HomeMy WebLinkAbout051623-08.3
ADMINISTRATIVE STAFF REPORT 8.3
TO: Mayor and Town Council May 16, 2023
SUBJECT: Ordinance No. 2023-08, approving Zoning Text Amendment ZTA23-0002
to amend the Town’s Accessory Dwelling Unit Ordinance as necessary to
comply with State law
BACKGROUND
Two separate State laws, AB-2221 and SB-897, went into effect on January 1, 2023, related
to Accessory Dwelling Units (ADUs). In Government Code Section 65852.150, the
California Legislature found and declared that, among other things, allowing ADUs in
zones that allow single-family and multifamily uses provides additional rental housing,
and is an essential component in addressing California’s housing needs. Over the years,
ADU law has been revised to create more housing units, reduce housing barriers,
streamline approval processes, and expand capacity to accommodate the development of
ADUs and Junior Accessory Dwelling Units (JADUs).
As of January 1, 2023, the effective date of these new laws, provisions of local
jurisdictions’ ADU Ordinances that conflict with State law became null and void. The
State law set minimum development standards for development of ADUs allowing
latitude to expand these development standards and customize ordinances to best fit
individual jurisdictions.
This Zoning Text Amendment was reviewed and recommended for Town Council
approval by the Planning Commission on April 25, 2023.
EVALUATION
Modifications to the Town’s existing ADU ordinance which are necessary to comply with
State law, and clarification of several existing standards, are as follows:
Design
State law allows local jurisdictions to include design standards that are objective. The
existing Ordinance includes a requirement for architecture that is compatible with the
primary residence. The proposed Ordinance provides stronger objective standards which
enforce compatible architectural and design standards.
ZTA23-0002 2 May 16, 2023
ADU Ordinance
Quantity
The Town’s current Ordinance allows for one ADU and one JADU. State law requires the
allowance of one ADU, one JADU, and an additional ADU which has been converted
from interior space.
Setbacks
The Town’s current Ordinance requires a secondary front yard setback (corner lots) of
either 15 or 20 feet in most zoning districts. State law requires the allowance of a
minimum four-foot setback to secondary front yard, side, and rear property lines for both
attached and detached ADUs. ADUs must meet primary front yard setbacks as required
under each residential zoning district. Setbacks are measured to the closest point of the
ADU, including eaves and other architectural projections.
Height
Single Family Zoning Districts
For attached ADUs in single family residential zoning districts, the Town’s current
ordinance allows a maximum high of 16 feet, or 35 feet if the ADU meets the setback
requirements for the primary residence. For detached ADUs, the Town currently allows
a maximum height of 16 feet, or up to 24 feet if the structure meets the minimum setbacks
applicable to the primary residence.
State law now requires the allowance of heights up to 25 feet for attached ADUs,
regardless of its setback. Detached ADUs in single family districts are required to be
allowed a height up to 16 feet with an allowance of an additional two feet if located within
a one-half mile distance of a major transit stop or high quality transit corridor and another
two feet (total maximum height of 20 feet) to accommodate roof pitch aligned with the
primary dwelling unit.
Multifamily Zoning Districts
For attached ADUs in a multifamily zoning district, the Town’s current ordinance allows
a maximum height of 16 feet, or the height allowed for the primary structure(s) if it meets
the setback requirements for the primary structure. For detached ADUs, the Town
currently allows a maximum height of 16 feet, or up to 24 feet if the structure meets the
minimum setbacks applicable to the primary residence.
For attached ADUs, State law now requires the allowance of up to 25 feet, regardless of
the setback. Detached ADUs are allowed a height up to 16 feet with an allowance of an
additional two feet if located within a one-half mile distance of a major transit stop or
ZTA23-0002 3 May 16, 2023
ADU Ordinance
high quality transit corridor. For detached ADUs in a multifamily zoning district on
properties with existing multiple story multifamily buildings, State law now requires the
allowance of a height up to 18 feet.
PUBLIC CONTACT
Public notice of the May 16, 2023, Danville Town Council meeting was placed in a local
newspaper and posting of the meeting agenda serves as notice to the general public.
RECOMMENDATION
Introduce and read by title only Ordinance No. 2023-08, approving Zoning Text
Amendment ZTA23-0002 to amend the Town’s Accessory Dwelling Unit Ordinance as
necessary to comply with State law and return for second reading on June 6, 2023.
Prepared by:
Riley Anderson-Barrett
Associate Planner
Reviewed by:
Diane J. Friedmann
Deputy Town Manager
Attachment: Draft ADU Ordinance
ORDINANCE NO. 2023-08
REPEALING EXISTING CHAPTER 32-76 OF THE DANVILLE MUNICIPAL CODE
AND ADDING A NEW CHAPTER 32-76 TO THE DANVILLE MUNICIPAL CODE
RELATED TO ACCESSORY DWELLING UNITS – ZTA23-0002
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 32-76 OF THE DANVILLE MUNICIPAL
CODE.
Chapter 32-76 of the Danville Municipal Code is hereby repealed.
SECTION 2. ADDING A NEW CHAPTER 32-76 TO THE DANVILLE MUNICIPAL
CODE.
A new Chapter 32-76 is hereby added to the Danville Municipal Code to read as
follows:
32-76 ACCESSORY DWELLING UNITS
32-76.1 Purpose
32-76.2 Definitions
32-76.3 Review Process
32-76.4 General Plan and Zoning Compliance
32-76.5 General Development and Design Standards
32-76.6 Development Standards for Attached Accessory Dwelling Units in Single Family
Residential Districts
32-76.7 Development Standards for Detached Accessory Dwelling Units in Single Family
Residential Districts
32-76.8 Development Standards for Attached Accessory Dwelling Units in Multifamily
Districts
32-76.9 Development Standards for Detached Accessory Dwelling Units in Multifamily
Districts
32-76.10 Junior Accessory Dwelling Units
32-76.11 Conversions 32-76.12 Owner Occupancy
32-76.13 Statewide Exemption Accessory Dwelling Units
32-76.14 Parking Requirements for Accessory Dwelling Units
32-76.15 Parking Requirements for Junior Accessory Dwelling Units
32-76.16 Short Term Rentals
32-76.17 Covenants, Conditions and Restrictions
32-76.18 Tree Preservation
32-76.19 Substandard Accessory Dwelling Units
32-76.20 Ownership
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32-76.1 Purpose
The purpose of this section is to increase opportunities for the development of smaller
dwelling units for individuals and families developed on certain lots which are zoned
for residential use; to provide affordable rental housing units for families and
individuals with limited income; to provide rental units for the elderly and disabled; to
protect property values and the integrity of the neighborhood by ensuring design and
development standards are compatible with the existing neighborhood; to comply with
requirements of State laws.
32-76.2 Definitions
a. Accessory Dwelling Unit is an attached or detached conditioned residential unit,
which provides complete, independent living facilities for one or more persons.
It includes permanent provisions for living, sleeping, cooking, eating, and
sanitation on the same parcel as the primary unit. The term "Accessory Dwelling
Unit" includes a granny unit, second dwelling unit, guesthouse, in-law unit,
efficiency unit (as defined in Health and Safety Code section 17958.1),
manufactured home (as defined in Health and Safety Code section 18007), and
similar Accessory Dwelling Units, which provide complete independent living
facilities (Gov't. Code §65852.2 (i)(4)).
b. Accessory Structure shall mean a structure that is an accessory or incidental to a
dwelling on the same lot as the primary residence. For purposes of this section
an accessory structure shall have at least three walls and a solid roof such as a
detached garage, pool house, garden shed, workshop, or cabana.
c. Administrative Accessory Dwelling Unit Review Process shall be defined as the
review process conducted under a separate application filed with the Town
either prior to or concurrent with the submittal of a building permit application
for an Accessory Dwelling Unit where a notice of the action to be taken by the
Town on the application is sent to surrounding property owners with the
provision of a period of time in which the Town’s administrative action may be
appealed.
d. Attached shall be defined as a building or a structure that is physically connected
to and shares a common wall with the primary residence.
e. Conditioned Space shall be defined as an area or room that is being heated or
cooled for human habitation.
f. Conversions shall be defined as the modification of an existing enclosed attached
or detached structure or the modification of a portion of an existing residence
into an Accessory Dwelling Unit.
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g. Detached shall be defined as a building or structure not physically connected and
separated by six feet or more, including eves and other projections, from the
primary residence.
h. Junior Accessory Dwelling Unit shall be defined as a unit that is no more than 500
square feet in size and contained entirely within the floor space of an existing or
proposed residence. A Junior Accessory Dwelling Unit must include a separate
exterior entrance, may include an interior door to the residence, includes an
efficiency kitchen, and may have private or shared bathroom facilities.
i. Manufactured Home shall mean a structure that was constructed on or after June
15, 1976, is transportable in one or more sections, is eight body feet or more in
width, or 40 body feet or more in length, in the traveling mode, or, when erected
on site, is 320 or more square feet, is built on a permanent chassis and designed
to be used as a single family dwelling with or without a foundation when
connected to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained therein.
j. Ministerial Review Process shall be defined as the review process conducted as
part of the building permit review to ensure that a proposed Accessory Dwelling
Unit is consistent with the provision of this section.
k. Mixed Use shall mean a property which has a General Plan land use designation
and residential zoning district which includes residential use as an allowed or
conditionally allowed use.
l. Multi-Family Residential shall be defined as the classification of housing which
consists of multiple residential units on the same or connected lots with an
overall density of at least eight units per acre.
m. Non-Conditioned Space shall be defined to include, but not limited to, open decks,
patios, breezeways, non-conditioned shops, garages, attics, and storage areas.
n. Objective Zoning and Design Standards shall mean standards that involve no
personal or subjective judgment by a public official and are uniformly verifiable
by reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public
official prior to submittal.
32-76.3 Review Process
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a. Accessory Dwelling Units and Junior Accessory Dwelling Units which are
consistent with the development and design standards contained within this
section shall be subject to the Town’s Ministerial review process.
b. Accessory Dwelling Units and Junior Accessory Dwelling Units which are not
consistent with the development and design standards contained within this
section shall be subject to the Town’s Administrative review process.
32-76.4 General Plan and Zoning Compliance
a. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be allowed
in any Residential or Mixed-Use General Plan land use district.
b. An Accessory Dwelling Unit does not count toward the otherwise applicable
General Plan residential density or zoning requirements which may conflict with
this section. An Accessory Dwelling Unit consistent with this section shall be
deemed to be consistent with the General Plan and applicable zoning district.
c. Multifamily lots with multiple detached single family dwellings are considered
single family lots for purposes of this section.
32-76.5 General Development and Design Standards
a. Bedrooms. There is no maximum number of bedrooms.
b. Balconies, Decks and Patios. Accessory Dwelling Units which have less than a 10-
foot side or rear yard setback, or the minimum setback requirement for the
primary residence for the zoning district (whichever is less), may not include
balconies, decks, or platforms that are more than six inches above grade between
the structure and a side or rear property line.
c. Garages. A two-car garage, with maximum dimensions of 22 feet deep and 20
feet wide, may be included as part of a detached Accessory Dwelling Unit and
does not count toward the Accessory Dwelling Unit square footage
requirements.
d. Basements. An Accessory Dwelling Unit may include a basement so long as the
basement is non-conditioned and is no more than 50 percent the size of the
conditioned area of the Accessory Dwelling Unit.
e. Design. The exterior appearance of an Accessory Dwelling Unit shall be
architecturally compatible with the primary residence and with the surrounding
neighborhood. Architectural compatibility will be determined to exist where the
Accessory Dwelling Unit incorporates the same paint colors, siding, and roof
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materials as the primary residence. there is coordination of building colors and
materials such as siding and roof materials.
32-76.6 Development Standards for Attached Accessory Dwelling Units in
Single Family Residential Districts
a. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum
setback to the property line, measured to the closest part of the structure
including eves and other architectural projections.
b. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be
required to maintain the front and secondary front yard setbacks applicable to
the primary residence for the zoning district.
c. Height. The maximum height shall be 2516 feet. If the Accessory Dwelling Unit
maintains the minimum setbacks applicable to the primary residence, the
maximum height shall be the height applicable to the primary residence.
d. Size. For residential zoning districts allowing a maximum lot size less than
40,000 square feet, the maximum size shall be 1,200 square feet but shall not
exceed 50 percent of the conditioned square footage of the existing or proposed
primary residence, however, a minimum of 850 square foot or 1,000 square foot
Accessory Dwelling Unit with more than one bedroom shall be allowed. For lots
that are within a zoning district requiring a minimum 40,000 square foot lot size
or larger, the maximum size shall be 2,000 square feet but shall not exceed 50
percent of the conditioned square footage of the existing or proposed primary
residence, however a minimum of 850 square foot or 1,000 square foot Accessory
Dwelling Unit with more than one bedroom shall be allowed. There are no
minimum size requirements.
e. Number. A total of three dwelling units are permitted in addition to the primary
dwelling unit given that the additional dwelling units are comprised of:
1. One interior Accessory Dwelling Unit contained within a proposed new
single family dwelling or converted from existing area subject to the size
restrictions under Section 32-76.6.d;
2. One Junior Accessory Dwelling Unit;
3. One detached ADU not exceeding 800 square feet if combined with the
above described interior Accessory Dwelling Unit and Junior Accessory
Dwelling Unit.
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32-76.7 Development Standards for Detached Accessory Dwelling Units in
Single Family Residential Districts
a. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum
setback to the property line, measured to the closest part of the structure,
including eves and other architectural projections.
b. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be
required to maintain the same front and secondary front yard setbacks applicable
to the primary residence for the zoning district.
c. Height. The maximum height shall be 16 feet. If located within one-half mile
walking distance of a major transit stop or high quality transit corridor, the
maximum height shall be 18 feet with an allowance of two additional feet (total
maximum height of 20 feet) to accommodate roof pitch aligned with the primary
dwelling unit. If the Accessory Dwelling Unit maintains the minimum setbacks
applicable to the primary residence, the maximum height shall be 24 feet.
Size. For residential zoning districts allowing a maximum lot size less than
40,000 square feet, the maximum size shall be 1,200 square feet. For lots that are
within a zoning district requiring a minimum 40,000 square foot lot size or
larger, the maximum size shall be 2,000 square feet. There are no minimum size
requirements.
32-76.8 Development Standards for Attached Accessory Dwelling Units in
Multifamily Districts
a. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum
setback to the property line, including eves and other architectural projections.
b. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be
required to maintain the front and secondary front yard setbacks applicable to a
multiple family building (s) for the zoning district.
c. Height. The maximum height shall be 16 feet. If located within one-half mile
walking distance of a major transit stop or high quality transit corridor, the
maximum height shall be 18 feet with an allowance of two additional feet (total
maximum height of 20 feet) to accommodate roof pitch aligned with the
multifamily building. If the Accessory Dwelling Unit maintains the minimum
setbacks applicable to the multiple family building(s) primary residence, the
maximum height shall be the height applicable to the multiple family building(s).
Size. For residential zoning districts allowing a maximum lot size less than
40,000 square feet, the maximum size shall be 1,200 square feet. For lots that are
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within a zoning district requiring a minimum 40,000 square foot lot size or
larger, the maximum size shall be 2,000 square feet. There are no minimum size
requirements.
e.d. Size. The maximum size of an Accessory Dwelling Unit attached to a multiple
family building (s) is 1,200 square feet.
f.e. Conversion of Existing Space. Portions of existing multifamily structures that are
not used as livable space, such as attics, garages, or storage areas may be
converted to Accessory Dwelling Units, with the total number of Accessory
Dwelling Units not exceeding 25 percent of the existing multifamily structure’s
units.
32-76.9 Development Standards for Detached Accessory Dwelling Units in
Multifamily Districts
a. Number. Up to two detached Accessory Dwelling Units are allowed on a lot that
has existing multifamily dwellings.
b. Setbacks, Secondary Front Yard, Side Yard, and Rear Yard. Four foot minimum
setback to the property line, including eves and other architectural projections.
c. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be
required to maintain the front and secondary front yard setbacks applicable to
the zoning district.
d. Height. The maximum height shall be 16 feet. If the lot has an existing or
proposed multi-story, multi-family dwelling, the maximum height shall be 18
feet. If the Accessory Dwelling Unit maintains the minimum setbacks applicable
to the multifamily building, the maximum height shall be 24 feet.
e. Size. The maximum size shall be 1,200 square feet.
32-76.10 Junior Accessory Dwelling Units
One Junior Accessory Dwelling Unit is allowed in addition to an Accessory Dwelling
Unit on a residential lot. A Junior Accessory Dwelling Unit may be constructed within
the walls of a proposed or existing single family residence. A Junior Accessory Dwelling
Unit must have an independent exterior entrance and may have interior connections to
the primary residence. One Junior Accessory Dwelling Unit may be combined with one
attached interior Accessory Dwelling Unit subject to the size restrictions under Section
32-76.6.d, and one detached new construction Accessory Dwelling Unit that does not
exceed 800 square feet if combined with the above described interior Accessory
Dwelling Unit and Junior Accessory Dwelling Unit.
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32-76.11 Conversions
a. The conversion or reconstruction in the same location within the dimensions of
existing floor space within a single family residence or detached accessory
structure to an Accessory Dwelling Unit shall not be subject to setback, height, or
size requirements under Sections 32-76.6 and 32-76.7. However, the 50 percent
rule or the allowance of conversion up to 850 square feet or 1,000 square feet for a
unit with more than one bedroom, for the conversion of a portion of a single
family residence shall apply.
b. An expansion of a maximum of 150 square feet may be added to a converted
Accessory Dwelling Unit with a setback area that does not comply with the
development standards under Sections 32-76.6 and 32-76.7 but shall be limited to
accommodating ingress and egress for the unit. Any addition beyond 150 square
feet shall comply with the Development Standards contained in Sections 32-76.6
and 32-76.7.
c. Setbacks and construction methods shall be sufficient to address fire and safety
issues.
32-76.12 Owner Occupancy
a. The property owner is not required to occupy either the primary residence or an
Accessory Dwelling Unit.
b. For a Junior Accessory Dwelling Unit, the property owner must occupy either
the remaining portion of the structure or the newly created Junior Accessory
Dwelling Unit. Owner occupancy shall not be required if the owner is another
governmental agency, land trust, or housing organization. The property owner
shall be required to record a deed restriction, which shall run with the land.
Confirmation of the deed recordation shall be submitted to the Town prior to
issuance of building permits and shall include both of the following:
1. A prohibition on the sale of the Junior Accessory Dwelling Unit separate
from the sale of the single family residence, including a statement that the
deed restriction may be enforced against future purchasers.
2. A restriction on the size and attributes of the Junior Accessory Dwelling
Unit that conforms with this section.
32-76.13 Statewide Exemption Accessory Dwelling Units
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Any attached or detached Accessory Dwelling Unit which is 800 square feet or less in
size shall be allowed on lands zoned to allow or conditionally allow residential use. The
Development Standards in Sections 32-76.5, 32-76.6, and 32-76.7 shall be waived to the
extent necessary to allow an Accessory Dwelling Unit up to 800 square feet in size.
32-76.14 Parking Requirements for Accessory Dwelling Units
a. Except for the circumstances listed below, one off-street parking space shall be
provided for all new Accessory Dwelling Units:
1. The Accessory Dwelling Unit is located within one-half mile walking
distance of public transit.
2. The Accessory Dwelling Unit is located within an architecturally and
historically significant historic district.
3. The Accessory Dwelling Unit is part of the a proposed or existing primary
residence, multi-family dwelling, or an accessory structure.
4. When on-street parking permits are required, but not offered to the
occupant of the Accessory Dwelling Unit.
5. When there is a car share vehicle located within one block of the
Accessory Dwelling Unit.
b. Where required, a parking space for an Accessory Dwelling Unit may be
provided as tandem parking on the driveway and within setback areas in
locations determined by the Town unless specific findings are made that parking
in setback areas or tandem parking is not feasible based upon the specific site or
regional topographical or fire and life safety conditions.
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an Accessory Dwelling Unit or converted to
an Accessory Dwelling Unit, no replacement parking shall be required.
32-76.15 Parking Requirements for Junior Accessory Dwelling Units
a. No additional off-street parking shall be required for a Junior Accessory
Dwelling Unit.
b. If an existing one or two-car garage is converted to a Junior Accessory Dwelling
Unit, the parking spaces must be replaced or be demonstrated to exist off-street
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on the site. Required parking may be provided as tandem parking on the
driveway and within setback areas in locations determined by the Town unless
specific findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life safety
conditions.
32-76.16 Short Term Rentals
If an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is rented it shall be
rented for terms longer than 30 days.
32-76.17 Covenants, Conditions and Restrictions
Covenants, Conditions, and Restrictions (CC&Rs) that either effectively prohibit or
unreasonably restrict the construction or use of an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be void and unenforceable.
32-76.18 Tree Preservation
For construction of an Accessory Dwelling Unit that is subject to Tree Protection During
Development provisions of the Town’s Tree Preservation Ordinance (Section 32-79.9),
any required tree protection bond or security shall be limited to not exceed five percent
of the estimated construction cost of the Accessory Dwelling Unit.
a. An existing substandard Accessory Dwelling Unit not in conformance with this
section shall be considered a nonconforming Accessory Dwelling Unit. If a
property owner wishes to alter an existing nonconforming Accessory Dwelling
Unit, the requirements of this section will apply to the proposed alteration.
b. An existing but not approved Accessory Dwelling Unit that meets the
requirements of this section may be legalized if the property owner modifies the
accessory unit to address any deficiencies identified through a life/safety
inspection by the Town Building Division.
32-76.20 Ownership
The Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit may be rented
separate from the primary residence but may not be sold or otherwise conveyed
separate from the primary residence. An Accessory Dwelling Unit may only be sold or
conveyed separately from the primary residence if purchased by a qualified buyer as
defined by Government Code § 65852.26.
SECTION 3. CODIFICATION. Section 2 of this Ordinance shall be codified in the
Danville Municipal Code.
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SECTION 4. 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.
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 was declared invalid.
The foregoing Ordinance was introduced on May 16, 2023, and approved and adopted
by the Danville Town Council at a regular meeting held on June 6, 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. 2023-08 of said Town and that said
Ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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