Danville City Zoning Code
ARTICLE I
GENERAL PROVISIONS
32-1.1 Purpose.
The purpose of this Chapter is to carry out the policies of the Town of Danville General Plan. It is also the intent of this Chapter to promote the orderly development of the Town; establish general development and land use requirements; promote and protect the public health, safety, peace, comfort, and general welfare; and to protect the character, social, and economic vitality of neighborhoods and districts.
(Ord. #2015-06, §2)
32-1.2 Relationship to General Plan.
Land use and development regulations are the primary tool used by the Town to carry out the goals, objectives, and policies of the General Plan. It is intended that all land use and development regulations be consistent with the General Plan and that any planning application approved in compliance with these regulations will also be consistent with the General Plan.
(Ord. #2015-06, §2)
32-1.3 Applicability of Zoning and Development Regulations.
This chapter applies to and regulates all land uses and development of land including private and public uses of private and/or public land within the Town of Danville.
a. Compliance Required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this chapter.
b. Conflicts with other Plans. When there is a conflict between this chapter and the general plan, the general plan shall prevail. In addition, if a conflict occurs between the requirements of this chapter and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.
c. Minimum Requirements. The requirements of this chapter are minimum requirements for the promotion of the public health, safety, and general welfare. When this chapter provides for a discretionary approval, more stringent requirements may be imposed as determined necessary by the review authority to promote land use and development compatibility, provide environmental protection, and/or meet other purposes of this chapter.
d. Private Agreements. The requirements of this chapter are not intended to interfere with, abrogate, annul, or repeal any agreement, covenant (e.g., CC&Rs), easement, or restriction between private parties. However, if this chapter conflicts with requirements imposed or required by other private agreements, covenants, or easements, the provisions of this chapter shall control. The Town shall not enforce, or take into consideration as part of an action, any private agreement, covenant, or restriction unless it is a party to the agreement, covenant, or restriction.
e. Other Permits May Be Required. Nothing in this chapter eliminates the need for obtaining other permits required by the Town or obtain other permits and/or following regulations of a special district or agency or State or Federal agency.
(Ord. #2015-06, §2)
32-1.4 Exercise of Discretion.
In the event that a provision of this chapter or a condition of approval imposed on a project or property through Town-approval of a discretionary planning entitlement allows the review authority to exercise judgment in the application of a specific development standard, land use, or condition of approval, the review shall include, but is not limited to, an analysis as to whether:
a. The proposed project complies with all applicable provisions of this chapter;
b. The exercise of authority will act to ensure the compatibility of the proposed project with its site and surrounding properties;
c. The manner in which authority is exercised will result in a more practical application of the provisions of this chapter given specific characteristics of the site and its surroundings; and
d. The decision is consistent with the intent of the general plan and any other applicable regulation or standard.
(Ord. #2015-06, §2)
32-1.5 Enforcement.
No land in the Town shall be used for any purpose not permitted under this chapter, nor shall any building or structure be erected, constructed, altered, moved or maintained contrary to this chapter. Any use of land, building or structure contrary to this chapter is unlawful and constitutes a public nuisance. On order of the Town Council, the City Attorney shall commence an action for the abatement and removal of any such nuisance and for an injunction preventing the further unlawful use of any land, building or structure violating this chapter. The remedies provided for in this section shall be cumulative and not exclusive.
(Ord. #2015-06, §2)
32-1.6 Nonconforming Uses.
a. Defined. Any lawful use of land or buildings existing prior to the adoption of this chapter, which use does not conform to the provisions of this chapter, shall be a nonconforming use and shall not be in violation of this chapter until the use is discontinued or ceases for any reason.
b. Repair - Rebuilding. If any building or structure constituting a nonconforming use is destroyed or damaged by fire, explosion, act of God or the public enemy, or other accident or catastrophe, or if an existing use of land is temporarily terminated, the building or structure may not be repaired or rebuilt if damaged in excess of fifty percent of its reasonable market value at the time of destruction or damage, without approval of a Land Use Permit application. Any existing, nonconforming use of land which is interrupted by any cause may lawfully be resumed within six months of the interruption.
c. Extension - Enlargement. An existing nonconforming use may be extended or enlarged only after the approval of a Land Use Permit by the Town.
(Ord. #2015-06, §2)
32-1.7 Utilities and Pipelines.
The use of land for rights-of-way for the construction, maintenance and repair of public utilities and publicly owned utilities, and for privately owned pipelines for the transportation of oil, gas, water, and other substances transportable by pipelines, is not regulated or restricted by this chapter. Accessory and appurtenant structures forming a part of public utilities, publicly owned utilities and pipelines are not regulated or restricted by this chapter except for setback regulations.
(Ord. #2015-06, §2)
32-1.8 Drainage Requirements and New Construction Adjacent to Major and Non-Major Channels.
a. Drainage facilities and all new construction shall be installed under a permit issued pursuant to this Chapter, adequate to meet and comply with the drainage design standards and requirements set forth in Chapter XXXI, Subdivision.
b. A permit for the installation of drainage facilities will not be issued until applications, plans and exhibits for such facilities are submitted which comply with the requirements of this section and Article I through Article V.
(Ord. #2015-06, §2)
32-1.9 Zoning Districts for Open Space.
To comply with the Government Code Section 65910 the following zoning districts are deemed to be zoning districts for open space when applied in conformance with the open space policies of the general plan: Agricultural Preserve District (A-4), General Agricultural District (A-2), and Planned Unit Development District (P-l). This section neither limits the use of these zoning districts to the implementation of general plan open space policies, nor precludes the Town from adopting additional ordinances to implement those policies.
(Ord. #2015-06, §2)
32-1.10 Water and Sewer Requirements.
Water supply and sewage systems and/or facilities required for any use, construction, structure, or other development to be established under a planning application approval issued pursuant to this Chapter shall comply with the Danville Municipal Code and obtain the approval of the East Bay Municipal Utility District, Contra Costa Health -Environmental Health Division, and/or the Central Contra Costa Sanitary District.
(Ord. #2015-06, §2)
32-1.11 Required Area Reduced by Public Use.
If part of a lot or parcel of land, which meets the minimum area requirement for its zoning district, is acquired for public use in any manner, including dedication, condemnation, or purchase, and if the remainder of the lot or parcel has not less than eighty percent of the area required for its land use district, the remainder shall be considered as having the required area, but front yard, side yard, and rear yard setback requirements shall be met. This provision does not apply to public right-of-ways or easements which are used for the purpose of vehicular access for the lot or parcel. If a lot or parcel of land has an authorized nonconforming status as to area under any Town ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below eighty percent of the existing nonconforming area. The setback, side yard, and rear yard requirements of the land use district shall be met, except for buildings or structures in existence at the time of public acquisition.
(Ord. #2015-06, §2)
32-1.12 Side Yards on Lots Established Before Effective Date.
Notwithstanding any other provisions of this chapter, minimum side yard setbacks for the first floor of a primary residence shall be permitted in any single family residential district, two family district, or multiple family residential district according to the following table for any lot or parcel of land which was established prior to December 12, 1978 by records in the Office of the Recorder for the area or district in which the lot or parcel of land is situated:
Width of Lot at Front Yard Setback | Minimum Aggregate Side Yard Allowed | Minimum Single Side Yard Allowed |
100 feet or less but more than 50 feet | 20 feet | 10 feet |
50 feet or less | 10 feet | 5 feet |
Side yard setbacks for any portion of the primary residence other than the first floor shall observe a minimum setback of an additional five feet beyond the minimum first floor setback, or meet the minimum side yard setback requirements for the applicable zoning district, whichever is less. (Ord. #2015-06, §2)
32-1.13 Accessory Structures in Rear Yards.
Accessory structures may occupy not more than thirty percent of a required rear yard area.
(Ord. #2015-06, §2)
32-1.14 Off-Street Parking.
a. Generally. Except as provided for in Section 32-45 (Downtown Business District), it is the intent of this Chapter that all land uses shall be provided with sufficient space located off-street for the parking of vehicles to meet the needs of persons employed at or making use of such land uses. No planning application or building permit for the erection of a new structure or for the enlargement of an existing structure, or for the development of a land use, shall be approved unless it includes off-street parking facilities as required by this Chapter.
b. Application to Existing Land Uses. Land uses in existence (i.e., occupied by a structure) on July 1,1982, shall not be subject to the requirements of this chapter, provided that any off-street parking facilities now required or serving such land uses shall not, in the future, be reduced below these requirements. Any expansion of the use resulting in a higher parking demand shall be subject to the requirements of this Chapter.
c. Fractional Parking Space. Where the computation of required off-street parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one.
d. Mixed Uses. Where property is occupied or intended to be occupied by two or more establishments falling into different classes of uses, the off-street parking required shall be the sum of the requirements for the various individual establishments, computed separately; off-street parking provided for one use shall not be considered as being provided for any other use.
e. Location. Required off-street parking shall normally be provided on the same lot or premises as the main use it serves. Where this is impractical, the decision making authority, by approval of a Land Use Permit, may authorize provision for parking on any parcel located within two hundred (200') feet of the lot containing the main use. Any allowed off-site parking shall be available for the subject use, and shall not be counted toward the required parking supply for any other concurrent use.
f. Design and Layout. Off-street parking areas shall be designed in such a manner as to conform to the following regulations, subject to review and approval by the decision making authority:
Angle of Parking Degrees | Stall Width | Curb Length | Stall Depth | Driveway Width |
Angle of Parking Degrees | Stall Width | Curb Length | Stall Depth | Driveway Width |
0 | 9 ft. 0 in. | 23 ft. 0 in. | 9 ft. 0 in. | 12 ft. 0 in. |
20 | 9 f t . 0 i n . | 26 ft. 4 in. | 15 ft. 0 in. | 11 ft. 0 in. |
30 | 9 f t . 0 i n . | 18 ft. 0 in. | 17 ft. 4 in. | 11 ft. 0 in. |
40 | 9 f t . 0 i n . | 14 ft. 0 in. | 19 ft. 2 in. | 12 ft. 0 in. |
45 | 9 f t . 0 i n . | 12 ft. 9 in. | 19 ft. 10 in. | 13 ft. 0 in. |
50 | 9 f t . 0 i n . | 11 ft. 9 in. | 20 ft. 5 in. | 12 ft. 0 in. |
60 | 9 f t . 0 i n. | 10 ft. 5 in. | 21 ft. 0 in. | 18 ft. 0 in. |
70 | 9 ft. 0 in. | 9 ft. 8 in. | 21 ft. 0 in. | 19 ft. 0 in. |
80 | 9 ft. 0 in. | 9 ft. 2 in. | 20 ft. 4 in. | 26 ft. 0 in. |
90 | 9 ft. 0 in. | 9 ft. 0 in. | 19 ft. 0 in. | 28 ft., 0 in. |
1. Thirty percent (30%) of the total required parking may be provided in compact parking stalls. A compact stall shall be at least eight by sixteen (8' x 16') feet in size including allowable overhang and shall be marked with standard pavement markings.
2. All off-street parking facilities shall be designed with appropriate maneuvering areas and means of vehicular access to the main and auxiliary streets. Where the parking area does not abut on a street, there shall be provided an access drive not less than twelve feet in width in the case of one-way traffic, and not less than twenty feet in width in all other cases, leading to the parking area in such a manner as to secure the most appropriate development of the property in question.
3. Required off-street parking areas shall be surfaced with an asphaltic or Portland cement binder pavement, or similar material so as to provide a durable and dustless surface, and shall be so graded and drained as to prevent the ponding of water.
4. Parking areas shall not be used for automobile sales, storage, repair work, dismantling or servicing of any kind.
5. A planter or landscaped strip at least four feet in width shall be provided adjacent to street rights-of-way. Dead corners and other waste areas shall be landscaped to provide a visual break in the paved area. Parking areas of more than five parking spaces shall provide, in addition to the required parking area, an area equal to not less than five percent of the total parking area devoted to landscaping. Within this planter or landscaped strip, an irrigation system shall be installed. Such a landscaped strip or planter shall be provided to create the necessary visual and physical break between the pedestrian traffic utilizing the sidewalks along the streets and the vehicular traffic in the parking area, and by this means, substantially reduce the traffic hazard to the pedestrian.
6. Parking spaces shall be marked or maintained on the pavement and any other directional marking or signs shall be installed as permitted or required by the decision making authority, to insure the maximum utilization of space, sufficient traffic flow, and general safety.
7. Lighting, if provided, shall be directed downward and away from residential areas and public streets so as not to produce a glare as seen from such areas, in order to insure the general safety of other vehicular traffic and the privacy and well-being of the residential areas, and the lighting intensity shall be no greater than reasonably required to light the parking area.
8. Access to public parking areas and curb cuts for driveways shall be located to insure an efficient and safe traffic flow into the parking areas and along the public streets.
9. Parking areas shall be designed so that if a vehicle overhangs a sidewalk or landscape area, the sidewalk maintains minimum accessible width requirements and that the landscaping is low enough for the vehicle to overhang.
10. Within any of the commercial, industrial and multiple family residential zones, parking areas shall be designed so that vehicles are not permitted to back out of the parking areas onto streets.
11. A six feet high, solid fence, or seven foot tall fence if the top one-foot is a lattice design, or masonry wall of acceptable design, shall be provided along the edge(s) of any public parking areas adjacent to residentially zoned property to protect these residential properties from the interruption and nuisances of the vehicles using the parking areas.
12. A barrier curb or wheel stop at least six (6") inches in height shall be provided adjacent to landscaping which a vehicle cannot overhang, buildings, and other areas to prevent damage to these facilities by the vehicles utilizing the parking areas.
g. Maintenance and Operation. All required parking facilities shall be provided and maintained in a safe and functional condition so long as the use exists which the parking facilities were designed to serve. Off-street parking facilities shall not be reduced in total area, except when such reduction is in conformity with the requirements of this Chapter.
h. Common Parking Facility. Nothing in this Chapter shall be construed to prevent the joint use of off-street parking for two or more land uses on the same property if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the requirements of this Chapter.
i. Number of Required Spaces. Off-street parking spaces shall be provided for each land use on the basis of the following schedules:
1. Hotels and motels: One (1) space for each sleeping unit;
2. Hospitals: One (1) space for each two (2) beds;
3. Sanitariums, convalescent homes, rest homes, nursing homes: One (1) space for each three (3) beds;
4. Churches: One (1) space for each three (3) seats;
5. Bowling alleys: Seven (7) spaces for each alley, plus one (1) space for each two (2) employees;
6. Rooming and lodging houses: One (1) space for each bedroom;
7. Theaters: One (1) space for each four (4) seats;
8. Sports arenas: One (1) space for each four (4) seats;
9. Auditoriums: One (1) space for each four (4) seats;
10. Nightclubs, cocktail lounges and restaurants: One (1) space for each three (3) seats;
11. Medical and dental offices: Five (5) spaces for each doctor or dentist;
12. Banks; business and professional offices, other than medical and dental offices: One (1) space for each two hundred twenty-five (225') feet of gross floor area;
13. Retail stores and shops, except as otherwise specified herein: One (1) space for each two hundred fifty (250) square feet of gross floor area;
14. Commercial service, repair shops and wholesale establishments: One (1) space for each five hundred (500) square feet of gross floor area;
15. Retail stores which handle only bulky merchandise, such as furniture, household appliances, and motor vehicles: One (1) space for each five hundred (500) square feet of floor area;
16. Warehouses and other storage buildings: One (1) space for each one thousand (1,000) square feet of gross floor area;
17. Mortuaries: One (1) space for each fifty (50) square feet of gross floor area in chapel areas;
18. Assembly halls without fixed seats: One (1) space for each forty (40) square feet of gross floor area;
19. Retail and wholesale establishments conducted primarily outside of buildings: One (1) space for each two (2) employees;
20. For a use not specified in this section, the same number of off-street parking spaces shall be provided as are required for the most similar specified use or as may be found appropriate based on Institute of Transportation Engineers (ITE) Trip Generation Manual or other industry standards.
j. Loading Spaces. In any district, in connection with every building or part thereof, hereafter erected or enlarged, which is to be used for manufacturing, storage, warehousing, goods display, retail sales, wholesaling, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of materials, there shall be provided and maintained on the same lot with such building, off-street loading spaces as per the following schedule:
10,000—20,000 square feet of gross floor area, one (1) space;
20,001—30,000 square feet of gross floor area, two (2) spaces;
30,001—45,000 square feet of gross floor area, three (3) spaces; and
45,001—75,000 square feet of gross floor area, four (4) spaces.
Plus one space for each additional seventy-five thousand (75,000) square feet of gross floor area.
In addition, the following requirements shall be provided:
1. No loading operation for any use required to provide off-street loading space, nor the parking of any vehicle incident to such loading operation, shall be permitted within any street right-of-way.
2. Each off-street loading space shall have a minimum width of ten (10') feet, a minimum length of thirty-five (35') feet, and a minimum clear-height of fifteen (15') feet.
3. Off-street loading spaces required by this section shall be separately and permanently maintained as such, and shall be used only for this purpose. No part of a required loading space shall be encroached upon by buildings, storage, or any other activity.
4. Each off-street loading space shall be accessible from a public street and shall not be located within the required front yard or side yard, nor cause trucks to encroach upon the front yard or side yard during the process of loading or unloading.
k. Variances. Variances for any of the requirements in this article may be granted by the decision making authority.
(Ord. #2015-06, §2)
32-1.15 Site Obstructions at Intersections.
a. Obstructions Prohibited. No structure (including but not limited to fences, retaining walls, and signs) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a State highway, public or private road, or street with another State highway, public or private road, or street, shall be constructed, grown, maintained or permitted higher than two and one-half (2 1/2') feet above the curb grade, or three (3') feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines twenty-five (25') feet back from the point of their intersection or in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way or vehicular access easement line and a diagonal line joining points on the tangents twenty-five (25') feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.
b. Exceptions. This chapter shall not apply to existing public utility poles, or existing permanent structures or existing supporting members of appurtenances thereof; official traffic signs or signals; or corners where the contour of the land itself prevents visibility.
c. Violation - Notice. If the Town determines that a violation of this Chapter exists, written notice shall be given to the owner, tenant, or person having possession, charge or control of the premises on which the violation exists. The notice may be given by registered or certified mail. The notice shall designate the obstruction and shall direct that the obstruction be removed within ten days after receipt of the notice. The notice shall also recite the right of appeal provided for in subsection 32-4.7. It is unlawful for the person to whom the notice is addressed to fail to remove the obstruction within the ten day period unless within the period an appeal is filed as provided for in subsection 32-4.7.
d. Appeal. The owner, tenant, or person having possession, charge or control of premises may appeal the determination of the Town under subsection 32-4.7, or may seek a variance from the terms of this chapter.. Upon such application, the decision making authority may review the determination of the Town, if the application is an appeal therefrom, and in any case if it determination of the Town, if the application is an appeal therefrom, and in any case if it determines that a violation of this chapter exists or is proposed or planned, may grant, grant conditionally, or refuse to grant a variance from the terms of this chapter.
e. Removal after Appeal. Within ten days after the decision making authority determines that the obstruction must be removed, the applicant shall remove the obstruction.
(Ord. #2015-06, §2)