HomeMy WebLinkAbout020723-06.5 ADMINISTRATIVE STAFF REPORT 6.5
TO: Mayor and Town Council February 7, 2023
SUBJECT: Second reading and adoption of Ordinance No. 2023-01, adding Sections
32-45.21.2, 32-45.28, 32-45.29 and 32-45.48 to the Danville Municipal Code
to add a New Area 13 to the Downtown Business District allowing
Multifamily Residential-High Special Development and Establishing
Development Standards and Submittal Requirements for Such Projects and
Amending Sections 32-45.1, 32-45.3.D and 32-45.10 to Make Conforming
Changes to the Downtown Business District; Ordinance No. 2023-02,
amending Section 32-20.3 of the Danville Municipal Code to add an M-35
Zoning District and adding a New Section 32-29 to the Danville Municipal
Code Establishing Standards and Processing Requirements for the M-35
Multifamily Residential District; and, Ordinance No. 2023-03, approving
the Rezoning of Designated Parcels to Downtown Business District Area 13
and to M-35 Multifamily Residential consistent with the Housing Element
of the Danville 2030 General Plan
DESCRIPTION
On January 17, 2023 the Town Council held a public hearing and subsequently reviewed
and introduced Ordinance Nos. 2023-01, 2023-02 and 2023-03. Ordinance No. 2023-01
would approve amendments to the Town’s Downtown Business District creating a new
Downtown Business District Area 13 and establishing land use and development
standards. Ordinance No. 2023-02 would approve amendments to the Town’s
Multifamily Residential Ordinance to add a new M-35 zoning district and establishing
land use and development standards. Ordinance No. 2023-03 would rezone all of the
properties from various land use designations to Downtown Business District 13 to the
corresponding Downtown Business District Area 13 zoning district and would rezone all
properties redesignated from various land use designations to Residential – Multifamily
–High Density Special land use designation to the M-35; Residential – Multifamily – High
Density Special zoning district.
These Ordinances are now returning to the Town Council for a second reading and
adoption.
PUBLIC NOTIFICATION
Posting of the meeting agenda serves as notice to the general public.
Housing Element Implementation 2 February 7, 2023
RECOMMENDATION
Approve second reading and adoption of Ordinance No. 2023-01, adding Sections 32-
45.21.2, 32-45.28, 32-45.29 and 32-45.48 to the Danville Municipal Code to add a New Area
13 to the Downtown Business District allowing Multifamily Residential-High Special
Development and Establishing Development Standards and Submittal Requirements for
Such Projects and Amending Sections 32-45.1, 32-45.3.D and 32-45.10 to Make
Conforming Changes to the Downtown Business District; Ordinance No. 2023-02,
amending Section 32-20.3 of the Danville Municipal Code to add an M-35 Zoning District
and adding a New Section 32-29 to the Danville Municipal Code Establishing Standards
and Processing Requirements for the M-35 Multifamily Residential District; and,
Ordinance No. 2023-03, approving the Rezoning of Designated Parcels to Downtown
Business District Area 13 and to M-35 Multifamily Residential consistent with the
Housing Element of the Danville 2030 General Plan.
Prepared by:
David Crompton
Principal Planner
Approved by:
Tai J. Williams
Assistant Town Manager
Attachments: A: Ordinance No. 2023-01
B: Ordinance No. 2023-02
C: Ordinance No. 2023-03
ORDINANCE NO. 2023-01
ADDING SECTIONS 32-45.21.2, 32-45.28, 32-45.29 AND 32-45.48 TO THE
DANVILLE MUNICIPAL CODE TO ADD A NEW AREA 13 TO THE DOWNTOWN
BUSINESS DISTRICT ALLOWING MULTIFAMILY RESIDENTIAL-HIGH
SPECIAL AND ESTABLISHING DEVELOPMENT STANDARDS AND
SUBMITTAL REQUIREMENTS FOR SUCH PROJECTS AND AMENDING
SECTIONS 32-45.1, 32-45.3.d AND 32-45.10 TO MAKE CONFORMING CHANGES
TO THE DOWNTOWN BUSINESS DISTRICT
The Danville Town Council does ordain as follows:
SECTION 1. ADDING A NEW SECTION 32-45.21.2 TO THE DANVILLE
MUNICIPAL CODE.
A new Section 32-45.21.2 is hereby added to the Danville Municipal Code to read as
follows:
32-45.21.2 Area 13: Multifamily Residential-High Special
a.Purpose. To permit the use of properties for multifamily residential use consistent with
the adopted Multifamily Residential – High Density Special (30 to 35 units per gross acre)
land use designation. Consistent with language contained in these policy documents, the
required minimum development density in DBD Area 13 shall be 30 dwelling units per
gross acre and the allowable maximum development density (absent density bonus
provisions being invoked) shall be 35 dwelling units per gross acre. Additionally, as
directed by policy language contained in the Downtown Danville Special Concern Area
text of the General Plan, new development shall be compatible in scale with existing
development in Danville with buildings that respect the Town’s architectural heritage
and character, and which have been reviewed through Danville’s design review process
to achieve the desired form of development and extending the pedestrian-oriented
qualities that make Downtown a desirable destination.
b.Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the
Danville Municipal Code.
1.Developments which abut commercial corridors, including Hartz Avenue,
Railroad Avenue, San Ramon Valley Blvd., Front Street, Linda Mesa Avenue, and
Rose Street, shall include ground floor commercial space to be between eight and
ten percent of the net floor space of the first two stories of the building. The
commercial space shall be oriented toward the commercial corridors.
2.Commercial uses shall be consistent with the permitted and conditional uses
specified under Section 32-45.21, except residential use is an allowed use on all
floors.
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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 13:
1.Short term rentals.
e.Development Requirements.
1.Floor Area Ratio (FAR). The maximum allowable net floor area ratio shall not
exceed eighty percent (80%) of the net land area available for development, as
determined by a planning entitlement deemed complete for processing.
2.Story Height and Building Height. The maximum allowable story height is three (3)
stories. Where three story building massing is proposed as part of a new project,
each individual building grouping with a three story building massing shall have
a minimum of 7.5% of the building footprint expressed as two or two and one half
building stories (2 or 2½) with such reduced building massing placed roughly
proportionately across the elevations abutting the public street. For the applicable
portions of a building grouping not set at a two or two and one half story building
massing, the remainder of the building grouping shall use a mix of 33’, 35’ and 37’
building heights while averaging a 35’ building height for the affected portion of
the building – or as otherwise authorized through the design review process. The
maximum building heights utilized shall have their building height determined
by the building height measurement methodology cited above in Section 32-45.10
Land Use Areas - Building Height. The maximum height for an accessory structure
is fifteen (15) feet.
3.Parking. Reduction from the applicable DBD numerical parking requirements set
forth in subsection 32-45.34.j may be considered on a project-by-project basis
where housing to be developed is provided for seniors, where it is determined that
a reduced dependency on personal vehicles can reasonably be anticipated, where
a default parking standard is applicable due to state housing law regulations,
and/or where alternate parking standards are applicable because the project has
invoked density bonus provisions.
4.Building Setbacks.
a.Frontyard: Average of ten (10) feet from the public right-of-way, including
corner lots.
b.Sideyard and rearyard building setbacks shall be as established through a site-
specific development plan approval. Future development abutting the I-680
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freeway shall be set back to the extent necessary to mitigate potential impacts
associated with freeway noise, vibration, and/or air quality. Where
development will occur beside a creek (e.g., along San Ramon Creek),
development 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 as appropriate, for
flood control maintenance purposes, or as may be required by resource
agencies.
SECTION 2. ADDING A NEW SECTION 32-45.28 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-45.28 is hereby added to the Danville Municipal Code to read as
follows:
32-45.28 DBD Area 11, 12 and 13 Special Supplemental Design Standards
To achieve design and aesthetic quality relative to the remainder of the DBD, new
multifamily residential projects in DBD Area 11, 12 and 13 shall address through the
submittal material supplied for their respective development plan requests the following
Special Supplemental Design Standards, the following design objectives made for any
proposed multifamily use of the property:
a.Building bulk, height, land coverage, visual appearance from adjacent land, and
design compatibility with existing adjoining development and land which will
remain, shall be considered and controlled.
b.The development shall reflect a design that integrates individual buildings and
building groups with the surrounding development and other physical features in
the area.
c.The design of structures shall provide for harmonious composition of mass, scale,
color, and textures, with special emphasis on the transition from one building type
to another, termination of groups of structures, relationships to streets,
exploitation of views, and integration of spaces and building forms with the
topography of the site and the character of the area.
d.Provisions shall be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate treatment of
any public areas or lobbies.
f.Off-street parking and loading areas shall be integrated into the overall vehicular
circulation system.
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SECTION 3. ADDING A NEW SECTION 32-45.29 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-45.29 is hereby added to the Danville Municipal Code to read as
follows:
32-45.29 Required Special Studies for DBD Area 11, 12 or 13 Projects
As part of the required submittal material provided for a final development plan for
proposed development or redevelopment of any DBD Area 11, 12 or 13 properties, the
developer shall supply the following special studies to document compliance with the
Danville 2030 General Plan (General Plan):
a. As part of the application submittal material provided for a final development
plan for any DBD Area 11, 12 or 13 property, to assure the project will comply with the
intent and requirements of Policy 14.02 of the General Plan, the developer shall be
responsible for the preparation of detailed calculations of the project’s proposed floor
area ratio, net conditioned space, floor area ratio (FAR), and net land area available for
development. The information shall be submitted for Town review and comment and
shall be the basis of the determination of project compliance with applicable DBD
development standards.
b. As part of the application submittal material provided for a final development
plan for any DBD Area 11, 12 or 13 properties, to assure the project will comply with the
intent and requirement of Policy 14.02 of the General Plan, the developer shall be
responsible for the preparation of a traffic impact analysis consistent with Contra Costa
Transportation Authority’s Technical Procedures and Town policies. The traffic impact
analysis shall, at a minimum, provide:
i. An analysis of the site plan, internal roadway circulation, design and
location of the project ingress and egress driveway and their
connections to public roadways and their connection relative to existing
proximate driveways.
ii. An assessment of traffic impacts generated by the project on the nearby
roadways and at key intersections identified by the Town. This shall
include documentation of project trip generation, distribution, and
assignment. This traffic impact assessment shall be conducted for
existing; existing plus project; and forecasted 2040 scenarios. Roadway
improvements and mitigation measures necessary for mitigating the
impact of the project on the Town-identified intersections shall be
identified. Mitigation measures identified shall include the construction
of project intersection improvements at the public street, potential
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signalization of the project driveway intersection, or roadway widening
or right-of-way dedication along the project site’s roadway frontage.
iii. An assessment of parking supply and demand to address the anticipated
adequacy of proposed on-site parking supply.
iv. An assessment of existing and proposed pedestrian and bicycle access
to and from the project site.
c. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirement of
Policy 21.06 of the General Plan, the developer shall be responsible for the preparation of
a tree report prepared by a certified arborist.
d. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirement of
Policy 21.10 of the General Plan, the developer shall be responsible for the preparation of
a biological assessment study. The assessment shall be conducted by a qualified
professional and shall determine the presence or absence of any sensitive resources which
could be affected by proposed development, shall provide an assessment of the potential
impacts, and shall define measures for protecting, as applicable, the resource and
surrounding buffer habitat, in compliance with state and federal laws.
e. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirement of
Policy 22.02 of the General Plan, the developer shall be responsible for the preparation of
a Stormwater Control Plan detailing how the project will comply with the requirements
of the Regional Water Quality Control Board (RWQCB) for the San Francisco Bay Region.
f. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirement of
Policy 24.07 of the General Plan, the developer shall be responsible for the preparation of
a preliminary soils and geologic report.
g. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirement of
Policies 27.02, 27.11, and 27.13 of the General Plan, the developer shall be responsible for
the preparation of an environmental noise study in support of the site planning and
design. The study shall include a noise evaluation of existing and future noise levels in
private outdoor living areas and an interior noise analysis of the proposed project. The
study shall also include an evaluation of the potential short-term construction noise
impacts upon adjacent land uses.
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h. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirement of
Policy 28.02 of the 2030 General Plan, the developer shall be responsible for the
preparation of a Phase I Environmental Site Assessment (ESA).
i. As part of the application submittal material provided for the final development
plan for the property, to assure the project complies with the intent and requirements of
Policies 33.04, 34.02, and 34.04 of the 2030 Plan and applicable Bay Area Air Quality
Management District guidelines in place at the time of project application, the developer
shall be responsible for the preparation of an air quality and greenhouse gases analysis
study. The study shall provide analysis of greenhouse gases (GHGs), criteria air
pollutants and precursors (CAPs), and local risk and hazard impacts at the proposed
multifamily residential development.
j. Based on the review for completeness of a final development plan application, the
Chief of Planning shall have the authority to waive required Special Studies where the
determination to not require one or more of the special studies is based on a factually
supportable determination the study or studies are not necessary for the development
review process because of the specific nature of the application and/or the development
site.
SECTION 4. ADDING A NEW SECTION 32-45.48 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-45.48 is hereby added to the Danville Municipal Code to read as
follows:
32-45.48 Special Submittal Requirements for DBD Area 9, 11, 12 and 13
Projects
Application materials to be supplied at the time of submittal of a development plan
application shall, in addition to the submittal requirements addressed in DBD Section 32-
45.41 Application and P-1; Planned Unit District Section 32-63.5(c) Rezoning - Rezoning and
Development Plan Application and subsection 32-63.6(a), shall detail the following:
a. The location, number and dimensional layout of any proposed tandem parking
spaces, mechanical stacked parking spaces, motorcycle parking spaces, bicycle
parking spaces, moving van and delivery parking spaces.
b. 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.
c. The location, minimum size, and average size of private storage spaces proposed
for the project.
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d. The proposed means to screen proposed above-ground transformers, meters, and
above grade portions of facilities for other utilities.
e.The location, design and construction materials proposed for project fencing and
retaining walls.
f.Project information detailing the proposed percent coverage of land by buildings
and structures (including coverage by above grade cantilevered areas).
g.The location and design of onsite project lighting, including building-mounted
lighting, parking and driveway lighting, walkway lighting, and landscape and
other accent lighting.
h.The location, design and construction materials proposed for project porches,
stoops, and similar design features.
i.The manner by which the project proposes to meet the requirements in Section 32-
73 Inclusionary Housing for Affordable Residential Housing of the Danville Municipal
Code.
j.Where the developer elects to invoke density bonus provisions to increase project
development density above the otherwise applicable net development density, the
developer shall provide written and graphic material to indicate the manner by
which the project proposes to meet the requirements in Section 32-74 Density Bonus
of the Danville Municipal Code and California’s Density Bonus Law (Government
Code Section 65915 et seq.).
SECTION 5. AMENDING SECTION 32-45.1 OF THE DANVILLE MUNICIPAL
CODE.
Section 32-45.1 of the Danville Municipal Code is hereby amended to read as follows:
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
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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 fourteen (14) land use areas which detail
specific land uses that may occur. These fourteen (14) land use areas are shown on the
zoning map in Figure 6 - Downtown Danville Land Use Districts of the 2030 General
Plan.
SECTION 6. AMENDING SECTION 32-45.3.d OF THE DANVILLE MUNICIPAL
CODE.
Section 32-45.3.d of the Danville Municipal Code is hereby amended to read as follows:
32-45.3. Applicability - Joint Study Session Review
d. Joint Study Session Review. Development plan applications for properties located within
Areas 11, 12 and 13 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.
SECTION 7. AMENDING SECTION 32-45.10 OF THE DANVILLE MUNICIPAL
CODE.
Section 32-45.10 of the Danville Municipal Code is hereby amended to read as follows:
32-45.10 Land Use Areas
These fourteen (14) 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 32-45.21.2. Upon the determination of the
Chief of Planning, the list of permitted and conditional uses in the fourteen (14) 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 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.
SECTION 8. CODIFICATION. Sections 1 through 7 of this ordinance shall be codified
in the Danville Municipal Code.
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SECTION 9. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 10. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on January 17, 2023 and approved and adopted
by the Danville Town Council on February 7, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
________________________________________________________________
CITY ATTORNEY CITY CLERK
CLERK'S 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. 2023-01 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ORDINANCE NO. 2023-02
AMENDING SECTION 32-20.3 OF THE DANVILLE MUNICIPAL CODE TO ADD
AN M-35 ZONING DISTRICT AND ADDING A NEW SECTION 32-29 TO THE
DANVILLE MUNICIPAL CODE ESTABLISHING STANDARDS AND
PROCESSING REQUIREMENTS FOR THE M-35 MULTIFAMILY RESIDENTIAL
DISTRICT
The Danville Town Council does ordain as follows:
SECTION 1. AMENDING SECTION 32-20.3 OF THE DANVILLE MUNICIPAL
CODE.
Section 32-20.3 of the Danville Municipal Code is hereby amended to add the following
zoning district to the table contained in the section:
M-35 Multifamily Residential District
SECTION 2. ADDING A NEW SECTION 32-29 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-29 is hereby added to the Danville Municipal Code to read as follows:
SECTION 32-29
M-35 MULTIFAMILY RESIDENTIAL DISTRICT
32-29.1 Purpose.
The purpose of the M-35 Multifamily Residential District is to:
a.Create development standards appropriate for the development of compact, high
density multifamily residential housing, including condominiums, apartments,
and senior housing combined with varying amounts of open space and
landscaping.
b.Create land use and development standards, as well as submittal requirements for
land with the Town’s Residential – Multifamily – High Density Special (30-35 units
per gross acre) General Plan Land Use Designation.
c.Create development standards that encourage the provision of central recreational
and open space amenities as an integral part of higher density projects.
d.Create development standards that facilitate and encourage the development of
affordable rental housing within these areas, while also permitting market-rate
multifamily housing.
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e.Further policies of the Danville 2030 General Plan by requiring observance of a
minimum development density and strongly discouraging the conversion of these
areas to residential land uses with lower development densities or to non-
residential land uses.
f.Assure that future development complements Danville's existing small town
character and established quality of life.
g.Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
h.Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other
adverse environmental effects.
32-29.2 Definitions.
Words and phrases as used in this section shall be as defined under Section 32-22.2.
32-29.3 Allowed Uses.
Uses permitted in the M-35 District shall be as follows:
a.Multifamily buildings, but not including motels or hotels;
b.Horticulture;
c.Raising or keeping of domestic animals, with a limit of three (3) dogs and/or three
(3) cats over the age of four (4) months;
d. Publicly owned or privately owned parks and playgrounds;
e.Group Homes including Community Care Facilities and Residential Care
Facilities, consistent with state law;
f.Intermediate Care Facilities, consistent with state law;
g. Health Facilities, consistent with state law;
h.Transitional housing, consistent with state law;
i.Supportive housing, consistent with state law;
j.A cottage food operation, complying with Municipal Code Section 32-22.5.a;
k.Home occupations, complying with Municipal Code Section 32-22.5.b;
l. Personal property sales, complying with Municipal Code Section 32-22.5.c;
m.Accessory dwelling units consistent with Municipal Code Section 32-76
(Accessory Dwelling Unit Ordinance);
n.Residential greenhouses, under three hundred (300) square feet.
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32-29.4 Conditional Uses; Uses Requiring a Land Use Permit.
a.Wireless communications facilities, complying with Municipal Code Section 32-
70;
b.Uses which the Planning Commission has found, after notice and hearing, to be
comparable to the above uses.
32-29.5 Prohibited Uses.
a.Short term rentals.
32-29.6 Development Density.
a.Maximum Unit Density. The maximum residential density allowed in this district
is thirty-five (35) units per gross acre.
b.Minimum Unit Density. The minimum residential density allowed in this district is
thirty (30) dwelling units per net acre.
32-29.7 Minimum Lot Area, Width and Depth.
a.Area. No minimum lot area required.
b.Width. No minimum lot width is required.
c.Depth. No minimum lot depth is required.
32-29.8 Landscaping Buffer.
a.Where a development abuts an existing residential neighborhood, significant
landscape buffering shall be provided between the new development and the
existing neighborhoods.
32-29.9 Minimum Setback, and Maximum Height, Floor Area Ratio
(FAR) Requirements for a Multifamily Building.
a.Front yard. The minimum front yard setback shall be twenty-five (25) feet.
b.Side yard. The minimum side yard setback shall be twenty (20) feet.
c.Rear yard. The minimum rear yard setback shall be twenty (20) feet.
d.For development sites that abut a single family residential neighborhood, sideyard
and rearyard setbacks shall be a minimum of 50 feet to any second story building
elements.
e.FAR. The maximum allowable net floor area ratio (FAR) is eighty (80%) of the net
land area available for development, as determined by a planning entitlement
deemed complete for processing.
f.Story Height and Building Height. The maximum allowable story height is three (3)
stories. Where three story building massing is proposed as part of a new project,
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each individual building grouping with a three story building massing shall have
a minimum of 7.5% of the building footprint expressed as two or two and one half
building stories (2 or 2½) with such reduced building massing placed roughly
proportionately across the elevations abutting the public street. For the applicable
portions of a building grouping not set at a two or two and one half story building
massing, the remainder of the building grouping shall use a mix of 33’, 35’ and 37’
building heights while averaging a 35’ building height for the affected portion of
the building – or as otherwise authorized through the design review process. The
maximum building heights utilized shall have their building height determined
by the building height measurement methodology cited above in Section 32-45.10.
32-29.10 Accessory Structures.
Accessory structures shall have a maximum height of (15) fifteen feet.
32-29.11 Off-Street Parking.
a.Every multifamily dwelling unit shall have, on the same lot or parcel, off-street
automobile storage space as follows:
1.Studio dwelling unit, one (1) space; one bedroom dwelling unit, one and one-
half (1 ½ ) spaces; two (2) or more bedroom units, two (2) spaces; plus
2.One-quarter (1/4) space per each dwelling unit for guest parking, which may
include available curb parking along the subject property's street frontage,
and fractional amounts of which shall be rounded out to the next higher
whole number of spaces.
3.Each space shall have minimum dimensions of nine feet clear by nineteen (9'
x 19') feet surfaced area, and shall not be located within the side yard or
setback areas of the principal structure. One-half (½) of the required spaces
shall be covered.
32-29.12 Open Area.
Twenty-five percent (25%) of the area described by the development plan submitted
pursuant to subsection 32-24.12 shall not be occupied by buildings, structures, or
pavement. Seventy-five percent (75%) of the twenty-five percent (25%) open area shall be
planted and maintained with landscaping.
32-29.13 Submittal Requirements.
a.No development is lawful in the M-35 District until a Development Plan
application has been submitted to and approved by the Town.
b.All applications for development plan approval shall include drawings drawn to
scale indicating the following:
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1.Topography;
2.A boundary survey of the site;
3.All existing and proposed structures, the height of each structure, and the
number of dwelling units in each structure;
4.Planting and landscape area;
5.Automobile parking areas;
6.Vehicular and pedestrian ways with grades, widths, and type of proposed
improvements;
7.Access points providing ingress to and egress from the side;
8.Existing and proposed utilities;
9.Recreation facilities and outdoor use amenities;
10.Surface drainage conditions and outlets;
11.Building elevations including architectural type, including all drawing and
details listed within the Town's Design Review Board Submittal Requirement
Checklist;
12.Amount of studio, one (1) bedroom, two (2) bedroom, or other size units;
13.Additional information as may be required by the Planning Division.
c.Review. Development Plan applications proposing new multifamily dwelling units
shall be subject to review by the Danville Planning Commission during a noticed
public hearing.
32-29.14 Special Submittal Requirements.
Application materials to be supplied at the time of submittal of a development plan
application shall also include the following:
a.The location, number and dimensional layout of any proposed tandem parking
spaces, mechanical stacked parking spaces, motorcycle parking spaces, bicycle
parking spaces, moving van and delivery parking spaces.
b.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.
c.The location, minimum size, and average size of private storage spaces proposed
for the project.
d. The proposed means to screen proposed above-ground transformers, meters, and
above grade portions of facilities for other utilities.
e.The location, design and construction materials proposed for project fencing and
retaining walls.
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f.Project information detailing the proposed percent coverage of land by buildings
and structures (including coverage by above grade cantilevered areas).
g.The location and design of onsite project lighting, including building-mounted
lighting, parking and driveway lighting, walkway lighting, and landscape and
other accent lighting.
h.The location, design and construction materials proposed for project porches,
stoops, and similar design features.
i.The manner by which the project proposes to meet the requirements in Section 32-
73 Inclusionary Housing for Affordable Residential Housing of the Danville Municipal
Code.
j.Where the developer elects to invoke density bonus provisions to increase project
development density above the otherwise applicable net development density, the
developer shall provide written and graphic material to indicate the manner by
which the project proposes to meet the requirements in Section 32-74 Density Bonus
of the Danville Municipal Code and California’s Density Bonus Law (Government
Code Section 65915 et seq.).
32-29.15 Special Supplemental Design Standards.
To achieve design and aesthetic quality relative to existing and future projects on
surrounding areas, new multifamily residential projects shall address through the
submittal material supplied for their respective development plan requests the following
design objectives:
a.Building bulk, height, land coverage, visual appearance from adjacent land, and
design compatibility with existing adjoining development and land which will
remain, shall be considered and controlled.
b.The development shall reflect a design that integrates individual buildings and
building groups with the surrounding development and other physical features in
the area.
c.The design of structures shall provide for harmonious composition of mass, scale,
color, and textures, with special emphasis on the transition from one building type
to another, termination of groups of structures, relationships to streets,
exploitation of views, and integration of spaces and building forms with the
topography of the site and the character of the area.
32-29.16 Required Special Studies.
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As part of the required submittal material provided for a project, the developer shall
supply the following special studies to document compliance with the Danville 2030
General Plan (General Plan):
a.To assure the project will comply with the intent and requirements of Policy 14.02
of the General Plan, the developer shall be responsible for the preparation of
detailed calculations of the project’s proposed floor area ratio (FAR), gross land
area, net conditioned space, net FAR, and net land area available for development,
collectively as those terms are defined in the Municipal Code Section 32-45.2. The
information shall be submitted for Town review and comment and shall be the
basis of the determination of project compliance with applicable development
standards.
b.As part of the application submittal material provided to assure the project will
comply with the intent and requirement of Policy 14.02 of the General Plan, the
developer shall be responsible for the preparation of a traffic impact analysis. The
traffic impact analysis shall, at a minimum, provide:
i.An analysis of the site plan, internal roadway circulation, design and location
of the project ingress and egress driveway and their connections to public
roadways and their connection relative to existing proximate driveways.
ii.An assessment of traffic impacts generated by the project on the nearby
roadways and at key intersections identified by the Town. This shall include
documentation of project trip generation, distribution, and assignment. This
traffic impact assessment shall be conducted for existing; existing plus project;
and forecasted 2040 scenarios. Roadway improvements and mitigation
measures necessary for mitigating the impact of the project on the Town-
identified intersections shall be identified. Mitigation measures identified shall
include the construction of project intersection improvements at the public
street, potential signalization of the project driveway intersection, or roadway
widening or right-of-way dedication along the project site’s roadway
frontage.
iii.An assessment of parking supply and demand to address the anticipated
adequacy of proposed on-site parking supply. This assessment shall include a
review of comparable residential projects in the Danville area to determine
their parking-per-unit ratios and the observed adequacy of the onsite parking
supplied in those projects.
iv.An assessment of existing and proposed pedestrian and bicycle access to and
from the project site and recommendations for mitigation improvements, were
determined necessary by the traffic impact analysis.
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c.As part of the application submittal material provided to assure the project
complies with the intent and requirement of Policy 21.06 of the General Plan, the
developer shall be responsible for the preparation of a tree report prepared by a
certified arborist.
d.As part of the application submittal material provided for development
application to assure the project complies with the intent and requirement of
Policy 21.10 of the General Plan, the developer shall be responsible for the
preparation of a biological assessment study. The assessment shall be conducted
by a qualified professional and shall determine the presence or absence of any
sensitive resources which could be affected by proposed development, shall
provide an assessment of the potential impacts, and shall define measures for
protecting, as applicable, the resource and surrounding buffer habitat, in
compliance with state and federal laws.
e.As part of the application submittal material provided for a development
application, to assure the project complies with the intent and requirement of
Policy 22.02 of the General Plan, the developer shall be responsible for the
preparation of a Stormwater Control Plan detailing how the project will comply
with the requirements of the Regional Water Quality Control Board (RWQCB) for
the San Francisco Bay Region. The Stormwater Control Plan shall demonstrate
how the project complies with all applicable National Pollution Discharge
Elimination System (NPDES) permit requirements to minimize imperviousness,
retain or detain stormwater, slow runoff rates, incorporate required source
controls, treat stormwater prior to discharge from the site, control runoff rates and
durations if required, and provide for operation and maintenance of treatment and
flow control facilities. The Plan shall have sufficient detail to ensure the
stormwater design, site plan, and landscaping plan are congruent.
f.As part of the application submittal material provided for a development
application to assure the project complies with the intent and requirement of
Policy 24.07 of the General Plan, the developer shall be responsible for the
preparation of a preliminary soils and geologic report.
g.As part of the application submittal material provided for a development plan
application, to assure the project complies with the intent and requirement of
Policies 27.02, 27.11, and 27.13 of the General Plan, the developer shall be
responsible for the preparation of an environmental noise study in support of the
site planning and design efforts for any proposed multifamily development. The
study shall include a noise evaluation of existing and future noise levels in private
outdoor living areas and an interior noise analysis of the proposed project. The
study shall also include an evaluation of the potential short-term construction
noise impacts upon adjacent land uses.
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h.As part of the application submittal material provided for a development plan
application to assure the project complies with the intent and requirement of
Policy 28.02 of the 2030 Plan, the developer shall be responsible for the preparation
of a Phase I Environmental Site Assessment (ESA).
i.As part of the application submittal material provided for a development plan
application to assure the project complies with the intent and requirements of
Policies 33.04, 34.02, and 34.04 of the 2030 Plan and applicable Bay Area Air
Quality Management District guidelines in place at the time of project application,
the developer shall be responsible for the preparation of an air quality and
greenhouse gases analysis study. The study shall provide analysis of greenhouse
gases (GHGs), criteria air pollutants and precursors (CAPs), and local risk and
hazard impacts at the proposed multifamily residential development.
j.Based on the review for completeness of the development plan application, the
Chief of Planning shall have the authority to consider and approve any developer-
written requests for relief from the requirements above. Required Special Studies
where the determination to not require one or more of the special studies is based
on a factually supportable determination on whether the study or studies are not
necessary for the development review process because of the specific nature of the
application and/or the development site.
SECTION 3. CODIFICATION. Sections 1 and 2 of this ordinance shall be codified in
the Danville Municipal Code.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
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The foregoing Ordinance was introduced on January 17, 2023 and approved and adopted
by the Danville Town Council on February 7, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
________________________________________________________________
CITY ATTORNEY CITY CLERK
CLERK'S 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. 2023-02 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
DocuSign Envelope ID: 514EDA34-8EFA-4525-B844-24F7F2727ED9
ORDINANCE NO. 2023-03
APPROVING THE REZONING (RZ2022-0001) OF DESIGNATED PARCELS TO
DOWNTOWN BUSINESS DISTRICT AREA 13; MULTIFAMILY RESIDENTIAL
HIGH DENSITY SPECIAL DISTRICT AND TO M-35; RESIDENTIAL
MULTIFAMILY HIGH DENSITY SPECIAL DISTRICT CONSISTENT WITH THE
HOUSING ELEMENT OF THE DANVILLE 2030 GENERAL PLAN
The Danville Town Council does ordain as follows:
SECTION 1. REZONING TO DOWNTOWN BUSINESS DISTRICT AREA 13;
MULTIFAMILY RESIDENTIAL HIGH DENSITY SPECIAL DISTRICT.
The following parcels located within the existing Downtown Business zoning district are
hereby rezoned to Downtown Business District Area 13:
APN Address
199330067 111 Hartz Ave
199330035 115 Hartz
199330064 127 Hartz
199330055 Railroad Ave
199330056 70 Railroad Ave
199330058 145 Hartz
199330063 171 Hartz
199330065 179 Hartz
199330009 80 Railroad
199330010 195 Hartz
199330027 112 W. Linda Mesa
200190024 100 Hartz
200190023 110 Hartz
200190028 120 Hartz
200190018 130 Hartz
200190010 Hartz Ave
200190017 150 Hartz
200190021 180 Hartz
200200017 344 Rose
208010023 155 Diablo
216120028 307 Diablo Rd
216120029 Front St
216120042 315 Diablo Rd
216120043 319 Diablo Road
216120012 363 Diablo Road
216120015 Diablo Road
200211005 268 Rose St
200211007 199 E. Linda Mesa
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ATTACHMENT C
PAGE 2 OF ORDINANCE NO. 2023-03
200211016 254 Rose Ave
200211017 67 Front St
200211018 77 Front St
200211027 85 Front St
200211025 290 Rose Ave
208022036 185 Front Street
216101001 486 San Ramon Valley Blvd
216101002 480 San Ramon Valley Blvd
208043020 535 San Ramon Valley Blvd
208043021 San Ramon Valley Blvd
208043022 509 San Ramon Valley Blvd
208043024 515 San Ramon Valley Blvd
208043025 519 San Ramon Valley Blvd
216080074 620 San Ramon Valley Blvd
216090019 554 San Ramon Valley Blvd
216090023 588 San Ramon Valley Blvd
208044015 571 San Ramon Valley Blvd
208044017 551 San Ramon Valley Blvd
208044018 555 San Ramon Valley Blvd
208051009 577 San Ramon Valley Blvd
208051011 10 Town & Country
208051010 30 Town & Country
208060029 585 San Ramon Valley Blvd
208060055 609 San Ramon Valley Blvd
208060056 615 San Ramon Valley Blvd
208060057 607 San Ramon Valley Blvd
208060058 589 San Ramon Valley Blvd
208060059 San Ramon Valley Blvd
208060053 107 Town & Country
216080004 Boone Ct
216080072 200 Boone Ct
SECTION 2. REZONING TO M-35 MULTIFAMILY RESIDENTIAL.
The following parcels are hereby rezoned to M-35, Multifamily Residential:
APN Address
200131005 510 La Gonda Way
200052004 520 La Gonda Way
200152008 455 La Gonda Way
200040012 425 El Pintado
200020010 939 El Pintado
200140016 400 El Cerro Blvd
207012001 744 San Ramon Valley Blvd
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PAGE 3 OF ORDINANCE NO. 2023-03
207012007 760 San Ramon Valley Blvd
207012008 770 San Ramon Valley Blvd
207012009 780 San Ramon Valley Blvd
207012010 790 San Ramon Valley Blvd
196270029 828 Diablo Road
218040043 3420 Fostoria Way
216220008 699 Old Orchard Dr
SECTION 3. ZONING MAP AMENDED.
As required by Municipal Code Section 32-20.2.a, the Town’s zoning map shall be
amended to reflect the changes in zoning approved in Sections 1 and 2 of this Ordinance.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
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PAGE 4 OF ORDINANCE NO. 2023-03
The foregoing Ordinance was introduced on January 17, 2023 and approved and adopted
by the Danville Town Council on February 7, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
(See attachments for votes involving conflicts of interest)
_____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
________________________________________________________________
CITY ATTORNEY CITY CLERK
CLERK'S 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. 2023-03 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ATTACHMENT TO ORDINANCE NO. 2023-03
Inclusion of Sites R1, R2 and S in the list of sites being rezoned to Downtown Business
District Area 13; Multifamily Residential High Density Special District, was approved by
the Danville Town Council at a special meeting on January 17, 2023 by the following
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
DocuSign Envelope ID: 16F0878E-B8AA-4B94-BA13-3932488AE4C0
None
Fong, Morgan, Stepper, Storer
Arnerich
None
ATTACHMENT TO ORDINANCE NO. 2023-03
Inclusion of Site N in the list of sites being rezoned to Downtown Business District Area
13; Multifamily Residential High Density Special District was approved by the Danville
Town Council at a special meeting on January 17, 2023 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
DocuSign Envelope ID: EEDC96AF-B263-4716-B3AE-F014FDDC206A
Arnerich, Fong, Morgan, Stepper
None
None
Storer