32-29 M-35 MULTIFAMILY RESIDENTIAL DISTRICT.

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 nonresidential 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)

Words and phrases as used in this section shall be as defined under Section 32-22.2.

(Ord. 2023-02, § 2)

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)

• 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)

• 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)

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 onehalf 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)

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, 200040-012):

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)

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)

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)

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)

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)

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

32-30— 32-35 RESERVED.

32-36 A-1 LIGHT AGRICULTURAL DISTRICT.

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.