HomeMy WebLinkAbout011724 - 05.1 PLANNING COMMISSION STAFF REPORT 5.1
TO: Chair and Planning Commission January 17, 2024
SUBJECT: Resolution No. 2024-01, recommending the Town Council adopt the
Danville 2023-2031 General Plan Housing Element GPA24-0001, approve
General Plan Land Use Amendment GPA24-0002, Rezoning RZ2024-01,
and Zoning Text Amendment ZTA24-0001
BACKGROUND
In accordance with state law enacted in 1969, the Housing Element is a required
component of a community’s General Plan and must be updated every eight years. This
will be the sixth time (often referred to as the 6th cycle) that communities in California
update their Housing Elements for an upcoming eight-year planning period, spanning
2023 through 2031. All Housing Elements must be reviewed and approved by the State
Department of Housing and Community Development (State HCD).
The Town submitted its first formal submittal of its 2023-2031 Housing Element to State
HCD on January 31, 2023. On March 30, 2023, the Town received a letter from State HCD
stating that the draft Element met many requirements of State law, but revisions would
be necessary to meet all State requirements.
The Town worked to address State HCD’s comments and submitted an amended 2023-
2031 Housing Element to State HCD on October 6, 2023. On December 5, 2023, the Town
received a second letter from State HCD stating that the draft Housing Element meets
most statutory requirements described in HCD’s first letter, however, additional
revisions are necessary to substantially comply with State Housing Law.
The Town made its third formal submittal to State HCD on December 22, 2023. On
January 2, 2024, the Town received a letter from State HCD stating that the draft Housing
Element is in substantial compliance with State Housing Law.
DISCUSSION
Appendix G of the 2023-2031 Housing Element is a table of policies and programs
required by the State to implement the Housing Element over the next eight-year cycle.
The following implementation measures are recommended for approval concurrent with
the adoption of the Danville 2023-2031 Housing Element:
2023-2031 Housing Element 2 January 17, 2023
1.A General Plan land use amendment and rezoning for 19 separate parcels totaling
approximately six acres located behind the Community Presbyterian Church on
Ilo and Charles Lanes. The Community Presbyterian Church owns 16 of these 19
lots and wishes to construct a mid-range multifamily development in the area. As
recommended, the General Plan land use amendment would amend the General
Plan land use from Single Family – Low Density to Multifamily – Medium/High
Density, allowing 20-25 units per acre. The site would also be rezoned from P-1;
Planned Unit Development District to M-25; Multifamily Residential District.
These units are over and above the Town’s RHNA and help to address the State’s
‘missing middle’ housing requirements.
2.General Plan land use amendments and rezoning for seven other church sites
which are located within residential zoning districts, including: First Church of
Christ Science, Rolling Hills, Saint Timothy’s, Gatetree, Massiah Lutheran, Beth
Chaim, and The Rock. These sites would be redesignated from various residential
land use designations to the Town Multifamily High Special, 30-35 units per acre
land use designation. The sites would also be rezoned to M-35; Multifamily
Residential District. Church sites are affected by new State Law SB 4 which
automatically makes these church sites eligible for multifamily development at 30
units per acre.
3.Adoption of a single-family overlay district which would allow any corner lot
zoned single family residential to subdivide into two lots. It would allow the
incorporation of either an attached or detached accessory dwelling unit and two
junior accessory dwelling units into each lot. Currently, State Law SB 9 allows for
any single family lot to be subdivided and allows each new lot to contain a primary
residence and an attached or detached Accessory Dwelling Unit (ADU). This
provision would allow for four additional units (two Junior ADUs for each lot).
4.Amend the Town’s M-35 and Downtown Business District (DBD) 13 multifamily
district to increase the allowable floor area ratio (FAR) from 80% to 120%.
5.Amend the Town’s M-30, M-25, and M-20 multifamily districts to have the same
development standards as the new M-35 and DBD 13 multifamily districts,
including the allowance of three stories, a height limit of 37 feet and a 120% FAR.
6.Amend the Town’s M-35, M-30, M-25, M-20, and DBD 13 multifamily zoning
ordinances to require a maximum average multifamily unit size of 1,500 square
feet.
2023-2031 Housing Element 3 January 17, 2023
7.Amend the Town’s M-35 and DBD-13 multifamily zoning ordinances to allow a
maximum of four stories and 45-foot height for four specific sites only: 510 La
Gonda Way, 425 El Pintado Road, 315 and 319 Diablo Road, and 363 Diablo Road.
8.Amend the Town’s M-8 and M-13 multifamily zoning ordinances to eliminate
minimum lot size, width, and depth requirements, and reduce setback
requirements.
9.Amend the Town’s Downtown Business District Ordinance to allow emergency
shelters as an allowed use by right with an occupancy of up to 20 residents within
the DBD 9 and DBD 13 multifamily residential districts.
10.Amend all Town residential zoning districts to allow transitional, supportive, and
other group homes as allowed uses.
11.Amend the Town’s Municipal Code to allow for administrative approval of any
multifamily residential development with 10 or fewer units. Developments would
be subject to review by the Design Review Board but would only be scheduled for
Planning Commission review upon receipt of an appeal. This provision would
address permit streamlining concerns.
HEARING NOTIFICATION
Notification was mailed to all directly affected property owners. Notification was also
published in a local newspaper of general circulation. Posting the meeting agenda serves
as general notice to the community.
RECOMMENDATION
Adopt Resolution No. 2024-01 recommending the Town Council adopt the Danville 2023-
2031 General Plan Housing Element GPA24-0001, approve General Plan Land Use
Amendment GPA24-0002, Rezoning RZ2024-01, and Zoning Text Amendment ZTA24-
0001.
Prepared by:
David Crompton
Chief of Planning
2023-2031 Housing Element 4 January 17, 2023
Attachments: A: Resolution No. 2024-01
1: Attachment 1 of Resolution No. 2024-01, 2023-2031 Housing
Element and Appendices
2: Attachment 2 of Resolution No. 2024-01, Assessor Parcel
Numbers (APNs) for Parcels to Receive General Plan Land Use
Amendments and Rezonings
3: Attachment 3 of Resolution No. 2024-01, Zoning Text
Amendments to the Town’s Single Family Residential Ordinance
Municipal Code Section 32-22
4: Attachment 4 of Resolution No. 2024-01, Zoning Text
Amendments to the Town’s Multifamily District Ordinance and
Downtown Business District Ordinance Municipal Code Sections
32-22, 23, 24, 25, 26, 27, 28, 29 and 45
5: Attachment 5 of Resolution No. 2024-01, Zoning Text
Amendments
B: State HCD Comment Letter Dated January 2, 2024
RESOLUTION 2024-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT THE
DANVILLE 2023-2031 GENERAL PLAN HOUSING ELEMENT GPA24-0001,
APPROVE GENERAL PLAN LAND USE AMENDMENT
GPA24-0002, REZONING RZ2024-01, AND ZONING
TEXT AMENDMENT ZTA24-0001
WHEREAS, the California Legislature has determined that the availability of housing is a
matter of statewide importance and that cooperation between government and the private
sector is critical to the attainment of the State's housing goals; and
WHEREAS, California Government Code Section 65588(b) requires the Town of Danville
to periodically prepare an update to the Housing Element of its General Plan; and
WHEREAS, the Town Council directed the Town Manager to cause the Development
Services Department to proceed with this update to the Town's Housing Element for the
2023-2031 planning period; and
WHEREAS, as provided in Government Code Section 65350 et. seq., and Public
Resources Code this Housing Element Update constitutes a General Plan Amendment
(GPA24-0001) ("Project"); and
WHEREAS, the Town of Danville prepared the draft 2023-2031 Housing Element (see
Attachment 1) in accordance with California Housing Element Law (Government Code
section 65580 et seq.); and
WHEREAS, California Government Code Section 65583 requires that the Housing
Element Update contain: (i) an assessment of the Town’s housing needs and an analysis
of the resources and constraints, both governmental and non-governmental, relevant to the
meeting of these needs; (ii) an inventory of land suitable and available for residential
development and an analysis of the development potential of such sites; (iii) a statement
of the community's goals, quantified objectives, and policies relative to the maintenance,
preservation, improvement, and development of housing; and (iv) programs that set
forth a schedule of actions the local government is undertaking or intends to undertake
to implement the policies and achieve the goals and objectives of the Housing Element
Update; and
WHEREAS, the Town’s share of the regional housing need was established in the Regional
Housing Needs Assessment (RHNA) prepared and adopted by the Bay Area
Association of Governments (ABAG) on December 16, 2021. The allocation establishes the
number of new units needed, by income category, to accommodate expected population
growth over the planning period of the Housing Element; and
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2024-01
WHEREAS, Housing Element Law requires the Housing Element to identify adequate
sites to accommodate the Town's Regional Housing Needs Allocation (RHNA) for all
income categories, and the Housing Element Update identifies sites that can
accommodate housing exceeding the Town's RHNA; and
WHEREAS, on December 22, 2023, the Town submitted its third draft 2023-2031 Housing
Element to the State Department of Housing and Community Development (HCD) for
review; and
WHEREAS, on January 2, 2024, the Town received a letter from HCD stating that the
revised Housing Element meets all statuary requirements and will substantially comply
with State Housing Law when adopted (by the Town) and submitted to and approved by
HCD; and
WHEREAS, prior to the statutory deadline of January 31, 2023, the proposed General Plan
Amendment GPA22-0002 amended the Danville 2030 General Plan Land Use Map to
change land use designations for specific properties throughout Town to meet the Town’s
RHNA assignment of 2,241 units at various income levels; and
WHEREAS, proposed General Plan Land Use Amendment (GPA24-0002) would amend
the Town’s Land Use Map for 19 parcels located on Ilo Ln, Charles Ln, and West El
Pintado (APNs: 196-201-002, 196-201-003, 196-201-004, 196-201-005, 196-201-006, 196-201-
007, 196-201-008, 196-201-009, 196-201-010, 196-201-011, 196-201-012, 196-201-013, 196-
201-018, 196-201-030, 196-201-031, 196-201-032, 196-201-033, 196-201-034, 196-201-052)
from Residential – Single Family – Low Density, 1-3 units per acre to Residential –
Multifamily – High/Medium Density, 20-25 units per acre (see Attachment 2); and
WHEREAS, proposed Rezoning RZ24-0001 would rezone the above cited parcels from P-
1; Planned Unit Development District to M-25; Residential – Multifamily District (see
Attachment 2); and
WHEREAS, proposed General Plan Land Use Amendment (GPA24-0002) would also
amend the Town’s Land Use Map for six religious institution sites (First Church of Christ
Scientist, Messiah Lutheran Church, The Rock Church, Beth Chaim Congregation,
Rolling Hills, and Gatetree Baptist Church (APNs: 200-100-024, 202-100-024, 215-090-038,
215-330-018, 196-330-044, 202-110-011) from various residential designation to Residential
–Multifamily – High Density Special, 30-35 units per acre (see Attachment 2); and
WHEREAS, proposed Rezoning RZ24-0001 would also rezone the above cited church
sites from various residential zoning designations to M-35; Multifamily Zoning District
(see Attachment 2); and
WHEREAS, proposed Zoning Text Amendment ZTA24-0001 to the Town’s Municipal
PAGE 3 OF RESOLUTION NO. 2024-01
Code would make the following changes to the Town’s zoning ordinance:
1.Amend the Town’s Single Family Residential Ordinance (Municipal Code
Section 32-22) allowing all corner lots to subdivide into two parcels, develop a
primary single-family residence on each new parcel, develop either an attached
or detached accessory dwelling unit on each parcel, develop up to two junior
accessory dwelling units on each parcel, and add a definition of ‘Corner Lot’
(see Attachment 3).
2.Amend the Town’s M-35 and DBD-13 multifamily districts (Municipal Code
Sections 32-29 & 45) to increase the allowable floor area ratio (FAR) from 80% to
120% (see Attachment 4).
3.Amend the Town’s M-30, M-25, and M-20 multifamily districts (Municipal Code
Sections 32-24, 25 & 26) to contain the same development standards as the new
M-35 and DBD 13 multifamily districts, including the allowance of three stories,
a height limit of 37 feet and a 120% FAR (see Attachment 4).
4.Amend the Town’s M-35, M-30, M-25, M-20, and DBD 13 multifamily zoning
ordinances to require a maximum average multifamily unit size of 1,500 square
feet (see Attachment 4).
5.Amend the Town’s M-35 and DBD-13 multifamily zoning ordinances to allow a
maximum of four stories and 45 foot height for four specific sites only: 510 La
Gonda Way, 425 El Pintado Road, 315 and 319 Diablo Road, and 363 Diablo Road
(see Attachment 4).
6.Amend the Town’s M-13 and M-8 multifamily zoning ordinances (Municipal
Code Sections 32-27 & 28) to eliminate minimum lot size, width, and depth
requirements (see Attachment 4).
7.Amend the Town’s Downtown Business District Ordinance to allow emergency
shelters as an allowed use with an occupancy of up to 20 within the DBD 9 and
DBD 13 multifamily residential districts (see Attachment 4).
8.Amend all Town residential zoning districts (Municipal Code Sections 32-22, 23,
24, 25, 26, 27, 28, 29 & 45) to allow transitional, supportive, and other group
homes as allowed uses (see Attachments 3 & 4).
9.Amend the Town’s Municipal Code Section 32-4 to allow for administrative
approval of any multifamily residential development with 10 or fewer units.
Developments would be subject to review by the Design Review Board but
would only be scheduled for Planning Commission review upon receipt of an
PAGE 4 OF RESOLUTION NO. 2024-01
appeal. This provision would address permit streamlining concerns (see
Attachment 5).
WHEREAS, the Town conducted substantial and broad public engagement regarding
the Housing Element cycle using a methodical process including informational webinars
and live presentations, launched a site selection website tool, conducted a Town-wide
survey, and public workshops; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January
17, 2024, as prescribed by law; and
WHEREAS, notification regarding the Planning Commission public hearing was
published in a newspaper of general circulation. Property owners directly affected by
proposed General Plan land use amendments and Rezonings were noticed directly by
mail; and
WHEREAS, a staff report was submitted recommending the Planning Commission
recommend the Town Council approve the requests; and
WHEREAS, the Planning Commission considered all information related to the project,
including public testimony received in writing and presented orally; and
WHEREAS, on January 17, 2024 the Danville Planning Commission, in its independent
judgment recommended approval of the Sixth Cycle Housing Element and related
General Plan land use amendments, Rezonings, and Zoning Text Amendments; and
WHEREAS, the 2023-2031 Housing Element Update replaces in its entirety the Town’s
2014-2022 Housing Element of the General Plan; and
WHEREAS, the 2023-2031 Housing Element is not a General Plan update that is
comprehensive in nature in that it is not titled as such and does not, except where
specifically directed, substantially change or re-adopt the text and maps of the existing
elements of the General Plan; and
WHEREAS, based on the totality of the record and evidence described and referenced in this
Resolution, the Danville Planning Commission finds that the proposed 2023-2031 Housing
Element is consistent with the requirement of State Housing Element Law and the
associated General Plan Amendments, Rezonings, and Zoning Text Amendments are
consistent with the purposes of the General Plan and Municipal Code and will provide
adequate sites with corresponding density to meet the Town’s RHNA and adopt State
mandated and locally desired programs to implement the Housing Element effectively;
and
WHEREAS, a Programmatic Environmental Impact Report (PEIR) was prepared to study
PAGE 5 OF RESOLUTION NO. 2024-01
potential environmental impacts related to the adoption and implementation of the
Town’s 2023-2031 Housing Element. The PEIR was certified by the Danville Town Council
on January 17, 2023 pursuant to and in accordance with the California Environmental
Quality Act (Public Resources Code Section 21000 et seq., “CEQA”) and the Guidelines for
Implementation of CEQA (Title 14, Cal. Code of Regs., Section 15000 et seq., the CEQA
Guidelines); and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
2023-2031 Housing Element (GPA24-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The 2023-2031 Housing Element of the General Plan substantially
complies with Housing Element Law, as provided in Government Code 65580 et seq.
and is consistent with the Land Use and other elements of the Town's General Plan.
The proposed amendments are required to bring the Housing Element into consistency
with State law and are consistent with sound planning principles in that the proposed
policies and proposed implementing regulations are compatible and ensure that the
goals and policies of the General Plan can be adequately implemented to achieve the
community's vision.
SECTION 3. In a letter dated January 2, 2024, the California Department of
Housing and Community Development (HCD) confirmed that the Town’s draft 2023-
2031 Housing Element substantially complies with State Housing Law.
SECTION 4. There is a real and substantial relationship of the Danville Housing
Element to the general welfare of the Town and the entire region. Danville has adequately
researched and considered the numerous competing interests in the region and, in view of
the demonstrated need for new housing, the approval constituted a reasonable
accommodation of those interests.
SECTION 5. The 2023-2031 Housing Element relies on nonvacant sites to
accommodate 50 percent or more of the identified RHNA need for lower income
households. As required by Government Code Section 65583.2(g)(2), the Town finds that
those existing uses do not constitute an impediment to additional residential development
during the Sixth Cycle based on the following findings that those existing uses are likely
be discontinued during the planning period: expressed interests in redevelopment from
property owners and developers; the age and condition of existing structures on those
sites; the nature and character of existing uses; existing versus allowable building height
and limited existing Floor Area Ratio on nonvacant sites; improvement to land value
ratios; and, the likelihood of commercial uses on nonvacant sites converting to residential
PAGE 6 OF RESOLUTION NO. 2024-01
developments due to the continued decline of retail, auto-related, and other
commercial/office uses.
SECTION 6. The 2014-2022 Housing Element is hereby repealed in its entirety and
the 2023-2031 Housing Element (Attachment A) is recommended for approval.
SECTION 7: The Chief of Planning, after the Town Council’s approval, is hereby
directed to file all necessary material with the Department of Housing and Community
Development for the Department to find that the 2023-2031 Housing Element is in
conformance with State law.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
General Plan Land Use Designation Amendments (GPA24-0002)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The General Plan land use amendments will implement the Danville
2023-2031 Housing Element Policies 6.1.g and 6.1.h.1 and will provide for housing
mobility ‘missing middle’ opportunities within existing single-family neighborhoods
throughout Danville.
SECTION 3. General Plan Amendment GPA24-0002, is hereby recommended for
approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
Rezoning (RZ24-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. These Rezonings implement the Danville 2023-2031 Housing
Element Policies 6.1.g. and 6.1.h.1 and will provide for housing mobility ‘missing
middle’ opportunities within existing single-family neighborhoods throughout
Danville.
SECTION 3. Rezoning request RZ24-0001 is hereby recommended for approval.
PAGE 7 OF RESOLUTION NO. 2024-01
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
Zoning Text Amendments (ZTA24-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. These Zoning Text implement the Danville 2023-2031 Housing
Element Policies 6.1.i, 6.1.j, 6.1.k, 6.1.m, 6.1.n, 7.1.h, 7.1.k, & 7.1.l, removing
development and land use constraints and streamlining the Town’s development
review process.
SECTION 3. Zoning Text Amendment ZTA24-0001 is hereby recommended for
approval.
APPROVED by the Danville Planning Commission at a special meeting on January 17,
2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
ATTACHMENT 1 OF RESOLUTION NO. 2024-01
LINK TO THE 2023-2031 HOUSING ELEMENT
AND APPENDICES
2023-2031 HOUSING ELEMENT
ATTACHMENT 1
New Residential - Multifamily - High/Medium Density (20-25 units per acre)
ATTACHMENT 2
New Residential - Multifamily - High Density Special (30-35 units per acre)
32-22 - SINGLE FAMILY RESIDENTIAL DISTRICTS
32-22.1 Purpose
32-22.2 Definitions 32-22.3 Allowed Uses
32-22.4 Conditional Uses – Uses Requiring a Land Use Permit and/or Development Plan
Permit
32-22.4.a Allowable uses for Corner Lots Only
32-22.5 Standards for Specific Land Uses
32-22.6 Minimum Lot Area, Width and Depth
32-22.7 Minimum Setback Requirements for a Primary Structure
32-22.8 Maximum Building Height for a Primary Structure
32-22.9 Minimum Setbacks for Accessory Structures
32-22.10 Maximum Height for Accessory Structures
32-22.11 Fencing and Retaining Walls
32-22.12 Additional Development Standards
32-22.13 Off-Street Parking
32-22.14 Granting of Land Use or Variance Permits
32.22.2 – Definition
Words and Phrases as used in the Chapter Defined.
Corner lot shall mean a lot which abuts the combination of two or more roads, streets,
highways, rights-of-way, or vehicular access easements resulting in the presence of both
primary and secondary frontages.
Emergency shelters shall mean housing with minimal supportive services for homeless
persons, including navigation centers, bridge housing, and respite or recuperative care,
and where housing services provided are made available to individuals or households
may be denied emergency shelter because of an inability to pay.
Farm worker housing shall mean any living quarters or accommodations complying with
the building standards in the State Building Standards Code used for human habitation,
where accommodations are provided for individuals employed in farming or other
agricultural activities including such individuals’ families.
32-22.3 – Allowed Uses.
a.The following uses are allowed in all single family residential districts (i.e., the R-6,
R-7, R-10, R-12, R-15, R-20, R-40, R-65, & R-100 Single family Residential Districts):
ATTACHMENT 3
1.A detached single family dwelling on each lot and the accessory structures and
uses normally auxiliary to it;
2. Horticulture and viticulture;
3.Raising or keeping of domestic animals, with a limit of three dogs and/or three
cats over the age of four months;
4.Publicly or privately owned parks and playgrounds;
5.Group Homes including Community Care Facilities and Residential Care
Facilities where six or fewer persons reside or receive care, consistent with
State law;
6.Intermediate Care Facilities where six or less persons reside or receive care,
consistent with State law;
6.7. Health Facilities where six or fewer persons reside or receive care, consistent
with State law;
7.8. Transitional housing where no more than six persons reside, consistent with
State law;
8.9. Supportive housing where no more than six persons reside, consistent with
State law;
10.Emergency Shelter where 20 or less persons reside, consistent with State law;
11.Farmworker housing where no more than six persons reside, consistent with
State law.
9.12. A family day care home where the family day care home operates in addition
to the residential use of the property;
10.13. Aviaries which comply with subsection 32-22.9.b. and which are
maintained in a sanitary manner as determined by the Contra Costa County
Health Department;
12. A cottage food operation complying with this section;
13.Home Occupations complying with this section;
14.Personal property sales complying with this section;
15.Accessory dwelling units and Junior Accessory Dwelling Units that comply
with Section 32-76 (Accessory Dwelling Unit Ordinance);
16.Residential greenhouses, under 300 square feet.;
b.In addition to the above uses, the following uses are permitted in the R-20, R-40, R-
65 and R-100 districts:
1.The raising of a maximum of 10 hens or rabbits in the R-20 and R-40 zoning
districts and a maximum of 20 hens or rabbits in the R-65 and R-100 zoning
districts. No roosters shall be permitted in any residential zoning district.
2.Keeping livestock on lots 40,000 or more square feet in area. The lot must be at
least 40,000 square feet for each two head of livestock and all contiguous in one
fee ownership. On lots over 40,000 square feet, the owner is allowed one head
of livestock per each additional 20,000 square feet in area.
32-22.4 - Conditional Uses -- Uses Requiring a Land Use Permit and/or Development
Plan Permit.
The following uses are permitted upon the issuance of a land use permit and/or
development plan permit:
a. Churches and religious institutions and parochial and private schools;
b. Child care centers;
c. Bed and Breakfast;
d. Community buildings, clubs and activities of a quasi-public, social, fraternal or
recreational character, such as golf, tennis and swimming clubs, and veterans and
fraternal organizations;
e. Group Homes including Community Care Facilities and Residential Care Facilities
where seven or more persons reside or receive care, consistent with State law;
f. Intermediate Care Facilities where seven or more persons reside or receive care,
consistent with State law;
f. Health Facilities where seven or more persons reside or receive care, consistent
with State law;
g. Emergency Shelters where 21 or more persons reside, consistent with State law;
h. Transitional Housing where seven or more persons reside, consistent with State
law;
i. Supportive Housing where seven or more persons reside, consistent with State
law;
j.h. Residential greenhouses, over 300 square feet;
k.i. Publicly owned buildings and structures (except that accessory structures forming
a part of public utilities, publicly owned utilities and pipelines are not regulated by
this chapter, except for setback regulations (see Section 32-22.7);
l.j. Horse riding academies and horse riding instruction, if the requirements listed in
subsection 32-22.2.b.2, are met;
m.k. Private antennas, consistent with this section;
n.l. Wind mills erected for the production of electricity, consistent with this section;
o.m. Residential development on Town-identified Scenic Hillside or Major Ridgeline lots
complying with Section 32-69;
p.n. Wireless communications facilities, complying with Section 32-70;
q.o. The modification or expansion of a non-conforming use or structure;
r.p. Uses which the Planning Commission has found, after notice and hearing, to be
comparable to the above uses.
32-22.4.a – Allowable Uses for Corner Lots Only.
The following use and standards are allowed for corner lots, as defined, within all single-
family residential zoning districts:
a.A corner lot may subdivide into two lots. Each new lot may include a primary
residence, one attached or detached Accessory Dwelling Unit (ADU) and two
Junior Accessory Dwelling Units (JADU), subject to the standards established
under Section 32-76.
b.Development standards and other provisions shall be consistent with those
established under State Law SB 9.
32-29 M-35 MULTIFAMILY RESIDENTIAL DISTRICT.
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 and Junior Accessory Dwelling Units consistent with
Municipal Code Section 32-76 (Accessory Dwelling Unit Ordinance);
n.Residential greenhouses, under three hundred (300) square feet.
o.A family day care home where the family day care home operates in addition to
the residential use of the property (fourteen (14) children or less).
(Ord. #2023-07, § 2)
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.
(Ord. 2023-02, § 2)
32-29.4.a Church Sites.
a.For church sites under the M-35 District, development requirement and
affordability requirements shall be consistent with all provision of State Law SB 4.
32-29.5 Prohibited Uses.
a.Short term rentals.
(Ord. 2023-02, § 2)
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.
(Ord. 2023-02, § 2)
32-29.7 Minimum Lot Area, Width and Depth.
a.Area. No minimum lot area required.
ATTACHMENT 4
b.Width. No minimum lot width is required.
c.Depth. No minimum lot depth is required.
(Ord. 2023-02, § 2)
32-29.7.a Average Maximum Unit Size
a.For any development including 10 or more units, the maximum average unit size
shall be 1,500 square feet.
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.
(Ord. 2023-02, § 2)
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 one hundred twenty
percent (120%)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, 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 (2 or 2½)
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.
(Ord. 2023-02, § 2)
32-29.10.a Height and Stories for Specific Parcels
For the following two parcels identified as 510 La Gonda Way and 425 El Pintado Road
only (APNs: 200-131-005, 200-040-012):
a.Story Height and Building Height. The maximum allowable story height is four (4)
stories. Where four story building massing is proposed as part of a new project,
each individual building grouping with a four story building massing shall have
a minimum of 7.5% of the building footprint expressed as three or three and one
half building stories (3 or 3½) 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 three or three and one half
story building massing, the remainder of the building grouping shall use a mix
of 41’, 43’ and 45’ building heights while averaging a 43’ 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 in Section 32-45.10.
32-45.21.2 Area 13: Multifamily Residential-High Special
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.
3.Group Homes including Community Care Facilities and Residential Care
Facilities, consistent with state law;
4.Intermediate Care Facilities, consistent with law;
5.Health Facilities, consistent with state law;
6.Transitional housing, consistent with state law;
7.Supportive housing, consistent with state law;
8.Emergency Shelters, including navigation centers, bridge housing, and respite or
recuperative care with a maximum of 20 occupancy of 20 residents.
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 one hundred twenty percent (120%) eighty percent (80%) of the net land
area available for development, as determined by a planning entitlement deemed
complete for processing.
5.Unit Size.
a.For any development including 10 or more units, the maximum average unit
size shall be 1,500 square feet.
6.Height and Stories for Specific Parcels.
For the following two parcels identified as 315 and 319 Diablo Road, and 363
Diablo Road (APNs: 216-120-028, 216-120-042, 216-120-043, 216-120-029, 216-120-
012, 216-120-0150):
a.Story Height and Building Height. The maximum allowable story height is four
(4) stories. Where four story building massing is proposed as part of a new
project, each individual building grouping with a four story building massing
shall have a minimum of 7.5% of the building footprint expressed as three or
three and one half building stories (3 or 3½) 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
three or three and one half story building massing, the remainder of the
building grouping shall use a mix of 41’, 43’ and 45’ building heights while
averaging a 45’ 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 in Section 32-45.10.
32-45.19 Area 9: Multi-Family 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.Group Homes including Community Care Facilities and Residential Care
Facilities, consistent with state law;
2.Intermediate Care Facilities, consistent with law;
3.Health Facilities, consistent with state law;
4.Transitional housing, consistent with state law;
5.Supportive housing, consistent with state law;
6.Emergency Shelters, including navigation centers, bridge housing, and
respite or recuperative care with a maximum of 20 occupancy of 20 residents.
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.
32-28 M-8 MULTIFAMILY RESIDENTIAL DISTRICT.
32-28.1 Purpose.
a.Create development standards appropriate for compact, low/medium density and
low density multifamily or single family residential development including apartments,
townhouses, condominiums, and single family living.
b.Assure that future development compliments Danville's existing small town
character and established quality of life.
c.Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
d.Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse
environmental effects.
e.Ensure adequate provisions for sites, with reasonable access to public services, for
appropriate public and semipublic land uses, including care facilities, needed to
complement residential development or that require a residential environment. At the
same time, protect the relatively quiet, primarily noncommercial, family atmosphere of
neighborhoods.
f.Be consistent with the Danville General Plan Multifamily Low Density (eight
through thirteen (8-13) dwelling units per acre) land use designation and to replace the
previous M-6; Multifamily Residential District.
(Ord. #2014-05, § 2)
32-28.2 Lans Use and Development Standards.
a.Conform to M-3530 District. Except as specified, the M-8 District shall comply with
all of the provisions established under the M-3530 Multifamily District.
b.Differences From M-3530 District. The following items for the M-8 district are
different from those for M-3530 district:
1.Maximum Unit Density. The maximum residential density allowed in this district
is eight (8) dwelling units per acre.
2.Minimum Unit Density. The minimum residential density allowed in this district
is four (4) dwelling units per acre.
3.Floor Area Ratio (FAR). The Maximum FAR for development within the M-8
District shall be fifty percent (50%).
4.Area. No minimum. building or other structure permitted in the M-8 District
shall be erected or placed on a lot containing less than six thousand (6,000) square feet
of land in area.
5.Width and Depth. No minimum.
65.Maximum Height. The maximum height of any multifamily structure is two and
one-half (2-1/2) stories or thirty-five (35) feet, whichever is less.
32-27 M-13 MULTIFAMILY RESIDENTIAL DISTRICT.
32-27.1 Purpose.
a.Create development standards appropriate for compact, low/medium density and
low density multifamily or single family residential development including apartments,
townhouses, condominiums, and single family living.
b.Assure that future development compliments Danville's existing small town
character and established quality of life.
c.Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
d.Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse
environmental effects.
e.Ensure adequate provisions for sites, with reasonable access to public services, for
appropriate public and semipublic land uses, including care facilities, needed to
complement residential development or that require a residential environment. At the
same time, protect the relatively quiet, primarily noncommercial, family atmosphere of
neighborhoods.
f.Be consistent with the Danville General Plan Multifamily Low/Medium Density
(thirteen through twenty (13-20) dwelling units per acre) and the Multifamily Low
Density (eight through thirteen (8-13) dwelling units per acre) land use designations
and to replace the previous M-12; Multifamily Residential District.
(Ord. #2014-05, § 2)
32-27.2 Land Use and Development Standards.
a.Conform to M-3530 District. Except as specified, the M-13 District shall comply with
all of the provisions established under the M-3530 Multifamily District.
b.Differences From M-3530 District. The following items for the M-13 district are
different from those for M-3530 district:
1.Maximum Unit Density. The maximum residential density allowed in this district
is thirteen (13) dwelling units per acre.
2.Minimum Unit Density. The minimum residential density allowed in this district
is eight (8) dwelling units per acre.
3.Floor Area Ratio (FAR). The Maximum FAR for development within the M-13
District shall be sixty-five percent (65%).
4.Area. No Minimum. building or other structure permitted in the M-13 district
shall be erected or placed on a lot containing less than eight thousand (8,000) square feet
of land in area.
5.Width and Depth. No minimum.
5.Maximum Height. The maximum height of any multifamily structure is two and
one-half (2-1/2) stories or thirty-five (35) feet, whichever is less.
32-24 M-30 MULTIFAMILY RESIDENTIAL DISTRICT.
32-24.3 Allowed Uses and Development Standards.
a.Conform to-35 District, Section 32-29. Except as specified, the M-30 District shall
comply with all of the provisions established under the M-35 Multifamily
District.
b.Differences from the M-35 District. The following items for the M-30 district are
different from those for the M-35 district.
Uses permitted in the M-30 District shall be as follows:
a.Multifamily buildings, but not including motels or hotels;
b.Horticulture and viticulture;
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.A family day care home where the family day care home operates in addition to
the residential use of the property;
f.Group Homes including Community Care Facilities and Residential Care
Facilities where six (6) or fewer persons reside or receive care, consistent with state law;
g.Intermediate Care Facilities where six (6) or less persons reside or receive care,
consistent with state law;
h.Health Facilities where six (6) or fewer persons reside or receive care, consistent
with state law;
i.Transitional housing where no more than six (6) persons reside, consistent with
state law;
j.Supportive housing where no more than six (6) persons reside, consistent with
state law;
k. A cottage food operation, complying with Section 32-22.5.a;
l.Home occupations, complying with Section 32-22.5.b;
m.Personal property sales, complying with Section 32-22.5.c;
n.Accessory dwelling units that comply with Section 32-76 (Accessory Dwelling
Unit Ordinance);
o.Residential greenhouses, under three hundred (300) square feet.
(Ord. #2023-07, § 4)
32-24.4 Conditional Uses; Uses Requiring a Land Use Permit and/or Development
Plan Permit.
The following uses are permitted upon the issuance of a land use permit and/or
development plan permit:
a, Churches, religious institutions, and parochial and private schools, including
nursery schools;
b.Community buildings, clubs and activities of a quasi-public, social, fraternal, or
recreational character, such as golf, tennis, and swimming clubs; veterans and fraternal
organizations not organized for monetary profit;
c. Child care centers;
d. Bed and Breakfast;
e.Group Homes including Community Care Facilities and Residential Care
Facilities where seven (7) or more persons reside or receive care, consistent with state
law;
f.Intermediate Care Facilities where seven (7) or more persons reside or receive
care, consistent with state law;
g.Health Facilities where seven (7) or more persons reside or receive care,
consistent with state law;
h.Transitional Housing where seven (7) or more persons reside, consistent with
state law;
i.Supportive Housing where seven (7) or more persons reside, consistent with state
law;
j.Greenhouses (over three hundred (300) square feet) and nurseries for the
propagation of plants only and not including any retail sales of nursery products;
k.Publicly owned buildings and structures, (except that accessory structures
forming a part of public utilities, publicly owned utilities and pipelines are not
regulated by this chapter, except for setback regulations (see Section 32-22.9);
l.Private antennas, complying with Section 32-24.8.d.2;
m.Wind mills erected for the production of electricity, complying with this Section
32-24.8.b.6;
n.Wireless communications facilities, complying with Section 32-70;
o.The modification or expansion of a non-conforming use or structure;
p.Uses which the Planning Commission has found, after notice and hearing, to be
comparable to the above uses.
(Ord. #2023-07, § 4)
32-24.5 Development Density.
a. 1. Maximum Unit Density. The maximum residential density allowed in this
district is thirty (30) dwelling units per acre.
b. 2. Minimum Unit Density. The minimum residential density allowed in this
district is twenty-five (25) dwelling units per acre.
(Ord. #2023-07, § 4)
32-24.6 Minimum Lot Area, Width and Depth.
a.Area. No building or other structure permitted in the M-30 district shall be erected
or placed on a lot containing less than ten thousand (10,000) square feet of land in area.
b.Width. No lot width is required.
c.Depth. No lot depth is required.
(Ord. #2023-07, § 4)
32-24.7 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.Floor Area Ratio. The maximum Floor Area Ratio (FAR) shall be eighty percent
(80%).
e.Building Height. The maximum building height for any multifamily structure is
thirty-seven (37) feet.
(Ord. #2023-07, § 4)
32-24.8 Accessory Structures
a.Setbacks. Accessory structures shall maintain the same setbacks as the primary
residence, except that garages or any other accessory building or structure may have a
minimum setback of three (3) feet when located at least fifty (50) feet back from the
front property line.
b.Setback Standards for specific types of accessory structures.
1.Detached Structures, Detached Garages, Storage Sheds, and Cabanas. If utilizing the
reduced three (3) foot side and rear property line setback, the structure must meet the
following requirements in consideration of impact to neighboring properties:
(a) If the eave overhang is greater than six (6) inches in depth, the five (5) foot
setback is measured from the exterior face of the eave, not the exterior wall.
(b) If the eave overhang is six (6) inches or less in depth, the five (5) foot setback
may be measured from the exterior wall.
2.Portable Storage Sheds. Portable storage sheds are exempt from structure setback
requirements when placed in the rear yard area. The required minimum set back from
the front and/or secondary front property lines must be maintained as defined for each
District. Sheds, overhangs and sheltered areas shall not be created by utilizing a
property line fence and such structures do not qualify as portable storage sheds.
3.Decks.
(a) Ground-level decks and platforms shall maintain three (3) foot side and rear
yard setbacks.
(b) Elevated decks and platforms shall maintain the setback requirements of the
applicable zoning district for the primary structure.
4.Attached Arbors and Patio Shade Structure.
(a) Arbors and patio shade structures that are attached to or abut the primary
structure (within two (2) feet), are open on at least three (3) sides, and are constructed
without a solid roofing material, shall maintain a minimum five (5) foot side and rear
yard setback, or the structure setback of the primary structure, whichever is less.
(b) Arbors and patio shade structures that are attached to or abut the primary
structure (within two (2) feet), have a solid roof material or are not open on at least
three (3) sides shall meet the minimum required structure setbacks of the primary
structure.
(c) Arbors and patio shade structures that are not attached to or abut the primary
residence (within two (2) feet) shall maintain a minimum six (6) foot separation from
the primary structure. Such structures shall comply with the setback and height
requirements for accessory structures.
5.Private antennas. Private antennas shall be required to maintain the same
minimum setback requirements as the primary structure on the lot.
6.Windmills. Windmills shall comply with accessory structure setback
requirements but shall maintain a minimum ten (10) foot side and rear yard setback.
7.Flag poles. Flag poles shall maintain a minimum 10 foot front, side, and rear yard
setback.
8.Basketball Standards. Basketball standards shall maintain a minimum ten (10) foot
primary front, secondary front, side, and rear yard setback. Permanently affixed
basketball standards are not allowed in the public right-of-way. Movable basketball
standards are allowed in the public-right-of way only when being used for play, and
when places in a location that does not interfere with normal vehicular or pedestrian
circulation or otherwise create a nuisance in the neighborhood.
c.Height. Except as specified in this section, accessory structures shall have a
maximum height of fifteen (15) feet. Additionally, no part of any accessory structure
shall be greater than twelve (12) feet in height within ten (10) feet of a side or rear
property line.
d.Maximum height standards for specific types of accessory structures.
1.Play structures. The maximum height of a play structure is limited to ten (10) feet,
and no part of a play structure shall be greater than eight (8) feet in height within ten
(10) feet of a side or rear property line.
2.Private antennas, ground mounted. The maximum height of a ground mounted
private antenna shall be thirty-five (35) feet. Private antennas shall have a non-shiny
finish.
3.Flag poles. Flag poles shall not exceed twenty-five (25) feet in height.
4.Elevated deck or platform. The horizontal plain of a deck or platform shall not
exceed ten (10) feet in height, or exceed four (4) feet in height within ten (10) feet of a
side or rear property line.
5.Hot tub, spa. The highest point of a hot tub or spa shall not exceed six (6) feet, or
four (4) feet in height if within ten (10) feet of a side or rear property line.
6.Portable storage shed. The highest point of a portable storage shed shall have a
building height no greater than eight (8) feet as measured at the highest pitch of the
roof.
7.Solar, ground mounted. A ground mounted structure designed to hold solar panels
shall not exceed eight (8) feet in height, or four (4) feet in height within ten (10) feet of a
side or rear property line.
(Ord. #2023-07, § 4)
32-24.9 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
(11/2) 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.
(Ord. #2023-07, § 4)
32-24.10 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.
(Ord. #2023-07, § 4)
32-24.11 Building Relationship.
Each building or structure shall be located at least twenty (20) feet from each other
building or structure, except that garages and covered walkways between buildings or
structures may be permitted within this twenty (20) foot distance. A covered walkway
shall not exceed ten (10) feet in height, no more than fifty percent (50%) of the sides of
the structures shall be enclosed with any material other than that necessary for roof
supports, and the walkway shall not be more than ten (10) feet wide.
(Ord. #2023-07, § 4)
32-24.12 Development Plans.
a.No development is lawful in an M-30 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:
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 if any;
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 apartment
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. The approval of Development Plan applications involving accessory structures
which are consistent with all development standards may be approved administratively
by the Planning Division, but may be referred to the Planning Commission at the
discretion of the Chief of Planning.
d.Rezoning to M-30 District. An applicant for rezoning to an M-30 district may submit
simultaneously and in combination with an application for approval of a Development
Plan for a property.
(Ord. #2023-07, § 4)
32-24.13 Land Use and Variance Permits.
Land Use Permits for the conditional land uses listed in Section 32-24-4 and Variance
permits to modify the provisions contained in subsections 32-24.6 through 32-24.11 may
be granted in accordance with Sections 2-7 and 32-3.
(Ord. #2023-07, § 4)
32-25 M-25 MULTIFAMILY RESIDENTIAL DISTRICT.
32-25.2 Uses and Development Standards.
a.Conform to M-3530 District, Section 32-29. Except as specified, the M-25 District shall
comply with all of the provisions established under the M-3530 Multifamily District.
b.Differences from the M-3530 District. The following items for the M-25 district are
different from those for the M-3530 district:
1.Maximum Unit Density. The maximum residential density allowed in this district
is twenty-five (25) dwelling units per acre.
2.Minimum Unit Density. The minimum residential density allowed in this district
is twenty (20) dwelling units per acre.
3.Maximum Height. The maximum building height for any multifamily structure is
thirty-five (35) feet.
32-26 M-20 MULTIFAMILY RESIDENTIAL DISTRICT.
32-26.2 Uses and Development Standards.
a.Conform to M-3530 District, Section 32-29. Except as specified, the M-20 District shall
comply with all of the provisions established under the M-3530 Multifamily District.
b.Differences From the M-3530 District. The following items for the M-20 district are
different from those for M-3530 districts:
1.Maximum Unit Density. The maximum residential density allowed in this district
is twenty (20) dwelling units per acre.
2.Minimum Unit Density. The minimum residential density allowed in this district
is thirteen (13) dwelling units per acre.
3.Maximum Height. The maximum height of any multifamily structure is two and
one-half (2-1/2) stories or thirty-five (35) feet, whichever is less.
32-4 DECISION MAKING AUTHORITY AND REVIEW PROCESS.
32-4.1 Purpose.
This article provides procedures and requirements for the preparation, filing,
processing, and decision making for planning application required by this Chapter.
(Ord. #2015-09, § 1)
32-4.2 Responsible Authority - General.
This Chapter shall be administered by the Danville Town Council, the Danville
Planning Commission, the Danville Heritage Resource Commission, Design Review
Board, Historic Design Review Committee, the Chief of Planning and the Planning
Division, and any other Town official or body as specifically identified.
(Ord. #2015-09, § 1)
32-4.3 Decision Making Authority for Planning Applications.
Table 4.1 provides a summary of the review and decision making authority for each
type of planning application as described under Article III.
Table 4-1
Decision Making Authority for Planning Applications
Application Administrative Design
Review
Board
Historic
Design
Review
Committee
Planning
Commission
Heritage
Resource
Commission
Town
Council
Development
Plan -
Downtown -
Minor
X X1 X1
Development
Plan -
Downtown -
Major
X6 X X
Development
Plan - Scenic
Hillside
X X1 X1
Development
Plan - Major
Ridgeline
X1 X
Development
Plan -
Historic -
Minor
Alterations
X X1 X1
Development
Plan -
X1 X X X
ATTACHMENT 5
Historic -
Major
Alterations
Development
Plan -
Accessory
Dwelling
Unit
X X1 X3
Development
Plan -
Commercial -
Minor
X X1 X1
Development
Plan -
Commercial -
Major
X X
Development
Plan -
Residential
X6 X1 X2
Development
Plan -
Preliminary
(PUD
rezoning)
X X
Development
Plan - Final
X X X5
General Plan
Amendment
X X
Land Use
Permit -
Residential
X X1
Land Use
Permit -
Downtown
Business
District
X X1
Major
Subdivision
X6 X
Minor
Subdivision
X6 X
Rezoning X X
Sign Review X X4
Tree
Removal
X
Variance X
Zoning Text
Amendment
X X
1 Application may be referred to the Design Review Board, Historic Design Review
Committee, and/or the Planning Commission or Heritage Resource Commission at the
discretion by the Chief of Planning.
2 Requires Planning Commission review only if required by the conditions of
approval for the subdivision that created the lot.
3 Requires approval by the Planning Commission if approval of a variance or
exception is required.
4 Design Review Board approval is required for a Master Sign Program or if approval
of a variance or exception is required.
5 Requires approval by the Town Council if reviewed concurrently with the
Preliminary Development Plan - Rezoning application.
6 Multifamily Residential application with 10 or fewer units.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov
January 2, 2024
David Crompton, Chief of Planning Town of Danville 510 La Gonda Way
Danville, CA 94526
Dear David Crompton:
RE: Town of Danville’s 6th Cycle (2023-2031) Revised Draft Housing Element
Thank you for submitting the Town of Danville’s (Town) revised draft housing element received for review December 22, 2023. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of the review.
The revised draft element meets the statutory requirements that were described in HCD’s December 5, 2023 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly
available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town did not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), any programs to make prior identified sites available
(Program 8.1c – Establish Ry-right Designation for Prior Housing Sites) or address a
shortfall of capacity to accommodate the regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to
Government Code section 65585, subdivision (i). Please be aware, if the Town does not
ATTACHMENT B
David Crompton, Chief of Planning Page 2
adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c).
For your information, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the Town must find (as part of an adoption resolution), based on substantial evidence, that existing uses are not an impediment to additional residential development and will likely
discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). While the
Town has made these findings as part of prior adoption, these findings should be reviewed and revised, if necessary, as part of future re-adoption of the housing element. As a reminder, pursuant to Government Code section 65583.3, the Town must submit
an electronic sites inventory with its adopted housing element. The Town must utilize
standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy of the form and instructions. While the Town has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted
versions of the element must also submit the electronic version of the sites inventory.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html. HCD appreciates the dedication and work that was put into the housing element update and review process. Their efforts and commitment to effectively plan for Danville’s
existing and future housing needs are commendable. If HCD can provide assistance in implementing the housing element, please contact Margaret Scarpa, of our staff, at margaret.scarpa@hcd.ca.gov. Sincerely,
Paul McDougall Senior Program Manager