A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

   a.   Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

   b.   Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

   c.   A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

   d.   Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

      1.   The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.

      2.   The sale of small, non-food items such as cigarettes, key chains, pens and maps.

      The sale of alcoholic beverages is prohibited.

   e.   Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §8-4301)

   a.   Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following additional requirements:

      1.   No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;

      2.   The structure shall meet building code standards for the proposed permitted use;

      3.   Each gasoline storage tank shall be filled with a suitable material or removed;

      4.   Bay doors shall be removed and replaced with a permanent wall;

      5.   Driveway and curb cuts shall be reconstructed to suit the proposed use;

      6.   Above ground pumps, islands and canopies shall be removed;

      7.   The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and

      8.   The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

   b.   Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

      1.   The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.

      2.   The sale of alcoholic beverages is prohibited.

      3.   In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

   The purpose of this section is to implement the Public Facilities Section of the Danville General Plan (policies 7.11, 7.12 and 7.13); implementation strategy (D12) which calls for encouraging the development of quality child care in Danville; and further, to achieve the desired ratio of one (1) child care space per forty (40) residents Town wide, as identified in the Townwide Child Care Needs Assessment prepared as background to this section. Provision of quality child care requires a partnership between public and private participants and is necessary to promote the health and welfare of the citizens of the Town. The Town's responsibility shall be to establish land use policies and ordinances which promote the establishment of child care facilities and the initiation of child care services in the community. Establishment of such child care facilities and initiation of child care services will help satisfy the child care infrastructure requirements associated with new growth. It shall be the responsibility of new development to address child care needs associated with the development of new residential and non-residential projects within the Town. (Ord. #89-2, §8-5701)

   As used in this chapter unless otherwise provided:

   Child care facility means an existing or proposed child care facility including the site, building, equipment, and any accessory structures in which there are programs and personnel licensed by the State to provide child care services including but not limited to shelter, food, education and plan opportunities for fewer than twenty-four (24) hours per day.

   Child care program means any preschool age or school age care program conducted within the following facilities:

   a.   Small family day care home (a facility licensed for the care of six (6) or fewer children)

   b.   Large family day care home (a facility licensed for the care of seven (7) to twelve (12) children)

   c.   Child care center (a facility licensed for the care of more than twelve (12) children)

   Multiple family residential means attached residential structures including for-rental apartments or for-sale condominiums.

   Occupancy means the actual physical inhabitation or use of a residential or non-residential building following completion of a final building inspection.

   Project means a proposal for the development of improved or unimproved land, requiring the granting of an entitlement whether residential or nonresidential or both, which conforms to Town of Danville requirements. A project includes but is not limited to the development of a lot or parcel or larger acreage, conversion of an existing use to a different use, and expansion of a use.

   Single family residential means a detached or attached residential structure including detached, patio or zero lot line, duplex and townhouse units.

(Ord, #89-2, §8-5702)

   The provisions of this section shall apply to:

   a.   The developer of a residential project of one (1) or more dwelling units.

   b.   The developer of a non-residential project having a gross floor area of two thousand five hundred (2,500) square feet or more.

(Ord. #89-2, §8-5703)

   Any child care facility provided as part of a project shall be permitted in all zoning districts except those designated as industrial. Child care facilities not a part of a project as defined by this section shall be subject to the Town's regulations and zoning ordinance. (Ord. #89-2, §8-5704)

   The following projects or uses are exempt from the provisions of this section:

   a.   Single family remodel or expansion;

   b.   Non-residential development of less than two thousand five hundred (2,500) gross square feet;

   c.   Child care facilities;

   d.   Schools;

   e.   Hospitals;

   f.   Churches;

   g.   Senior housing projects;

   h.   Second residential units as defined by Section 32-76 of the Danville Municipal Code;

   i.   Units dedicated for persons of low and moderate income through official agreement with the Town of Danville;

   j.   The significant repair or reconstruction of any structure due to damage from fire or other acts of God such that no intensification or enlargements of the use or structure occurs.

(Ord. #89-2, §8-5705)

   Prior to issuance of a building permit for any project defined herein, developer shall pay a fee or participate in the construction or establishment of child care facilities in accordance with the following:

   a.   Fees. The per unit fee shall be computed as follows:

      1.   Residential. For residential development the fee shall be determined by determining the number of preschool age and school age children per unit, multiplied by the percentage of residents anticipated to desire child care, multiplied by the per child cost of providing child care in Danville. For Danville this formula is computed as follows:

         (a)   For single family residential development this formula is .61 x .22 x $2490 for a fee of three hundred thirty five ($335.00) dollars per unit.

         (b)   For multi family residential development this formula is .21 x .22 x $2490 for a fee of one hundred fifteen ($115.00) dollars per unit.

      2.   Non-residential. A fee of twenty-five ($0.25) cents per square foot of net leasable area.

   b.   Facilities in Lieu of Fees. Residential projects which exceed fifty (50) units, and non-residential projects may satisfy child care requirements by participating in the construction or establishment of child care facilities in lieu of paying fees as stipulated in subsection 32-126.6. Such participation shall be determined and secured as follows:

      1.   The developer shall prepare a survey or assessment of the estimated child care needs generated by the proposed project together with an action plan addressing how the child care needs resulting from the project will be mitigated. The action plan shall include information on the location and capacity of existing or proposed child care facilities and how these will be used, established, maintained and operated. If the action plan recommends that child care facilities be provided by existing facilities or through proposed facilities which are not a part of the project, the developer shall provide sufficient information to determine that child care needs generated by the project shall be mitigated. The child care survey or assessment may be prepared by a qualified consultant or by the developer using the preschool and school age child yield rates contained in subsection 32-126.6a.,1 and 2 of this section, as approved by the Chief of Planning.

      2.   The Planning Department shall determine the type and extent of participation in the construction or establishment of facilities.

      3.   The Chief of Planning shall require the developer to submit written verification that these requirements have been met. This verification shall be sufficient to enable the Chief of Planning to readily determine compliance with the provisions of this section.

(Ord. #89-2, §8-5706)

   The Town of Danville shall establish a separate fund within which shall be placed all fees collected pursuant to this section. These funds shall be utilized in the following order of priority:

   a.   Establishment of school age child care facilities upon the campuses of Montair, Green Valley and any future elementary school sites constructed within the Town of Danville. Such sites shall be operated by a State licensed and qualified non-profit child care provider selected by the Town of Danville and the San Ramon Valley Unified School District based upon the following criteria:

      1.   Documented education, training and experience of provider and staff in managing and operating the type and size of facility proposed to be established;

      2.   Documented experience of the provider in the construction, establishment and start up of new child care facilities, including the ability to secure equipment and supplies for the proposed facility;

      3.   Evidence furnished by the provider that the program facilities, services and staff will meet or exceed quality and safety requirements established by the State of California.

      4.   Nature of facility ownership and program operation (whether owner-operated, profit or non-profit), financial resources and business management experience of applicant.

   b.   Purchase of land to be used for the development and ongoing operation of preschool age or school age child care facilities within the Town of Danville. Upon purchase of a site, the Town shall offer the site for lease or sale based upon establishment of a reduced purchase price. The Town shall solicit proposals from qualified child care providers, and select a provider to develop and operate a facility based upon the criteria identified in subsection 32-126.7a.,1 through 4.

   c.   Child care sites acquired, constructed or improved under this section must be utilized for the ongoing operation of preschool or school age child care consistent with the proposal submitted by the child care provider to the Town. Persons acquiring property or receiving funds under this section shall be required to enter into a written agreement with the Town setting forth the permitted uses of the property and providing for appropriate restitution to the Child Care Fund if a site developed under this section is subsequently used for different purposes or resold to other parties.

(Ord. #89-2, §8-5707)

   Upon receipt of an application to establish or expand a preschool or school-age child care facility, the Chief of Planning shall have the authority to reduce application filing fees required pursuant to Danville Ordinance No. 136, "Fees for Planning and Related Services." The City Engineer shall have the authority to reduce fees associated with extraordinary off site improvement costs for any preschool or school age child care project. (Ord. #89-2, §8-5708)

   For residential projects which do not provide Covenants, Conditions and Restrictions, or similar documents, the developer of the project shall provide deed notification to all purchasers or lessees that a child care facility for up to twelve (12) children may be located at any residential unit or lot or in any common area or facility within the project. (Ord. #89-2, §8-5709)

   For residential projects which provide Covenants, Conditions and Restrictions or similar documents the developer shall include notice through the CC & Rs that a child care facility for up to twelve (12) children may be located at any residential unit or lot or in any common area or facility within the project. (Ord. #89-2, §8-5710)

   This section shall be administered by the Planning Division of the Town of Danville, with the exception of subsection 32-126.7 "Child Care Fund" which shall be administered by the Department of Administrative Services. (Ord. #89-2, §8-5711)

   This section regulates the installation of satellite antennas and microwave equipment in all zoning districts within the Town. (Ord. #66-85, §8-2001)

   The Council finds that the installation of satellite and microwave antennas and equipment can, unless controlled, affect the aesthetic and safety values of agricultural, residential, commercial and industrial areas. Therefore, the installation of these antennas and equipment is regulated to result in locations which are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. (Ord. #66-85, §8-2002)

   Microwave receiving antenna means a device designed to receive signals transmitted from ground-mounted transmitters.

   Satellite antenna means a device designed to receive signals transmitted from orbiting satellites.

(Ord. #66-85, §8-2003)

   A satellite antenna installed in any zoning district shall comply with the following general criteria:

   a.   A setback equal to the height of the antenna or the setback which applies to the principal structure, whichever is greater, is required between the property line and any part of the antenna. In addition, installation is prohibited between any street and principal building on the site, except as provided in subsection 32-130.4b. below.

   b.   In any case where a lot backs up to a public right-of-way or private street, a setback of fifteen (15') feet is required between the public right-of-way or the curb of a private street and any portion of the satellite antenna.

   c.   The maximum height of the antenna shall be twelve (12') feet measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it.

   d.   All wires and/or cables necessary for the operation of the antenna or reception for the signal shall be placed underground except those wires or cables attached flush with the surface of a building.

   e.   An antenna may not be installed with the use of guy wires.

   f.   An antenna may not have a highly reflective surface or color. In addition, colors should be subdued.

   g.   No more than one (1) antenna is allowed on a parcel.

   h.   Landscaping or solid screening shall be installed around an antenna to screen it from adjacent public streets, public areas of the development or adjacent properties. No such screening is required when the antenna is located such that it is not visible from adjacent public streets, public areas of the development or adjacent properties.

   i.   Additional landscape screening shall be installed around an antenna located in a hillside area where visibility from surrounding areas is greater.

   j.   A satellite antenna may not be installed on the roof of a structure.

   k.   An antenna shall be maintained in an operational state with no structural defects or visible damage.

   l.   The design and location of a satellite antenna must be approved by the Chief of Planning. The Chief of Planning shall establish application procedures and may require such plans and supplemental information as may be needed to properly review the application.

(Ord. #66-85, §8-2004)

   Microwave receiving antenna installation shall comply with the following criteria:

   a.   A microwave receiving antenna installed in a residential zoning district or residential area of a planned unit district shall comply with the following:

      1.   The antenna may not exceed eighteen (18") inches in diameter and shall be mounted on a building or roof.

      2.   If installed on a roof, the highest point of the antenna may not extend higher than the diameter of the antenna above the roof surface directly under the antenna.

      3.   The design and location of the antenna are subject to approval by the Chief of Planning.

   b.   A microwave receiving antenna installed in any non-residential zoning district or non-residential portion of a planned unit district shall comply with the following:

      1.   Installation is prohibited in any required front or street side yard setback area.

      2.   All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building.

      3.   An antenna may not be installed with the use of guy wires.

      4.   The antenna shall be placed on the site so as not to interfere with on-site pedestrian or vehicular circulation.

      5.   Landscaping or solid screening shall be installed around the base of any tower so as to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation.

      6.   The design and location of the antenna are subject to approval by the Planning Commission.

   c.   An antenna shall be maintained in an operational state with no structural defects or visible change to the antenna or its structure.

(Ord. #66-85, §8-2005)

   Microwave transmitting and relay equipment may be installed in any zoning district except residential districts or residential areas of planned unit districts subject to obtaining a land use permit, and subject to all requirements of subsection 32-130.5b. (Ord. #66-85, §8-2006)

   A land use permit for microwave transmitting and relay equipment (subsection 32-130.6) or a variance permit to modify the provisions in subsections 32-130.4 through 32-130.6 may be granted in accordance with the procedure in Sections 32-3 and 2-8, respectively. (Ord. #66-85, §8-2007)

   This section supplements and is in addition to other regulatory codes, statutes and ordinances. (Ord. #66-85 §8-2008)