less than twelve (12) feet
in width for one-way traffic and not less than twenty (20) feet for two-way traffic
leading to the parking area in such a manner as to secure the most appropriate
development of the property in question.
c. Pavement markings shall indicate the direction of traffic flow, stall width and length
and any other directional signage and marking required.
d Exterior wall -mounted lighting and lighting from parking lot light standards shall be
at the minimum light intensity necessary to provide adequate lighting for safety and
security purposes. Project light fixtures shall be of a design that generally screens the
view of the light source and provides down -directed lighting. -
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.
PAGE 38 OF ORDINANCE NO. 2017-07
Parking stall depth may be decreased two (2) feet in length when a bumper overhang
is used. Where a parking stall overhang is utilized, appropriate to the depth and/or
configuration of the affected landscape area shall be made to provide for a functional
landscape area.
g. A minimum of six (6) foot high solid fence or masonry wall of a design acceptable to
the Chief of Planning shall be provided along the edge of any public parking area
adjacent to residentially zoned property.
h. A harrier r11rh nr wheel stop at lPa.t fnllr (4) inrhPs in height .hall hP prnvidt-d
adjacent to landscaping, near buildings or other non -parking areas.
i. Required on-site parking areas shall be surfaced with an asphaltic or Portland cement
pavement or similar material so as to provide a durable and dustless surface. Areas
shall be graded and drained to prevent the ponding of water.
If a driveway provides access to a parking area with a garage or carport having access
from either or both sides, the driveway shall be a minimum of twenty-four (24) feet in
width. The garage and carport spaces shall be at an angle of sixty (60) degrees or
greater and shall be set back a minimum of four (4) feet on one (1) side only, thus
providing a twenty-eight (28) foot separation between structures or obstructions to
facilitate vehicular turning movements.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.33 Maintenance and Operation
All required parking facilities shall be provided and maintained so long as the structure
exists which the parking areas were designed to serve. On-site parking facilities may not
be reduced in area, except when the reduction conforms to this chapter.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.34 Parking Requirements
Where an off-street parking requirement is stated as a ratio of parking spaces to floor
area, the floor area shall be construed to mean the gross floor area and shall include,
above and beyond the area of the business operation(s), all common or shared
conditioned space, including, but not limited to, hallways, lobby areas, break rooms, and
restrooms. Gross floor area shall also include the ground floor area devoted to elevators,
elevator mechanical rooms and for interior stairwells.
Parking spaces shall be provided for each land use as follows:
PAGE 39 OF ORDINANCE NO. 2017-07
a. 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;
b. Bars, nightclub, lounge: One (1) space per one hundred (100) gross square feet;
c. Blended Use: For a blended use in which at least 75 percent of the use is retail, the
parking demand for the entire tenant space shall be calculated as a retail use. For any
nth Pr blended usp nr where a tenant .nnc t- i.S nc ciiniPci h17 twn (2) or more 11ses which
fall into different use classifications, the calculated parking demand shall be the sum
of the various individual uses, computed separately;
d. Bouding Alleys: Five (5) spaces for each alley, plus one (1) space for each two (2)
concurrently present employees;
e. Churches: One (1) space per three (3) seats: (eighteen (18) linear inches of bench is
considered one (1) fixed seat);
f. Hospitals: One (1) space for each two (2) beds;
g. Hotels and Motels: One (1) space per sleeping unit;
h. Medical and Dental Offices: One (1)) space per examining room, dental chair or similar
use area or five (5) spaces per concurrently present medical professional, whichever
is greater;
i. Mortuaries: One (1) space per fifty (50) square feet of gross floor areas in the chapel
areas;
Multi family Residential: Each apartment and dwelling unit shall have on-site
automobile parking space on the same lot or parcel as follows:
1. Studio dwelling unit: one (1) space;
2. One (1) bedroom dwelling unit: one and one-half (1-1/2) spaces;
3. Two (2) or more bedroom units: two (2) spaces, plus one-quarter (1/4) space per
each dwelling unit for guest parking, which may include available curb parking
along the property's street frontage;
4. Spaces shall not be located within the side yard or setback areas of the principal
structure;
5. In no event may there be less than one (1) covered space per dwelling unit;
k. Nursing Homes, Sanitariums, Convalescent Homes, Rest Homes: One (1) space for each
three (3) beds;
PAGE 40 OF ORDINANCE NO. 2017-07
1. Office, Service and Business and Professional, other than Medical and Dental Offices: One
(1) space per two hundred twenty-five (225) square feet of gross floor area;
in. Outdoor seating: may be provided according_ to the following_ formula based on an
approved interior plan:
1. Up to twenty-five percent (25%) of square footage of the gross interior floor area
of the restaurant or tasting room use (including kitchen, storage, and similar non-
public areas): no additional spaces;
2. Twentv-six (26%) or more percent of the square footage of the gross interior floor
✓ � i i 1 v v
area of the restaurant or tasting room use (including kitchen, storage, and similar
non-public areas): parking requirements same as interior food or beverage use;
n. Personal Service: Two (2) spaces per station;
o. Restaurants:
1. Food to go restaurants: One (1) space per two hundred fifty (250) square feet;
2. Full service restaurants: One (1) space per one hundred (100) gross square feet;
3. Limited service restaurant: One (1) space per two -hundred (200) square feet;
p. Retail Stores, except as otherwise specified here: One (1) space per two hundred fifty
(250) square feet of gross floor area;
q. Retail Stores Which Handle Only Bulky Merchandise, such as Furniture, Household
Appliances and Automobiles: One space per five hundred (500) square feet of gross floor
area;
r. Rooming and Lodging Houses: One (1) space per each bedroom;
s. Service Commercial, except as otherwise specified here: One (1) space per two hundred
fifty (250) square feet of gross floor area;
t. Service Commercial, Repair Shops, Wholesale Establishments and Retail and Wholesale
Establishments where business is conducted primarily outside of buildings: One (1)
space per five hundred (500) square feet of gross floor area;
u. Tasting room: One (1) space per one hundred (100) gross square feet;
v. Warehouses and Other Storage Buildings: One (1) space per one thousand (1,000) square
feet of gross floor area.
(Ord. 2005-07, §2; Ord. 2013-05)
PAGE 41 OF ORDINANCE NO. 2017-07
32-45.35 Administrative Relief and Parking Reductions
Administrative relief from the terms of this Division may be granted by the Chief of
Planning upon application and approval of an Administrative Permit if strict application
of the requirements of this Division are found to be inappropriate and measures
approved by the Chief of Planning are incorporated into the project which preserve the
intent of this Division.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.36 Emergency Shelters
a. Purpose. The following provisions, in conformance with state law, establish standards
for the Town review of emergency shelters. For the purposes of this subsection, an
emergency shelter shall be considered to have the same meaning as defined in Section
50801 of the California State Health and Safety Code and does not refer to emergency
shelters set up for disaster relief. The following requirements are to implement the
programs in the Danville Housing Element, to ensure compliance with Section 65583
of the Government Code, and to meet the emergency shelter needs of the community.
b. Applicability. Emergency shelters shall be permitted in accordance with the land use
regulations of the DBD Area 3 - Old Town Mixed Use district and shall comply with
the following standards:
1. Property development standards. The shelter shall conform to all property
development standards of the zoning district.
2. Location. No emergency shelter shall be located within three hundred (300) feet of
another emergency shelter.
3. Transit accessibility. Unless the emergency shelter facility is located within one-half
mile of an existing bus route station, ongoing alternate means of transportation
shall be provided by the facility operators, such as provision of a shuttle bus
service to and from the bus route station.
4. Management. The shelter shall have twenty-four (24) -hour, professional on-site
management.
5. Security. The shelter shall have on-site security and/or security cameras.
6. Lighting. The shelter shall have adequate outdoor lighting for security purposes.
7. Length of stay. The shelter shall be available to residents for thirty (30) days.
Extensions up to a total of one hundred eighty (180) days may be provided by the
on-site manager if no alternative housing is available.
8. Maximum number of persons/beds. The shelter shall contain a maximum number of
twelve (12) beds and shall serve no more than twelve (12) clients.
9. Waiting and intake areas. The shelter shall have a private area to receive clients.
10. On-site parking. The shelter shall provide for thirty -five -hundredths (0.35) parking
space per individual bed plus one (1) additional space per employee.
PAGE 42 OF ORDINANCE NO. 2017-07
11. Common facilities. The shelter may provide one (1) or more of the following specific
facilities for the exclusive use of the residents and staff:
(a) Central cooking and dining room.
(b) Recreation room.
(c) Counseling center.
(d) Child-care facility.
(e) Laundry facility.
(f) Other support services.
(Ord. 201.3-05)
32-45.37-32-45.39 Reserved
Division 5
DEVELOPMENT PLAN REVIEW PROCEDURES
32-45.40 Development Plan Requirement
All land within the Downtown Business District is designated a P-1 Planned Unit District
and may be used as allowed and regulated in this chapter. No development is permitted
in the Downtown Business District unless a Development Plan has been approved by the
Chief of Planning or the Planning Commission.
When a development plan application involves a single property owner with parcels
located in more than one (1) land use area and/or parking district, the Planning
Commission, at its discretion, may combine the requirements of the land use areas
and/or parking districts in the interest of creating a cohesive, integrated project.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.41 Application
A request for development plan approval shall be signed by the property owner and by
the owner of any option to purchase the property or portion thereof. Except as waived in
writing by the Chief of Planning, the application shall consist of ten (10) copies of each of
the following:
a. A site plan, drawn to scale, indicating:
1. Proposed use(s) of all land;
2. Existing natural land features, trees and topography;
3. Circulation plan for all vehicular and pedestrian ways including parking areas;
4. Location and dimensions of the property and all existing structures;
PAGE 43 OF ORDINANCE NO. 2017-07
5. Preliminary grading for the development; and
6. Project phasing plan if more than one (1) phase is proposed.
b. A recent preliminary title report.
A preliminary utility plan including provisions for storm drainage, sewage disposal
and public utilities.
d. Preliminary architectural plans including floor plans and all elevations.
e. Preliminary landscape plan.
f. Additional drawings or information as may be required by the Chief of Planning.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.42 Approval Procedure
A development plan application shall be submitted to the Planning Commission and/or
the Chief of Planning, as the case may be, for approval. The Chief of Planning or Planning
Commission's decision may be appealed within ten (10) calendar days or it becomes final.
(Ord. 2005-07, §2; Ord. 2013-05)
32-45.43 Findings
When approving and adopting the development plan application, the Chief of Planning
and/or Planning Commission, as the case may be, shall be satisfied regarding all of the
following:
a. The applicant intends to obtain permits for construction within eighteen (18) months
from the effective date of plan approval;
b. The proposed development plan is consistent with the General Plan;
In the case of residential development, the proposed development will constitute a
residential environment of sustained desirability and stability, and will be in harmony
with the character of the surrounding neighborhood and community;
d. In the case of commercial and office development, the proposed development is
needed at the proposed location to provide adequate facilities of the type proposed,
and that traffic congestion will not likely be created by the proposed center or will be
obviated by:
PAGE 44 OF ORDINANCE NO. 2017-07
1. Presently projected improvements;
2. Proper entrances and exits;
3. Internal provisions for traffic and parking; and
4. That the development will be an attractive and efficient center which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development.
(Ord. 2005-07, §2; Ord. 2013-05)
'12-4.ri_44 TPrminatinn
a. Procedure. Development Plan or Land Use Permit approval expires thirty-six (36)
months after the Chief of Planning or the Planning Commission's approval for new
development or an addition to an existing structure, as the case may be, if a building
permit has not been issued and construction commenced. Development Plan or Land
Use Permit approval expires thirty (30) months after the Chief of Planning or the
Planning Commission's approval, as the case may be, for new businesses, established
in existing structures if a building permit has not been issued, construction
commenced and/or the business established.
(Ord. 2009-02, § 2; Ord. 2013-05)
b. Time Limit Exception. The time limitation in this chapter applies only to the first phase
of a phased development plan; it does not apply after approval and implementation
of the first phase.
c. Extensions. Upon a showing of good cause, the Chief of Planning or the Planning
Commission, as the case may be, may grant not more than two (2) extensions of the
time limitations in subsection a. above, each for no more than one (1) year.
(Ord. 2005-07, §2)
32-45.45 Plan Changes or Amendments.
A change in the approved Development Plan and its conditions of approval may be
approved by the Planning Commission. Minor changes may be approved by the Chief of
Planning.
(Ord. 2005-07, §2; Ord. 2013-05)
PAGE 45 OF ORDINANCE NO. 2017-07
32-45.46 Conditional Use Permit
Application. Any application for Development Plan approval may be accompanied by an
application for a Land Use Permit as required by Divisions 2, 3 and 4 of this chapter. A
separate application for a Land Use Permit may be submitted for review and approval
by the Chief of Planning consistent with the intent of this chapter, and may, at the
discretion of the Chief of Planning, be referred to the Planning Commission for
disposition.
(Orel . 2005-07; 62; Ord, 2013-05)
32-45.47 Variance
a. Granting Procedure. A variance to modify a requirement of this chapter maybe granted
in accordance with the procedures and standards of the Danville Ordinance Code,
subsection 32-4 and Government Code Section 65906.
b. Special Uses. Land Use Permits for special uses as deemed appropriate by the Chief of
Planning and/or Planning Commission and Variance Permits to modify the
provisions contained in Divisions 2, 3, 4, and 5 of this chapter may be granted after
application in accordance with Section 32-4 of the Town of Danville Municipal Code.
(Ord. 2005-07, 62; Ord. 2013-05)
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in the 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.
SECTION 5. 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 were declared invalid.
PAGE 46 OF ORDINANCE NO. 2017-07
The foregoing ordinance was introduced on October 3, 2017 and approved and adopted
by the Danville Town Council at a regular meeting held on October 17, 2017 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Arnerich, Blackwell, Morgan, Stepper, Storer
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
CLERKS CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2017-07 of said Town and that said ordinance
was published according to the law.
Dated:
1 own of Uanvllie
PAGE 47 OF ORDINANCE NO. 2017-07