Article XVII — NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND…

32-146 PURPOSE OF LAND OR FEES FOR SCHOOL PURPOSES.

32-147 - 32-149 RESERVED.

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

32-150 COMPLIANCE WITH HAZARDOUS WASTE MANAGEMENT PLAN.

32-150.1 Consistency with Contra Costa County Hazardous Waste Management Plan. - Exhibit A (Section 32 98)

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CHAPTER XXXII PLANNING AND LAND USE*

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The Town Council finds and declares that:

a. The intent and purpose of this article is to create a fee to be collected of all new development to provide the minimum funding necessary to offset costs to Town resources in the implementation of a National Pollutant Discharge Elimination System (NPDES). In this regard, the Danville Town Council hereby finds, based on the staff report submitted herewith, and oral and documentary evidence submitted to the Town Council at a public hearing on August 6, 1991, that this fee does not exceed the reasonable cost of providing the service or regulatory activity for which the fee is charged and is not levied for general revenue purposes.

b. The Town of Danville does hereby support the Federal Environmental Protection Agency, the San Francisco Bay Region of the California Regional Water Quality Control Board, the Contra Costa County Flood Control and Water Conservation District and the local municipalities in the

County of Contra Costa in their mutual efforts to identify and reduce storm water runoff pollutant discharge into the waters of San Francisco Bay.

c. New development within the Town of Danville does inherently create additional drainage volume and add to the existing pollutants entering the waters of San Francisco Bay.

d. The Town of Danville General Plan for Infrastructures has Goals and Policies specifying the incorporation of flood control systems to preserve existing waterways consistent with public safety and requires that the cost of upgrading those public facilities be borne by new developers and not existing residents.

e. The Town of Danville staff will be responsible for the implementation of portions of the Federal Clean Water Act requiring identification of pollutants and ultimately their removal from storm water runoff from sites within the Town's boundaries. In order to implement this program and comply with directives of the Town General Plan, Town staff and resources will be devoted to this end, and funding for this program shall be collected from new development.

f. This article is adopted under the police power of the Town, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code §66014 through §66018.

(Ord. #91-26, §1)

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A person who applies for a permit for the construction of a new (not for additions or remodels) residential or commercial building shall pay to the Town a National Pollutant Discharge Elimination System Fee for the elimination of storm drainage runoff pollutants. (Ord. #91-26, §l)

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32-140.3 Fee Amount.

The amount of the fee shall be as established by resolution of the Town Council. (Ord. #91-26, §1; Ord, #98-06, §9)

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The NPDES fee shall be paid to the Town of Danville before issuance of a building permit. (Ord #91-26, §1)

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The fee imposed by this section does not apply to a permit for the construction of a building for the following public and quasi-public uses:

• a. Day care center;

• b. Hospital, charitable or philanthropic institution or convalescent home;

• c. Church, religious institution and parochial or private school including a nursery school;

• d. Community building, club or activity of a public or quasi-public character;

• e. Publicly owned building and structures.

• (Ord. #91-26, §1)

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32-141—32-145 RESERVED[*] 1

• Editor's Note: Former Section 32-141, Stormwater Management and Discharge Control, previously codified herein and containing Ord. #94-19 was repealed in its entirety by Ordinance No. 2004-06.

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ARTICLE XVIII
USE AND LIMITS
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a. Use of Land and Fees. All land or fees, or both, collected pursuant to this division and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, including all mandated educational programs.

b. Agreement for Fee Distribution. Where two (2) separate school districts operate schools in an attendance area where the Town Council concurs that overcrowding conditions exist for both school districts, the Town Council will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this Article.

c. Fee Fund and Land Records and Reports. Any school district receiving funds or land pursuant to this Article shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the board on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of the Town Council.

d. Termination of Dedication Requirements. When it is determined that overcrowding conditions no longer exist in an attendance area, the County shall cease levying any fee or requiring the dedication of any land pursuant to this Article for the area.

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32-147—32-149 RESERVED.

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ARTICLE XIX

HAZARDOUS WASTE MANAGEMENT PLAN

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All land use decisions (e.g., zoning amendments, subdivision maps, conditional use permits and variances) within the Town of Danville shall be consistent with applicable portions of the Contra Costa County Hazardous Waste Management Plan. (Ord. #91-04, §2)

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Exhibit A (Section 32-98)

OLD TOWN—Indirect illumination

[Click here to view a PDF of Exhibit A]

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-150

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2026 S-18 (current) 2026 S-18 (current)

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES

ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

32-150 COMPLIANCE WITH HAZARDOUS WASTE MANAGEMENT PLAN.

32-150.1 Consistency with Contra Costa County Hazardous Waste Management Plan. - Exhibit A (Section 32 98)

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CHAPTER XXXII PLANNING AND LAND USE*

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The Town Council finds and declares that:

a. The intent and purpose of this article is to create a fee to be collected of all new development to provide the minimum funding necessary to offset costs to Town resources in the implementation of a National Pollutant Discharge Elimination System (NPDES). In this regard, the Danville Town Council hereby finds, based on the staff report submitted herewith, and oral and documentary evidence submitted to the Town Council at a public hearing on August 6, 1991, that this fee does not exceed the reasonable cost of providing the service or regulatory activity for which the fee is charged and is not levied for general revenue purposes.

b. The Town of Danville does hereby support the Federal Environmental Protection Agency, the San Francisco Bay Region of the California Regional Water Quality Control Board, the Contra Costa County Flood Control and Water Conservation District and the local municipalities in the

County of Contra Costa in their mutual efforts to identify and reduce storm water runoff pollutant discharge into the waters of San Francisco Bay.

c. New development within the Town of Danville does inherently create additional drainage volume and add to the existing pollutants entering the waters of San Francisco Bay.

d. The Town of Danville General Plan for Infrastructures has Goals and Policies specifying the incorporation of flood control systems to preserve existing waterways consistent with public safety and requires that the cost of upgrading those public facilities be borne by new developers and not existing residents.

e. The Town of Danville staff will be responsible for the implementation of portions of the Federal Clean Water Act requiring identification of pollutants and ultimately their removal from storm water runoff from sites within the Town's boundaries. In order to implement this program and comply with directives of the Town General Plan, Town staff and resources will be devoted to this end, and funding for this program shall be collected from new development.

f. This article is adopted under the police power of the Town, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code §66014 through §66018.

(Ord. #91-26, §1)

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A person who applies for a permit for the construction of a new (not for additions or remodels) residential or commercial building shall pay to the Town a National Pollutant Discharge Elimination System Fee for the elimination of storm drainage runoff pollutants. (Ord. #91-26, §l)

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32-140.3 Fee Amount.

The amount of the fee shall be as established by resolution of the Town Council. (Ord. #91-26, §1; Ord, #98-06, §9)

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The NPDES fee shall be paid to the Town of Danville before issuance of a building permit. (Ord #91-26, §1)

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The fee imposed by this section does not apply to a permit for the construction of a building for the following public and quasi-public uses:

• a. Day care center;

• b. Hospital, charitable or philanthropic institution or convalescent home;

• c. Church, religious institution and parochial or private school including a nursery school;

• d. Community building, club or activity of a public or quasi-public character;

• e. Publicly owned building and structures.

• (Ord. #91-26, §1)

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32-141—32-145 RESERVED[*] 1

• Editor's Note: Former Section 32-141, Stormwater Management and Discharge Control, previously codified herein and containing Ord. #94-19 was repealed in its entirety by Ordinance No. 2004-06.

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Notes
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ARTICLE XVIII
USE AND LIMITS
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a. Use of Land and Fees. All land or fees, or both, collected pursuant to this division and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, including all mandated educational programs.

b. Agreement for Fee Distribution. Where two (2) separate school districts operate schools in an attendance area where the Town Council concurs that overcrowding conditions exist for both school districts, the Town Council will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this Article.

c. Fee Fund and Land Records and Reports. Any school district receiving funds or land pursuant to this Article shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the board on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of the Town Council.

d. Termination of Dedication Requirements. When it is determined that overcrowding conditions no longer exist in an attendance area, the County shall cease levying any fee or requiring the dedication of any land pursuant to this Article for the area.

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32-147—32-149 RESERVED.

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ARTICLE XIX

HAZARDOUS WASTE MANAGEMENT PLAN

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All land use decisions (e.g., zoning amendments, subdivision maps, conditional use permits and variances) within the Town of Danville shall be consistent with applicable portions of the Contra Costa County Hazardous Waste Management Plan. (Ord. #91-04, §2)

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Exhibit A (Section 32-98)

OLD TOWN—Indirect illumination

[Click here to view a PDF of Exhibit A]

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-150.1

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2026 S-18 (current) 2026 S-18 (current)

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

32-150 COMPLIANCE WITH HAZARDOUS WASTE MANAGEMENT PLAN.

32-150.1 Consistency with Contra Costa County Hazardous Waste Management Plan. - Exhibit A (Section 32 98)

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CHAPTER XXXII PLANNING AND LAND USE*

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The Town Council finds and declares that:

a. The intent and purpose of this article is to create a fee to be collected of all new development to provide the minimum funding necessary to offset costs to Town resources in the implementation of a National Pollutant Discharge Elimination System (NPDES). In this regard, the Danville Town Council hereby finds, based on the staff report submitted herewith, and oral and documentary evidence submitted to the Town Council at a public hearing on August 6, 1991, that this fee does not exceed the reasonable cost of providing the service or regulatory activity for which the fee is charged and is not levied for general revenue purposes.

b. The Town of Danville does hereby support the Federal Environmental Protection Agency, the San Francisco Bay Region of the California Regional Water Quality Control Board, the Contra Costa County Flood Control and Water Conservation District and the local municipalities in the

County of Contra Costa in their mutual efforts to identify and reduce storm water runoff pollutant discharge into the waters of San Francisco Bay.

c. New development within the Town of Danville does inherently create additional drainage volume and add to the existing pollutants entering the waters of San Francisco Bay.

d. The Town of Danville General Plan for Infrastructures has Goals and Policies specifying the incorporation of flood control systems to preserve existing waterways consistent with public safety and requires that the cost of upgrading those public facilities be borne by new developers and not existing residents.

e. The Town of Danville staff will be responsible for the implementation of portions of the Federal Clean Water Act requiring identification of pollutants and ultimately their removal from storm water runoff from sites within the Town's boundaries. In order to implement this program and comply with directives of the Town General Plan, Town staff and resources will be devoted to this end, and funding for this program shall be collected from new development.

f. This article is adopted under the police power of the Town, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code §66014 through §66018.

(Ord. #91-26, §1)

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A person who applies for a permit for the construction of a new (not for additions or remodels) residential or commercial building shall pay to the Town a National Pollutant Discharge Elimination System Fee for the elimination of storm drainage runoff pollutants. (Ord. #91-26, §l)

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32-140.3 Fee Amount.

The amount of the fee shall be as established by resolution of the Town Council. (Ord. #91-26, §1; Ord, #98-06, §9)

==> picture [192 x 79] intentionally omitted <==

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The NPDES fee shall be paid to the Town of Danville before issuance of a building permit. (Ord #91-26, §1)

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The fee imposed by this section does not apply to a permit for the construction of a building for the following public and quasi-public uses:

• a. Day care center;

• b. Hospital, charitable or philanthropic institution or convalescent home;

• c. Church, religious institution and parochial or private school including a nursery school;

• d. Community building, club or activity of a public or quasi-public character;

• e. Publicly owned building and structures.

• (Ord. #91-26, §1)

==> picture [192 x 79] intentionally omitted <==

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32-141—32-145 RESERVED[*] 1

• Editor's Note: Former Section 32-141, Stormwater Management and Discharge Control, previously codified herein and containing Ord. #94-19 was repealed in its entirety by Ordinance No. 2004-06.

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Notes
1
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ARTICLE XVIII
USE AND LIMITS
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a. Use of Land and Fees. All land or fees, or both, collected pursuant to this division and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, including all mandated educational programs.

b. Agreement for Fee Distribution. Where two (2) separate school districts operate schools in an attendance area where the Town Council concurs that overcrowding conditions exist for both school districts, the Town Council will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this Article.

c. Fee Fund and Land Records and Reports. Any school district receiving funds or land pursuant to this Article shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the board on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of the Town Council.

d. Termination of Dedication Requirements. When it is determined that overcrowding conditions no longer exist in an attendance area, the County shall cease levying any fee or requiring the dedication of any land pursuant to this Article for the area.

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32-147—32-149 RESERVED.

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ARTICLE XIX

HAZARDOUS WASTE MANAGEMENT PLAN

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All land use decisions (e.g., zoning amendments, subdivision maps, conditional use permits and variances) within the Town of Danville shall be consistent with applicable portions of the Contra Costa County Hazardous Waste Management Plan. (Ord. #91-04, §2)

==> picture [192 x 79] intentionally omitted <==

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Exhibit A (Section 32-98)

OLD TOWN—Indirect illumination

[Click here to view a PDF of Exhibit A]

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-45.20

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2026 S-18 (current) 2026 S-18 (current)

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Danville Overview

Danville, CA Municipal Code

DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS 32-22 SINGLE FAMILY RESIDENTIAL DISTRICTS. 32-23 D-1 TWO FAMILY DISTRICT. 32-24 M-30 MULTIFAMILY RESIDENTIAL DISTRICT. 32-25 M-25 MULTIFAMILY RESIDENTIAL DISTRICT. 32-26 M-20 MULTIFAMILY RESIDENTIAL DISTRICT. 32-27 M-13 MULTIFAMILY RESIDENTIAL DISTRICT. 32-28 M-8 MULTIFAMILY RESIDENTIAL DISTRICT. 32-29 M-35 MULTIFAMILY RESIDENTIAL DISTRICT.

32-30 - 32-35 RESERVED.

32-36 A-1 LIGHT AGRICULTURAL DISTRICT. 32-37 A-2 GENERAL AGRICULTURAL DISTRICT.

32-38 A-4 AGRICULTURAL PRESERVE DISTRICT.

32-45 DOWNTOWN BUSINESS DISTRICT.*

Division 1 INTRODUCTION Division 2 SPECIFIC USES AND DEFINITIONS

32-45.10 Land Use Areas.

32-45.11 Area 1 and Area 2A: Old Town Retail.

32-45.12 Area 2: Old Town Retail Transition.

32-45.13 Area 3: Old Town Mixed Use.

32-45.14 Area 4: Resident Serving Commercial.

32-45.15 Area 5: Commercial/Residential Mixed Use.

32-45.16 Area 6: Business and Professional Ofces.

32-45.17 Area 7: Retail.

32-45.18 Area 8: Retail/Ofce.

32-45.19 Area 9: Multi-Family Residential High/Medium Density.

32-45.20 Area 10: Mixed Use.

32-45.21 Area 11: Special Opportunity District

32-45.21.1 Area 12: Multifamily Residential High Density.

32-45.21.2 Area 13: Multifamily Residential-High Special.

Division 3 DEVELOPMENT STANDARDS Division 4 PARKING STANDARDS Division 5 DEVELOPMENT PLAN REVIEW PROCEDURES

32-51 O-1 LIMITED OFFICE DISTRICT.

32-52 - 32-55 RESERVED.

32-56 G-1 INTERCHANGE TRANSITIONAL DISTRICT.

32-57 - 32-59 RESERVED.

32-60 R-B RETAIL BUSINESS DISTRICT.

32-61 C GENERAL COMMERCIAL DISTRICT.

32-62 L-I LIGHT INDUSTRIAL DISTRICT.

32-63 P-1 PLANNED UNIT DISTRICT.

32-64 - 32-68 RESERVED.

ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES

ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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• 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)

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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)

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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)

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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.

or 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 nonretail 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)

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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 sitespecific 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)

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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 thirtythree, 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, 216-120029, 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 fortyfive 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)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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32-45.21

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2026 S-18 (current) 2026 S-18 (current)

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS 32-22 SINGLE FAMILY RESIDENTIAL DISTRICTS. 32-23 D-1 TWO FAMILY DISTRICT. 32-24 M-30 MULTIFAMILY RESIDENTIAL DISTRICT. 32-25 M-25 MULTIFAMILY RESIDENTIAL DISTRICT. 32-26 M-20 MULTIFAMILY RESIDENTIAL DISTRICT. 32-27 M-13 MULTIFAMILY RESIDENTIAL DISTRICT. 32-28 M-8 MULTIFAMILY RESIDENTIAL DISTRICT. 32-29 M-35 MULTIFAMILY RESIDENTIAL DISTRICT.

32-30 - 32-35 RESERVED.

32-36 A-1 LIGHT AGRICULTURAL DISTRICT. 32-37 A-2 GENERAL AGRICULTURAL DISTRICT.

32-38 A-4 AGRICULTURAL PRESERVE DISTRICT.

32-45 DOWNTOWN BUSINESS DISTRICT.*

Division 1 INTRODUCTION Division 2 SPECIFIC USES AND DEFINITIONS

32-45.10 Land Use Areas.

32-45.11 Area 1 and Area 2A: Old Town Retail.

32-45.12 Area 2: Old Town Retail Transition.

32-45.13 Area 3: Old Town Mixed Use.

32-45.14 Area 4: Resident Serving Commercial.

32-45.15 Area 5: Commercial/Residential Mixed Use.

32-45.16 Area 6: Business and Professional Ofces.

32-45.17 Area 7: Retail.

32-45.18 Area 8: Retail/Ofce.

32-45.19 Area 9: Multi-Family Residential High/Medium Density.

32-45.20 Area 10: Mixed Use.

32-45.21 Area 11: Special Opportunity District

32-45.21.1 Area 12: Multifamily Residential High Density.

32-45.21.2 Area 13: Multifamily Residential-High Special.

Division 3 DEVELOPMENT STANDARDS Division 4 PARKING STANDARDS Division 5 DEVELOPMENT PLAN REVIEW PROCEDURES

32-51 O-1 LIMITED OFFICE DISTRICT.

32-52 - 32-55 RESERVED.

32-56 G-1 INTERCHANGE TRANSITIONAL DISTRICT.

32-57 - 32-59 RESERVED.

32-60 R-B RETAIL BUSINESS DISTRICT.

32-61 C GENERAL COMMERCIAL DISTRICT.

32-62 L-I LIGHT INDUSTRIAL DISTRICT.

32-63 P-1 PLANNED UNIT DISTRICT.

32-64 - 32-68 RESERVED.

ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES

ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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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)

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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)

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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.

or 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 nonretail 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)

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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.

y 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 sitespecific 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)

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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 thirtythree, 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, 216-120029, 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 fortyfive 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)

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Division 3 DEVELOPMENT STANDARDS

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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 selflatching 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)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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32-45.27

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2026 S-18 (current) 2026 S-18 (current)

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Danville Overview

Danville, CA Municipal Code

DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS 32-22 SINGLE FAMILY RESIDENTIAL DISTRICTS. 32-23 D-1 TWO FAMILY DISTRICT. 32-24 M-30 MULTIFAMILY RESIDENTIAL DISTRICT. 32-25 M-25 MULTIFAMILY RESIDENTIAL DISTRICT. 32-26 M-20 MULTIFAMILY RESIDENTIAL DISTRICT. 32-27 M-13 MULTIFAMILY RESIDENTIAL DISTRICT. 32-28 M-8 MULTIFAMILY RESIDENTIAL DISTRICT. 32-29 M-35 MULTIFAMILY RESIDENTIAL DISTRICT.

32-30 - 32-35 RESERVED.

32-36 A-1 LIGHT AGRICULTURAL DISTRICT. 32-37 A-2 GENERAL AGRICULTURAL DISTRICT.

32-38 A-4 AGRICULTURAL PRESERVE DISTRICT.

32-45 DOWNTOWN BUSINESS DISTRICT.*

Division 1 INTRODUCTION Division 2 SPECIFIC USES AND DEFINITIONS Division 3 DEVELOPMENT STANDARDS

32-45.22 Architectural Development Standards.

32-45.22.a Outdoor Gathering Spaces.

32-45.23 Landscaping Development Standards.

32-45.24 Lot Area and Width.

32-45.25 Outdoor Display of Merchandise Criteria.

32-45.25.a Outdoor Seating.

32-45.26 General Requirements.

32-45.27 Administrative Relief. Division 4 PARKING STANDARDS

Division 5 DEVELOPMENT PLAN REVIEW PROCEDURES

32-51 O-1 LIMITED OFFICE DISTRICT.

32-52 - 32-55 RESERVED.

32-56 G-1 INTERCHANGE TRANSITIONAL DISTRICT.

32-57 - 32-59 RESERVED.

32-60 R-B RETAIL BUSINESS DISTRICT.

32-61 C GENERAL COMMERCIAL DISTRICT.

32-62 L-I LIGHT INDUSTRIAL DISTRICT.

32-63 P-1 PLANNED UNIT DISTRICT.

32-64 - 32-68 RESERVED.

ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT

ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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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)

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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)

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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)

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