Danville Municipal Code Div. 2 Specific Uses and Definitions

These fourteen (14) land use areas are intended to accommodate a mix of uses and to guide development to appropriate locations within the downtown area, consistent with the Downtown Master Plan and the General Plan. The areas and their permitted uses are as set forth in subsections 32-45.11 through 32-45.21.2. Upon the determination of the Chief of Planning, the list of permitted and conditional uses in the fourteen (14) land use areas may be expanded to include similar uses, providing that the purpose and intent of each area is preserved and there is a finding of substantial conformance with this chapter.

Building height. All buildings and structures are limited to the height for the area in which the structure is located. The height limitation applies to roofs, roof projections, mechanical equipment, microwave sending and receiving devices and all other projections. Building height shall mean the vertical distance measured from the average level of the highest and lowest point of finished grade or natural grade, whichever is lower, of the lot covered by the building to the highest point of the structure.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013- 05; Ord. 2017-07, § 2; Ord. 2023-01, § 7)

a. Purpose. To provide for an intensely developed central core area of ground floor retail, and second floor service commercial or service office businesses where merchandise is stored on-site and all transactions and/or services occur entirely within an enclosed building. Retail is defined as any business activity that devotes the major portion of the interior space to exhibit products which are for sale to the general public and which provides pedestrian interest and amenities. Uses in this area encourage shoppers to visit a variety of stores after parking or arriving by public transit.

b. Permitted Uses. The following uses are permitted in Area 1 subject to the development requirements in paragraph d.:

• 1. Retail;
• 2. Restaurant, food to go;
• 3. Restaurant, full service;
• 4. Restaurant, limited service;
• 5. Bar/nightclub/lounge;
• 6. Tasting room; " Blended use;
• 7. Incidental accessory uses;

8. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a; and

9. Outdoor display of merchandise.

c. Conditional Uses. The following activities are permitted upon issuance of a Land Use Permit if they are proposed to occupy more than twenty-five (25%) percent of a ground floor tenant space:

• 1. Personal service;
• 2. Service commercial;
• 3. Service office;
• 4. Government facilities;
• 5. Residential (above ground-floor only);
• 6. Outdoor storage and/or display of merchandise not provided under subsection 32-45.27;
• 7. Outdoor sales event; and
• 8. Business and professional office.

Other uses not specifically permitted or conditionally permitted in Area 1 or 2A or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building and the ability to effectively market a retail business.

d. Prohibited Uses. The following uses are prohibited in Area 1: 1. Short term rentals.

e. Development Requirements.

1. Floor Area Ratio. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development, (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

2. Ground Floor Uses. One hundred percent (100%) of ground floor tenant spaces shall generally be limited to retail and/or restaurant, bar/ nightclub lounge, tasting room, or blended uses. An exception can be made to allow up to a maximum of twenty-five percent (25%) of the ground floor of a building or shopping center to be personal service, service office, or service commercial uses if a finding can be made that the subject space is difficult to lease due to its location away from main pedestrian corridors (i.e., located down an alleyway, in a courtyard area, etc.). The exception may only be granted through the issuance of a Land Use Permit issued by the Chief of Planning or may be referred to the Planning Commission on a case-by-case basis.

3. Second Floor Uses. In addition to the allowed uses on the ground floor, personal service, service office, service commercial, business and professional office uses are permitted on the second floor.

4. Height limit is two (2) stories or thirty-five (35) feet, whichever is less.

5. Setback Requirements.

Front yard: Average of ten (10) feet minimum from a public right-of-way. Side and rear yards: No minimum, except on corner lots where there shall average ten (10) feet from a public right-of-way.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)

a. Purpose. To provide a transition and buffer between the more intensely developed central business district (Old Town Retail; Area 1 or 2A) and areas designated for mixed use and commercial development. This area allows a wider range of uses which are intended to be complimentary to the central business district area.

b. Permitted Uses. The following uses are permitted in Area 2, subject to the development requirements in paragraph d.:

• 1. Retail;
• 2. Restaurant, food to go;
• 3. Restaurant, full service;
• 4. Restaurant, limited service;
• 5. Bar / nightclub / lounge;
• 6. Tasting room;
• 7. Blended use;
• 8. Amusement places/arcades;
• 9. Auditorium;
• 10. Catering;
• 11. Clothes/carpet/ drapery cleaners without plant;
• 12. Emergency medical care;
• 13. Hotels/ motels /bed and breakfast;
• 14. Government facilities;
• 15. Personal service;
• 16. Service commercial;
• 17. Service office;

18. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;

19. Incidental accessory uses; and

20. Outdoor display of merchandise.

c. Conditional Uses. The following activities are permitted with a Land Use Permit:

• 1. Child care;
• 2. Residential (above ground-floor only);
• 3. Outdoor storage of merchandise;
• 4. Outdoor sales; and
• 5. Drive-thru facilities.

Other uses not specifically permitted or conditionally permitted in Area 2, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.

d. Prohibited Uses. The following uses are prohibited in Area 2: 1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

2. A minimum of twenty-five percent (25%) of the total ground floor space of the building or development shall be devoted to retail, all restaurant types, bar/nightclub/lounge, or tasting room uses, consistent with the definition of Blended Uses. Personal service, service commercial, and service office uses are permitted to locate in up to seventy-five percent (75%) of the remaining portion of the ground floor space of the building or development.

3. In addition to allowed ground floor uses, personal service, service office, service commercial, business and professional office uses are permitted on the second floor.

4. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.

5. Set back requirements are as follows:

Front yard: Average of ten (10) feet minimum from a public right-of-way. Side and rear yards: No minimum, except on corner lots where there shall be an average of ten (10) feet from a public right-of-way.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)

a. Purpose. To introduce uses that are consistent and compatible with the pedestrian orientation of Area 1 and Area 2A-01d Town Retail (subsection 32-45.11),

b. Permitted Uses. The following uses are permitted in Area 3, subject to the development requirements in paragraph d.:

• 1. Retail;
• 2. Restaurant, food to go;
• 3. Restaurant, full service;
• 4. Restaurant, limited service;
• 5. Bar / nightclub / lounge;
• 6. Tasting room;
• 7. Blended use;
• 8. Amusement places/arcades;
• 9. Auditorium;
• 10. Catering;
• 11. Clothes/carpet/drapery cleaners without plant;
• 12. Emergency medical care;
• 13. Hotels/ motels /bed and breakfast;
• 14. Government facilities;
• 15. Service office;
• 16. Business and professional office;

17. Outdoor seating for restaurants and establishments with beer and wine only, licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;

• 18. Emergency shelters;
• 19. Incidental accessory uses; and
• 20. Outdoor display of merchandise.

c. Conditional Uses. The following activities are permitted with a Land Use Permit:

• 1. Child care;
• 2. Residential (above ground-floor only)
• 3. Outdoor storage of merchandise; and
• 4. Outdoor sales event.

Other uses not specifically permitted or conditionally permitted in Area 3, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis if a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.

d. Prohibited Uses. The following uses are prohibited in Area 3: 1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.

3. Set back requirements are as follows:

Front yard: Average of ten (10) feet minimum from a public right-of-way. Side yard: Ten (10) feet total; minimum of five (5) feet. For a corner lot, average of ten (10) feet from public right-of-way. Rear yard: Twenty (20) feet minimum.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. No. 2017-07, § 2)

a. Purpose. To provide services for the convenience of residents and the general community. Uses for this area include those uses which are not compatible with uses in a traditional central business district (Areas 1, 2 and 2A).

b. Permitted Uses. The following uses are permitted in Area 4, subject to the development requirements in paragraph d.:

• 1. Retail;
• 2. Restaurant, food to go;
• 3. Restaurant, full service;
• 4. Restaurant, limited service;
• 5. Bar/nightclub/lounge;
• 6. Tasting room;
• 7. Blended use;
• 8. Amusement places/arcades;
• 9. Auditorium;
• 10. Catering;
• 11. Clothes/ carpet/ drapery cleaners without plant;
• 12. Emergency medical care;
• 13. Hotels/motels/bed and breakfast inns;
• 14. Government facilities; Cabinet shop;
• 15. Glass shops and repair facilities;
• 16. Gunsmith;
• 17. Home improvement services;

• 18 Janitorial supply and service;

• 19. Locksmith;
• 20. Miscellaneous repair of household goods/business equipment;
• 21. Mortuary;
• 22. Nursery and gardening sales and supplies;
• 23. Pool supply;
• 24. Service station;
• 25. Trade schools;
• 26. Upholstery supply/repair;
• 27. Automotive oriented services (e.g., auto upholstery);
• 28. Service office;
• 29. Personal service;

30. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;

31. Incidental accessory uses; and

32. Outdoor display of merchandise.

c. Conditional Uses. The following activities are permitted with a Land Use Permit:

• 1. Child care facility;
• 2. Drive-thru facilities;
• 3. Outdoor storage of merchandise;
• 4. Outdoor sales event;
• 5. Equipment sales and rental;
• 6. Heating, air conditioning/plumbing supply and repair;
• 7. Laundromat;
• 8. Sign painting;
• 9. Storage building;
• 10. Veterinarian hospital/boarding/pet grooming;
• 11. Auto/boat/motorcycle/trailer/ recreational vehicle sales or rentals;
• 12. Auto wash;
• 13. Auto repair (body, paint and tire) excluding wrecking and salvage;

14. Wholesale/assembly/minor manufacturing plants with storage and processing incidental to retail operation where not offensive or objectionable because of odor, dust, smoke, noise or vibration; Nursing/ convalescent home; and

15. Residential (above ground-floor only).

Other uses not specifically permitted or conditionally permitted in Area 4, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.

d. Prohibited Uses. The following uses are prohibited in Area 4: 1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area ratio is fifty percent (50%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

• 2. Business and professional office uses are permitted on the second floor.
• 3. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.
• 4. Set back requirements are as follows:

Front yard: Ten (10) feet minimum from a public right-of-way. Side yard: Ten (10) feet total; minimum of five (5) feet. For a corner lot, average of ten (10) feet from public right-of-way. Rear yard: Twenty (20) feet minimum.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)

a. Purpose. Area 5 consists of property containing the Town library and community center, the Stony Brook residential development, and two commercial properties along Hartz Way. This area shall include a mix of uses serving to complement and support the retail and restaurant uses of Areas 1, 2, 2A, and 3. A minimum of two (2) acres shall be devoted to public uses.

b. Permitted Uses. The following uses are permitted in Area 5:

• 1. Retail;
• 2. Restaurant, food to go;
• 3. Restaurant, full service;
• 4. Restaurant, limited service;
• 5. Bar/ nightclub / lounge;
• 6. Tasting room;
• 7. Blended uses;
• 8. Service office;
• 9. Business and professional office;
• 10. Residential uses as permitted in subsection 32-45.19;
• 11. Public uses;
• 12. Hotel;

13. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;

14. Personal Service; and

15. Incidental accessory uses.

c. Conditional Uses. The following activities are permitted with a Land Use Permit:

• 1. Drive-thru facilities;
• 2. Residential (above ground-floor only);
• 3. Outdoor storage of merchandise;
• 4. Outdoor display of merchandise;
• 5. Outdoor sales event; and

6. Child care facilities when integrated into a coordinated project consisting of the entirety of Area 5.

Other uses not specifically permitted or conditionally permitted in Area 5, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.

d. Prohibited Uses. The following uses are prohibited in Area 5: 1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less; for Town and Country Drive, the height limit is as previously established through the General Plan amendment and Development Plan entitlement.

3. Set back requirements are as follows:

Front yard: Twenty (20) feet minimum from a public right-of-way. Side yard: Fifteen (15) feet total; minimum of five (5) feet. For a corner lot, average of ten (10) feet from public right-of-way. Rear yard: Twenty (20) feet minimum.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 6; Ord. 2017-7, § 2)

a. Purpose. To allow a combination of commercial activity and business and professional offices except for retail commercial sales which are not ancillary to the specifically permitted uses.

b. Permitted Uses. The following uses are permitted in Area 6, subject to the development requirements in paragraph e.:

1. Development north and south of Town and Country Drive, east of Sheri Lane shall be limited office use as approved through the previous, property specific general plan amendment and development plan entitlements;

• 2. Service offices;
• 3. Business and Professional offices;
• 4. Government facilities; and
• 5. Incidental accessory uses.

c. Conditional Uses. Except for the area involving subsection b.l. above, the following uses are permitted with a Land Use Permit:

• 1. Restaurant, food to go;
• 2. Restaurant, full service;
• 3. Restaurant, limited service;
• 4. Bar/nightclub/lounge;
• 5. Tasting room;

6. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;

• 7. Blended Uses;
• 8. Health clubs;
• 9. Veterinarians;
• 10. Residential (above ground-floor only); and
• 11. Child care facilities.

Other uses not specifically permitted or conditionally permitted in Area 6, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.

d. Prohibited Uses. The following uses are prohibited in Area 6: 1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area ratio is sixty-five percent (65%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less; for Town and Country Drive, the height limit is as previously established through the General Plan amendment and Development Plan entitlement.

3. Setback requirements are as follows:

Front yard: Twenty (20) feet minimum from a public right-of-way. Side yard: Fifteen (15) feet total, minimum of five (5) feet. For corner lots, fifteen (15) feet from the public right-of-way. Rear yard: Twenty (20) feet minimum.

(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)

a. Purpose. To allow the continued use of retail business which sells goods, wares and merchandise directly to the ultimate consumer.

b. Permitted Uses. The following uses are permitted in Area 7, subject to the development requirements in paragraph d.:

• 1. Retail;
• 2. Restaurant, food to go;
• 3. Restaurant, full service;
• 4. Restaurant, limited service;
• 5. Bar/nightclub/lounge;
• 6. Tasting room;
• 7. Blended use;
• 8. Personal service;
• 9. Service Commercial;
• 10. Service Office;
• 11. Amusement places/arcades;
• 12. Auditorium;
• 13. Catering;
• 14. Clothes/carpet/drapery cleaners without plant;
• 15. Emergency medical care;
• 16. Hotels/motels/bed and breakfast inns;
• 17. Government facilities;

18. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a;

19. Incidental accessory uses; and

20. Outdoor display of merchandise.

c. Conditional Uses. The following activities are permitted with a Land Use Permit:

• 1. Child care;
• 2. Drive-thru facility;
• 3. Outdoor storage of merchandise; and
• 4. Outdoor sales event.

Other uses not specifically permitted or conditionally permitted in Area 7, or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building.

d. Development Requirements.

1. The maximum allowable floor area ratio is thirty-five percent (35%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space.

2. The height limit is two (2) stories or thirty-five (35) feet, whichever is less.

3. Setback requirements are as follows:

Front yard: Twenty (20) feet minimum from a public right-of-way. Side yard: Fifteen (15) feet total, minimum of five (5) feet. For corner lots, fifteen (15) feet from the public right-of-way. Rear yard: Twenty (20) feet minimum.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)

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)

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)

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)

a. Purpose. To permit flexible development standards tailored to best meet the needs of large downtown sites while maintaining the desired mix of land uses which are compatible with the downtown area.

b. Permitted Uses. The following uses are permitted in Area 11, subject to the development requirements in paragraph d.:

• 1. Retail;
• 2. Restaurant, full service;
• 3. Restaurant, limited service;
• 4. Restaurant, food to go;
• 5. Bar/ night club/ lounge;
• 6. Tasting room;
• 7. Blended use;
• 8. Outdoor display of merchandise;
• 9. Residential (above ground-floor only);
• 10. Hotels / motels /bed and breakfast inns;

11. Personal service, service office, service commercial, business and professional office uses (above ground-floor only);

12. Outdoor seating for restaurants and establishments with beer and wine only licenses from the California Department of Alcoholic Beverage Control, and subject to the standards listed under Section 32-45.25.a; and

13. Incidental accessory uses.

c. Conditional Uses. The following uses are permitted upon issuance of a Land Use Permit if they are proposed to occupy more than twenty-five (25) percent of a ground floor tenant space:

• 1. Residential (where developed as a ground-floor use);
• 2. Personal service (where consistent with 32-45.21.d2);
• 3. Service commercial;
• 4. Service office;
• 5. Government facilities;
• 6. Outdoor storage of merchandise;
• 7. Outdoor sales event; and
• 8. Business and professional office.

Other uses not specifically permitted or conditionally permitted in Area 11 or allowed via subsection 32-45.10, may be authorized by the Chief of Planning or referred to the Planning Commission on a case-by-case basis where a finding is made that the proposed use is consistent with the intent and purpose of this chapter. Such case-by-case review shall take into consideration the location, size and design of the building and the ability to effectively market a retail business.

d. Prohibited Uses. The following uses are prohibited in Area 11:

1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all conditioned space. Development of the site may be considered for a floor area ratio higher than eighty percent (80%), as determined on a case-by-case basis through the review of an individual Development Plan application, in exchange for the provision of up to one hundred percent (100%) on-site parking through the construction of underground or structured parking.

2. A minimum of seventy-five percent (75%) of the total ground floor space of the building or development shall be devoted to retail or restaurant uses, consistent with the definition of blended uses personal service, service office, and service commercial uses may be considered for a location in a maximum of twenty-five percent (25%) of the ground floor space where such use is located in a courtyard area or other area off the main pedestrian access and upon issuance of a Land Use Permit where a finding is made that uses will result in the creation of substantial pedestrian traffic. Where permitted personal service, service office, or service commercial uses are those which provide on-site service to customers as their primary activity and which are compatible with the immediate area. This twenty-five percent (25%) allowance may be in addition to any non-retail or non-restaurant uses within the building established as part of a blended use.

3. New development shall be designed to maximize the provision of on street parking adjacent to the site. This may include the provision of angled parking, consolidation of driveways, and/or other design solutions as appropriate.

4. The height limit is thirty-five (35) feet.

5. The setback requirements are as established through a site-specific Development Plan approval.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2016-02, § 8; Ord. 2017-07, § 2)

a. Purpose. To permit the use of properties for multifamily residential use consistent with the adopted Residential - Multifamily - High Density (25 to 30 dwelling units per acre) land use designation in the Downtown Master Plan and the General Plan.

b. Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the Danville Municipal Code; and

c. Conditional Uses. Conditional uses as contained in subsection 32-24.4 of the Danville Municipal Code may be permitted upon issuance of a Land Use Permit.

d. Prohibited Uses. The following uses are prohibited in Area 12:1. Short term rentals.

e. Development Requirements.

1. The maximum allowable floor area ratio is eighty percent (80%) of the net area available for development (as determined by a planning entitlement deemed complete for processing), inclusive of all habitable or conditioned space. Non-habitable or non-conditioned project development area (e.g., enclosed individual garages, carports, or structured basement parking facilities) shall not be assessed towards a project's floor area ratio calculation.

2. The height limit is thirty-five (35) feet. The height limit for accessory structures is fifteen (15) feet.

3. Reduction from the applicable DBD numerical parking requirements set forth in subsection 32-45.34(q) may be considered on a project-by-project basis where housing to be developed is provided for seniors, or where it is determined that a reduced dependency on personal vehicles can reasonably be anticipated.

f. Building Setbacks. The minimum building setbacks shall be as established through a site-specific development plan approval. Future development abutting the 1-680 freeway shall be set back to the extent feasible to mitigate potential impacts associated with freeway noise, vibration, and/or air quality. Development along San Ramon Creek shall be set back to the extent feasible in order to accommodate a pedestrian path in vicinity of the top of bank of the creek.

g. Supplemental Submittal Requirements. Application materials to be supplied at the time of submittal of a development plan application shall, in addition to the submittal requirements addressed in subsection 32-45.41 Application detail the following:

1. The location, number and dimensional layout of any tandem parking spaces, motorcycle parking spaces, or bicycle parking spaces proposed for the project.

2. The minimum and average sizes of individual private open space areas (i.e., open or covered private patios and private balconies) proposed for the project.

3. The location, minimum size, and average size of private storage spaces proposed for the project.

4. The proposed means to screen proposed above-ground transformers, meters, and other utilities.

5. The location, design and construction materials proposed for project fencing and retaining walls.

6. The percent coverage of land by buildings and structures.

7. The location and design of onsite project lighting.

8. The location, design and construction materials proposed for project porches, stoops, and similar design features.

(Ord. 2013-05; Ord. 2016-02, § 9; Ord. 2017-07, § 2)

a. Purpose. To permit the use of properties for multifamily residential use consistent with the adopted Multifamily Residential - High Density Special (thirty to thirty-five (30 to 35) units per gross acre) land use designation. Consistent with language contained in these policy documents, the required minimum development density in DBD Area 13 shall be thirty (30) dwelling units per gross acre and the allowable maximum development density (absent density bonus provisions being invoked) shall be thirty-five (35) dwelling units per gross acre. Additionally, as directed by policy language contained in the Downtown Danville Special Concern Area text of the General Plan, new development shall be compatible in scale with existing development in Danville with buildings that respect the Town’s architectural heritage and character, and which have been reviewed through Danville’s design review process to achieve the desired form of development and extending the pedestrian-oriented qualities that make Downtown a desirable destination.

b. Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the Danville Municipal Code.

1. Developments which abut commercial corridors, including Hartz Avenue, Railroad Avenue, San Ramon Valley Blvd., Front Street, Linda Mesa Avenue, and Rose Street, shall include ground floor commercial space to be between eight and ten percent (8% and 10%) of the net floor space of the first two (2) stories of the building. The commercial space shall be oriented toward the commercial corridors.

2. Commercial uses shall be consistent with the permitted and conditional uses specified under Section 32-45.21, except residential use is an allowed use on all floors.

3. Group homes including community care facilities and residential care facilities, consistent with state law;

• 4. Intermediate care facilities, consistent with state law;
• 5. Health facilities, consistent with state law;
• 6. Transitional housing, consistent with state law;
• 7. Supportive housing, consistent with state law;

8. Emergency shelters, including navigation centers, bridge housing, and respite or recuperative care with a maximum occupancy of twenty (20).

c. Conditional Uses. Conditional uses as contained in subsection 32-24.3 of the Danville Municipal Code may be permitted upon issuance of a Land Use Permit.

d. Prohibited Uses. The following uses are prohibited in Area 13:

1. Short term rentals.

e. Development Requirements.

1. Floor Area Ratio (FAR). The maximum allowable net floor area ratio shall not exceed one hundred twenty percent (120%) of the net land area available for development, as determined by a planning entitlement deemed complete for processing.

f. Unit Size. For any development including ten (10) or more units, the maximum average unit size shall be one thousand five hundred (1,500) square feet.

g. Story Height and Building Height. The maximum allowable story height is three (3) stories. Where three story building massing is proposed as part of a new project, each individual building grouping with a three-story building massing shall have a minimum of seven-point-five percent (7.5%) of the building footprint expressed as two or two and one-half building stories (2 or 2½) with such reduced building massing placed roughly proportionately across the elevations abutting the public street. For the applicable portions of a building grouping not set at a two or two and one-half (2 or 2½) story building massing, the remainder of the building grouping shall use a mix of thirty-three, thirty-five, and thirty-seven foot (33', 35' and 37') building heights while averaging a thirty-five foot (35') building height for the affected portion of the building - or as otherwise authorized through the design review process. The maximum building heights utilized shall have their building height determined by the building height measurement methodology cited above in Section 32-45.10 Land Use Areas - Building Height. The maximum height for an accessory structure is fifteen (15') feet.

h. Height and Stories for Specific Parcels. For the following two parcels identified as 315 and 319 Diablo Road, and 363 Diablo Road (APNs: 216-120-028, 216-120-042, 216-120-043, 216-120-029, 216-120-012, 216-120-0150):

1. Story Height and Building Height. The maximum allowable story height is four (4) stories. Where four (4) story building massing is proposed as part of a new project, each individual building grouping with a four (4) story building massing shall have a minimum of seven-point-five percent (7.5%) of the building footprint expressed as three or three and one-half building stories (3 or 3½) with such reduced building massing placed roughly proportionately across the elevations abutting the public street. For the applicable portions of a building grouping not set at a three or three and one-half (3 or 3½) story building massing, the remainder of the building grouping shall use a mix of forty-one, forty-three, and forty-five foot (41', 43' and 45') building heights while averaging a forty-five foot (45') building height for the affected portion of the building - or as otherwise authorized through the design review process. The maximum building heights utilized shall have their building height determined by the building height measurement methodology cited in Section 32-45.10.

i. Parking. Reduction from the applicable Downtown Business District Ordinance numerical parking requirements set forth in subsection 32-45.34.j may be considered on a project-by-project basis where housing to be developed is provided for seniors, where it is determined that a reduced dependency on personal vehicles can reasonably be anticipated, where a default parking standard is applicable due to state housing law regulations, and/or where alternate parking standards are applicable because the project has invoked density bonus provisions.

j. Building Setbacks.

1. Front yard: Average of ten (10) feet from the public right-of-way, including corner lots.

2. Side yard and rear yard building setbacks shall be as established through a site-specific development plan approval. Future development abutting the I-680 freeway shall be set back to the extent necessary to mitigate potential impacts associated with freeway noise, vibration, and/ or air quality. Where development will occur beside a creek (e.g., along San Ramon Creek), development shall be set back to the extent feasible in order to accommodate a pedestrian path in vicinity of the top of bank of the creek as appropriate, for flood control maintenance purposes, or as may be required by resource agencies.

(Ord. 2024-01, § 3)