Danville City Zoning Code
ARTICLE VI
DISTRICT REGULATIONS
32-22.1 Purpose.
The purposes of the single family residential districts are to:
a. Assure that future development complement Danville's existing small town character and established quality of life.
b. Integrate new development in a manner that is visually and functionally compatible with the physical character of the surrounding community.
c. Preserve, protect and enhance appropriately located areas for residential land use, consistent with the Town-wide design guidelines, the General Plan and with standards of public health and safety.
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.
(Ord. #2023-05, § 2)
32-22.2 Definitions.
Words and Phrases as used in the Chapter Defined.
Abut or abutting shall mean having property lines, street lines, building lines, and/or zoning boundaries in common.
Accessory dwelling unit shall mean a dwelling unit, attached or detached to the primary dwelling, which provides complete independent living facilities with accommodations for a kitchen, living, sleeping, eating, and bathroom on the same parcel as a primary structure on a residentially zoned site. Accessory dwelling units shall be consistent with the requirements of Section 32-76.
Accessory structure shall mean a structure that is physically detached from, secondary and incidental to, and commonly associated with a primary structure on the same parcel. Accessory structures include garages, car ports, greenhouses, gazebos, sheds, arbors, pergolas, cabanas, pools, spas, play structures, and similar structures. An Accessory Dwelling Unit as described in Section 32-76, fences, and retaining walls shall not be considered accessory structures for purposes of this section.
Accessory use shall mean a use customarily incidental to, related but clearly subordinate to a primary use on the same parcel.
Animal, domestic or Domestic animal shall mean any animal customarily kept by humans for companionship, including domesticated dogs and cats, non-restricted birds (e.g., canaries, parrots, parakeets, and the like), rabbits or hares, and hamsters, mice, guinea pigs and similar animals.
Antenna, private or private antenna shall mean a system of wires, rods, reflecting discs or similar devices used for the wireless transmission or reception of electromagnetic waves for the sole benefit of the occupant of the residential structure.
Apartment unit shall mean a room or a group of related rooms, among similar sets in one (1) building, including facilities for cooking, sanitation, plumbing, heat, light and ventilation, and means of ingress and egress, designed for and occupied by one (1) or more persons living as a single housekeeping unit, and usually leased as a dwelling.
Arbor shall mean an attached or detached structure, which is generally constructed with a non-solid roof design, used to define a point of entry or to denote the division of two (2) areas. Arbors are often constructed with latticework and covered with climbing shrubs or vines.
Aviary shall mean a coop, pen, cage, or other similar structure which serves as an enclosure to house one (1) or more birds, other than poultry.
Basement shall mean any area of a building which is wholly or partially below ground level. If not wholly below ground, the ceiling of the basement area cannot be located more than six (6) feet above the adjacent finished grade.
Bed and Breakfast shall mean a small lodging establishment that offers overnight accommodations and breakfast with no more than five (5) rooms available for commercial use.
Breezeway shall mean a roofed, open-sided structure serving as a passageway connecting structures and/or buildings.
Building shall mean any structure with a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or property.
Building height shall mean the vertical distance between the average of the highest and lowest pad elevation within the footprint of the structure (measured at natural grade or finished grade, whichever is lower) to the highest point of the structure. Architectural projections such as spires, weather vanes, and chimneys may extend an additional three (3) feet above the applicable height limit. For building height in a scenic hillside or major ridgeline area, see Section 32-69.
Cabana shall mean a structure, typically constructed for use in conjunction with the use of a swimming pool and/or a spa, that provides shade, may be used as a dressing room, may include bathroom facilities (i.e., toilet, sink, bathtub and/or shower facilities) and may include partial kitchen amenities (i.e., refrigerator, sink, dishwasher, but no stove or oven).
Cemetery shall mean a spatially defined area where the remains of dead people or domestic pets are buried or otherwise interred, which may include any one or any combination of following:
1. A burial park for earth interments;
2. A mausoleum for crypt or vault interments; and/ or
3. A columbarium for cinerary interments.
Child care center shall mean a commercial facility established for the caring for and supervision of fifteen (15) or more children. A child care center includes the care of children of all ages, including pre-school, nursery school, and day care.
Community care facility shall mean a California Department of Social Services licensed facility that provides non-medical residential care, day treatment, adult day care, foster family agency services, including physically or mentally handicapped, incompetent persons, and abused, neglected, or medically fragile children, and Alcohol and Drug Programs (ADP) involving individuals in recovery from drug or alcohol addiction, as further defined under California Health and Safety Code Section 1502.
Contractor's yard, including corporation yards, public utility yards, or general service yards shall mean buildings and premises used for the storage and maintenance of vehicles and/or equipment and/or materials involved in construction, installation, maintenance, and/or landscaping on other property.
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.
Cottage food operation shall mean a specialized home occupation use in a dwelling unit where low-risk food products are prepared or packaged for sale to consumers and as more particularly defined in California Health and Safety Code Section 113758, as may be amended.
Day Care Home, Family shall mean an in-home child care operation that provides care for fourteen (14) or fewer children and is in compliance with Section 1597.30 et seq. of the California Health & Safety Code.
Deck or platform, elevated shall mean structures that are either attached or detached from the primary structure that are greater than thirty (30) inches in height above finished grade.
Deck or platform, ground-level shall mean structures that are either attached or detached from the primary residential structure that are not more than thirty (30) inches in height above finished grade.
District shall mean a portion of Danville within which certain uses of land, buildings, and structures are permitted; certain other uses of land, buildings, and structures are not permitted; certain yards and other open spaces are required, and certain minimum lot areas, development standards, and maximum heights are established for land, buildings and structures, under the regulations of this section.
Duplex shall mean a building constructed for use as a dwelling unit and designed for occupation as the residence of two (2) families living independently of each other.
Dwelling unit shall mean a room or suite of rooms designed or occupied as separate living quarters for one (1) of the persons or groups specified as a family by this chapter.
Emergency shelters 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.
Family shall mean an individual or collective body of persons in a domestic relationship whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, sharing household activities and responsibilities such as meals, chores, household maintenance and expenses. If the unit is rented, this means that all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease for the entire dwelling, with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
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.
Fence shall mean a constructed barrier of wood, metal, masonry, or other material that is intended to enclose, separate, define, secure, protect, and/or screen one (1) or more areas of a site, including open wire fencing, decorative metal or wrought iron, chain link fence, or safety fencing.
Flag Lot shall mean a lot with a fee ownership strip extending from a vehicular right-of-way or access easement to the buildable area of the lot.
Frontage, primary or primary frontage or front shall generally mean the side of a lot which abuts a road, street, highway, right-of-way, or vehicular access easement towards which the front of the primary residence is oriented and/or where the primary residence's driveway is located between the street and the garage.
Frontage, secondary or secondary frontage or front shall generally mean the side of a lot which abuts two (2) or more roads, streets, highways, right-of-ways, or vehicular access easements which is not determined to be the primary frontage as defined herein.
Garage, private or Private garage shall mean a structure, or portion thereof, in which only private or pleasure-type motor vehicles used by the owners or resident tenants of the site are stored or kept.
Greenhouse, residential or Residential Greenhouse shall mean temporary or permanent accessory structures typically made of, but not limited to, glass, plastic and/or fiberglass in which plants are cultivated for private, non-commercial consumption by the occupants of the site, except as allowed for as part of a Cottage Food Operation as defined under this section.
Group home or housing shall mean any living situations that are non-medical and not for temporary use that accommodates unrelated individuals, including but not limited to licensed and alcohol and drug treatment facilities, unlicensed sober living environments, licensed board and care homes for the elderly including convalescent or rest homes and nursing homes, licensed homes for minor children, licensed homes for mental patients, licensed homes for developmentally disabled, and single room occupancy (SRO) projects. Group homes typically involve a living arrangement where either support services are provided to the occupants, where cooking, living or support sanitation facilities are shared in common between the occupants, or where there is a formal program establishing rules of conduct and purpose of the facility.
Health Facility shall mean a facility, place or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation, and care during and after pregnancy. Health facilities include general acute care and psychiatric hospitals, skilled nursing facilities, intermediate care facilities including developmentally disabled, congregate care, correctional treatment facilities, and hospice facilities, and as further defined under the California Health and Safety Code Section 1250.
Home occupation shall mean the narrow range of commercial or professional activities, conducted as incidental and accessory uses to the residential use of a property.
Horticulture shall mean the science of agriculture involving the skill or occupation of cultivating plants, especially flowers, fruit, and vegetables, in gardens or greenhouses. Horticulture involves working small plots of land with the aid of only simple gardening tools.
Intermediate Care Facility shall mean twenty-four (24) hour personal care, developmentally disabled habilitation and nursing or congregate living health facility, development and supportive health services in compliance with California Health and Safety Code Sections 1267.8 and 1267.9.
Junior Accessory Dwelling Unit shall mean a dwelling unit which has been converted from existing living space or is contained within the proposed plans for a new residence, which provides complete independent living facilities with accommodations for a kitchen, living, sleeping, eating, and bathroom, and is no larger than five hundred (500) square feet.
Kitchen shall mean any room or space within a building used, or intended to be used, for the cooking or preparation of food, which includes all of the following: refrigerator, cooking facilities (i.e.; stove, oven, and/or range top), and sink.
Livestock shall mean domestic hoofed animals such as horses, donkeys and mules or domestic cattle, goats, sheep, llamas, or swine.
Lot shall mean an area of land occupied by, or to be occupied by, a building or buildings and structures accessory thereto, together with such open and yard spaces as are required by this chapter in computing the area of a lot, those portions lying within the boundaries of an existing or proposed public or private road, street, highway, right-of-way, or easement owned, dedicated or used for purposes of vehicular access to the lot shall not be included in order to satisfy minimum area, yard or dimensional requirements.
Lot; average width or Average lot width shall mean the total area of the lot divided by the depth of the lot.
Lot depth or Depth of a lot shall mean the distance perpendicular to the frontage to the point of the lot farthest from the frontage.
Lot, double frontage or double frontage lot shall mean a lot with a vehicular right-of-way or vehicular access easement along two (2) non-contiguous property lines.
Lot frontage or Frontage of a lot shall mean the distance measured between the two (2) points on the vehicular right-of-way or vehicular access easement that are farthest apart.
Multiple family buildings shall mean a single building or structure containing multiple dwelling units, including townhouses, condominiums, and apartments.
Nonconforming structure shall mean a structure that was legally established and maintained that does not conform to this chapter for the district in which it is situated, and does not comply with the current setback, height limit, and/or other applicable requirements of this chapter.
Nonconforming use shall mean a use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained that does not conform to this chapter for the district in which it is situated.
Pergola shall mean a detached structure used to define an outdoor space, typically larger than an arbor, which characteristically uses columns and is topped with beams and open rafters to provide partial shade protection but may also be constructed with solid roof sheathing.
Personal property sales, commonly referred to as garage sales, shall mean the sale of used household or personal articles, such as furniture, tools, or clothing, held on the sellers own premises.
Porch, front or Front porch shall mean an architectural feature with a floor-like platform structure attached to the exterior elevation of a residence, is external to the conditioned living space, has direct access to the street level of the building, and is covered only by a roof or eave.
Primary structure shall mean the single family residence on the lot.
Primary use shall mean the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.
Residential Care Facilities shall mean California Department of Social Services licensed non-medical facilities which provide long-term care to adults or children which stay in a residential setting rather than in their own home. Occupants may include persons with chronic life threatening illness including HIV or AIDS, or the elderly. Residential care facilities provide room, board, housekeeping, supervision, and personal care assistance with basic activities such as bathing and grooming, as further defined under the California Health and Safety Code Section 1568.0831.
Sight distance triangle shall mean the triangular area bounded by the right-of-way lines (public or private) which approach a corner 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 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.
Single family residence shall mean a room or group of permanently affixed internally connected rooms that do not share any walls in common with another dwelling unit, and includes sleeping, eating, and sanitation facilities. This definition includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code, and manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundations. Attached single family residences, including condominiums, townhouses, and row houses are included under the definition of “multifamily dwelling.” A detached single family residence may include an accessory dwelling unit and/or junior accessory dwelling unit which is in conformance with Section 32-76.
Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six (6) feet above the ground adjacent to the building for more than fifty percent (50%) of the total perimeter, such basement, cellar or unused under-floor space shall be considered a story not a basement.
Story, half or Half story shall mean that portion of a building under a gable, hip or gambrel roof, the top wall plat of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such building portion.
Storage shed, portable or portable storage shed shall mean those structures that are freestanding and moveable, have no permanent foundation, are less than one hundred twenty (120) square feet in area, and have a building height no greater than eight (8) feet as measured at the highest pitch of the roof, and contain no plumbing or electrical installations
Structure shall mean anything constructed or erected on and permanently attached to land, except: (1) fences with a maximum height of six (6) feet, or retaining walls with a maximum height of three (3) feet or any combination thereof not over six (6) feet high; (2) sidewalks, at grade patios or other flat work, gateways, pipes, meters, meter boxes, manholes, and mailboxes; and (3) poles, wires, pipes and other devices, and their appurtenant parts, for the transmission or transportation of electricity and gas for light, heat or power, or of telephone and telegraphic messages, or of water.
Supportive housing shall mean housing with no limit on length of stay, that is occupied by a target population, and that is linked to on or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximize his or her ability to live and, when possible, work in the community, as defined under California Government Code Section 65582(f).
Target population shall mean persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people, as defined under Government Code Section 65582(g).
Transitional housing shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and circulation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months of the assistance, as defined under California Government Code Section 65582(j).
Trellis shall mean an attached or detached structure, characteristically constructed with a tighter weave of open framework or intersecting pieces called lattice, typically with a horizontal design to shade spaces or vertically to divide them.
Viticulture shall mean the science, art, or process of cultivating grapevines and the growing of grapes.
Yard; front or Front yard shall mean an open area extending across the front of a lot, measured toward the rear of the lot to the nearest line of any building on it. The area between the setback line and the boundary line that determines the position of the setback line shall constitute the front yard of the lot.
Yard; rear or Rear yard shall mean an open area extending across the rear of a lot, measured from the rear line toward the front to the nearest line of any building on the lot.
Yard; side or Side yard shall mean an open area between each line of a lot and the nearest line of any building on the lot and extending from the front line to the rear line of the lot.
(Ord. #2023-05, § 2; Ord. #2024-01, § 12)
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, and R-100 Single Family Residential Districts):
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 (3) dogs and/or three (3) cats over the age of four (4) months;
4. Publicly or privately owned parks and playgrounds;
5. Group Homes including Community Care Facilities and Residential Care Facilities, consistent with state law;
6. Intermediate Care Facilities, consistent with state law;
7. Health Facilities, consistent with state law;
8. Transitional housing, consistent with state law;
9. Supportive housing, consistent with state law
10. Farm worker housing, consistent with state law.
11. A family day care home where the family day care home operates in addition to the residential use of the property, consistent with state law;
12. Aviaries which comply with subsection 32-11.9.b and which are maintained in a sanitary manner as determined by the Health Department;
13. A cottage food operation complying with this section;
14. Home Occupations complying with this section;
15. Personal property sales complying with this section;
16. Accessory dwelling units and junior accessory dwelling units that comply with Section 32-76 (Accessory Dwelling Unit Ordinance);
17. Residential greenhouses, under three hundred (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 ten (10) hens or rabbits in the R-20 and R-40 zoning districts and a maximum of twenty (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 forty thousand (40,000) or more square feet in area. The lot must be at least forty thousand (40,000) square feet for each two (2) head of livestock and all contiguous in one (1) fee ownership. On lots over forty thousand (40,000) square feet, the owner is allowed one (1) head of livestock per each additional twenty thousand (20,000) square feet in area.
(Ord. #2023-05, § 2; Ord. #2024-01, § 13)
32-22.4 Conditional Uses; Uses Requiring 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. Health Facilities where seven (7) or more persons reside or receive care, consistent with state law;
f. Residential greenhouses, over three hundred (300) square feet;
g. 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 subsection 32-22.7);
h. Horse riding academies and horse riding instruction, if the requirements listed in subsection 32-22.2, are met;
i. Private antennas, consistent with this section;
j. Windmills erected for the production of electricity, consistent with this section;
k. Residential development on Town-identified Scenic Hillside or Major Ridgeline lots complying with Section 32-69;
l. Wireless communications facilities, complying with Section 32-70;
m. The modification or expansion of a non-conforming use or structure;
n. Uses which the Planning Commission has found, after notice and hearing, to be comparable to the above uses.
(Ord. #2023-05, § 2; Ord. #2024-01, § 13)
32-22.4.a Allowable Use 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.
(Ord. #2024-01, § 14)
32-22.4.5 Prohibited Uses.
a. Short term rentals.
(Ord. 2024-06, § 1)
32-22.5 Standards for Specific Land Uses.
a. Cottage Food Operations. A cottage food operation (CFO) shall comply with the following requirements, which are supplemental to the home occupation requirements listed in this section. In the case of conflict between the two (2) sets of requirements, the requirements for CFOs shall take precedence:
1. The CFO operator shall provide a business narrative, site plan and floor plan to the Planning Division for review and approval, with the submittal describing the CFO activity in narrative and plan format and clearly depicting the location of CFO-related activities, the maximum gross floor area for the proposed CFO, and the seasonal aspects of the business operation.
2. CFOs shall be limited to a maximum of one (1) full-time equivalent employee (beyond family members).
3. CFOs are non-transferable to another person, location, type of food sales, distribution activity or time period of activity.
4. Direct customer sales shall be by prior appointment only and shall be limited to one (1) customer per hour during authorized sales hours.
5. Direct customer sales and CFO-related deliveries shall be limited to the period between 8:30 a.m. and 6:00 p.m., Monday through Saturday.
6. Building additions or modifications, if any and as shown in the site plan and floor plan submittal, are subject to all other applicable codes and permits.
7. The operation shall be limited to the areas designated on the site and floor plan and shall not exceed twenty five percent (25%) or six hundred (600) square feet, whichever is less, of the gross floor area of the primary structure and not more than 600 square feet of additional gross floor area on the site in the form of accessory structures.
8. CFO-related goods to be stored, displayed, and/or sold on the premises shall be contained within the areas designated on the site and floor plan. No outside storage of CFO-related material or supplies shall be permitted.
9. There shall be no onsite consumption of CFO-related products other than small samples.
10. CFOs may not exceed gross sales levels as established by the State of California for CFOs. The CFO operator shall, upon Town request, supply copies of the CFO's most recent income tax return to verify compliance with the gross sales levels.
11. The CFO operator shall provide to the Planning Division a copy of the approved CFO registration and permit as required by the Contra Costa County Health Department.
b. Home Occupations. A home occupation shall comply with the following requirements:
1. A Home Occupation Application report, which provides information regarding the proposed operation of the home occupation, must be submitted in conjunction with a Business License application. After reviewing the report, the Town must determine that the activity complies with the requirements set forth in this section, with other Town ordinances, and with applicable state laws, including any state licensing requirements.
2. Client or customer visits associated with the home occupation use shall be appointment-only visits, shall be limited to a maximum of one (1) visit per hour and shall be limited to Mondays through Saturdays between 8:30 a.m. and 6:00 p.m. An exception shall be allowed for home occupation uses involving students engaged in individual home instruction, where instruction period may be expanded to the period of between 8:30 a.m. and 8:30 p.m., daily.
3. The home occupation shall not include any direct, in-person retail sales transactions conducted at the premises, except as allowed for as part of a cottage food operation as defined in this section.
4. Deliveries shall be limited to the frequency of deliveries and types of vehicles normally associated with residential neighborhoods and shall be restricted to the period between 8:30 a.m. and 6:00 p.m., Mondays through Saturdays.
5. Not more than twenty five (25%) or six hundred (600) square feet, whichever is less, of the gross floor area of the primary structure may be devoted to the home occupation and not more than six hundred (600) square feet of additional area in accessory structures may be devoted to the home occupation.
6. The home occupation shall not involve employment of help other than the members of the household and one (1) assisting non-family employee, with the one (1) non-resident employee's hours limited to the period of 8:30 a.m. and 6:00 p.m., Mondays through Saturdays.
7. On-street parking of employee vehicles is not allowed for employees who perform functions of the home occupation away from the premises. On-site parking shall be limited to paved parking areas such as a driveway or garage.
8. There shall be no home occupation-related exterior storage of equipment, parts, materials, supplies, merchandise, refuse, or debris. [Note: home occupation-related equipment, parts, materials, supplies, or merchandise may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck, but no refuse or debris may be stored in any vehicle].
9. There shall be no storage of hazardous chemicals other than that which would normally be found at a private residence.
10. The residential appearance of the site must be maintained, and there shall be no exterior indication of the business, including commercial advertising signs or window displays. An exception is allowed for the display of one (1) nameplate sign, measuring no more than two (2) square feet, which may be placed on the premises attached to the primary building near the business entrance, indicating the property address, name of the business, hours of operation, contact information, and the nature of the business activity conducted.
11. The required residential parking at the site shall remain available for the purpose of parking vehicles of the residents of the site.
12. Authorized business vehicles associated with home occupation business shall be limited to vehicles with a gross vehicle weight rating of under nineteen thousand five hundred (19,500) lbs. and are limited to a maximum of two vehicles in the range of fourteen thousand and one (14,001) to nineteen thousand five hundred (19,500) lbs. (i.e., limited to a maximum of two (2) Class 4 or Class 5 vehicles, as classified by the Department of Transportation's Federal Highway Administration classification for commercial trucks).
13. The home occupation use shall not result in the onsite parking of any of the following vehicles: limousines, dump trucks, tow trucks, pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the top of the truck, construction vehicles (e.g., front-end loaders or backhoes), trailers (e.g., construction trailers, chipper trailers), construction equipment (e.g., cement mixers or chippers), or similar vehicles.
14. The home occupation business shall not be conducted in a manner that creates a public nuisance, under State law or under the Danville Municipal Code. Without limiting the foregoing, a home occupation shall not create noise, odor, dust, vibration, smoke, electrical disturbance, or any other interference with residential uses of adjacent property and shall be invisible to the neighborhood and the home occupation shall not result in excessive use of, or unusual discharge into any one (1) or more of the following utilities: water, sanitary sewers, electrical, garbage, or storm drains.
15. The number of home occupations at one (1) address shall not be limited except the cumulative impact of authorized home occupations shall not exceed these regulations.
c. Personal Property Sales. Personal property sales shall comply with the following requirements.
1. The sales activities are limited to a maximum of six (6) days per calendar year;
2. Any on-site or off-site signage is removed by 6:00 p.m. following the last day of the sale;
3. The sales activities are limited to the hours between 8:00 a.m. and 6:00 p.m.; and
4. The sales activity does not result in unusually significant adverse impacts related to noise, traffic, safety, congestion, and parking.
(Ord. #2023-05, § 2)
32-22.6 Minimum Lot Area, Width and Depth. No single family dwelling or other structure permitted under this section may be erected or placed on a lot with less than the following minimum requirements:
a. Minimum Lot Area.
Table 32-22.1 | |
Residential Zoning District | Minimum Lot Area |
Table 32-22.1 | |
Residential Zoning District | Minimum Lot Area |
R-6 | 6,000 square feet |
R-7 | 7,000 square feet |
R-10 | 10,000 square feet |
R-12 | 12,000 square feet |
R-15 | 15,000 square feet |
R-20 | 20,000 square feet |
R-40 | 40,000 square feet |
R-65 | 65,000 square feet |
R-100 | 100,000 square feet |
All public or private rights-of-way or easements for road or access purposes shall be excluded from the calculations for determining compliance with lot area minimums.
b. Minimum Average Lot Width.
Table 32-22.2 | |
Residential Zoning District | Minimum Average Lot Width |
Table 32-22.2 | |
Residential Zoning District | Minimum Average Lot Width |
R-6 | 60 feet |
R-7 | 70 feet |
R-10 | 80 feet |
R-12 and R-15 | 100 feet |
R-20 | 120 feet |
R-40 and R-65 | 140 feet |
R-100 | 200 feet |
c. Minimum Lot Depth.
Table 32-22.3 | |
Residential Zoning District | Minimum Lot Depth |
R-6, R-7, R-10, R-12 and R-15 | 100 feet |
R-20 | 120 feet |
R-40 and R-65 | 140 feet |
R-100 | 200 feet |
(Ord. #2023-05, § 2)
32-22.7 Minimum Setback Requirements for a Primary Structure.
a. General Requirements. The primary structures on residential properties shall comply with the setback requirements of the applicable zoning district established by this section, or as otherwise allowed under this section.
b. Minimum Primary and Secondary Front Yard Setback. Primary and secondary front yard setbacks shall be measured from the edge of any right-of-way or vehicular access easements that abut or cross the property.
Table 32-22.4 | ||
Residential Zoning District | Minimum Primary Front Yard Setback | Minimum Secondary Front yard Setback |
R-6, R-7, R-10, R-12 and R-15 | 20 feet | 15 feet |
R-20, R-40 and R-65 | 25 feet | 20 feet |
R-100 | 30 feet | 25 feet |
c. Minimum Side Yards Setback. The following minimum width requirements apply to side yards:
Table 32-22.5 | ||
Residential Zoning District | Minimum Side Yard Setback | Minimum Aggregate Side Yard Setback |
Table 32-22.5 | ||
Residential Zoning District | Minimum Side Yard Setback | Minimum Aggregate Side Yard Setback |
R-6 and R-7 | 5 feet | 15 feet |
R-10 | 10 feet | 20 feet |
R-12 and R-15 | 10 feet | 25 feet |
R-20 | 15 feet | 35 feet |
R-40 and R-65 | 20 feet | 40 feet |
R-100 | 30 feet | 60 feet |
d. Minimum Rear Yards Setback. There shall be a rear yard for any primary residence of at least:
Table 32-22.6 | |
Residential Zoning District | Minimum Rear Yard Setback |
R-6 and R-7 | 20 feet |
R-10, R-12 and R-15 | 25 feet |
R-20, R-40, R-65, and R-100 | 30 feet |
e. Measurement of Setbacks for Specific Lot Configurations. Setbacks shall be measured and applied as follows, unless different setback measurement methods are determined by the Planning Division to be required due to an unusual parcel configuration that makes the following infeasible or ineffective.
1. Corner Lot. Four-sided corner lots shall be considered to have a primary front yard and a secondary front yard, the two (2) interior property lines shall be treated as side yards, and there shall be no rear yard. Corner lots composed of more than four (4) property lines shall be considered to have a primary front yard and a secondary front yard, interior side yards, and a rear yard. The property line considered to be the rear yard shall be separated from either the primary front yard or the secondary front yard property line by at least one (1) side yard property line. Regardless of its location on either the primary or secondary front yard, front-loaded garages shall maintain a minimum front yard setback of twenty (20) feet.
2. Flag Lot. For flag lots, the front setback shall be measured from the point where the access strip meets the bulk of the lot to the nearest point of the wall of the structure.
3. Determination of setbacks on irregular-shaped lots. The Planning Division shall determine setbacks for irregular-shaped lots that are not covered by any of the above examples on a case-by-case basis.
f. Second Story Setbacks Applicable to R-6, R-7, R-10, R-12, and R-15 Districts and Lots that are fifteen thousand (15,000) Square Feet or Smaller in any Other Zoning District. The gross square footage of second story additions shall be no larger than eighty percent (80%) of the gross square footage of the ground floor of the home. Gross square footage shall be defined as the sum of the square footage of both conditioned living space and garage or other non-conditioned storage space. As a minimum, the second story addition along the primary front elevation, and secondary front elevation as applicable, shall be recessed a minimum of five (5) feet as measured vertically from the existing ground floor exterior elevations, where such additions are setback less than thirty-five (35) feet from any front property line. Where a setback of thirty-five (35) feet or more from the property line are observed for both ground floor and second story additions, the second story setbacks are waived.
g. For any single family residential lot that was created prior to July 1, 1982, side yard setbacks shall be permitted consistent with the Section 32-1.12.
h. Projections into Setbacks. Where allowed in the applicable District, an architectural feature that is part of the primary structure may extend beyond the wall of the structure and into a required primary front, secondary front, side, or rear yard setback in compliance with the following table.
Table 32-22.7 Allowed Projections Into Setbacks | |||
Projecting Feature | Primary Front Yard Setback | Secondary Front and Side Yard Setbacks | Rear Yard Setbacks |
Awnings, arbors and canopies | 5 feet | 24 inches | 5 feet |
Balcony, landing, porch, stairway - If covered but unenclosed | 5 feet | 24 inches | 5 feet |
Bay window, or similar projecting feature - Not extending into foundation | 24 inches | 24 inches | 24 inches |
Chimney/fireplace/media-niche | 24 inches | 24 inches | 24 inches |
Cornice, eave, or roof overhang | 24 inches | 24 inches | 24 inches |
(Ord. #2023-05, § 2)
32-22.8 Maximum Building Height for a Primary Structure.
No single family dwelling or other structure permitted under this section may exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, whichever is less. Residential development within Town-identified Scenic Hillside or Major Ridgeline areas shall comply with the additional height restrictions as outlined in Section 32-69.
(Ord. #2023-05, § 2)
32-22.9 Minimum Setbacks for Accessory Structures. The following setback requirements apply to accessory structures allowed within the applicable zoning districts.
a. Yards - Accessory Structures.
1. The primary front yard and secondary front yard setbacks requirements for the primary structure also apply to accessory structures.
2. The minimum side yard or rear yard setback for accessory structures shall be the same as the setbacks for the primary structure but may be reduced to five (5) feet if it is setback from the primary front yard proper line or secondary front yard property line is at least:
Table 32-33.8 | ||
Residential Zoning District | Minimum Setback from the Primary Front Yard Property Line for Reduced Side or Rear Yard Setback | Minimum Setback from the Secondary Front Yard Property Line for reduced Side or Rear Yard setback |
R-6, R-7, and R-10 | 50 feet | 25 |
R-12, R-15, and R-20 | 65 feet | 30 |
R-40, R-65, and R-100 | 75 feet | 35 |
b. Setback Standards for specific types of accessory structures.
1. Animal Structures/Aviaries. Where permitted within the applicable zoning district, a chicken house, rabbit hutch, or similar accessory structure provided for the housing of animals, and aviaries for housing birds other than poultry, shall be set back not less than sixty (60) feet from the front property line or any street line, and shall be not less than forty (40) feet from any side or rear property line; a barn, stable or other building or structure used to shelter livestock shall be set back not less than one-hundred (100) feet from the front property line or any street line, and may not be less than fifty (50) feet from any side or rear property line; a fenced pasture, paddock or other enclosed livestock area may not be located nearer than ten (10) feet to any property line.
2. Portable Storage Sheds. Portable storage sheds are exempt from structure setback requirements when placed in the rear or side 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 five (5) 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 residence (within two (2) feet), are open on at least three (3) sides, and are constructed without a solid roofing material, shall maintain a minimum ten (10) foot side and rear yard setback, or the structure setback of the primary home, whichever is less.
(b) Arbors and patio shade structures that are attached to or abut the primary residence (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 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 ten (10) foot front, side, and rear yard setback.
8. Batting cages shall not be allowed in the primary front yard or secondary front yard setback, and shall maintain a minimum ten (10) foot side and rear yard setback.
9. 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 placed in a location that does not interfere with normal vehicular or pedestrian circulation or otherwise create a nuisance in the neighborhood.
10. Other Accessory Structures Less than Six (6) Feet in Height. Other accessory structures including pools, spas, and mechanical equipment which are less than six (6) feet in height shall maintain a minimum five (5) foot setback from the side and rear property lines. A minimum of a five (5) foot secondary front yard setback is allowed when the structure is screened by a compliant six or seven foot tall fence. Examples of mechanical equipment include HVAC units, swimming pool pumps and filters, ventilation, cable television distribution boxes, transformers, and other utility equipment. This setback requirement does not apply to utilities installed underground within the public right-of-way, as may be approved by the Town.
(Ord. #2023-05, § 2)
32-22.10 Maximum Height for Accessory Structures.
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.
a. 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, or the minimum height necessary for service.
(Ord. #2023-05, § 2)
32-22.11 Fencing and Retaining Walls.
Fences and retaining walls do not qualify as accessory structures and are subject to their own setback and design criteria as follows:
a. Front Yard Fences. The height limit for fences or hedges located within the primary front yard setback area is three and one-half (3-1/2) feet, as measured at the grade at the location of fence placement. For corner lots, the height limit for fences within the site distance triangle shall be further limited as specified under Section 32-22.12.a. of this chapter.
b. Secondary Front Yard Fence. The height limit for secondary front yard fences is six (6) feet. Additionally, secondary front yard fences shall maintain a minimum setback of five (5) feet from the adjacent right-of-way or vehicular access easement, and landscaping shall be installed and maintained along the exterior face of the fence. The maximum height of a fence within five (5) feet of the edge of an adjacent right-of-way or vehicular access is three and one-half (3-1/2) feet. All fences must comply with the Visibility at Intersections for Corner Lots - site distance triangle requirements as defined in Section 32-22.12.a. of this chapter.
c. Interior Side and Rear Yard Fence. The height limit for side and rear yard shared property line fences which do not abut a public right-of-way or vehicular access easement is six (6) feet, but may be increased to seven (7) feet if the top one (1) foot is constructed with an open lattice. For shared property line fences which are placed on top, or within two (2) feet of the top of, a retaining wall, the combined height shall not exceed six (6) feet, or seven (7) feet if the top one foot is constructed with an open lattice. However, if the fence is off-set from the retaining wall by two (2) feet or more, the fence height shall be measured independent from the height of the retaining wall.
d. Fence and Retaining Walls Separations.
1. The height limit for retaining walls is six (6) feet. The height of retaining walls within the front yard or secondary front yard setback area is restricted to three and one-half (3-1/2) feet. Retaining walls within primary or secondary front yard areas shall meet the standards for visibility at intersections for corner lots as defined in Section 32-22.12.a. of this chapter.
2. Retaining walls that are greater than three (3) feet in height shall maintain a minimum three (3) foot setback from side or rear property lines. For sloped areas where multiple retaining walls are proposed, the retaining walls shall maintain a minimum separation width equal to the height of tallest adjacent retaining wall. The ground area between the retaining walls may have a maximum slope of 3:1. Installation and maintenance of landscaping in the ground area between retaining walls is required for retaining walls of any height in which building permits are required.
3. Retaining walls required for structural or geotechnical reasons, or for public capital improvements, are exempt from the six (6) foot height restriction, subject to determination by the Town.
e. Prohibited Fences. Installation of the following types of fences and use of fences constructed with the following fencing material is prohibited unless specifically approved by the Planning Division for animal control, special security needs, or as required by city, state, or federal law or regulation.
1. Barbed wire, razor, or concertina wire;
2. Electrified fence;
3. Chain link fencing when visible from public areas and/or public rights-of-way; or
4. Temporary fencing such as plastic or wire mesh fencing, barricades, and/or panel-system fences, except to control access to construction sites, for use associated with Town-sponsored events, and/or in conjunction with operation of temporary Town-approved uses.
(Ord. #2023-05, § 2)
32-22.12 Additional Development Standards.
a. P-l Districts. Setbacks established for properties zoned P-l; Planned Unit Development District prior to the Town's incorporation in 1982 are not changed by approval of this chapter. Where the Town has established specific setback or height limitations through a P-l; Planned Unit Development District, subdivision map, final development plan or other entitlement, setback restrictions established through such entitlement process shall apply to continuing or future development within the approved project. At the discretion of the Chief of Planning, proposals for exterior architectural modification or additions to any residential structure for which architecture was initially approved through public hearing may be subject to approval of a Development Plan application and, at the discretion of the Chief of Planning, may be referred to the Design Review Board and/or Planning Commission for review.
b. Visibility at Intersections for Corner Lots.
1. The maximum height of fences and vegetation shall be two and one-half (2-1/2) feet above the curb grade, or three (3) feet above the pavement surface at the outside edge of pavement adjoining the premises, within the sight distance triangle of corner lots.
2. An exception for vegetation in the site distance triangle is allowed for trees with limbs and canopies which maintain a seven (7) foot vertical clearance from the sidewalk or roadway.
c. Creek Structure Setbacks.
1. Major creek channels are defined as San Ramon Creek, Sycamore Creek, Green Valley Creek, East Branch of Alamo Creek, and the West Branch of Alamo Creek. For properties that abut major channels, all additions and/or new structures shall meet the creek current structure setback requirements as defined by Contra Costa County Flood Control and Water Conservation District or as determined by the City Engineer.
2. For properties that abut non-major channels, all additions and/or new structures shall meet the structure setback requirements as defined in Danville Municipal Code Chapter 31-29, as determined by the City Engineer.
3. All structures shall observe the minimum creek setback or the property line setback otherwise established under the applicable zoning district, whichever is greater.
d. Breezeways. For purposes of determining the maximum allowable height and minimum yard setbacks, a structure shall not be considered connected to, and part of, the primary residence by utilizing a breezeway unless: the breezeway is structurally integrated into the construction of both the primary residence and the second structure; the distance of the wall-to-wall separation between the two (2) structures connected by the breezeway does not exceed twelve (12) feet, and; the depth of the breezeway roof structure including eaves (front to back) is at least twelve (12) feet. A structure shall be restricted to the maximum height requirement applicable to an accessory structure if the breezeway does not meet all of the above requirements. However, a structure attached to the primary residence in any manner shall comply with the setback standards applicable to the primary residence.
e. Garage conversions. The conversion of either the entire garage or any portion of the garage to living space or other residential use is allowed if:
1. The property meets the minimum on-site parking requirement as specified under Section 32-22.13.a. of this chapter;
2. The existing garage door is removed, and replaced with walls, windows, doors and other suitable materials;
3. The exterior of converted space uses the same exterior colors, materials and style of the existing structure; and
4. The curb is replaced, the driveway is removed and landscaping is installed so that the converted space no longer resembles a garage.
5. The garage conversion is consistent with the standards contained within Section 32-76 (Accessory Dwelling Units).
(Ord. #2023-05, § 2)
32-22.13 Off-Street Parking.
a. Minimum Off-Street/On-Site Parking Requirement. Each single family lot shall have a minimum of two (2) off-street parking spaces. The spaces shall be provided in an enclosed garage structure that meets the setback requirements of each district. The garage dimensions as measured from the face of the interior walls shall be at least twenty (20) feet wide and twenty-two (22) feet deep.
b. Side-loaded garages. Driveways serving side-loaded garages shall have a minimum width of twenty-four (24) feet and be served by a minimum five (5) foot depth back-out area located beyond the interior side wall of the garage to facilitate vehicle back-out maneuvers.
(Ord. #2023-05, § 2)
32-22.14 Granting of Land Use or Variance Permits.
32-23.1 Definitions.
Words and phrases as used in this section shall be as defined under Section 32-22.2.
(Ord. #2023-06, § 2)
32-23.2 Allowed Uses.
The following uses are allowed within the D-l Two Family District:
a. All the uses designated for the R-6 district in Section 32-22;
b. A detached two (2) family dwelling (duplex) on each lot and uses normally auxiliary thereto.
(Ord. #2023-06, § 2)
32-23.3 Conditional Uses; Uses Requiring a Land Use Permit and/or Development Plan.
The following uses are allowed within the D-l Two Family District upon the issuance of a land use permit and/or development plan permit:
a. All the uses designated for the R-6 district in Section 32-22.
(Ord. #2023-06, § 2)
32-23.4 Minimum Lot Area, Width and Depth.
a. Area of Lot. No two (2) family dwelling of other structure permitted in the D-l district shall be erected or placed on a lot smaller than eight thousand (8,000) square feet in area.
b. Width of Lot. Lot width provisions for the D-l district shall be the same as those for the R-10 district (Section 32-22.6.b).
c. Depth of Lot. Lot depth provisions for the D-l district shall be the same as those for the R-6 district (Section 32-22.6.c).
(Ord. #2023-06, § 2)
32-23.4.5 Prohibited Uses.
a. Short term rentals.
(Ord. 2024-06, § 2)
32-23.5 Minimum Setback Requirements for a Primary Structure.
a. Side Yard. Side yard provisions for the D-l district shall be the same as those for the R-10 district (Section 32-22.7).
b. Front Yard Setback. Setback (front yard) provisions for the D-l district shall be the same as those for the R-6 district (Section 32-22.7).
c. Rear Yard. Rear yard provisions for the D-l district shall be the same as those for the R-6 district (Section 32-22.7).
(Ord. #2023-06, § 2)
32-23.6 Maximum Building Height for a Primary Structure.
Building height provisions for a primary structure within the D-l district shall be the same as those for the R-6 district (Section 32-22.8.).
(Ord. #2023-06, § 2)
32-23.7 Minimum Setbacks for Accessory Structures.
Minimum setbacks for an accessory structure within the D-l district shall be the same as those for the R-6 district (Section 32-22.9).
(Ord. #2023-06, § 2)
32-23.8 Maximum Height for Accessory Structures.
Maximum height for an accessory structure in the D-l district shall be the same as those for the R-6 district (Section 32-22.10).
(Ord. #2023-06, § 2)
32-23.9 Fencing and Retaining Walls.
Design and setback criteria for fencing and retaining walls shall be as specified under Section 32-22.11.
(Ord. #2023-06, § 2)
32-23.10 Additional Development Standards.
Additional Development Standards shall be as specified under Section 32.22.12.
(Ord. #2023-06, § 2)
32-23.11 Off-Street Parking.
a. Minimum On-Site Parking Requirement. Each lot shall have a minimum of two (2) off-street parking spaces. The spaces shall be provided in an enclosed garage structure that meets the setback requirements of each district. The garage dimensions as measured from the face of the interior walls shall be at least twenty (20) feet wide and twenty-two (22) feet deep.
b. Side-loaded garages. Driveways serving side-loaded garages shall have a minimum width of twenty-four (24) feet and be served by a minimum five (5) foot depth back-out area located beyond the interior side wall of the garage to facilitate vehicle back-out maneuvers.
(Ord. #2023-06, § 2)
32-23.12 Granting of Land Use or Variance Permits.
32-24.1 Purpose.
The purpose of the M-30 Multifamily Residential District is to:
a. Create development standards appropriate for compact, high density, multifamily residential development including apartments, townhouses, or condominium 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 High Density (twenty-five through thirty (25-30) dwelling units per acre) land use designation and to replace the previous M-29; Multifamily Residential District.
(Ord. #2023-07, § 4)
32-24.2 Definitions.
Words and phrases as used in this section shall be as defined under Section 32-22.2.
(Ord. #2023-07, § 4)
32-24.3 Uses and Development Standards.
a. Conform to M-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.
1. Maximum Unit Density. The maximum residential density allowed in this district is thirty (30) dwelling units per acre.
2. Minimum Unit Density. The minimum residential density allowed in this district is twenty-five (25) dwelling units per acre.
(Ord. #2024-01, § 7)
32-25.1 Purpose.
The purpose of the M-25 Multifamily Residential District is to:
a. Create development standards appropriate for compact, high density and high/medium density, multifamily residential development including apartments, townhouses, or condominiums 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 High Density (twenty-five through thirty (25-30) units per acre) and the Multifamily High/Medium Density (twenty through twenty-five (20-25) dwelling units per acre) land use designations.
(Ord. #2014-05, § 2)
32-25.2 Uses and Development Standards.
a. Conform to M-35 District, Section 32-29. Except as specified, the M-25 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 M-25 district are different from those for M-35 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.
(Ord. #2014-05, § 2; Ord. #2024-01, § 8)
32-26.1 Purpose.
a. Create development standards appropriate for compact, high/medium density and low/medium density multifamily and 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 High/Medium Density (twenty through twenty-five (20-25) units per acre) and the Multifamily Low/Medium Density (thirteen through twenty (13-20) dwelling units per acre) land use designation and to replace the previous M-17; Multifamily Residential District.
(Ord. #2014-05, § 2)
32-26.2 Uses and Development Standards.
a. Conform to M-35 District, Section 32-29. Except as specified, the M-20 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-20 district are different from those for M-35 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.
(Ord. #2014-05, § 2; Ord. #2024-01, § 9)
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 Development Standards.
a. Conform to M-35 District, Section 32-29. Except as specified, the M-13 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-13 district are different from those for M-35 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.
5. Width and Depth. No minimum,
6. Maximum Height. The maximum height of any multifamily structure is two and one-half (2½) stories or thirty-five (35) feet, whichever is less.
(Ord. #2014-05, § 2; Ord. #2024-01, § 10)
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 Land Use and Development Standards.
a. Conform to M-35 District, Section 32-29. Except as specified, the M-8 District shall comply with all of the provisions established under the M-35 Multifamily District.
b. Differences From M-35 District. The following items for the M-8 district are different from those for M-35 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.
5. Width and Depth. No minimum.
6. Maximum Height. The maximum height of any multifamily structure is two and one-half (2½) stories or thirty-five (35) feet, whichever is less.
(Ord. #2014-05, § 2; Ord. #2024-01, § 11))
32-29.1 Purpose.
The purpose of the M-35 Multifamily Residential District is to:
a. Create development standards appropriate for the development of compact, high density multifamily residential housing, including condominiums, apartments, and senior housing combined with varying amounts of open space and landscaping.
b. Create land use and development standards, as well as submittal requirements for land with the Town's Residential - Multifamily - High Density Special (30-35 units per gross acre) General Plan Land Use Designation.
c. Create development standards that encourage the provision of central recreational and open space amenities as an integral part of higher density projects.
d. Create development standards that facilitate and encourage the development of affordable rental housing within these areas, while also permitting market-rate multifamily housing.
e. Further policies of the Danville 2030 General Plan by requiring observance of a minimum development density and strongly discouraging the conversion of these areas to residential land uses with lower development densities or to non- residential land uses.
f. Assure that future development complements Danville's existing small town character and established quality of life.
g. Integrate new development in a manner that is visually and functionally compatible with the physical character of the surrounding community.
h. Minimize the impacts of uses, protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.
(Ord. 2023-02, § 2)
32-29.2 Definitions.
Words and phrases as used in this section shall be as defined under Section 32-22.2.
(Ord. 2023-02, § 2)
32-29.3 Allowed Uses.
Uses permitted in the M-35 District shall be as follows:
a. Multifamily buildings, but not including motels or hotels;
b. Horticulture;
c. Raising or keeping of domestic animals, with a limit of three (3) dogs and/or three (3) cats over the age of four (4) months;
d. Publicly owned or privately owned parks and playgrounds;
e. Group Homes including Community Care Facilities and Residential Care Facilities, consistent with state law;
f. Intermediate Care Facilities, consistent with state law;
g. Health Facilities, consistent with state law;
h. Transitional housing, consistent with state law;
i. Supportive housing, consistent with state law;
j. A cottage food operation, complying with Municipal Code Section 32-22.5.a;
k. Home occupations, complying with Municipal Code Section 32-22.5.b;
l. Personal property sales, complying with Municipal Code Section 32-22.5.c;
m. Accessory dwelling units consistent with Municipal Code Section 32-76 (Accessory Dwelling Unit Ordinance);
n. Residential greenhouses, under three hundred (300) square feet.
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 requirements and affordable housing requirements shall be consistent with all provisions of State Law SB 4.
(Ord. 2024-01, § 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.
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 ten (10) or more units, the maximum average unit size shall be one thousand five hundred (1,500) square feet.
(Ord. 2024-01, § 4)
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, side yard and rear yard setbacks shall be a minimum of fifty (50) feet to any second story building elements.
e. FAR. The maximum allowable net floor area ratio (FAR) is one hundred twenty percent (120%) 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 (3) story building massing is proposed as part of a new project, each individual building grouping with a three (3) story building massing shall have a minimum of seven-point-five percent (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 thirty-three, thirty-five, and thirty-seven foot (33', 35' and 37') building heights while averaging a thirty-five foot (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; Ord. 2024-01, § 5)
32-29.10 Accessory Structures.
Accessory structures shall have a maximum height of (15) fifteen feet.
(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 (4) story building massing is proposed as part of a new project, each individual building grouping with a four (4) story building massing shall have a minimum of seven-point-five percent (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 (3 or 3½) story building massing, the remainder of the building grouping shall use a mix of forty-one, forty-three, and forty-five foot (41', 43' and 45') building heights while averaging a forty-three foot (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.
(Ord. 2024-01, § 4)
32-29.11 Off-Street Parking.
a. Every multifamily dwelling unit shall have, on the same lot or parcel, off-street automobile storage space as follows:
1. Studio dwelling unit, one (1) space; one bedroom dwelling unit, one and one-half (1½) spaces; two (2) or more bedroom units, two (2) spaces; plus
2. One-quarter (¼) 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. 2023-02, § 2)
32-29.12 Open Area.
Twenty-five percent (25%) of the area described by the development plan submitted pursuant to subsection 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. 2023-02, § 2)
32-29.13 Submittal Requirements.
a. No development is lawful in the M-35 District until a Development Plan application has been submitted to and approved by the Town.
b. All applications for development plan approval shall include drawings drawn to scale indicating the following:
1. Topography;
2. A boundary survey of the site;
3. All existing and proposed structures, the height of each structure, and the number of dwelling units in each structure;
4. Planting and landscape area;
5. Automobile parking areas;
6. Vehicular and pedestrian ways with grades, widths, and type of proposed improvements;
7. Access points providing ingress to and egress from the side;
8. Existing and proposed utilities;
9. Recreation facilities and outdoor use amenities;
10. Surface drainage conditions and outlets;
11. Building elevations including architectural type, including all drawing and details listed within the Town's Design Review Board Submittal Requirement Checklist;
12. Amount of studio, one (1) bedroom, two (2) bedroom, or other size units;
13. Additional information as may be required by the Planning Division.
c. Review. Development Plan applications proposing new multifamily dwelling units shall be subject to review by the Danville Planning Commission during a noticed public hearing.
(Ord. 2023-02, § 2)
32-29.14 Special Submittal Requirements.
Application materials to be supplied at the time of submittal of a development plan application shall also include the following:
a. The location, number and dimensional layout of any proposed tandem parking spaces, mechanical stacked parking spaces, motorcycle parking spaces, bicycle parking spaces, moving van and delivery parking spaces.
b. The minimum and average sizes of individual private open space areas (i.e., open or covered private patios and private balconies) proposed for the project.
c. The location, minimum size, and average size of private storage spaces proposed for the project.
d. The proposed means to screen proposed above-ground transformers, meters, and above grade portions of facilities for other utilities.
e. The location, design and construction materials proposed for project fencing and retaining walls.
f. Project information detailing the proposed percent coverage of land by buildings and structures (including coverage by above grade cantilevered areas).
g. The location and design of onsite project lighting, including building-mounted lighting, parking and driveway lighting, walkway lighting, and landscape and other accent lighting.
h. The location, design and construction materials proposed for project porches, stoops, and similar design features.
i. The manner by which the project proposes to meet the requirements in Section 32-73 Inclusionary Housing for Affordable Residential Housing of the Danville Municipal Code.
j. Where the developer elects to invoke density bonus provisions to increase project development density above the otherwise applicable net development density, the developer shall provide written and graphic material to indicate the manner by which the project proposes to meet the requirements in Section 32-74 Density Bonus of the Danville Municipal Code and California's Density Bonus Law (Government Code Section 65915 et seq.).
(Ord. 2023-02, § 2)
32-29.15 Special Supplemental Design Standards.
To achieve design and aesthetic quality relative to existing and future projects on surrounding areas, new multifamily residential projects shall address through the submittal material supplied for their respective development plan requests the following design objectives:
a. Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land which will remain, shall be considered and controlled.
b. The development shall reflect a design that integrates individual buildings and building groups with the surrounding development and other physical features in the area.
c. The design of structures shall provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the character of the area.
(Ord. 2023-02, § 2)
32-29.16 Required Special Studies.
As part of the required submittal material provided for a project, the developer shall supply the following special studies to document compliance with the Danville 2030 General Plan (General Plan):
a. To assure the project will comply with the intent and requirements of Policy 14.02 of the General Plan, the developer shall be responsible for the preparation of detailed calculations of the project's proposed floor area ratio (FAR), gross land area, net conditioned space, net FAR, and net land area available for development, collectively as those terms are defined in the Municipal Code Section 32-45.2. The information shall be submitted for Town review and comment and shall be the basis of the determination of project compliance with applicable development standards.
b. As part of the application submittal material provided to assure the project will comply with the intent and requirement of Policy 14.02 of the General Plan, the developer shall be responsible for the preparation of a traffic impact analysis. The traffic impact analysis shall, at a minimum, provide:
1. An analysis of the site plan, internal roadway circulation, design and location of the project ingress and egress driveway and their connections to public roadways and their connection relative to existing proximate driveways.
2. An assessment of traffic impacts generated by the project on the nearby roadways and at key intersections identified by the Town. This shall include documentation of project trip generation, distribution, and assignment. This traffic impact assessment shall be conducted for existing; existing plus project; and forecasted 2040 scenarios. Roadway improvements and mitigation measures necessary for mitigating the impact of the project on the Town- identified intersections shall be identified. Mitigation measures identified shall include the construction of project intersection improvements at the public street, potential signalization of the project driveway intersection, or roadway widening or right-of-way dedication along the project site's roadway frontage.
3. An assessment of parking supply and demand to address the anticipated adequacy of proposed on-site parking supply. This assessment shall include a review of comparable residential projects in the Danville area to determine their parking-per-unit ratios and the observed adequacy of the onsite parking supplied in those projects.
4. An assessment of existing and proposed pedestrian and bicycle access to and from the project site and recommendations for mitigation improvements, were determined necessary by the traffic impact analysis.
c. As part of the application submittal material provided to assure the project complies with the intent and requirement of Policy 21.06 of the General Plan, the developer shall be responsible for the preparation of a tree report prepared by a certified arborist.
d. As part of the application submittal material provided for development application to assure the project complies with the intent and requirement of Policy 21.10 of the General Plan, the developer shall be responsible for the preparation of a biological assessment study. The assessment shall be conducted by a qualified professional and shall determine the presence or absence of any sensitive resources which could be affected by proposed development, shall provide an assessment of the potential impacts, and shall define measures for protecting, as applicable, the resource and surrounding buffer habitat, in compliance with state and federal laws.
e. As part of the application submittal material provided for a development application, to assure the project complies with the intent and requirement of Policy 22.02 of the General Plan, the developer shall be responsible for the preparation of a Stormwater Control Plan detailing how the project will comply with the requirements of the Regional Water Quality Control Board (RWQCB) for the San Francisco Bay Region. The Stormwater Control Plan shall demonstrate how the project complies with all applicable National Pollution Discharge Elimination System (NPDES) permit requirements to minimize imperviousness, retain or detain stormwater, slow runoff rates, incorporate required source controls, treat stormwater prior to discharge from the site, control runoff rates and durations if required, and provide for operation and maintenance of treatment and flow control facilities. The Plan shall have sufficient detail to ensure the stormwater design, site plan, and landscaping plan are congruent.
f. As part of the application submittal material provided for a development application to assure the project complies with the intent and requirement of Policy 24.07 of the General Plan, the developer shall be responsible for the preparation of a preliminary soils and geologic report.
g. As part of the application submittal material provided for a development plan application, to assure the project complies with the intent and requirement of Policies 27.02, 27.11, and 27.13 of the General Plan, the developer shall be responsible for the preparation of an environmental noise study in support of the site planning and design efforts for any proposed multifamily development. The study shall include a noise evaluation of existing and future noise levels in private outdoor living areas and an interior noise analysis of the proposed project. The study shall also include an evaluation of the potential short-term construction noise impacts upon adjacent land uses.
h. As part of the application submittal material provided for a development plan application to assure the project complies with the intent and requirement of Policy 28.02 of the 2030 Plan, the developer shall be responsible for the preparation of a Phase I Environmental Site Assessment (ESA).
i. As part of the application submittal material provided for a development plan application to assure the project complies with the intent and requirements of Policies 33.04, 34.02, and 34.04 of the 2030 Plan and applicable Bay Area Air Quality Management District guidelines in place at the time of project application, the developer shall be responsible for the preparation of an air quality and greenhouse gases analysis study. The study shall provide analysis of greenhouse gases (GHGs), criteria air pollutants and precursors (GAPs), and local risk and hazard impacts at the proposed multifamily residential development.
j. Based on the review for completeness of the development plan application, the Chief of Planning shall have the authority to consider and approve any developer- written requests for relief from the requirements above. Required Special Studies where the determination to not require one or more of the special studies is based on a factually supportable determination on whether the study or studies are not necessary for the development review process because of the specific nature of the application and/ or the development site.
(Ord. 2023-02, § 2
32-36.1 General.
a. General Provisions. All of the land lying within an A-1 light agricultural district may be used for any of the following uses, under the following regulations set forth in this section.
32-36.2 Uses.
a. Uses Permitted. Uses permitted in the A-1 district shall be as follows:
1. Small farming, including horticulture, floriculture, nurseries and greenhouses, mushroom rooms, fur farms, poultry raising, animal breeding, raising of grainfed rodents, aviaries, apiaries, and similar agricultural uses;
2. A stand not exceeding two hundred (200) square feet for sale of agricultural products grown on the premises. The stand shall be set back at least twenty-five (25') feet from the front property line;
3. A detached single family dwelling on each lot and the accessory structures and uses normally auxiliary to it;
4. Publicly owned parks and playgrounds;
5. The keeping of livestock. No livestock shall be kept on any taxable unit of land less than one (1) acre, and no more than two (2) head of livestock may be maintained per acre on any taxable unit of land in the A-1 district. Barns, stables, and other buildings or structures used to house livestock shall not be located or maintained in the A-1 district nearer than one hundred (100) feet to the boundary line of any street or public road, nor nearer than fifty (50') feet to any side, front, or rear property line of the lot or parcel of land. Fenced pasture, paddocks, or other enclosed livestock areas shall not be located nearer than ten (10) feet to any front, side, or rear property line of the lot or parcel of land;
6. Foster home or family care home operated by a public agency, or by a private agency which has obtained State or local approval (license) for the proposed operation, where not more than six (6) minors reside on the premises with not more than two (2) supervisory persons.
b. Uses With Land Use Permit.
1. In an A-1 district, a land use permit may allow the following uses.
2. Allowable uses are:
(a) Home occupations;
(b) Publicly owned parks and playgrounds;
(c) Dude ranches, riding academies and stables, and dog kennels;
(d) Publicly owned buildings and structures, except as provided in Articles I-III;
(e) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices.
3. Other allowable uses are:
(a) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes;
(b) Churches, religious institutions, and parochial and private schools, including nursery schools;
(c) 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 not organized for monetary profit; these uses are allowed only where not organized for monetary profit;
(d) More than one (1) detached dwelling unit on a lot or parcel of land;
(e) Medical and dental offices and medical clinics.
32-36.3 Lots.
a. Lot Area. No agricultural pursuit shall be permitted nor shall any structure or use herein permitted be erected, placed, or established on a lot smaller than twenty thousand (20,000) square feet in area.
b. Lot Width. No agricultural pursuit shall be permitted nor shall any structure or use herein permitted be erected, placed, or established on a lot less than one hundred twenty (120') feet in average width.
c. Lot Depth. No agricultural pursuit shall be permitted nor shall any structure or use herein permitted be erected, placed, or established on a lot less than one hundred twenty (120') feet deep.
32-36.4 Building Height.
a. Building Height; Maximum. No structure or building herein permitted shall exceed two and one-half (2 1/2) stories or thirty-five (35') feet in height, whichever is greater.
32-36.5 Yards.
a. Yard; Side. There shall be an aggregate side yard width of at least thirty-five (35') feet. No side yards shall be less than fifteen (15') feet wide. These minima may be reduced to three (3') feet for an accessory building or structure if it is set back at least sixty-five (65') feet from the front property line. No barns, stables, apiaries, aviaries, or other buildings or structures used to house livestock, grainfed rodents, bees, birds, or poultry shall be located in this district nearer than fifty (50') feet to the boundary line of any residential land use district.
b. Yard; Setback. There shall be a setback (front yard) of at least twenty-five (25') feet for any structure in the A-1 district except on corner lots, where the principal frontage of the lot shall have a setback of at least twenty-five (25') feet and the other setback shall be at least twenty (20') feet.
c. Yard; Rear. Rear yard provisions for the A-1 district shall be the same as those for the R-6 district.
32-36.6 Land Use and Variance Permits.
a. Land Use and Variance Permit; Granting. Land use permits for the special uses enumerated in paragraph b. of subsection 32-36.2 and variance permits to modify the provisions contained in paragraph a. of subsection 32-36.3 through paragraph c. of subsection 32-36.5 may be granted in accordance with Section 32-3.
32-37.1 General.
a. General Provisions. All of the land lying within an A-2 general agricultural district may be used for any of the following uses, under the following regulations set forth in this section.
32-37.2 Uses.
a. Uses Permitted. Uses permitted in the A-2 district shall be as follows:
1. All types of agriculture, including general farming, horticulture, floriculture, nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms, poultry raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses;
2. Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fruit and vegetable packing plants, and buildings for the storage of agricultural products and equipment;
3. A stand not exceeding two hundred (200) square feet for sale of agricultural products grown on the premises. The stand shall be set back at least twenty-five (25') feet from the front property line;
4. A detached single family dwelling on each parcel and the accessory structures and uses normally auxiliary to it;
5. Foster home or family care home operated by a public agency, or by a private agency which has obtained State or local approval (license) for the proposed operation, where not more than six (6) minors reside on the premises with not more than two (2) supervisory persons.
b. Uses With Land Use Permit.
1. In an A-2 district, a land use permit may allow the following uses.
2. Allowable uses include those listed in paragraph b. of subsection 32-36.2.
3. Other allowable uses are:
(a) Merchandising of agricultural supplies and services incidental to an agricultural use;
(b) Canneries, wineries, and processing of agricultural products;
(c) Cold storage plants;
(d) Slaughterhouses and stockyards;
(e) Rendering plants and fertilizer plants or yards;
(f) Livestock auction or sales yards;
(g) Living accommodations for agricultural workers to be primarily used for temporary housing of agricultural workers while performing seasonal agricultural work on the owner's property;
(h) Commercial recreational facilities when the principal use is not in a building.
4. Other allowable uses are:
(a) Boat storage areas within one (1) mile by public road of a boat launching facility open to the public.
c. Uses Refuse Disposal Site; Permit Required. Refuse disposal sites are permitted in the A-2 district upon the issuance of a permit under the provisions of Chapter 418-4 of the Contra Costa County Code.
32-37.3 Lots.
a. Lot Area, Width and Depth. Except as provided in paragraph b. of this subsection, uses allowable under subsection 32-37.2 are allowed only on lots which equal or exceed all of the following: five (5) acres in area, two hundred fifty (250') feet average width, and two hundred (200') foot depth.
b. Existing Legal Lots Excepted. Any single lot legally created in an A-2 district before November 29, 1973, at least forty thousand (40,000) square feet in area may be used as provided in subsection 32-37.2.
32-37.4 Building Height.
a. Building Height; Maximum. Building height provisions for the A-2 district shall be the same as those for the A-1 district, subsection 32-36.4.
32-37.5 Yards.
a. Yard; Side. There shall be an aggregate side yard width of at least forty (40') feet. No side yards shall be less than twenty (20') feet in width. No barns, stables, apiaries, aviaries, or other buildings or structures used to house livestock, grainfed rodents, bees, birds, or poultry shall be located in the A-2 district nearer than fifty (50') feet to the boundary line of any residential land use district.
b. Yard; Setback. Setback (front yard) provisions for the A-2 district shall be the same as those for the A-1 district (paragraph b. of subsection 32-36.5).
c. Yard; Rear. There shall be a rear yard of at least fifteen (15') feet for any structure.
32-37.6 Land Use and Variance Permits.
a. Land Use and Variance Permit; Granting. Land use permits for the special uses enumerated in paragraph b. of subsection 32-37.2 and variance permits to modify the provisions contained in paragraph a. of subsection 32-37.3 through paragraph c. of subsection 32-37.5 may be granted in accordance with Section 32-3.
32-38.1 General.
a. General Provisions. All lands within an A-4 agricultural preserve district may be used for any of the following uses, under the following regulations set forth in this chapter.
b. Intent and Purpose. This land use district is intended to provide areas that provide primarily for the commercial production of food and fibre and other compatible uses consistent with the intent and purpose of the Land Conservation Act of 1965.
32-38.2 Uses.
a. Uses Permitted. Uses permitted in the A-4 district shall be as follows:
1. All types of commercial, agricultural production, including general farming, horticulture, floriculture, livestock production, aviaries, apiaries, forestry and similar agricultural uses, excepting those uses requiring a permit in paragraph b. of this subsection.
2. Those agricultural and compatible uses specifically agreed upon between the County and the landowner at the time of entering into the agreement and designated in writing within the agreement.
b. Uses Requiring Land Use Permit. In the A-4 district the following uses are permitted on the issuance of a land use permit:
1. Related commercial agricultural uses including the erection, or modification of sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and buildings for the storage of agricultural products and equipment;
2. A stand not exceeding four hundred (400) square feet for the sale of agricultural products grown on the premises, if the stand is set back at least twenty-five (25') feet from the front property line;
3. Residence of the owner, owners, lessee, or lessor of the land on which the use is conducted. In no event shall any residential structure be permitted to be built or additional residential structure be erected on less than twenty (20) acres per unit;
4. Oil and gas drilling and production including the installation and use of only such equipment, structures and facilities as are necessary and convenient for drilling and extracting operations;
5. A home occupation;
6. Nurseries and greenhouses;
7. Hog ranches;
8. Dairying;
9. Fur farms;
10. Livestock and feed yards;
11. Poultry raising;
12. Commercial fish farming;
13. Wineries and facilities for processing of all agricultural products produced on the premises;
14. Living accommodations for agricultural workers employed on the property of the owner;
15. Mushroom houses;
16. Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices;
17. Those uses described in Section 51201(e) of the Government Code.
32-38.3 Parcels.
a. Parcel Size. Unless otherwise permitted in accordance with paragraph a.,2. of subsection 32-38.2, no structure permitted in the A-4 district shall be placed or erected upon a parcel smaller than twenty (20) acres.
b. Parcel Width. No agricultural pursuit shall be permitted, and no structure erected or placed on a lot less than three hundred (300') feet in average width.
32-38.4 Lots.
a. Lot Depth. No agricultural pursuit shall be permitted, nor shall any structure or use herein permitted be erected, placed, or established on a lot less than three hundred (300') feet deep.
32-38.5 Building Height.
a. Building Height; Maximum. There shall be no maximum building or structure height in the A-4 district.
32-38.6 Yards.
a. Yard; Side. No side yard shall be less than fifty (50') feet in width; barns, stables, and other buildings or structures used to house livestock, grainfed rodents, or poultry shall be at least fifty (50') feet from the boundary line of any residential land use district.
b. Yard; Setback. There shall be a setback (front yard) of at least fifty (50') feet for any building or structure.
c. Yard; Rear. There shall be a rear yard of at least twenty-five (25') feet for any building or structure.
32-38.7 Land Use and Variance Permits.
32-51.1 General.
a. General Provisions. All land within an O-1 limited office district may be used for any of the following uses, under the following regulations set forth in this section.
32-51.2 Uses.
a. Uses Permitted. The following uses are permitted provided that no merchandise is stored, handled, displayed or sold on the premises:
1. Professional offices such as those pertaining to, but not limited to, the practice of law, architecture, dentistry, medicine, engineering and accounting;
2. Administrative, executive and editorial offices;
3. Business offices for insurance, real estate and investment brokers or representatives.
b. Uses Requiring Land Use Permit. In the O-1 district the following uses are permitted upon the issuance of a land use permit:
1. Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and boarding homes;
2. Churches, religious institutions, and parochial and private schools, including nursery schools;
3. 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;
4. Publicly owned buildings and structures, except as provided in Sections 32-1 to 32-20.
5. Studios and galleries for arts and crafts, music and dance, and photography;
6. Commercial radio and television receiving and transmitting facilities; broadcasting studios or business offices; home cable-vision facilities, including repair shops, storage areas, and equipment parking space necessary for operation and maintenance of the system;
7. Drug and prescription sales accessory to a medical office or clinic providing such use is definitely incidental to the primary use and is not visible from the street;
8. Animal hospital.
32-51.3 Lots.
a. Lot Area. No building or structure permitted in the O-1 district shall be erected or placed on a lot having less than fifteen thousand (15,000) square feet.
b. Lot Width. No building or structure permitted in the O-1 district shall be erected or placed on a lot having less than one hundred (100') feet in average width.
c. Lot Depth. No building or structure permitted in the O-1 district shall be erected or placed on a lot having less than ninety (90') feet in depth.
d. Lot Coverage. No buildings or structures permitted in the O-1 district shall cover more than thirty-five percent (35%) of the lot area.
32-51.4 Building Height.
a. Maximum. No building or structure permitted in the O-1 district shall exceed two and one-half (2 1/2) stories or thirty-five (35') feet in height.
32-51.5 Yards.
a. Yard; Side. There shall be an aggregate side yard width of at least fifteen (15') feet with no single side yard being less than five (5') feet in width, except that when a side yard abuts a residential land use district, it shall then have a minimum width of fifteen (15') feet with a minimum of five (5') foot width on the other side.
b. Yard; Setback. There shall be a setback (front yard) of at least twenty (20') feet for any building or structure in the O-1 district; on corner lots, the principal frontage of the lot shall have a setback of at least twenty (20') feet and the other setback shall be at least fifteen (15') feet.
c. Yard; Rear. Rear yard provisions for the O-1 district shall be the same as those for the R-6 district (subsection 3222,6).
32-51.6 Off-Street Parking.
a. Off-street Parking; Space Requirements. One automobile storage space shall be provided on the same lot or parcel for each two hundred (200) square feet of floor area of building, except that for medical and dental offices, a minimum of five (5) automobile storage spaces shall be provided on the same lot or parcel for each full-time doctor.
32-51.7 Building Size.
a. Building Size; Gross Floor Area. No building in the O-1 district shall have a gross floor area exceeding fifteen thousand (15,000) square feet.
32-51.8 Open Area.
a. Open Area; General Provisions. Twenty-five percent (25%) of the parcel shall not be occupied by buildings, structures, or pavement, but shall be landscaped. Seventy-five percent (75%) of this twenty-five percent (25%) (open area) shall be planted and maintained with growing plants.
32-51.10 Site Plan and Elevations.
a. Scale Drawing. All developments proposed on the O-1 district shall submit an application to gain approval of the site plan and elevations. The application shall include drawings drawn to scale indicating the same data required for the M-30 district except for the deletion of "Amount of studio, one (1) bedroom, two (2) bedroom or other size apartment units." Reference to "zoning administrator" is changed to Planning Commission in final item.
b. Review and Approval of Application. The Planning Commission shall review the site plan and elevations in public hearing under Chapter XXX, Development Procedures. In approving the application, the Planning Commission shall find that the application is consistent with the intent of the O-1 district and that it is compatible with other uses in the vicinity, both within and without the district. When any plan has been approved by the Planning Commission, it shall not thereafter be altered or changed except with the approval of the Planning Commission after reviewing the proposed alterations or changes. For the review the Planning Commission may schedule a public hearing under Chapter XXX, Development Procedures.
c. Imposition of Conditions. The Planning Commission may impose reasonable conditions and limitations in addition to the requirements listed in this chapter in order to further carry out and develop the intent and purpose of the O-1 district.
d. Rezoning to O-1 District. An applicant requesting a change in zoning to the 01 limited office district shall follow the procedure set forth for the M-30 district.
32-51.11 Land Use and Variance Permits.
32-56.1 General.
a. General Provisions. All land within the district may be used for any of the following uses, under the following regulations set forth in this section.
b. Intent and Purpose; Designated. Acquisition for highway interchanges have and may continue to leave parcels of land that may create difficult problems requiring solutions that provide the fullest possible agreement with the policies and goals of the General Plan. This interchange transitional district is provided in order to establish a range of land uses from which may be selected one (1) or several that would through the application of exceptional or extraordinary design, develop the greatest number of compatibility factors and minimize or eliminate detrimental land use relationships. It is intended that this district shall have application only within the area of highway interchanges and their approaches, and then only when the above is clearly evident and found to exist by the Planning Agency.
32-56.2 Uses.
a. Use Permitted. Uses permitted in this district shall be the same as those for the R-6 district (Section 32-22).
b. Use Subject to Site Plan and Elevations Review. Uses permitted, subject to site plan and elevations review by the Planning Commission, shall be as follows:
1. A home occupation;
2. Hospitals, eleemosynary and philanthropic institutions, and convalescent homes;
3. Churches, religious institutions, and parochial and private schools, including nursery schools;
4. 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;
5. Commercial nurseries;
6. Publicly-owned buildings and structures except as provided in Articles I-III of this chapter.
7. Commercial radio and television receiving and transmitting facilities, including broadcasting studios or business offices;
8. Hotel or motel;
9. Two family detached dwelling;
10. Professional offices such as those pertaining to, but not limited to, the practice of law, architecture, dentistry, medicine, engineering and accounting;
11. Administrative, executive and editorial offices;
12. Business offices for insurance, real estate and investment brokers or representatives.
c. Use Requiring Land Use Permit. In this district the following uses are permitted upon the issuance of a land use permit by the Planning Commission.
1. Service station when designed as an accessory to and an integrated part of a motel or hotel complex;
2. Restaurant, when designed as an accessory to and an integrated part of a motel or hotel complex;
3. Drug and prescription sales when designed as an accessory to and an integrated part of a medical office, hospital or clinic providing such use is not visible from any street;
4. Animal hospitals.
32-56.3 Lots.
a. Area. Lot area provisions for this district shall be the same as those for the R-10 district (Section 32-22).
b. Width. Lot width provisions for this district shall be the same as those for the R-12 district (Section 32-22).
c. Coverage. Lot coverage provisions for this district shall be the same as those for the O-1 district (subsection 32-51.3c.).
32-56.4 Building Height.
a. Maximum. No building or structure permitted in this district shall exceed twenty-five (25') feet in height.
32-56.5 Yards.
a. Side Yard. Side yard provisions for this district shall be the same as those for the O-1 district (subsection 32-51.5a.).
b. Setback. There shall be a setback (front yard) of at least twenty (20) feet for any building or structure in this district.
c. Rear Yard. Rear yard provisions for this district shall be the same as those for the R-6 district (Section 32-22).
32-56.6 Open Area.
a. General Provisions. Open area provisions for this district shall be the same as those for the O-1 district (subsection 31-51.8a.).
32-56.7 Signs.
a. Restrictions. One (1) sign per parcel having a maximum size of twenty-five (25) square feet shall be permitted. No sign shall rotate, flash, or animate. No sign shall exceed the height of the roof eave line or twenty-five (25') feet, whichever is the lowest. No sign shall face a residential land use district which may be abutting the subject parcel.
32-56.8 Site Plan and Elevations.
a. Scale Drawing. All developments proposed in this district, except as listed in subsection 32-56.2a. shall submit an application to gain approval of the site plan and elevations. The application shall include drawings drawn to scale indicating the data required for the M-8 district except for the deletion of "Amount of studio, one (1) bedroom, two (2) bedroom or other size apartment units." Reference to "zoning administrator" is changed to Planning Commission in final item.
b. Review and Approval of Application. The Planning Commission shall review the site plan and elevations applications as set forth for the M-8 district.
c. Imposition of Conditions. Reasonable conditions may be imposed as set forth for the M-8 district.
d. Rezoning to the Interchange Transitional District. An applicant requesting a change in zoning to interchange transitional district shall follow the procedure set forth for the M-8 district.
(Ord. 67-43, §1 (part), 1967; prior code §8158.5(n)(4)).
32-56.9 Site Plan, Land Use, and Variance Permit.
a. Granting. Site plan permits for the uses enumerated in subsection 32-56.2a. land use permits for the special uses enumerated in paragraph b. of that subsection and variance permits to modify the provisions of subsection 32-56.3a. through subsection 32-56.7, may be granted in accordance with Section 32-3.
32-60.1 General.
a. General Provisions. All land within an R-B retail business district may be used for any of the following uses, under the following regulations set forth in this chapter.
32-60.2 Uses.
a. Permitted Uses. Uses permitted in the R-B district shall be as follows:
1. The carrying on of a retail business as defined in subsection 32-2.1 provided all the sales, demonstrations, displays, services and other activities of the retail business are conducted within an enclosed building, except that off-street parking shall be permitted;
2. All of the uses permitted in single family and two (2) family residential districts together with the uses permitted in these districts after the granting of land use permits;
3. Hotels and motels; and
4. Accessory signs providing such signs are not rotating, flashing or animated and do not exceed fifty (50) square feet of surface area except that double face signs shall be considered as having one (1) surface, and do not exceed twenty-five (25') feet in height.
b. Uses Requiring a Land Use Permit. In the R-B district the following uses are permitted after the issuance of a land use permit:
1. Lumber yard;
2. Cabinet shop;
3. Sheet metal shop;
4. Animal hospital;
5. Commercial dog kennel;
6. Hobby dog kennel;
7. Auto garage which includes body repair and painting;
8. Building contractor's yard;
9. Structures having three (3) or more residential apartment units. Minimum off-street parking requirements for apartment units shall be as required in subsection 32-24.9;
10. Other retail businesses where the sales, demonstrations, displays, services and other activities, or some of them, are conducted other than in an enclosed building;
11. Accessory signs having more than fifty (50) square feet in area, or more than twenty-five (25') feet in height or that are rotating, flashing or animated;
12. Nonaccessory signs;
13. Where a road, having a right-of-way width of fifty-five (55') feet or less, forms the common boundary between a district of this classification and a district of any residential classification, no access to property in the district of this classification adjacent to such common boundary shall be permitted to or from such road until a land use permit therefor shall have first been obtained. Such permit shall be determined by the effects of traffic upon such a road occasioned by use within such district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic, and other considerations found pertinent to the particular area concerned;
14. A manufacturing research use which is to be established in an existing fully enclosed building where no alterations, or a minimum amount of alterations, would be required to accommodate such use; and which wholly involves products of small bulk; and which meets the following standards:
(a) No smoke of any kind shall be permitted.
(b) No odors created by any industrial or processing operation shall be perceptible at the property site boundaries.
(c) No discharge into the air of any dust, dirt or particular matter, created by any industrial operation or emanating from any products prior to or subsequent to processing shall be permitted.
(d) No corrosive, obnoxious or toxic fumes or gases shall be permitted.
(e) No heat or glare shall be perceptible at any point beyond the subject boundaries.
(f) No manufacturing, processing or laboratory research shall be permitted which would create or establish an unusually special or dangerous fire or safety hazard to surrounding properties.
(g) No ground vibrations shall be perceptible at the property site boundaries.
(h) No emanation of noise exceeding seventy (70) decibels at the boundaries of the property shall be permitted.
(i) All manufacturing, processing or research operations shall be conducted within enclosed buildings.
(j) All open storage areas shall be screened by solid walls, fences or adequate plantings of not less than six (6') feet in height and in no case shall materials be stacked or stored higher than the screen.
15. Gasoline service station.
32-60.3 Lots.
a. Lot Area. All buildings or parts of buildings hereafter erected or altered for use for neighborhood business shall be situated on a lot at least thirty-five hundred (3500) square feet in area, and at least thirty-five (35) feet in average width.
32-60.4 Building Height.
a. Building Height; Maximum. No building or structure or part of it hereafter erected for a neighborhood business use shall be more than fifty (50) feet high above the highest point of ground elevation where the building is erected.
32-60.5 Yards.
a. Side Yard. No side yards are required.
b. Setback. Every structure erected for retail business use and every structure accessory to it shall be located at least ten (10') feet from the boundary line of any existing road or highway.
32-60.6 Land Use and Variance Permits.
32-60.7 Special District.
a. Special District; Generally. A single parcel of land, containing at least twenty (20) acres, located in a retail business district, may be developed as a special retail business district as provided in paragraphs b. through f. of this subsection.
b. Enlarged Detailed Map. An enlarged detailed map shall be made a part of this chapter and shall state on the map that it is a special retail business district. The map shall delineate, and set forth the conditions for the placement of buildings and spaces about buildings in legend form on the face of the map and thereby becomes a part of this subsection and of the detail of the area to which it applies.
c. Land Use Permits. Land use permits for the modification of any of the details set forth on the enlarged detail map may be granted after application under Section 32-3.
d. Lot Area. In special business districts paragraph a. of subsection 32-60.5, regulating lot area, shall not apply.
e. Building Construction. The enlarged detail map shall contain precise designations for sites of buildings. Only one (1) building may be constructed within a precise building site, but land use permits to construct additional buildings on the site may be granted after application under Section 32-3.
f. Areas Not Included in Building Sites. Areas in special retail business districts not included in precise building sites may be used for the following uses and purposes: walks, drives, curbs, gutters, parking areas, accessory buildings to parking areas, and other landscaping features not including buildings or structures, but buildings or structures may be erected in these areas on the issuance of a land use permit for them.
32-60.8 Development Plans.
a. Development Plans Required, Procedure. No development is lawful in an R-B district until a development plan for it has been submitted and approved.
32-61.1 General.
a. General Provisions. All land within a C general commercial district may be used for any of the following uses, under the following regulations set forth in this chapter.
32-61.2 Uses.
a. Uses Allowed. The following uses are allowed in C districts:
1. All types of wholesale businesses, warehouses, freight terminals, trucking yards, lumberyards, cabinet shops, sheet metal shops, auto repair garages, contractor's yards, and uses allowed in single family and two family residential districts without or with a land use permit;
2. Uses allowed in R-B districts;
3. Animal hospitals;
4. Commercial dog kennels;
5. Accessory signs which are not rotating, flashing or animated, do not exceed eighty (80) square feet in surface area except that double-face signs shall be considered having one (1) surface, and do not exceed twenty-five (25') feet in height.
b. Uses Requiring Land Use Permit. In the C district the following uses are permitted after the issuance of a land use permit:
1. Transit-mix plants;
2. Motels;
3. Hotels;
4. Structures having three (3) or more residential apartment units. Minimum off-street parking requirements for apartment units shall be as required in Section 32-8;
5. Nonaccessory signs;
6. Accessory signs having more than eighty (80) square feet in area, or more than twenty-five (25') feet in height, or that are rotating, flashing or animated;
7. Where a road, having a right-of-way width of fifty-five (55') feet or less, forms the common boundary between a district of this classification and a district of any residential classification, no access to property in the district of this classification adjacent to such common boundary shall be permitted to or from such road until a land use permit therefor shall have first been obtained. Such permit shall be determined by the effects of traffic upon such a road occasioned by use within such district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic, and other considerations found pertinent to the particular area concerned.
8. Gasoline service station.
32-61.3 Lots.
a. Lot Area. All buildings or parts of buildings hereafter erected in the C district shall be situated on lots at least seventy-five hundred (7,500) square feet in area.
32-61.4 Building Height.
a. Building Height; Maximum. No building or structure or part of it hereafter erected for a neighborhood business shall be more than fifty (50’) feet high above the highest point of ground elevation on the lot on which the building is erected.
32-61.5 Yards.
a. Side Yard. There shall be a side yard on each side of each building in the C district. There shall be aggregate side yards not less than ten (10’) feet wide, and the rear yard shall be at least twenty (20’) feet deep.
b. Yard; Setback. Every structure erected in the C district and every structure accessory to it shall be located at least ten (10’) feet from the boundary line of an existing public road or highway.
32-61.6 Land Use and Variance Permits.
32-61.7 Development Plans.
a. Required Procedure. No development is lawful in a C district until a Development Plan for it has been submitted and approved.
32-62.1 General.
a. General Provisions. All land within an L-I light industrial district may be used for any of the following uses, under the following regulations set forth in this chapter.
32-62.2 Uses.
a. General Provisions. Land in the L-I district may also be used for the following purposes: industrial uses which do not necessarily require or use steam generated on the premises as a prime power for the manufacturing process carried on, or extensive loading docks or similar facilities for the receiving or shipment of raw materials or semi-finished or finished products. Uses which emit dust, smoke, fumes, noise, or brilliant light, or are otherwise offensive to the senses or are of a kind of quality that their operation interferes with development or enjoyment of other property in the vicinity, may be established only after issuance of a land use permit establishing conditions for the use to prevent the creation or maintenance of a nuisance; uses included within the meaning of this proviso include, but are not limited to, hot mix, asphalt plants, rendering plants, food processing plants, tanneries, wineries, breweries, and other similar uses.
b. Uses Requiring Land Use Permit. All of the uses in the following districts are permitted after the granting of land use permits: Single family residential districts, multiple family residential districts, retail business districts, general commercial districts, and agricultural districts.
32-62.3 Lots.
a. Lot Area. All buildings or parts of buildings hereafter erected or altered in the L-I district shall be erected on a lot at least seventy-five hundred (7,500) square feet in area.
32-62.4 Building Height.
a. Building Height Maximum. No building or structure or part of it shall be more than three (3) stories high above the highest point of ground elevation on the lot on which the building is erected.
32-62.5 Yards.
a. Side Yard. All buildings erected on lots in the L-I district shall have side yards at least ten (10’) feet wide on each side of each building.
b. Yard Setback. Every structure erected in the L-I district and every structure accessory to it shall be located at least ten (10’) feet from the boundary line of any existing public road or highway.
32-62.6 Land Use and Variance Permits.
32-63.1 General.
a. P-1 Planned Unit District. All land within a P-1 district may be used as allowed and regulated in this section.
b. Intent and Purpose. A large-scale integrated development, infill development, or a General Plan special area of concern provides an opportunity for, and requires cohesive design when flexible regulations are applied; whereas the application of conventional regulation, designed primarily for individual lot development, to a large-scale development, infill development, or special area may create a monotonous and inappropriate neighborhood or development. The planned unit P-1 district is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces, ensure compatibility with surrounding land uses, and to ensure substantial compliance with the General Plan and the intent of the Town Municipal Code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. These standards shall be observed without unduly inhibiting the advantages of a large-scale site or special area planning. The P-1 district may also be used to provide additional zoning control by establishing site specific conditions of approval and standards for a specific P-1 district.
(Ord. #98-07, §2)
32-63.2 Uses.
a. Uses. The following uses are allowed in the P-1 district:
1. Any land uses permitted by an approved final development plan which are in harmony with each other, serve to fulfill the function of the planned unit development, and are consistent with the General Plan;
2. A detached single family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it;
3. A second unit which complies with Section 32-76 of this chapter, if a land use permit is first obtained
b. Restriction. No person shall grade or clear land, erect, move, or alter any building or structure on any land, after the effective date of its rezoning to a P-1 district, except when in compliance with an approved final development plan and/or this section.
c. Interim Exceptions. If any land has been zoned P-1 district but no preliminary development plan approved thereon, the following may be approved:
1. Single Family Dwelling. Where it is established to the satisfaction of the Chief of Planning that a vacant parcel of land is a legal lot and the one (1) detached single family dwelling proposed to be located thereon is consistent with the general plan, the dwelling may be placed on the lot without being subject to the application submittal, development plan review and approval provisions of this chapter.
2. Nonconforming Use. Until a final development plan is approved, any nonconforming use lawfully existing at the time of the establishment of P-1 zoning on that property may be repaired, rebuilt, extended, or enlarged in accordance with Section 32-4.
(Ord. #98-07, §2)
32-63.3 Site Minimums.
a. Areas. There is no minimum site area for a P-1 district. The appropriateness of using a P-1 district shall be determined on a case-by case basis based on the specific characteristics of the site and the need to provide additional zoning control by establishing site specific conditions of approval and standards for a specific P-1 District.
(Ord. #98-07, §2)
32-63.4 Density.
a. Residential. In computing the net development area to set residential densities, use the general plan as a guide and exclude areas which are not developable due to geologic, topographic, and natural factors (such as creeks, floodplains, etc.), areas set aside for churches, schools, commercial use or other nonresidential use, but include areas set aside for common open space, outdoor recreation or parks.
(Ord. #98-07, §2)
32-63.5 Rezoning.
a. Procedure. After initiation by the planning agency or final application approval, an area may be zoned “P-1 planned unit district” in accordance with Title 7 of the California Government Code and this chapter, and the zoning map of the area shall then be identified with the map symbol “P-1.”
b. Ordinance Plan. If an application for P-1 zoning and a preliminary or final development plan is finally approved, the preliminary or final development plan and any conditions attached thereto, as approved or later amended, shall be filed with the Planning Department, and they are thereby incorporated into this chapter and become a part of the ordinance referred to in paragraph a. of this subsection.
c. Rezoning and Development Plan Application. Except as waived in writing by the Chief of Planning, the application for rezoning to P-1 district and concurrent approval of a preliminary development consists of each of the following:
1. A preliminary development plan, drawn to scale, indicating:
(a) Proposed use(s) of all land in the subject area;
(b) Existing natural land features, and topography of the subject area;
(c) Circulation plan for all vehicular and pedestrian ways;
(d) Metes and bounds of the subject property;
(e) Location and dimensions of all existing structures;
(f) Landscaping, parking areas, and typical proposed structures;
(g) Anticipated grading for the development.
2. A written legal description of the subject area;
3. A preliminary report on provision for storm drainage, sewage disposal and public utilities;
4. A feasibility analysis of all public and semipublic recreational and educational areas and facilities proposed to be located within the development, stating anticipated financing, development and maintenance;
5. A residential density analysis of the subject area, and the estimated population resulting therefrom;
6. A statement of how the proposed development conforms to, and is consistent with the general plan;
7. A request for zoning change signed by the owner, and by the owner of any option to purchase the property or any portion thereof, if any;
8. Schematic drawings indicating the architectural design of all nonresidential buildings and structures and all residential buildings having attached units. Residential buildings utilizing zero lot line, cluster or patio techniques, typical designs shall be submitted. Single family detached units on difficult topography may require design and placement review when requested by the Chief of Planning;
9. A statement of the stages of development proposed for the entire development, indicating the sequence of units and explaining why each unit standing by itself would constitute reasonable and orderly development in relation to the entire contemplated development where it is proposed to file final development plans by units for portions of the area to be covered by the preliminary development plan; and
10. Any additional information as may be required by the Planning Commission or Town Council at the time of any public hearing.
(Ord. #98-07, §2)
32-63.6 Final Development Plan.
a. Requirements.
1. The final development plan drawn to scale, shall:
(a) Indicate the metes and bounds of the boundary of the subject property together with dimensions of lands to be divided;
(b) Indicate the location, grades, widths and types of improvements proposed for all streets, driveways, pedestrian ways and utilities;
(c) Indicate the location, height, number of stories, use and number of dwelling units for each proposed building or structure;
(d) Indicate the location and design of vehicle parking areas;
(e) Indicate the location and design of proposed landscaping, except for proposed single family residential development;
(f) Indicate the location and design of all storm drainage and sewage disposal facilities;
(g) Provide an engineer's statement of the proposed grading;
(h) Indicate the location and extent of all proposed land uses.
2. In addition, the final development plan shall be accompanied by:
(a) Elevations of all buildings and structures other than single family residences;
(b) A statement indicating procedures, and programming for the development and maintenance of public or semipublic areas, buildings and structures;
(c) A statement indicating the stages of development proposed for the entire development;
(d) Any additional drawings or information as may be required by the Planning Commission at the time of any public hearing in the matter.
b. Approval Procedure.
1. The final development plan shall be submitted to the Planning Commission for approval, as with use permit applications, except it is the Commission which hears and reviews it. The Commission's decision may be appealed to the Town Council in accordance with Section 30-7 and subsection 28.5, otherwise it becomes final.
2. A final development plan may he approved by the Planning Commission for a portion or unit of the approved preliminary development plan, in accordance with the sequence of units authorized by its conditions of approval, or upon a showing of both good cause and that the proposed portion or unit would, standing by itself, constitute reasonable and orderly development in relation to the entire development.
c. Combined Application and Final Plan.
1. Combination. An applicant for rezoning to the P-1district may submit simultaneously and in combination with the zoning application or thereafter but before the Town Council's final zoning decision, an application for approval of a final development plan for the entire property. The application and proposed final development plan shall comply with the requirements of subsections 32-63.2 and 32-63.6a.
2. Procedure. Such a combined final development plan application shall be processed, noticed, and heard by the Planning Commission. The Commission's decision shall be a recommendation to the Town Council which shall make the final decision on the final development plan along with the rezoning pursuant to subsection 32-63.5.
(Ord. #98-07, §2)
32-63.7 Plan Objectives, Regulations and Evaluations.
a. Design Objectives. To achieve design and aesthetic quality for large-scale integrated developments, infill developments, and/or General Plan special areas of concern, the following design objectives shall be met:
1. Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land which will remain, shall be considered and controlled.
2. A development's design should successfully integrate individual buildings and the building groups with the surrounding development, other physical features in the area, and existing development which will remain.
3. The design of structures should provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one (1) building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the urban or suburban character of the area.
4. Provisions are to be made for an efficient, direct and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas or lobbies.
5. Off-street parking and loading areas should be integrated into the overall vehicular circulation system.
b. Latitude of Regulations. The Planning Commission may recommend and the Town Council may adopt as part of the preliminary development plan, and may require in the final development plan; standards, regulations, limitations and restrictions which are either more or less restrictive than those specified within an alternate zoning district which would be applicable if the P-1 district were not proposed, and which are designed to protect and maintain property values and community amenities in the subject community, and which would foster and maintain the health, safety and general welfare of the community. If standards, regulations, limitations and restrictions which are less strict than those specified in the code are proposed, the applicant shall prepare alternate plans. as determined necessary by the Chief of Planning, which comply with applicable standards, regulations, limitations and restrictions, to allow a comparison of floor area ratio between the proposed plan and the plan which complies with all applicable standards. The floor area ratio of the proposed project shall be limited to be comparable with the alternate plan, unless otherwise approved by the Planning Commission or Town Council, as a result of demonstrated benefits to the project and/or neighborhood resulting from the proposed plan. The standards, regulations, limitations and restrictions may include, but are not limited to the following:
1. Height limitations on buildings and structures;
2. Percent coverage of land by buildings and structures;
3. Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;
4. The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;
5. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;
6. Construction of fences, walls and floodlighting of an approved design;
7. Limitations upon the size, design, number, lighting and location of signs and advertising structures;
8. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;
9. Location and size of off-street loading areas and docks;
10. Uses of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible with present or potential development of surrounding property;
11. Architectural design of buildings and structures;
12. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; and
13. Requiring of performance bonds to ensure development as approved.
c. Evaluations. When approving and adopting the rezoning application, the preliminary development plan or the final development plan, the Planning Commission and/or the Town Council as the case may be, shall be satisfied that:
1. The applicant intends to start construction within two and one-half (2 1/2) years from the effective date of zoning change and plan approval;
2. The proposed planned unit development is consistent with the county General Plan;
3. In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community;
4. In the case of the commercial development, it is needed at the proposed location to provide adequate commercial facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking, and that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development;
5. In the case of proposed industrial development, it is fully in conformity with the applicable performance standards, and will constitute an efficient and well organized development, with adequate provisions for railroad and/or truck access service and necessary storage, and that such development will have no adverse effect upon adjacent or surrounding development; and
6. The development of a harmonious, integrated plan justifies exceptions from the normal application of this Code.
(Ord. #98-07, §2)
32-63.8 Termination.
a. Procedure.
1. Reversion. P-1 district shall become null and void, and the land use district classification shall revert to the immediately preceding zoning designation if either:
(a) Within eighteen (18) months after the effective date of the establishment of the P-1 district and/or the approval of the preliminary development plan (whichever is sooner), a final Development Plan is not submitted to the Planning Commission, or
(b) Within twelve (12) months after the Planning Commission's approval of the final development plan, the construction specified in the final development plan has not been commenced.
2. Time Limit Exception. The time limitation in paragraph a,1,(2) of this section applies only to the first final development plan of a unit of a phased preliminary development plan; it does not apply after approval and implementation of such first final development plan.
3. Extensions. Upon showing of good cause, the Town Council may grant not more than five (5) extensions of the time limitations set forth in paragraph a,1, each for no more than one (1) year and all extensions totaling five (5) years or less.
(Ord. #98-07, §1)
32-63.9 Plan Changes.
a. Preliminary Development Plan.
1. Changes. Changes, in the approved preliminary development plan and its conditions of approval, may be approved by the Planning Commission, as with land use permit applications except that it is the Commission which hears and reviews them. The Commission's decision may be appealed to the Town Council in accordance with Section 30-4 and subsection 2-8.5, otherwise it becomes final.
2. Rezoning. When substantial changes in the preliminary development plan involve a reduction of or addition to its land area, then a rezoning application shall be submitted for consideration.
b. Final Development Plan.
1. Review, Hearing. The Planning Commission shall review approved final development plan applications for modification pursuant to and otherwise regulated by the land use permit provisions of Section 2-8, for which they may schedule a public hearing and shall do so if they determine that a substantial modification is being requested in an approved final development plan.
2. Findings. In approving the modification application, he shall find that it is consistent with the intent and purpose of the P-1 district and compatible with other uses in the vicinity, both inside and outside the district.
3. Conditions. The Planning Commission may impose reasonable conditions and limitations to carry out the purpose of the P-1 district when approving any modification. (Ord. #98-07, §2)
32-63.10 Variance Permits.
a. Granting.
1. Procedure. Variance permits to modify the provisions contained in subsection 32-63.3 may be granted in accordance with Sections 2-8 and 32-3.
2. General Plan Consistency. Such variance permit shall not be granted by the Planning Agency hearing the matter unless it finds that the variance is consistent with the General Plan. (Ord. #98-07, §2)
32-45.10 Land Use Areas.
These fourteen (14) land use areas are intended to accommodate a mix of uses and to guide development to appropriate locations within the downtown area, consistent with the Downtown Master Plan and the General Plan. The areas and their permitted uses are as set forth in subsections 32-45.11 through 32-45.21.2. Upon the determination of the Chief of Planning, the list of permitted and conditional uses in the fourteen (14) land use areas may be expanded to include similar uses, providing that the purpose and intent of each area is preserved and there is a finding of substantial conformance with this chapter.
Building height. All buildings and structures are limited to the height for the area in which the structure is located. The height limitation applies to roofs, roof projections, mechanical equipment, microwave sending and receiving devices and all other projections. Building height shall mean the vertical distance measured from the average level of the highest and lowest point of finished grade or natural grade, whichever is lower, of the lot covered by the building to the highest point of the structure.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013- 05; Ord. 2017-07, § 2; Ord. 2023-01, § 7)
32-45.11 Area 1 and Area 2A: Old Town Retail.
a. Purpose. To provide for an intensely developed central core area of ground floor retail, and second floor service commercial or service office businesses where merchandise is stored on-site and all transactions and/or services occur entirely within an enclosed building. Retail is defined as any business activity that devotes the major portion of the interior space to exhibit products which are for sale to the general public and which provides pedestrian interest and amenities. Uses in this area encourage shoppers to visit a variety of stores after parking or arriving by public transit.
b. Permitted Uses. The following uses are permitted in Area 1 subject to the development requirements in paragraph d.:
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar/nightclub/lounge;
6. Tasting room; " Blended use;
7. Incidental accessory uses;
8. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a; and
9. Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted upon issuance of a Land Use Permit if they are proposed to occupy more than twenty-five (25%) percent of a ground floor tenant space:
1. Personal service;
2. Service commercial;
3. Service office;
4. Government facilities;
5. Residential (above ground-floor only);
6. Outdoor storage and/or display of merchandise not provided under subsection 32-45.27;
7. Outdoor sales event; and
8. Business and professional office.
Other uses not specifically permitted or conditionally permitted in Area 1 or 2A or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building and the ability to effectively market a retail business.
d. Prohibited Uses. The following uses are prohibited in Area 1: 1. Short term rentals.
e. Development Requirements.
1. Floor Area Ratio. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development, (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. Ground Floor Uses. One hundred percent (100%) of ground floor tenant spaces shall generally be limited to retail and/or restaurant, bar/ nightclub lounge, tasting room, or blended uses. An exception can be made to allow up to a maximum of twenty-five percent (25%) of the ground floor of a building or shopping center to be personal service, service office, or service commercial uses if a finding can be made that the subject space is difficult to lease due to its location away from main pedestrian corridors (i.e., located down an alleyway, in a courtyard area, etc.). The exception may only be granted through the issuance of a Land Use Permit issued by the Chief of Planning or may be referred to the Planning Commission on a case-by-case basis.
3. Second Floor Uses. In addition to the allowed uses on the ground floor, personal service, service office, service commercial, business and professional office uses are permitted on the second floor.
4. Height limit is two (2) stories or thirty-five (35) feet, whichever is less.
5. Setback Requirements.
Front yard: Average of ten (10) feet minimum from a public right-of-way. Side and rear yards: No minimum, except on corner lots where there shall average ten (10) feet from a public right-of-way.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.12 Area 2: Old Town Retail Transition.
a. Purpose. To provide a transition and buffer between the more intensely developed central business district (Old Town Retail; Area 1 or 2A) and areas designated for mixed use and commercial development. This area allows a wider range of uses which are intended to be complimentary to the central business district area.
b. Permitted Uses. The following uses are permitted in Area 2, subject to the development requirements in paragraph d.:
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar / nightclub / lounge;
6. Tasting room;
7. Blended use;
8. Amusement places/arcades;
9. Auditorium;
10. Catering;
11. Clothes/carpet/ drapery cleaners without plant;
12. Emergency medical care;
13. Hotels/ motels /bed and breakfast;
14. Government facilities;
15. Personal service;
16. Service commercial;
17. Service office;
18. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
19. Incidental accessory uses; and
20. Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care;
2. Residential (above ground-floor only);
3. Outdoor storage of merchandise;
4. Outdoor sales; and
5. Drive-thru facilities.
Other uses not specifically permitted or conditionally permitted in Area 2, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 2: 1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. A minimum of twenty-five percent (25%) of the total ground floor space of the building or development shall be devoted to retail, all restaurant types, bar/nightclub/lounge, or tasting room uses, consistent with the definition of Blended Uses. Personal service, service commercial, and service office uses are permitted to locate in up to seventy-five percent (75%) of the remaining portion of the ground floor space of the building or development.
3. In addition to allowed ground floor uses, personal service, service office, service commercial, business and professional office uses are permitted on the second floor.
4. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
5. Set back requirements are as follows:
Front yard: Average of ten (10) feet minimum from a public right-of-way. Side and rear yards: No minimum, except on corner lots where there shall be an average of ten (10) feet from a public right-of-way.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.13 Area 3: Old Town Mixed Use.
a. Purpose. To introduce uses that are consistent and compatible with the pedestrian orientation of Area 1 and Area 2A-01d Town Retail (subsection 32-45.11),
b. Permitted Uses. The following uses are permitted in Area 3, subject to the development requirements in paragraph d.:
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar / nightclub / lounge;
6. Tasting room;
7. Blended use;
8. Amusement places/arcades;
9. Auditorium;
10. Catering;
11. Clothes/carpet/drapery cleaners without plant;
12. Emergency medical care;
13. Hotels/ motels /bed and breakfast;
14. Government facilities;
15. Service office;
16. Business and professional office;
17. Outdoor seating for restaurants and establishments with beer and wine only, licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
18. Emergency shelters;
19. Incidental accessory uses; and
20. Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care;
2. Residential (above ground-floor only)
3. Outdoor storage of merchandise; and
4. Outdoor sales event.
Other uses not specifically permitted or conditionally permitted in Area 3, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis if a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 3: 1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
3. Set back requirements are as follows:
Front yard: Average of ten (10) feet minimum from a public right-of-way. Side yard: Ten (10) feet total; minimum of five (5) feet. For a corner lot, average of ten (10) feet from public right-of-way. Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. No. 2017-07, § 2)
32-45.14 Area 4: Resident Serving Commercial.
a. Purpose. To provide services for the convenience of residents and the general community. Uses for this area include those uses which are not compatible with uses in a traditional central business district (Areas 1, 2 and 2A).
b. Permitted Uses. The following uses are permitted in Area 4, subject to the development requirements in paragraph d.:
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar/nightclub/lounge;
6. Tasting room;
7. Blended use;
8. Amusement places/arcades;
9. Auditorium;
10. Catering;
11. Clothes/ carpet/ drapery cleaners without plant;
12. Emergency medical care;
13. Hotels/motels/bed and breakfast inns;
14. Government facilities; Cabinet shop;
15. Glass shops and repair facilities;
16. Gunsmith;
17. Home improvement services;
18 Janitorial supply and service;
19. Locksmith;
20. Miscellaneous repair of household goods/business equipment;
21. Mortuary;
22. Nursery and gardening sales and supplies;
23. Pool supply;
24. Service station;
25. Trade schools;
26. Upholstery supply/repair;
27. Automotive oriented services (e.g., auto upholstery);
28. Service office;
29. Personal service;
30. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
31. Incidental accessory uses; and
23. Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care facility;
2. Drive-thru facilities;
3. Outdoor storage of merchandise;
4. Outdoor sales event;
5. Equipment sales and rental;
6. Heating, air conditioning/plumbing supply and repair;
7. Laundromat;
8. Sign painting;
9. Storage building;
10. Veterinarian hospital/boarding/pet grooming;
11. Auto/boat/motorcycle/trailer/ recreational vehicle sales or rentals;
12. Auto wash;
13. Auto repair (body, paint and tire) excluding wrecking and salvage;
14. Wholesale/assembly/minor manufacturing plants with storage and processing incidental to retail operation where not offensive or objectionable because of odor, dust, smoke, noise or vibration; Nursing/ convalescent home; and
15. Residential (above ground-floor only).
Other uses not specifically permitted or conditionally permitted in Area 4, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 4: 1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is fifty percent (50%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. Business and professional office uses are permitted on the second floor.
3. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
4. Set back requirements are as follows:
Front yard: Ten (10) feet minimum from a public right-of-way. Side yard: Ten (10) feet total; minimum of five (5) feet. For a corner lot, average of ten (10) feet from public right-of-way. Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.15 Area 5: Commercial/Residential Mixed Use.
a. Purpose. Area 5 consists of property containing the Town library and community center, the Stony Brook residential development, and two commercial properties along Hartz Way. This area shall include a mix of uses serving to complement and support the retail and restaurant uses of Areas 1, 2, 2A, and 3. A minimum of two (2) acres shall be devoted to public uses.
b. Permitted Uses. The following uses are permitted in Area 5:
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar/ nightclub / lounge;
6. Tasting room;
7. Blended uses;
8. Service office;
9. Business and professional office;
10. Residential uses as permitted in subsection 32-45.19;
11. Public uses;
12. Hotel;
13. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
14. Personal Service; and
15. Incidental accessory uses.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Drive-thru facilities;
2. Residential (above ground-floor only);
3. Outdoor storage of merchandise;
4. Outdoor display of merchandise;
5. Outdoor sales event; and
6. Child care facilities when integrated into a coordinated project consisting of the entirety of Area 5.
Other uses not specifically permitted or conditionally permitted in Area 5, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 5: 1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less; for Town and Country Drive, the height limit is as previously established through the General Plan amendment and Development Plan entitlement.
3. Set back requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way. Side yard: Fifteen (15) feet total; minimum of five (5) feet. For a corner lot, average of ten (10) feet from public right-of-way. Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 6; Ord. 2017-7, § 2)
32-45.16 Area 6: Business and Professional Offices.
a. Purpose. To allow a combination of commercial activity and business and professional offices except for retail commercial sales which are not ancillary to the specifically permitted uses.
b. Permitted Uses. The following uses are permitted in Area 6, subject to the development requirements in paragraph e.:
1. Development north and south of Town and Country Drive, east of Sheri Lane shall be limited office use as approved through the previous, property specific general plan amendment and development plan entitlements;
2. Service offices;
3. Business and Professional offices;
4. Government facilities; and
5. Incidental accessory uses.
c. Conditional Uses. Except for the area involving subsection b.l. above, the following uses are permitted with a Land Use Permit:
1. Restaurant, food to go;
2. Restaurant, full service;
3. Restaurant, limited service;
4. Bar/nightclub/lounge;
5. Tasting room;
6. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
7. Blended Uses;
8. Health clubs;
9. Veterinarians;
10. Residential (above ground-floor only); and
11. Child care facilities.
Other uses not specifically permitted or conditionally permitted in Area 6, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
d. Prohibited Uses. The following uses are prohibited in Area 6: 1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less; for Town and Country Drive, the height limit is as previously established through the General Plan amendment and Development Plan entitlement.
3. Setback requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way. Side yard: Fifteen (15) feet total, minimum of five (5) feet. For corner lots, fifteen (15) feet from the public right-of-way. Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.17 Area 7: Retail.
a. Purpose. To allow the continued use of retail business which sells goods, wares and merchandise directly to the ultimate consumer.
b. Permitted Uses. The following uses are permitted in Area 7, subject to the development requirements in paragraph d.:
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar/nightclub/lounge;
6. Tasting room;
7. Blended use;
8. Personal service;
9. Service Commercial;
10. Service Office;
11. Amusement places/arcades;
12. Auditorium;
13. Catering;
14. Clothes/carpet/drapery cleaners without plant;
15. Emergency medical care;
16. Hotels/motels/bed and breakfast inns;
17. Government facilities;
18. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
19. Incidental accessory uses; and
20. Outdoor display of merchandise.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Child care;
2. Drive-thru facility;
3. Outdoor storage of merchandise; and
4. Outdoor sales event.
Other uses not specifically permitted or conditionally permitted in Area 7, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
d. Development Requirements.
1. The maximum allowable floor area ratio is thirty-five percent (35%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
3. Setback requirements are as follows:
Front yard: Twenty (20) feet minimum from a public right-of-way. Side yard: Fifteen (15) feet total, minimum of five (5) feet. For corner lots, fifteen (15) feet from the public right-of-way. Rear yard: Twenty (20) feet minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.18 Area 8: Retail/Office.
a. Purpose. This area is referred to as the Livery Shopping Center. This site was developed under an existing P-l Planned Unit District and maintains its own land uses and controls.
b. Permitted Uses. As previously approved under DP 83-3 and DP 84-9.
1. Retail;
2. Restaurant, food to go;
3. Restaurant, full service;
4. Restaurant, limited service;
5. Bar/nightclub/lounge;
6. Tasting room;
7. Blended use;
8. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;
9. Outdoor display of merchandise; and
10. Incidental accessory uses.
For the free-standing pad buildings and the shopping center area south of Sycamore Valley Road:
11. Business and professional offices;
12. Service offices; and
13. Service commercial.
c. Prohibited Uses.
1. Supermarkets and drugstores;
2. Cabaret;
3. Warehouses;
4. Coin operated laundries;
5. Automobile sales, service or parts;
6. Heavy Equipment rentals;
7. Amusement arcades;
8. Service stations;
9. Car washes; and
10. A use with drive-up or walk-up windows where food is primarily prepared for off-premise consumption.
d. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Outdoor storage of merchandise; and
2. Outdoor sales event.
Other uses not specifically permitted or conditionally permitted in Area 8, or allowed via subsection 32-45.10, may be authorized by the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
e. Development Requirements.
1. The maximum allowable floor area ratio is thirty-five percent (35%) of the gross site area, inclusive of all conditioned space.
2. The height limit is as constructed.
3. Setback requirements are as previously approved and constructed under Development Plan DP 84-9.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
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 occupancy of twenty (20).
c. Conditional Uses. Conditional uses as contained in subsection 32-24.3 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.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 7; Ord. 2017-07, § 2; Ord. 2024-01, § 1)
32-45.20 Area 10: Mixed Use.
a. Purpose. This area is referred to as the Prudential Building, located at 630 San Ramon Valley Boulevard. This site was developed under an existing P-l Planned Unit District and maintains its own land uses and controls.
b. Permitted Uses. As previously approved under Development Plan DP 2000-27, business and professional offices, services office, retail, and incidental accessory uses.
c. Conditional Uses. The following activities are permitted with a Land Use Permit:
1. Outdoor storage of merchandise;
2. Outdoor display of merchandise; and
3. Outdoor sales.
d. Prohibited Uses. Restaurant, full service; Restaurant limited service; Bar/nightclub/lounge; tasting room, and Residential.
Other uses not specifically permitted or conditionally permitted in Area 10, or allowed via subsection 32-45.10, may be authorized by the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.
e. Height Limit. The height limit is two (2) stories or thirty-five (35) feet, whichever is less. The maximum height limit for accessory structures is fifteen (15) feet.
f. Development Requirements.
1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.
2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less;
3. Setback requirements are as follows:
Front yard: Twenty (10) foot average from public right-of-way. Side yard: Fifteen (15) feet total, minimum of five (5) feet. Rear yard: Twenty (20) foot minimum.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.21 Area 11: Special Opportunity District
a. Purpose. To permit flexible development standards tailored to best meet the needs of large downtown sites while maintaining the desired mix of land uses which are compatible with the downtown area.
b. Permitted Uses. The following uses are permitted in Area 11, subject to the development requirements in paragraph d.:
1. Retail;
2. Restaurant, full service;
3. Restaurant, limited service;
4. Restaurant, food to go;
5. Bar/ night club/ lounge;
6. Tasting room;
7. Blended use;
8. Outdoor display of merchandise;
9. Residential (above ground-floor only);
10. Hotels / motels /bed and breakfast inns;
11. Personal service, service office, service commercial, business and professional office uses (above ground-floor only);
12. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a; and
13. Incidental accessory uses.
c. Conditional Uses. The following uses are permitted upon issuance of a Land Use Permit if they are proposed to occupy more than twenty-five (25) percent of a ground floor tenant space:
1. Residential (where developed as a ground-floor use);
2. Personal service (where consistent with 32-45.21.d2);
3. Service commercial;
4. Service office;
5. Government facilities;
6. Outdoor storage of merchandise;
7. Outdoor sales event; and
8. Business and professional office.
Other uses not specifically permitted or conditionally permitted in Area 11 or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building and the ability to effectively market a retail business.
d. Prohibited Uses. The following uses are prohibited in Area 11:
1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space. Development of the site may be considered for a floor area ratio higher than eighty percent (80%), as determined on a case-by-case basis through the review of an individual Development Plan application, in exchange for the provision of up to one hundred percent (100%) on-site parking through the construction of underground or structured parking.
2. A minimum of seventy-five percent (75%) of the total ground floor space of the building or development shall be devoted to retail or restaurant uses, consistent with the definition of blended uses personal service, service office, and service commercial uses may be considered for a location in a maximum of twenty-five percent (25%) of the ground floor space where such use is located in a courtyard area or other area off the main pedestrian access and upon issuance of a Land Use Permit where a finding is made that uses will result in the creation of substantial pedestrian traffic. Where permitted personal service, service office, or service commercial uses are those which provide on-site service to customers as their primary activity and which are compatible with the immediate area. This twenty-five percent (25%) allowance may be in addition to any non-retail or non-restaurant uses within the building established as part of a blended use.
3. New development shall be designed to maximize the provision of on street parking adjacent to the site. This may include the provision of angled parking, consolidation of driveways, and/or other design solutions as appropriate.
4. The height limit is thirty-five (35) feet.
5. The setback requirements are as established through a site-specific Development Plan approval.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 8; Ord. 2017-07, § 2)
32-45.21.1 Area 12: Multifamily Residential High Density.
a. Purpose. To permit the use of properties for multifamily residential use consistent with the adopted Residential - Multifamily - High Density (25 to 30 dwelling units per acre) land use designation in the Downtown Master Plan and the General Plan.
b. Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the Danville Municipal Code; and
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 12:1. Short term rentals.
e. Development Requirements.
1. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all habitable or conditioned space. Non-habitable or non-conditioned project development area (e.g., enclosed individual garages, carports, or structured basement parking facilities) shall not be assessed towards a project's floor area ratio calculation.
2. The height limit is thirty-five (35) feet. The height limit for accessory structures is fifteen (15) feet.
3. Reduction from the applicable DBD numerical parking requirements set forth in subsection 32-45.34(q) may be considered on a project-by-project basis where housing to be developed is provided for seniors, or where it is determined that a reduced dependency on personal vehicles can reasonably be anticipated.
f. Building Setbacks. The minimum building setbacks shall be as established through a site-specific development plan approval. Future development abutting the 1-680 freeway shall be set back to the extent feasible to mitigate potential impacts associated with freeway noise, vibration, and/or air quality. Development along San Ramon Creek shall be set back to the extent feasible in order to accommodate a pedestrian path in vicinity of the top of bank of the creek.
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 and average sizes of individual private open space areas (i.e., open or covered private patios and private balconies) proposed for the project.
3. The location, minimum size, and average size of private storage spaces proposed for the project.
4. The proposed means to screen proposed above-ground transformers, meters, and other utilities.
5. The location, design and construction materials proposed for project fencing and retaining walls.
6. The percent coverage of land by buildings and structures.
7. The location and design of onsite project lighting.
8. The location, design and construction materials proposed for project porches, stoops, and similar design features.
(Ord. 2013-05; Ord. 2016-02, § 9; Ord. 2017-07, § 2)
32-45.21.2 Area 13: Multifamily Residential-High Special.
a. Purpose. To permit the use of properties for multifamily residential use consistent with the adopted Multifamily Residential - High Density Special (thirty to thirty-five (30 to 35) units per gross acre) land use designation. Consistent with language contained in these policy documents, the required minimum development density in DBD Area 13 shall be thirty (30) dwelling units per gross acre and the allowable maximum development density (absent density bonus provisions being invoked) shall be thirty-five (35) dwelling units per gross acre. Additionally, as directed by policy language contained in the Downtown Danville Special Concern Area text of the General Plan, new development shall be compatible in scale with existing development in Danville with buildings that respect the Town’s architectural heritage and character, and which have been reviewed through Danville’s design review process to achieve the desired form of development and extending the pedestrian-oriented qualities that make Downtown a desirable destination.
b. Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the Danville Municipal Code.
1. Developments which abut commercial corridors, including Hartz Avenue, Railroad Avenue, San Ramon Valley Blvd., Front Street, Linda Mesa Avenue, and Rose Street, shall include ground floor commercial space to be between eight and ten percent (8% and 10%) of the net floor space of the first two (2) 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 state 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 occupancy of twenty (20).
c. Conditional Uses. Conditional uses as contained in subsection 32-24.3 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%) of the net land area available for development, as determined by a planning entitlement deemed complete for processing.
f. Unit Size. For any development including ten (10) or more units, the maximum average unit size shall be one thousand five hundred (1,500) square feet.
g. 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 seven-point-five percent (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 (2 or 2½) story building massing, the remainder of the building grouping shall use a mix of thirty-three, thirty-five, and thirty-seven foot (33', 35' and 37') building heights while averaging a thirty-five foot (35') building height for the affected portion of the building - or as otherwise authorized through the design review process. The maximum building heights utilized shall have their building height determined by the building height measurement methodology cited above in Section 32-45.10 Land Use Areas - Building Height. The maximum height for an accessory structure is fifteen (15') feet.
h. 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):
1. Story Height and Building Height. The maximum allowable story height is four (4) stories. Where four (4) story building massing is proposed as part of a new project, each individual building grouping with a four (4) story building massing shall have a minimum of seven-point-five percent (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 (3 or 3½) story building massing, the remainder of the building grouping shall use a mix of forty-one, forty-three, and forty-five foot (41', 43' and 45') building heights while averaging a forty-five foot (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.
i. Parking. Reduction from the applicable Downtown Business District Ordinance numerical parking requirements set forth in subsection 32-45.34.j may be considered on a project-by-project basis where housing to be developed is provided for seniors, where it is determined that a reduced dependency on personal vehicles can reasonably be anticipated, where a default parking standard is applicable due to state housing law regulations, and/or where alternate parking standards are applicable because the project has invoked density bonus provisions.
j. Building Setbacks.
1. Front yard: Average of ten (10) feet from the public right-of-way, including corner lots.
2. Side yard and rear yard building setbacks shall be as established through a site-specific development plan approval. Future development abutting the I-680 freeway shall be set back to the extent necessary to mitigate potential impacts associated with freeway noise, vibration, and/ or air quality. Where development will occur beside a creek (e.g., along San Ramon Creek), development shall be set back to the extent feasible in order to accommodate a pedestrian path in vicinity of the top of bank of the creek as appropriate, for flood control maintenance purposes, or as may be required by resource agencies.
(Ord. 2024-01, § 3)
32-45.22 Architectural Development Standards.
This section sets forth specific architectural design guidelines for the development of new structures and the remodel of existing structures which changes the appearance in the designated Downtown Business District.
Danville's Downtown Business District contains a mixture of historic buildings and architectural styles in a pedestrian friendly setting. Though considerable variation exists in the downtown with respect to architectural styles, the overall scale and character of the downtown respects the areas' nineteenth century origins. The different architectural styles that form a historical context for the downtown include:
• Gothic Revival (169 Front Street - Vecki House);
• Victorian (100 School Street - Shuey/Podva House);
• Vernacular (411 Hartz Avenue - McCauley House);
• Victorian Stick (205 Railroad Avenue - Danville Depot);
• Neoclassic Rowhouse (146 Diablo Road - (Elliot House);
• Queen Anne Cottage (500 Hartz Avenue - Eddie House);
• Traditional Commercial Storefronts (360, 370 and 376 Hartz Avenue);
• Craftsman/California Bungalow (402 and 404 Hartz Avenue - George Foster House); and
• Spanish Eclectic/Spanish Revival (345-349 Hartz Avenue, 201 Front Street, McDonald's Drug Store and Danville Presbyterian Church).
Chapter 3 - "Architectural Styles" of the Town's Design Guidelines for Heritage Resources includes a comprehensive description of these architectural styles. The Town's Survey of Historically Significant Resources identifies additional styles that transition from one era to another, including types or subsets of the Victorian era such as Italianate, Stick/Eastlake, and Colonial Revival.
For the thirteen (13) land use areas identified downtown, all development standards contained in section 32-45 must be applied in a manner which ensures that the design of new buildings is successful on a stand alone basis, while working in context with the buildings' surroundings, allowing for effective integration of the new building into the existing downtown fabric.
Retail and restaurant uses are required to be the primary ground-floor uses established in Areas 1, 2, 2A, 3 and 11, in order to promote the creation of a pedestrian friendly environment and to provide for retail continuity. Storefront design standards included in this section are intended to facilitate these objectives.
The following construction materials and detailing apply to all thirteen (13) land use areas set forth in Division 2.
a. Project Design.
1. Design of all buildings shall be consistent with these guidelines; corporate, chain or franchise designs are not permitted.
2. Use of a variety of traditional architectural styles and shapes is permitted. Designs may relate to historic elements seen within the area, but shall be also distinguishable as being newer than the Heritage Resources. Imitation, period pieces, or reproduction of historic styles, such as those seen in theme amusement parks, are not allowed.
3. Building detailing shall be incorporated into each of the four sides of the building and consistent with the building's dominant architectural style. Visible blank walls are not allowed. Walls shall be articulated through windows, signs, lighting, vertical landscaping, or other architectural detailing. Detailing shall be an integral part of the building design and used appropriately throughout.
4. Outdoor spaces defined or partially enclosed by buildings shall be designed to function as focal points, merchandise display area, and/ or gathering spaces for sitting and walking as appropriate to the site.
5. Exterior lighting shall be addressed as an integral part of building landscaping and design.
b. Building Mass and Scale.
1. Larger building facades shall be broken into smaller units to convey a sense of human scale along street frontages.
2. New buildings shall step down in height as they approach a Heritage Resource building, Hartz Avenue and street corners.
3. New buildings shall observe the height limits as specified within the development requirements of each of the applicable land use areas.
c. Building Materials and Colors.
1. The use of the highest quality materials for building facades consistent with the architectural style of the building shall be provided.
2. Materials considered appropriate when used consistent with the architectural-style of the building include:
(a) Full and half brick;
(b) Wood siding;
(c) Natural/authentic masonry;
(d) Stucco;
(e) Slate;
(f) Shingles/ shakes;
(g) Wood windows and storefront doors;
(h) Metal and wood trellis;
(i) Tile accents;
(j) Metal accents; or (k) Glass block accents.
3. Use of materials designed to conserve natural resources and reduce negative impacts on the environment is encouraged.
4. Materials not allowed include:
(a) Windows with internal muntin's or simulated divided light;
(b) Lava rock;
(c) Synthetic/cultured stone;
(d) Metal siding;
(e) Corrugated metal;
(f) Plastic;
(g) Concrete block units; or
(h) Fiberglass panels.
5. Building colors shall be appropriate to the architectural style of the building and work in context with surrounding buildings.
6. Paint colors shall complement the colors of facade materials such as brick, masonry, etc.
d. Retail Frontages.
1. Storefronts shall be spaced in a repeated rhythm along the sidewalk to maintain pedestrian continuity and interest. Wall space between storefront windows shall be minimized.
2. Storefront bases shall generally be no more than twenty-four (24) inches high from the sidewalk.
3. Storefront base shall be of a material that complements the upper facade material.
4. Use of accent lighting to highlight merchandise displays in storefront windows is encouraged.
5. Facades with multiple storefronts may vary base material, entry location or awning design.
e. Entries.
1. Building and storefront entries shall be at sidewalk level.
2. In corner locations, the primary entrance shall be on the major street, or diagonally at the corner.
3. Entry doors to the street level shall be a minimum of fifty percent (50%) glass.
4. Where appropriate in design, storefront entries may project or be recessed for added relief on building facades.
5. Rear and side entries shall be compatible with front entries unless such entries are visually inaccessible or an alternate design is required for building code purposes.
f. Windows.
1. Windows from the building wall shall be articulated through use of bay windows, recessed windows, trim, or other design element.
2. Windows shall use clear or lightly tinted glass. Use of dark or reflective glass is prohibited.
3. Windows above the first floor shall be placed in a regular pattern or patterns, and shall be smaller than ground floor windows.
4. Projecting window sills shall be incorporated into the project design.
5. Transom windows are encouraged in new construction where appropriate to the architectural style of the building.
6. Storefront display windows shall have a vertical, rectangular orientation in a manner that is compatible with the character of downtown. Vast plate glass panels shall be avoided. Use of true divided light windows are encouraged. Allocate a minimum of sixty percent (60%) of the storefront to display windows.
7. Storefront windows shall be developed and maintained as uncovered and visible windows. Interior window coverings shall not be used in street level windows for retail spaces. Use of display lighting is encouraged.
8. Fully operable display windows are encouraged where appropriate.
g. Roofs.
1. Roofs shall be an integral part of the building design that complements the structure in scale, height and mass. Roof elements shall be similarly treated and architecturally integrated on all building elevations. The combination of incompatible roof elements is not permitted.
2. All roof-mounted mechanical and electrical equipment shall be fully integrated into the overall roof design so as to be totally screened from off-site view.
3. Decorative features such as accent materials, patterns, cornices, brackets, finials and roofline shapes are encouraged.
4. Materials. The following roof materials are considered to be appropriate when installed per Chapter 15 of the California Building Code:
(a) Wood shingles or shakes;
(b) Concrete tile;
(c) Clay tile;
(d) Slate;
(e) Composition roof materials compatible with the character of downtown; or
(f) Metal roofing, where used only as an accent element.
5. The following roof designs are considered appropriate.
(a) Hip and/or gable roofs; or
(b) Flat/minimum pitch roofs are permitted provided that no portion of the roof is visible from off-site and with sufficient detailing such as use of cornices or parapets. Further, all ducts, meters, air conditioning and/or any other mechanical equipment shall be effectively screened from view.
6. The following roof styles and designs are not permitted:
(a) Mansard;
(b) Shed;
(c) Built up or flat/minimum pitch roofs such that they may be viewed from off-site; or
(d) Metal roofs, unless used as an accent and not the entire roof.
h. Building Projections and Sidewalk Coverings.
1. Improvements may encroach into the public right-of-way only if an encroachment permit is submitted and approved must be approved as a part of a development plan permit.
2. Building projections shall be designed to relate to or complement the architectural style of the building and not shall block visibility of either the storefront or the architectural features of the facade.
3. Projections shall be designed so that upon removal, the architectural character and integrity of the facade shall remain intact.
4. All projections shall maintain a minimum vertical clearance of eight (8) feet measured from the corresponding pedestrian area directly below the projection.
5. Where posts or columns are proposed to support building projections, posts or columns shall be spaced to reinforce, rather than interfere with, facade or storefront elements. Use of climbing flowering vines or other landscape elements are encouraged for use with such posts or columns.
i. Site Design.
1. All outdoor storage and refuse collection areas shall be enclosed with self-closing and self-latching gates and shall be screened so that they are not visible from access streets and adjacent properties.
2. Outdoor storage of all company owned and operated motor vehicles, except for passenger vehicles, shall be reasonably screened from view from access streets, freeways and adjacent properties.
3. Storage or refuse collection is not permitted within front yard setback areas.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.22.a Outdoor Gathering Spaces.
The Town encourages the creation of outdoor gathering spaces, such as plazas and courtyards, as part of the approval of new land use or development entitlements, and provides the following incentive for their creation:
a. For every whole 100 square feet of outdoor gathering space provided as part of the approval of a new land use or development entitlement, the Town will give a credit towards the development's off-site parking in-lieu fee equal to the off-site parking in-lieu fee cost for one retail parking space.
(Ord. 2017-07, § 2)
32-45.23 Landscaping Development Standards.
The following landscaping development standards apply in the Downtown Business District:
a. General. Each site shall have landscape elements, such as planting areas, window boxes, containers, trellis, and/or vertical landscaping. All landscaping shall be provided with an automatic irrigation system. All trees shall be minimum fifteen (15) gallon size. Shrubs shall be minimum five (5) gallon size. Shrubs used as ground cover shall be minimum one (1) gallon size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover or covered with mulch. All unpaved, non-work areas (excluding vacant lots) shall be landscaped.
b. Hardscape. All sidewalks, decks and patios shall be constructed using concrete, exposed aggregate, stamped concrete, bricks, brick pavers, wood decking, tile or terrazzo. The use of asphalt pavement is only permitted in driveway and parking areas.
c. Perimeter Areas. Perimeter landscaping shall be provided along all property lines where buildings are set back from the lot line. A minimum of one (1) tree per thirty (30) lineal feet of property line shall be planted in the perimeter area in addition to required ground cover and shrubs. Trees may be clustered or uniformly spaced.
d. Frontage Landscaping. Frontage landscaping shall conform to the adopted Streetscape Beautification Guidelines.
e. Use of Landscaping. Landscaping shall be used in a complementary fashion, and should not obscure architectural elements on a building.
f. Plant type. Use of drought tolerant plants is encouraged.
g. Parking Areas.
1. A planter or landscaped strip at least five (5) feet in width shall be provided adjacent to street rights-of-way. Automobiles should be screened from off-site views through use of a combination of planting, berming and walls.
2. Driveway and parking areas shall be separated from adjacent landscaping by a wall or curb at least four (4) inches high, but no more than three (3) feet six (6) inches in height.
3. Minimum of one (1) tree for each five (5) parking stalls shall be installed within fingers or medians that project into the paved area.
h. Undeveloped Areas. Interim landscaping, including erosion control measures, shall be provided on all graded sites that will remain vacant prior to building construction. Undeveloped areas shall be maintained in a weed-free condition.
(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.24 Lot Area and Width.
The minimum lot area shall be thirty-five hundred (3,500) square feet, with a minimum average lot width of thirty-five (35) feet except where a smaller lot existed prior to the adoption of this chapter.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.25 Outdoor Display of Merchandise Criteria.
a. A minimum of five (5) foot width pedestrian access, as a public and/ or private access way, shall be maintained across storefronts and be kept clear of merchandise to allow for adequate public access. The five (5) foot minimum-width access shall meet all applicable accessibility standards for pathways, as defined by the current building code.
b. A minimum five (5) foot wide access shall be provided between the public entry to the storefront and the public sidewalk or on-site parking area.
c. No merchandise shall be placed in a manner that impedes emergency personnel access.
d. Merchandise may be placed within the public right-of-way if the criteria of 3a., 3b. and 3c. above are met, provided an encroachment permit is issued by the Town of Danville prior to placement.
e. Merchandise shall not impede access to surrounding businesses.
f. The display area for the merchandise shall be limited to the area immediately in front of the subject tenant space.
g. Merchandise displayed shall belong to the retailer using the subject building's ground floor space, and shall solely consist of retail goods normally sold within that store. Subleasing of the area of authorized outdoor display is expressly prohibited.
h. The maximum height of merchandise shall not exceed eight (8) feet in height above storefront entry level.
i. Outdoor display of automobiles is permitted subject to approval of a Land Use Permit.
j. Merchandise displayed outside storefronts shall be brought indoors overnight.
k. Merchandise shall be, at a minimum, rotated seasonally, at a minimum.
l. Sign requirements as contained within the Town of Danville Signs and Outdoor Advertising Ordinance (Chapter 32-98) shall apply to all outdoor display of merchandise contained within this chapter.
m. This section shall apply to retail businesses only.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.25.a Outdoor Seating.
a. Outdoor seating for food or beverage uses shall be contained within a fence or other enclosure which is architecturally compatible with the building and surroundings. Prior to occupying the outdoor seating, the operator shall submit a site plan and fencing plan for review and approval by the Town. For all new outdoor seating within Downtown Business District Areas 1, 2, 2A, 3 and 11, the Town's off-site parking in-lieu fee requirements shall apply.
b. For all existing restaurants with outdoor seating Land Use Permits approved by the Town prior to November 16, 2017, the outdoor seating may be modified to comply with these development standards and the parking requirements established under Section 32-45.34., and may be subject to the payment of the Town's off-site parking in-lieu fees.
c. Use Standards.
1. Any umbrellas used in conjunction with the outdoor seating area shall be commercial grade, shall be located so as to be fully contained within the exterior seating area, and shall not contain any product advertising or identification except the name of the business. The business name shall be printed on the umbrella with a maximum letter height of four inches and shall be placed only on the lowest vertical flap area of the umbrellas.
2. The tables and chairs used for exterior seating shall be consistent in type and design.
3. Exterior lighting associated with the subject restaurant use shall be low glare, shall be directed onsite, and shall not shine into adjacent properties or cause a nuisance for passing motorists or pedestrians. Only minimal safety lighting shall be allowed after the authorized hours of operation.
4. The outdoor seating area operator, in conjunction with the property owner of the subject commercial property, shall be responsible for keeping the exterior area containing and adjoining the exterior seating authorized by this permit clear of litter and debris. This responsibility shall include the obligation to clean the exterior seating area, if deemed necessary by the Planning Division.
5. Modification to the shape or size of the exterior seating area, beyond what was authorized at the initial occupancy of the seating area, shall not occur without authorization from the Planning Division.
6. Music (including any scheduled live performances), shall be kept at noise levels so as to not be clearly audible beyond 100 feet of the boundaries of the subject property, unless authorized by the Planning Division.
7. The use of loud speakers to make announcements to customers is prohibited.
8. The number of outdoor seats shall not exceed the permitted occupancy.
(Ord. 2017-07, § 2)
32-45.26 General Requirements.
a. Grading within the Downtown Business District is subject to the approval of the Chief of Planning and the Chief Building Official and is allowed by permit only if a Development Plan has first been approved by the Town.
b. No excavation or grading shall be done except in connection with the construction of an improvement. Upon completion thereof, exposed openings shall be backfilled and disturbed ground shall be finished and graded. Where not built upon, all sites shall be landscaped consistent with the intent of this chapter.
c. All access plans, necessary right-of-way dedications and improvements shall comply with the requirements and approval of the City Engineer.
d. Before a change in business or use, the new business or use is required to obtain a certificate of zoning compliance from the Chief of Planning.
e. Before accepting a Development Plan application, the Chief of Planning or the Heritage Resource Commission shall determine the historical significance of the site.
f. All businesses shall have conspicuously posted a copy of the Town-issued Certificate of Occupancy.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.27 Administrative Relief.
a. Administrative relief from the provisions of the architectural and landscaping development standards of this Division 3 may be granted by the Chief of Planning provided that the following findings can be made:
1. That the intent of this chapter will be preserved; and
2. The applicant/developer can demonstrate the regulations of this chapter are inapplicable to the characteristics of the business district area in which the project is located.
b. The variance procedure set forth in subsection 32-45.47 applies to changes of a requirement of lot area and width, building height and setbacks.
(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.30 General Requirements for On-site Parking.
a. Applicability to Existing Land Uses. A land use existing in the Downtown Business District as of November 21,1988, or for which a building permit has been issued, is not subject to the requirements of this chapter until there is a change of use/ business or expansion of the structure, provided that on-site parking facilities now required or serving such land uses are not reduced below these requirements in the future. A project already approved as of November 21, 1988 shall comply with the original conditions of approval until a new project is submitted and approved for the site. Parking required by the original conditions of approval may be removed with approval of the Planning Commission provided the owner demonstrates that removal is consistent with the intent and purpose of this chapter.
b. Parking Computation Methodologies. Where the computation of required off-site parking spaces results in a fractional number, the resulting computation will be rounded to one-tenth (1/10) of a parking space. Where the computation of required on-site parking spaces results in a fractional number, only the fraction of one-half (1/2) or more shall be counted as one (1) parking space. When performing computations, rounding shall not be performed until the final result is reached.
c. Joint Use Parking Agreements. A joint-use parking agreement may be used when the Town determines that all of the required parking cannot be met on-site or in the Town's municipal parking lots. A joint-use parking agreement may be considered when the joint-use parking is to be provided on a nearby or adjacent lot but the distance from the adjacent parking to the proposed facility shall not be greater than one hundred fifty (150) feet. Such parking shall be specifically designated for the uses to which it is assigned. The same parking spaces may not be counted toward the required parking for more than one (1) use at a time.
The applicant shall provide evidence to the satisfaction of the Chief of Planning that the joint-use parking agreement provides for a specified number of parking stalls, is recorded to run with the property and is enforceable for a specified term.
d. Off-Site Parking Credit. "Off-Site Parking Credit" means that a portion of the required parking spaces is provided on-site and/or a portion is provided in the municipal parking lot where the same parking spaces are assigned to more than one (1) use at one (1) time. The Off-site Parking Credit is required in Areas 1, 2, 2A, 3 and 11.
Because Areas 1, 2, 2A, 3 and 11 are developed with high density retail and restaurant uses and the availability of on-site parking is limited, a parking reduction of 20 percent will apply when it is determined that the off-site parking credit will be used. This parking reduction will only be allowed when a minimum of twenty-five percent (25%) of the required parking is purchased in the off-site public lot.
e. In Lieu Fees. Those properties and uses required to provide parking in off-site municipal parking lots pursuant to Section 32-45.31 of this Code shall pay an in lieu parking fee for each space required. The number of parking spaces used to calculate the required in lieu payment shall be based on the applicable standards of this Code. The amount of the in lieu parking fee per space shall be as set forth by resolution of the Town Council, in effect at the time the applicant 1) completes an application for a building permit or 2) initiates the land use activity that creates the demand for additional municipal parking, whichever comes first. In calculating the in lieu parking fee, if a credit to the property owner for Assessment District 73/74 (i.e., the Clocktower Municipal Parking Lot) is applicable, the credit shall not exceed the amount owed to the Town by way of the new project. Any in lieu parking fees due to Lhe Town shall be paid at issuance of a building permit or exercise of a land use entitlement creating the demand for additional parking, whichever occurs first.
(Ord. 2009-02, § 2)
f. Tandem Parking. Tandem parking is permitted only when the parking is used to meet the needs of employees or valet service is being provided. The property for which tandem parking is permitted must be posted or designated as such and the property owner must record a deed restriction.
g. Compact Parking. Up to thirty percent (30%) of the required parking may be provided in compact stalls. The compact stall dimension shall measure a minimum of eight (8) feet by sixteen (16) feet.
h. Historic Preservation Parking Relief. A reduction in the total number of parking spaces required under this chapter for a property designated a Heritage Resource shall be permitted according to the determination made by the Town, as provided by Town approval of historic preservation incentives for the Heritage Resource pursuant to subsection 32-72.1 of the Municipal Code.
i. Assessment District 73/74. Contra Costa County. Any parcel of land located within the existing Municipal Lot Assessment District (AD 73/74) shall receive credit for participation in that district by one (1) of the following:
1. If the parcel is within the one hundred percent (100%)-area of benefit (i.e., is a property with a shared boundary with the Clocktower equivalent to the parking demand that would be created with 100% floor area ratio coverage, after o observance of the requisite minimum front yard setback for retail.
2. If the parcel is located outside of the one hundred percent (100%) area of benefit (i.e., is not a property with a shared boundary with the Clocktower Municipal Parking Lot), then it shall receive full credit for the actual on-site spaces plus full credit for the actual dollar amount paid into AD 73/74 against payment of any in lieu fees.
j. Loading and Deliveries. Deliveries are encouraged in the Downtown Business District between the hours of 6:00 a.m. and 11:00 a.m. due to the commercial density of the area and the disruptive nature of loading activities at later times. Each Development Plan shall be required to include provisions for off-site loading such as a designated area, parking management plan or provisions for the use of a required parking stall to be used for loading during off-business hours. Handicapped parking stalls may be used for deliveries during hours in which the business being served is not open to the public.
k. Unless otherwise approved, parking areas may not be used for merchandise sales, storage, repair work, dismantling or servicing of any kind.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.31 Old Town Parking Area.
The special parking requirements of this chapter apply in Area 1, Area 2, Area 2A, Area 3, and Area 11 of the Downtown Business District.
a. Applicability. Existing on-site parking shall be allowed until one of the following occurs, at which time the property owner shall comply with the requirements of subsection b. below.
1. The property in question is completely redeveloped with new structures and new uses/businesses; or
2. A change of use/business is proposed which will intensify the parking demand; or
3. Where an addition to an existing structure is proposed and the added square footage is both less than 50% of the existing square footage of the structure and all building additions since November 21,1988 are cumulatively less than 50% of the original building size, the new square footage added must comply with the new parking standards;
Where the addition to an existing structure is proposed and the added square footage is greater than fifty percent (50%) of the existing square footage of the structure or the added square footage takes the structure cumulatively, since November 21, 1988, beyond 50% of the original building size, the entire square footage of the building, both existing and new, shall meet the parking requirements of this chapter.
b. Parking District Designations and Requirements.
(a) A minimum of fifty percent (50%) of the required parking shall be provided off-site in municipal parking lots.
(b) On-site parking may be provided underground and/or at grade as long as it is adequately screened. At grade parking located along Hartz Avenue shall be placed to the rear of buildings or substantially set back from applicable street frontages to substantially screen and buffer the parking through the use of berming, walls and/or landscaping that screen parked vehicles.
(c) Curb cuts shall be combined and minimized.
2. Parking District B. The boundaries of Parking District B are contiguous with the boundaries of Area 2 (Old Town Retail Transition), Area 2A (Old Town Retail) and Area 3 (Old Town Mixed Use). Proposed development within Parking District B shall conform to the following standards and those standards in subsections 32-45.32 and 32-45.34.
(a) Up to twenty-five percent (25%) of the required parking shall be provided off-site in municipal parking lots.
(b) Surface on-site parking is allowed.
3. Parking District C. The boundaries of Parking District C are contiguous with the boundaries of Area 11 (Special Opportunity District) as designated on Figure 6 of the 2030 General Plan. Proposed development within Parking District C shall conform to the following standards and those standards in subsections 32-45.32 and 32-45.34.
(a) A minimum of fifty percent (50%) of the required parking shall be provided on-site.
(b) Surface on-site parking is allowed.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.32 Design and Layout.
a. Dimensions of the required on-site parking spaces and driveways shall have the following dimensions:
Parking Angle (Degrees) | Stall Width | Curb Length | Stall Depth | Driveway
Width |
0 | 8'0" | 22'0" | 8'0" | 12'0" |
30 | 9'0" | 18'0" | 17'4" | 11'0" |
45 | 9'0" | 12'9" | 19'10" | 13'0" |
60 | 9'0" | 10'5" | 21'0" | 18'0" |
90 | 9'0" | 9'0" | 19'0" | 24'0" |
b. All on-site parking facilities shall be designated with appropriate maneuvering areas and means of vehicular access to the main and auxiliary streets. If the parking area does not abut a street, there shall be an access driveway not less than twelve (12) feet in width for one-way traffic and not less than twenty (20) feet for two-way traffic leading to the parking area in such a manner as to secure the most appropriate development of the property in question.
c. Pavement markings shall indicate the direction of traffic flow, stall width and length and any other directional signage and marking required.
d. Exterior wall-mounted lighting and lighting from parking lot light standards shall be at the minimum light intensity necessary to provide adequate lighting for safety and security purposes. Project light fixtures shall be of a design that generally screens the view of the light source and provides down-directed lighting.
e. Access to public parking areas and curb cuts shall be so located as to insure an efficient and safe traffic flow into the parking area and the public street.
f. Parking stall depth may be decreased two (2) feet in length when a bumper overhang is used. Where a parking stall overhang is utilized, appropriate to the depth and/or configuration of the affected landscape area shall be made to provide for a functional landscape area.
g. A minimum of six (6) foot high solid fence or masonry wall of a design acceptable to the Chief of Planning shall be provided along the edge of any public parking area adjacent to residentially zoned property.
h. A barrier curb or wheel stop at least four (4) inches in height shall be provided adjacent to landscaping, near buildings or other non-parking areas.
i. Required on-site parking areas shall be surfaced with an asphaltic or Portland cement pavement or similar material so as to provide a durable and dustless surface. Areas shall be graded and drained to prevent the ponding of water.
j. If a driveway provides access to a parking area with a garage or carport having access from either or both sides, the driveway shall be a minimum of twenty-four (24) feet in width. The garage and carport spaces shall be at an angle of sixty (60) degrees or greater and shall be set back a minimum of four (4) feet on one (1) side only, thus providing a twenty-eight (28) foot separation between structures or obstructions to facilitate vehicular turning movements.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.33 Maintenance and Operation.
All required parking facilities shall be provided and maintained so long as the structure exists which the parking areas were designed to serve. On-site parking facilities may not be reduced in area, except when the reduction conforms to this chapter.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.34 Parking Requirements.
Where an off-street parking requirement is stated as a ratio of parking spaces to floor area, the floor area shall be construed to mean the gross floor area and shall include, above and beyond the area of the business operation(s), all common or shared conditioned space, including, but not limited to, hallways, lobby areas, break rooms, and restrooms. Gross floor area shall also include the ground floor area devoted to elevators, elevator mechanical rooms and for interior stairwells.
Parking spaces shall be provided for each land use as follows:
a. Auditoriums and Assembly Halls:
1. With fixed seats: one (1) space per four (4) fixed seats;
2. Without fixed seats: one (1) space per forty (40) square feet of gross floor area;
b. Bars, nightclub, lounge: One (1) space per one hundred (100) gross square feet;
c. Blended Use: For a blended use in which at least 75 percent of the use is retail, the parking demand for the entire tenant space shall be calculated as a retail use. For any other blended use or where a tenant space is occupied by two (2) or more uses which fall into different use classifications, the calculated parking demand shall be the sum of the various individual uses, computed separately;
d. Bowling Alleys: Five (5) spaces for each alley, plus one (1) space for each two (2) concurrently present employees;
e. Churches: One (1) space per three (3) seats: (eighteen (18) linear inches of bench is considered one (1) fixed seat);
f. Hospitals: One (1) space for each two (2) beds;
g. Hotels and Motels: One (1) space per sleeping unit;
h. Medical and Dental Offices: One (1)) space per examining room, dental chair or similar use area or five (5) spaces per concurrently present medical professional, whichever is greater;
i. Mortuaries: One (1) space per fifty (50) square feet of gross floor areas in the chapel areas;
j. Multi-family Residential: Each apartment and dwelling unit shall have on-site automobile parking space on the same lot or parcel as follows:
1. Studio dwelling unit: one (1) space;
2. One (1) bedroom dwelling unit: one and one-half (1-1 / 2) spaces;
3. Two (2) or more bedroom units: two (2) spaces, plus one-quarter (1/4) space per each dwelling unit for guest parking, which may include available curb parking along the property's street frontage;
4. Spaces shall not be located within the side yard or setback areas of the principal structure;
5. In no event may there be less than one (1) covered space per dwelling unit;
k. Nursing Homes, Sanitariums, Convalescent Homes, Rest Homes: One (1) space for each three (3) beds;
l. Office, Service and Business and Professional, other than Medical and Dental Offices: One (1) space per two hundred twenty-five (225) square feet of gross floor area;
m. Outdoor seating: may be provided according to the following formula based on an approved interior plan:
1. Up to twenty-five percent (25%) of square footage of the gross interior floor area of the restaurant or tasting room use (including kitchen, storage, and similar nonpublic areas): no additional spaces;
2. Twenty-six (26%) or more percent of the square footage of the gross interior floor area of the restaurant or tasting room use (including kitchen, storage, and similar non-public areas): parking requirements same as interior food or beverage use;
n. Personal Service: Two (2) spaces per station;
o. Restaurants:
1. Food to go restaurants: One (1) space per two hundred fifty (250) square feet;
2. Full service restaurants: One (1) space per one hundred (100) gross square feet;
3. Limited service restaurant: One (1) space per two-hundred (200) square feet;
p. Retail Stores, except as otherwise specified here: One (1) space per two hundred fifty (250) square feet of gross floor area;
q. Retail Stores Which Handle Only Bulky Merchandise, such as Furniture, Household Appliances and Automobiles: One space per five hundred (500) square feet of gross floor area;
r. Rooming and Lodging Houses: One (1) space per each bedroom;
s. Service Commercial, except as otherwise specified here: One (1) space per two hundred fifty (250) square feet of gross floor area;
t. Service Commercial, Repair Shops, Wholesale Establishments and Retail and Wholesale Establishments where business is conducted primarily outside of buildings: One (1) space per five hundred (500) square feet of gross floor area;
u. Tasting room: One (1) space per one hundred (100) gross square feet;
v. Warehouses and Other Storage Buildings: One (1) space per one thousand (1,000) square feet of gross floor area.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.35 Administrative Relief and Parking Reductions.
Administrative relief from the terms of this Division may be granted by the Chief of Planning upon application and approval of an Administrative Permit if strict application of the requirements of this Division are found to be inappropriate and measures approved by the Chief of Planning are incorporated into the project which preserve the intent of this Division.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
a. Purpose. The following provisions, in conformance with state law, establish standards for the Town review of emergency shelters. For the purposes of this subsection, an emergency shelter shall be considered to have the same meaning as defined in Section 50801 of the California State Health and Safety Code and does not refer to emergency shelters set up for disaster relief. The following requirements are to implement the programs in the Danville Housing Element, to ensure compliance with Section 65583 of the Government Code, and to meet the emergency shelter needs of the community.
b. Applicability. Emergency shelters shall be permitted in accordance with the land use regulations of the DBD Area 3 - Old Town Mixed Use district and shall comply with the following standards:
1. Property development standards. The shelter shall conform to all property development standards of the zoning district.
2. Location. No emergency shelter shall be located within three hundred (300) feet of another emergency shelter.
3. Transit accessibility. Unless the emergency shelter facility is located within one-half mile of an existing bus route station, ongoing alternate means of transportation shall be provided by the facility operators, such as provision of a shuttle bus service to and from the bus route station.
4. Management. The shelter shall have twenty-four (24)-hour, professional on-site management.
5. Security. The shelter shall have on-site security and/ or security cameras.
6. Lighting. The shelter shall have adequate outdoor lighting for security purposes.
7. Length of stay. The shelter shall be available to residents for thirty (30) days. Extensions up to a total of one hundred eighty (180) days may be provided by the on-site manager if no alternative housing is available.
8. Maximum number of persons/beds. The shelter shall contain a maximum number of twelve (12) beds and shall serve no more than twelve (12) clients.
9. Waiting and intake areas. The shelter shall have a private area to receive clients.
10. On-site parking. The shelter shall provide for thirty-five-hundredths (0.35) parking space per individual bed plus one (1) additional space per employee.
11. Common facilities. The shelter may provide one (1) or more of the following specific facilities for the exclusive use of the residents and staff:
(a) Central cooking and dining room.
(b) Recreation room.
(c) Counseling center.
(d) Child-care facility.
(e) Laundry facility.
(f) Other support services.
(Ord. 2013-05; Ord. 2017-07, § 2)
32-45.40 Development Plan Requirement.
All land within the Downtown Business District is designated a P-l Planned Unit District and may be used as allowed and regulated in this chapter. No development is permitted in the Downtown Business District unless a Development Plan has been approved by the Chief of Planning or the Planning Commission.
When a development plan application involves a single property owner with parcels located in more than one (1) land use area and/ or parking district, the Planning Commission, at its discretion, may combine the requirements of the land use areas and/ or parking districts in the interest of creating a cohesive, integrated project.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.41 Application.
A request for development plan approval shall be signed by the property owner and by the owner of any option to purchase the property or portion thereof. Except as waived in writing by the Chief of Planning, the application shall consist of ten (10) copies of each of the following:
a. A site plan, drawn to scale, indicating:
1. Proposed use(s) of all land;
2. Existing natural land features, trees and topography;
3. Circulation plan for all vehicular and pedestrian ways including parking areas;
4. Location and dimensions of the property and all existing structures;
5. Preliminary grading for the development; and
6. Project phasing plan if more than one (1) phase is proposed.
b. A recent preliminary title report.
c. A preliminary utility plan including provisions for storm drainage, sewage disposal and public utilities.
d. Preliminary architectural plans including floor plans and all elevations.
e. Preliminary landscape plan.
f. Additional drawings or information as may be required by the Chief of Planning.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. No. 2017-07, § 2)
32-45.42 Approval Procedure.
A development plan application shall be submitted to the Planning Commission and/ or the Chief of Planning, as the case may be, for approval. The Chief of Planning or Planning Commission's decision may be appealed within ten (10) calendar days or it becomes final.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.43 Findings.
When approving and adopting the development plan application, the Chief of Planning and/ or Planning Commission, as the case may be, shall be satisfied regarding all of the following:
a. The applicant intends to obtain permits for construction within eighteen (18) months from the effective date of plan approval;
b. The proposed development plan is consistent with the General Plan;
c. In the case of residential development, the proposed development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community;
d. In the case of commercial and office development, the proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by:
1. Presently projected improvements;
2. Proper entrances and exits;
3. Internal provisions for traffic and parking; and
4. That the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.44 Termination.
a. Procedure. Development Plan or Land Use Permit approval expires thirty-six (36) months after the Chief of Planning or the Planning Commission's approval for new development or an addition to an existing structure, as the case may be, if a building permit has not been issued and construction commenced. Development Plan or Land Use Permit approval expires thirty (30) months after the Chief of Planning or the Planning Commission's approval, as the case may be, for new businesses, established in existing structures if a building permit has not been issued, construction commenced and/ or the business established.
(Ord. 2009-02, § 2; Ord. 2013-05)
b. Time Limit Exception. The time limitation in this chapter applies only to the first phase of a phased development plan; it does not apply after approval and implementation of the first phase.
c. Extensions. Upon a showing of good cause, the Chief of Planning or the Planning Commission, as the case may be, may grant not more than two (2) extensions of the time limitations in subsection a. above, each for no more than one (1) year.
(Ord. 2005-07, §2; Ord. 2017-07, § 2)
32-45.45 Plan Changes or Amendments.
A change in the approved Development Plan and its conditions of approval may be approved by the Planning Commission. Minor changes may be approved by the Chief of Planning.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)
32-45.46 Conditional Use Permit.
Application. Any application for Development Plan approval may be accompanied by an application for a Land Use Permit as required by Divisions 2, 3 and 4 of this chapter. A separate application for a Land Use Permit may be submitted for review and approval by the Chief of Planning consistent with the intent of this chapter, and may, at the discretion of the Chief of Planning, be referred to the Planning Commission for disposition.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. No. 2017-07, § 2)
32-45.47 Variance.
a. Granting Procedure. A variance to modify a requirement of this chapter may be granted in accordance with the procedures and standards of the Danville Ordinance Code, subsection 32-4 and Government Code Section 65906.
b. Special Uses. Land Use Permits for special uses as deemed appropriate by the Chief of Planning and/or Planning Commission and Variance Permits to modify the provisions contained in Divisions 2, 3, 4, and 5 of this chapter may be granted after application in accordance with Section 32-4 of the Town of Danville Municipal Code.
(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)