ADMINISTRATIVE STAFF REPORT 10.1
TO: Mayor and Town Council October 6, 2026
SUBJECT: Ordinance No. 2026-04, approving Zoning Text Amendment ZTA26-0001 amending the Town’ s Downtown Business District Ordinance related to outdoor seating for restaurants, and Resolution No. 79-2026, adopting the Town of Danville Outdoor Seating Program Design and Development Standards related to outdoor seating for restaurants
BACKGROUND
This staff report outlines the proposed implementation of permanent outdoor restaurant seating in two categories: ( 1) on-street parklets within the public right-of-way; and (2) expanded outdoor seating areas on private property. Both programs were established in response to the COVID-19 pandemic and have since been extended twice by the Town Council. The current regulations will expire on January 2, 2027, unless further action is taken.
The Town Council reviewed options for continuing the programs during study sessions held on June 9 and August 11, 2026. Following those discussions, the Council directed staff to prepare a draft ordinance and design guidelines establishing permanent outdoor seating regulations. On September 8, 2026, the Planning Commission reviewed the proposed ordinance and design guidelines and recommended their adoption. The following summarizes the Council’ s direction and the recommended implementation measures.
EVALUATION
Modifications to the Town’s existing Downtown Business District Ordinance are necessary to allow parklets to remain on a permanent basis and to modify the Town’ s approach to the regulating of on-site expanded outdoor seating ( see Attachment B). The proposed modifications are as follows:
On-Street Outdoor Seating (Parklets)
The existing on-street seating program would be extended indefinitely, subject to the following requirements:
ZTA26- 0001 2 October 6, 2026
Downtown Business District Ordinance
1. Existing parklets would be required to comply with the applicable provisions of the updated Town of Danville Outdoor Seating Program Design Guidelines and Development Standards ( Attachment C), including standards for furnishings and equipment such as tables, chairs, and umbrellas. New parklets would require a custom design and review by the Design Review Board through a ministerial Development Plan process.
2. Use of the public right-of-way would require execution of a lease agreement addressing the lease term; applicable lease and administrative fees; maintenance and repair responsibilities; and insurance and indemnification requirements. The agreement would also authorize the Town to require modification, suspension, or removal of a parklet that is not properly maintained or actively used, conflicts with a public improvement or other public need, or fails to comply with the lease or other applicable Town requirements.
3. If a parklet remains inactive for three or more consecutive months between March and November, the Town may require its removal. Upon removal, the associated Land Use Permit would become void. Reestablishing the parklet would require approval of a new Land Use Permit.
4. Parklets in the Downtown Business District area would be limited to a combined maximum of 12 on-street parking spaces, the number currently occupied by parklets serving five restaurants. The Town would maintain an interest list of restaurants seeking parklets. If an existing parklet is removed and space becomes available, restaurants on the interest list may be considered in the order received, subject to compliance with all applicable eligibility and approval requirements.
5. A restaurant would be eligible for a parklet only if it cannot accommodate on-site outdoor seating equal to at least 50 percent of its gross interior floor area.
6. Parklets would not be permitted on Hartz Avenue; East or West Prospect Avenue; Railroad Avenue between Danville Boulevard and Linda Mesa Avenue; Front Street south of Diablo Road; or San Ramon Valley Boulevard.
Street Closures and Authorized Public Consumption of Alcohol To permit alcohol consumption within on-street parklets in the public right-of-way, the Town Council would need to approve partial street closures for outdoor restaurant seating and grant an exemption from Ordinance No. 96-10. Consistent with Section 2 of the Ordinance, the exemption would be limited to restaurants with outdoor seating authorized by a Land Use Permit.
ZTA26- 0001 3 October 6, 2026
Downtown Business District Ordinance
On-Site Outdoor Seating
The existing expanded on-site seating program would not be extended and would expire on January 2, 2027. After that date, on-site outdoor seating would be subject to the following requirements:
1. Outdoor seating exceeding 25 percent of the restaurant’ s gross interior floor area, or any greater area authorized by a prior approval, would be subject to payment of the Town’s off-site parking in-lieu fee.
2. For outdoor seating exceeding the area allowed without payment of a fee, the parking requirement would be calculated at one parking space per 200 square feet of seating area, rather than the existing requirement of one space per 100 square feet.
3. A restaurant may provide outdoor seating totaling up to 100 percent of its gross interior floor area, where site conditions allow and subject to payment of applicable parking in-lieu fees.
4. On-site outdoor seating areas would require a custom design. Seating areas involving construction of a new structure or alterations to a building façade would require approval of a Development Plan application, including review and approval by the Design Review Board.
PUBLIC CONTACT
Public notice of the October 6, 2026, Town Council meeting was placed in a local newspaper and posting of the meeting agenda serves as notice to the general public.
ZTA26- 0001 4 October 6, 2026
Downtown Business District Ordinance
RECOMMENDATION
Introduce and read by title only Ordinance No. 2026-04, approving Zoning Text Amendment ZTA26- 0001 amending the Town’ s Downtown Business District Ordinance related to outdoor seating for restaurants, and return for second reading on October 20, 2026; and adopt Resolution No. 79-2026 adopting the Town of Danville Outdoor Seating Program Design and Development Standards relating to outdoor seating for restaurants.
Prepared by:
Riley Anderson- Barrett
Associate Planner
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachments: A - Resolution No. 79-2026
B - Ordinance No. 2026- 04
C - Outdoor Seating Program Design and Safety Guidelines RESOLUTION NO. 79-2026
ADOPTING THE TOWN OF DANVILLE OUTDOOR SEATING PROGRAM
DESIGN AND DEVELOPMENT STANDARDS RELATED TO
OUTDOOR SEATING FOR RESTAURANTS
WHEREAS, The Town of Danville has initiated a Zoning Text Amendment ( ZTA26- 0001) amending portions of the Town’s Downtown Business District Ordinance related to outdoor seating for restaurants; and
WHEREAS, Zoning Text Amendment ZTA26-0001 incorporated by reference the Town of Danville Outdoor Seating Program Design Guidelines and Development Standards; and
WHEREAS, the Downtown Business District Ordinance applies to lands located within the Downtown Business District identified within the Danville 2030 General Plan; and WHEREAS, the Danville Town Council did review the Town of Danville Outdoor Seating Program Design Guidelines and Development Standards at a noticed public hearing on October 6, 2026; and
WHEREAS, adoption of the Town of Danville Outdoor Seating Program Design and Development Standards is statutorily exempt from CEQA pursuant to Section 15301 Class 1 – Existing Facilities), Section 15311 ( Class 11 – Accessory Structures), Section 15332 ( Normal Operations of Existing Facilities for Public Gathering) and Section 15061(b)(3) of the CEQA Guidelines and no significant environmental impacts are expected to be associated with the Design Guidelines; and WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that the Danville Town Council approve the request; and
WHEREAS, the Danville Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED, that that the Danville Town Council adopts the Town’ s Outdoor Seating Program Design Guidelines and Development Standards.
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ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 79-2026
APPROVED by the Danville Town Council at a regular meeting on October 6, 2026 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
Docusign Envelope ID: 5E5BE2BF- 24A0-84D6-828B-7F606CC26F73 ORDINANCE NO. 2026-04
REPEALING SECTIONS OF THE DANVILLE MUNICIPAL CODE REGULATING
OUTDOOR RESTAURANT SEATING AND ADDING NEW SECTIONS
ALLOWING ON-STREET “ PARKLET” OUTDOOR RESTAURANT
SEATING ON A PERMANENT BASIS AND MODIFYING
THE REQUIREMENT FOR OFF-SITE PARKING IN-LIEU
FEES FOR ON-SITE OUTDOOR RESTARUANT SEATING
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING SECTION 32-45.25.a OF THE DANVILLE MUNICIPAL CODE.
Section 32-45.25.a of the Danville Municipal Code is hereby repealed.
SECTION 2. ADDING A NEW SECTION 32-45.25.a TO THE DANVILLE MUNICIPAL CODE.
A new Section 32-45.25.a is hereby added to the Danville Municipal Code to read as follows:
32-45 DOWNTOWN BUSINESS DISTRICT.
32- 45.25.a Outdoor Seating.
1. On-Site Outdoor Seating
a. Where sufficient space is available, restaurants may provide outdoor seating on the lot on which the restaurant is located. On-site outdoor seating areas may consist of tables and chairs, fencing or other perimeter treatments, umbrellas, landscaping, lighting, and other associated furnishings or improvements. Outdoor seating areas may also include permanent or semi-permanent structures, awnings, canopies, or modifications to the building façade, subject to applicable Town review and approval requirements.
Where conditions allow and the seating area is otherwise consistent with applicable Town standards, an on-site outdoor seating area may extend onto an adjoining public sidewalk, courtyard, or other public area. Any use of public property shall be subject to Town review and approval and, where required, issuance of an encroachment permit.
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ATTACHMENT B
PAGE 2 OF ORDINANCE NO. 2026-04
b. On-site outdoor seating shall comply with all the design, safety, accessibility, and maintenance requirements contained within the Town’ s Outdoor Seating Program Design Guidelines and Development Standards as adopted by the Danville Town Council through Resolution No. 79-2026.
c. Where site conditions allow and the seating area is otherwise consistent with applicable Town standards, restaurants may provide outdoor seating with a total area of up to 100 percent of the restaurant’ s gross interior floor area. d. Within Downtown Business Districts 1, 2, 2A, 3, and 11, restaurants may provide outdoor seating without payment of an off-site parking in-lieu fee up to the greater of the following:
i. 25 percent of the restaurant’ s gross interior floor area; or ii. The amount of outdoor seating area permitted based on the restaurant’ s grandfathered status or previously approved entitlements. e. Any outdoor seating area exceeding the applicable amount above shall be subject to payment of the Town’ s off-site parking in-lieu fee, calculated at a rate of one parking space for each 200 square feet of additional outdoor seating area. f. If an outdoor seating area displaces one or more required on-site parking spaces, the displaced parking shall be subject to payment of the Town’ s off-site parking in-lieu fee on a one-for-one basis. However, if the restaurant has sufficient surplus on-site parking to accommodate the displaced spaces while continuing to meet applicable parking requirements, no off-site parking in-lieu fee shall be required for those displaced spaces.
The amount of the off-site parking in-lieu fee shall be as established annually in the Town’ s Master Fee Schedule.
g. Because private shopping centers are not eligible to satisfy parking requirements through payment of the Town’ s off-site parking in-lieu fee, outdoor seating areas shall be limited to 25 percent of the restaurant’ s gross interior area unless the shopping center demonstrates, to the Town’ s satisfaction, that sufficient surplus on-site parking is available. If sufficient surplus parking is available, the Town may approve an outdoor seating area exceeding 25 percent of the restaurant’ s gross interior area, including an area that displaces existing parking spaces, provided that the shopping center continues to maintain adequate on-site parking. h. Where structures, awnings, or modifications to a building façade are proposed as part of an outdoor seating area, the applicant shall obtain approval of a ministerial Docusign Envelope ID: 7032A408- 80CB-8A16-8021-5ADA0FF069E9 PAGE 3 OF ORDINANCE NO. 2026-04
Development Plan application. The proposed improvements shall also be subject to review and approval by the Design Review Board.
i. Where structures, awnings, building façade modification, or electrical improvements are proposed, the owner shall obtain a building permit prior to construction or installation.
j. A building permit is not required for the installation of most fences and enclosures that comply with the Town’ s fence standards, tables, chairs, umbrellas, or similar furnishings associated with an outdoor seating area. However, the owner shall submit a site plan to the Town depicting the proposed outdoor seating area, including the location and configuration of all fences, enclosures, furnishings, and required pedestrian and accessible routes, to demonstrate compliance with the Town’ s Guidelines and all applicable accessibility requirements. All aisles, pathways, entrances, and accessible seating areas shall maintain required clearances and remain unobstructed.
k. Music, including scheduled live performances, shall be maintained at a volume that is not clearly audible more than 100 feet beyond the boundaries of the subject property, unless otherwise authorized by the Planning Division.
2. On-Street Parklets
a. On-street parklets are permitted subject to compliance with the requirements of the Town’ s Outdoor Seating Program Design Guidelines and Development Standards ( adopted under Resolution No. 79-2026) including design, safety, accessibility, and maintenance. Applicants must review and comply with all applicable provisions of the Outdoor Seating Program to ensure that all requirements are fully understood and incorporated into the design, permitting, construction, and operation of the parklet.
b. The restaurant owner or operator must enter into a lease agreement with the Town before the parklet may be established or maintained. The lease agreement authorizes the private use of the public right-of-way and establishes the terms and conditions governing the parklet including:
i. At a minimum, the lease agreement shall address the term of the lease, payment of applicable lease and administrative fees, maintenance and repair responsibilities, insurance and indemnification requirements, compliance with Town standards and permit conditions, and the continued operation and use of the parklet.
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ii. The agreement shall also establish requirements for modification, suspension, or removal of the parklet if it is not properly maintained, is no longer actively used, interferes with a public improvement or other public need, or if the restaurant owner fails to comply with the terms of the lease or applicable Town requirements.
iii. Because the parklet is located within public property, approval of a parklet does not create a permanent private right to occupy the space.
The Town retains the ability to require removal or modification of the parklet when necessary to protect public safety, accommodate public improvements, maintain access to utilities or infrastructure, or otherwise serve the public interest.
iv. The lease agreement shall also include provision for liens and abatement should an owner fail to meet the requirements of the agreement, including failure to make lease payments.
c. All parklets shall require Town approval of a Land Use Permit and Development Plan application. The design of each parklet shall also be subject to review and approval by the Design Review Board through a ministerial Development Plan review process.
d. A building permit shall be obtained from the Town prior to construction or installation of any parklet. All parklets shall comply with applicable building, accessibility, and safety requirements.
e. The total number of parklets within the Downtown Business District area shall not occupy more than twelve on-street parking spaces, with each space calculated as 22 feet long by 8 feet wide. Once the twelve- space maximum has been reached, the Town shall maintain an interest list of restaurants seeking a parklet. If a parklet is removed and one or more parking spaces become available, restaurants on the interest list may be considered for a parklet, subject to meeting all applicable eligibility and approval requirements.
f. If a parklet is not actively used for three or more consecutive months between March and November, the Town may require its removal. Upon removal, the associated parking space or spaces may be made available to another eligible restaurant seeking to establish a parklet.
g. Parklets shall not be permitted on Hartz Avenue; East or West Prospect Avenue; Railroad Avenue between Danville Boulevard and Linda Mesa; Front Street south of Diablo Road; or San Ramon Valley Boulevard.
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h. Restaurants that can accommodate on-site outdoor seating equal to at least 50% of the restaurant’ s gross interior floor area shall not be eligible for a parklet.
Restaurants with Town approved parklets at the time of the adoption of this Ordinance shall be considered legal non-conforming.
i. Music, including scheduled live performances, shall be maintained at a volume that is not clearly audible more than 100 feet beyond the boundaries of the subject property, unless otherwise authorized by the Planning Division. j. Only solar-powered or battery-operated lighting is allowed within the parklet area. No permanent electrical connection shall be allowed. k. The Town reserves the right to inspect all parklets to ensure compliance with program requirements.
SECTION 3. REPEALING SECTION 32-45.30.e OF THE DANVILLE MUNICIPAL CODE.
Section 32-45.30.e of the Danville Municipal Code is hereby repealed.
SECTION 4. ADDING A NEW SECTION 32-45.30.e TO THE DANVILLE MUNICIPAL CODE.
A new Section 32-45.30.e is hereby added to the Danville Municipal Code to read as follows:
e. In Lieu Fees. Those properties and uses required to provide parking in off-site municipal parking lots pursuant to Section 32-45.31 of this Code, as well as existing tenant spaces or business which intensify their parking demand and can’t accommodate the additional parking demand on site, shall pay an in lieu parking fee for each space required. Additionally, the payment of in-lieu fees is required on a per parking space basis for the loss of any required on-site parking spaces. The number of parking spaces used to calculate the required in lieu payment shall be based on the applicable standards of this Code. The amount of the in lieu parking fee per space shall be as set forth by resolution of the Town Council, in effect at the time the applicant 1) completes an application for a building permit or 2) initiates the land use activity that creates the demand for additional municipal parking, whichever comes first. In calculating the in lieu parking fee, if a credit to the property owner for Assessment District 73/ 74 (i.e., the Clocktower Municipal Parking Lot) is applicable, the credit shall not exceed the amount owed to the Town by way of the new project.
Any in lieu parking fees due to the Town shall be paid at issuance of a building permit or exercise of a land use entitlement creating the demand for additional parking, whichever occurs first.
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SECTION 5. REPEALING SECTION 32-45.34.m.2 OF THE DANVILLE MUNICIPAL CODE.
Section 32-45.34.m.2 of the Danville Municipal Code is hereby repealed.
SECTION 6. ADDING A NEW SECTION 32-45.34.m.2 TO THE DANVILLE MUNICIPAL CODE.
A new Section 32-45.34.m.2 is hereby added to the Danville Municipal Code to read as follows:
2. Twenty-six (26%) or more percent of the square footage of the gross interior floor area of the restaurant or tasting room use ( including kitchen, storage, and similar nonpublic areas): the requirement shall be one (1) space per two hundred square feet; SECTION 7. AUTHORIZING STREET CLOSURES FOR ON-STREETOUTDOOR
RESTAURANT SEATING AND ALLOWING THE PUBLIC
CONSUMPTION OF ALCOHOL WITHIN THOSE STREET
CLOSURES PURSUANT TO DANVILLE MUNICIPAL CODE
SECTION 4-14.2b
A. Pursuant to the authority of California Vehicle Code Section 21101( e) and Danville Municipal Code Section 4-14.2b, the Danville Town Council approves partial street closures for outdoor restaurant seating and allows for the consumption of alcoholic beverages within the public right-of-way, subject to the following condition:
1. The area of any street closure and the right to serve or consume alcoholic beverages shall be limited to that authorized through a Land Use Permit issued by the Town for outdoor restaurant seating, as provided for in Section 32-
45.25.a.2 of this this Code.
SECTION 8. PUBLICATION AND EFFECTIVE DATE
The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 fifteen) days after adoption. This Ordinance shall be effective on January 2, 2027.
SECTION 9. CODIFICATION.
Sections 2, 4, and 6 of this Ordinance shall be codified in the Danville Municipal Code.
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SECTION 10. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid.
The foregoing Ordinance was introduced on October 6, 2026, and approved and adopted by the Danville Town Council at a regular meeting held on October 20, 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
CLERK' S CERTIFICATE
I, Kristine Meidberg, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2026- 04 of said Town and that said ordinance was published according to law.
Dated: __________________________
City Clerk of the
Town of Danville
Docusign Envelope ID: 7032A408- 80CB-8A16-8021-5ADA0FF069E9 Design Guidelines and Development Standards
Outdoor Seating Program
Town of Danville
APPLIES TO
ON-STREET PARKLETS
ON-SITE OUTDOOR SEATING
ATTACHMENT C
Town of Danville
Outdoor Seating Program
DanvilleTown Town ofof Danville
1. Introduction............................................................................... 1
1.1 About this Document
1.2 Outdoor Restaurant Seating
2. On-street Parklets
2.1 General
2.2 Design
3. On-Site Outdoor Seating
3.1 General
3.2 Design
4. Safety
5. Accessibility
6. Maintenance
Town of Danville
Outdoor Seating Program
Design Guidelines and Development Standards
Table of Contents
Town of Danville
Outdoor Seating Program
DanvilleTown Town ofof Danville
1 4
7 9
10 4
6 3
1 1
1 Town of Danville
Outdoor Seating Program Danville111 DanvilleTown Town ofof
1.1 About this Document
This document establishes design and development standards and guidelines for outdoor restaurant seating in the Town of Danville and provides an overview of the applicable permitting process. The Guidelines have been prepared pursuant to Section 32- 45 of the Danville Municipal Code, the Town’ s Downtown Business District Ordinance. Although established under the Downtown Business District Ordinance, these Guidelines apply to outdoor restaurant seating throughout the Town.
1.2 Outdoor Restaurant Seating
These Guidelines apply to two types of outdoor restaurant seating: on- street parklets and private on- site outdoor seating areas.
On- street parklets are outdoor restaurant seating areas located within the public right- of-way, typically occupying one or more on- street parking spaces. Parklets are permitted only within designated areas of the Town’ s Downtown Business District and are subject to the applicable eligibility, design, permitting, and lease requirements.
Private on- site outdoor seating areas are located on the same private property as the restaurant. In certain circumstances, an on- site outdoor seating area may extend onto an adjoining public sidewalk, courtyard, or other public area, subject to Town review and approval.
2.1 General
1. Introduction
2. On-Street Parklets
Lease Agreements. Because parklets occupy the public right- of- way, the restaurant owner or operator must enter into a lease agreement with the Town before the parklet may be established or maintained. The lease agreement authorizes the private use of the public right- of- way and establishes the terms and conditions governing the parklet.
At a minimum, the lease agreement shall address the term of the lease, payment of applicable lease and administrative fees, maintenance and repair responsibilities, insurance and indemnification requirements, compliance with Town standards and permit conditions, and the continued operation and use of the parklet.
The agreement will also establish requirements for modification, suspension, or removal of the parklet if it is not properly maintained, is no longer actively used, interferes with a public improvement or other public need, or if the restaurant owner fails to comply with the terms of the lease or applicable Town requirements. a.
Town of Danville
Outdoor Seating Program
Danville222 DanvilleTown Town ofof
Because the parklet is located within public property, approval of a parklet does not create a permanent private right to occupy the space. The Town retains the ability to require removal or modification of the parklet when necessary to protect public safety, accommodate public improvements, maintain access to utilities or infrastructure, or otherwise serve the public interest.
The lease agreement shall also include provision for liens and abatement should an owner fail to meet the requirements of the agreement, including failure to make lease payments.
Review and Design Review Board. All parklets shall require Town approval of a Land Use Permit and Development Plan application. The design of each parklet shall also be subject to review and approval by the Design Review Board.
Building Permits. A building permit shall be obtained from the Town of Danville prior to construction or installation of any parklet. All parklets shall comply with applicable building, accessibility, and safety requirements.
Number of Parklets. Within the Town’ s Downtown Business District area, the total number of parklets shall not occupy more than twelve on- street parking spaces, with each space calculated as 22 feet long by 8 feet wide. Once the twelve- space maximum has been reached, the Town shall maintain an interest list of restaurants seeking a parklet. If a parklet is removed and one or more parking spaces become available, restaurants on the interest list may be considered for a parklet, subject to meeting all applicable eligibility and approval requirements.
Parklet Locations. Parklets shall not be permitted on Hartz Avenue; East or West Prospect Avenue; Railroad Avenue between Danville Boulevard and Linda Mesa; Front Street south of Diablo Road; or San Ramon Valley Boulevard.
Eligibility. Restaurants that can accommodate on- site outdoor seating equal to at least 50% of the restaurant’ s gross interior floor area shall not be eligible for an on- street parklet. Restaurants with parklets at the time of the adoption of these Guidelines shall be considered legal non- conforming.
Continual Use. If a parklet is not actively used for three or more consecutive months between March and October, the Town may require its removal. Upon removal, the associated parking space or spaces will be made available to another eligible restaurant seeking to establish a parklet at their restaurant location.
Steam Cleaning. Parklets and adjacent sidewalk or courtyard areas shall be steam cleaned as needed to maintain a clean area, at least twice per year. The required cleaning schedule shall be specified in the parklet lease agreement. b.
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Town of Danville
Outdoor Seating Program
Danville333 DanvilleTown Town ofof
Music and Live Entertainment. Music, including scheduled live performances, shall be maintained at a volume that is not clearly audible more than 100 feet beyond the boundaries of the subject property, unless otherwise authorized by the Planning Division.
Inspections. The Town reserves the right to inspect the parklets to ensure program elements are being adhered to.
Custom Design. Parklets shall be custom- designed and shall comply with all applicable design, construction, accessibility, and safety requirements set forth in these Guidelines.
Materials. Parklets shall be constructed using durable, high- quality materials that are compatible with the character and aesthetic of the downtown area. Where appropriate, parklet materials, colors, and design elements shall complement the architectural style and materials of the adjacent building façade.
Furnishings. Tables and chairs used within parklets shall be durable, high- quality, commercial- grade furnishings. Their design and quality shall be generally consistent with the restaurant’ s interior seating and shall be subject to review and approval by the Town.
Height. Parklets may have a maximum height of eight feet.
Width. Parklets may occupy up to 80% of the restaurant’ s lot frontage, provided that site conditions permit. The allowable parklet area shall be reduced where necessary to maintain required clearances from fire hydrants, driveways, garbage collection or access areas, intersections, utility access covers or other site features that affect safety or access.
Plant Material. Parklets shall incorporate softscape and landscaping elements as an integral component of their overall design. Such elements may include planter boxes, planting containers, pots, and other landscaped features containing live plant material.
Landscaping shall be selected and arranged to enhance the appearance of the parklet, soften structural elements, and contribute positively to the character and visual quality of the surrounding streetscape. Landscaping shall be maintained in a healthy and attractive condition and replaced as necessary.
Platform. The finished surface of the parklet platform shall be flush with the adjacent sidewalk grade to provide a smooth, level, and accessible transition between the sidewalk and the parklet. Where necessary, a cover plate, expansion joint, transition strip, or other approved connection between the parklet platform and the curb or sidewalk shall be provided to eliminate gaps, changes in elevation, or other potential tripping hazards. i.
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2.2 Design
Town of Danville
Outdoor Seating Program
Danville444 DanvilleTown Town ofof
The parklet platform shall be constructed of durable materials suitable for exterior use and designed to resist moisture accumulation, mold, mildew, deterioration, and other conditions that could affect the safety or longevity of the structure. The area beneath the platform shall remain accessible for inspection, cleaning, drainage, utility access, and routine maintenance. Access shall be provided through removable access panels, removable sections of flooring, or another method approved by the Town. The platform shall be designed so that such access can be provided without requiring substantial disassembly of the parklet ( Figure 1).
Flooring. The floor surface within the parklet shall be constructed of durable, impervious materials that are resistant to mold and mildew and can be readily cleaned and maintained.
h.
Figure 1: Example of Parklet Elevation
3. On-Site Outdoor Seating
3.1 General
Locations. Where sufficient space is available, restaurants may provide outdoor seating on the restaurant property. On- site outdoor seating areas may consist of tables and chairs, fencing or other perimeter treatments, umbrellas, landscaping, lighting, and other associated furnishings or improvements. Outdoor seating areas may also include permanent or semi- permanent structures, awnings, canopies, or modifications to the building façade, subject to applicable Town review and approval requirements. a.
Town of Danville
Outdoor Seating Program
Danville555 DanvilleTown Town ofof
Where appropriate, an on- site outdoor seating area may extend onto an adjoining public sidewalk, courtyard, or other public area. Any use of public property shall be subject to Town review and approval and, where required, issuance of an encroachment permit.
Seating Area. Where site conditions allow and the seating area is otherwise consistent with applicable Town standards, restaurants may provide outdoor seating with a total area of up to 100 percent of the restaurant’ s gross interior floor area.
Parking and Parking In-Lieu Fees. Within Downtown Business Districts 1, 2, 2A , 3, and 11, restaurants may provide outdoor seating without payment of an off- site parking inlieu fee up to the greater of the following:
i.
ii.
Any outdoor seating area exceeding the applicable amount above shall be subject to payment of the Town’ s off- site parking in-lieu fee, calculated at a rate of one parking space for each 200 square feet of additional outdoor seating area.
If an outdoor seating area displaces one or more required on- site parking spaces, the displaced parking shall be subject to payment of the Town’ s off- site parking in-lieu fee on a one- for- one basis. However, if the restaurant has sufficient surplus on- site parking to accommodate the displaced spaces while continuing to meet applicable parking requirements, no off- site parking in-lieu fee shall be required for those displaced spaces.
The amount of the off- site parking in-lieu fee shall be as established annually in the Town’ s Master Fee Schedule.
Shopping Centers. Because private shopping centers are not eligible to satisfy parking requirements through payment of the Town’ s off- site parking in-lieu fee, outdoor seating areas shall be limited to 25 percent of the restaurant’ s gross interior area unless the shopping center demonstrates, to the Town’ s satisfaction, that sufficient surplus onsite parking is available.
If sufficient surplus parking is available, the Town may approve an outdoor seating area exceeding 25 percent of the restaurant’ s gross interior area, including an area that displaces existing parking spaces, provided that the shopping center continues to maintain adequate on- site parking. If sufficient surplus parking is not available, approval of a Variance application shall be required for any outdoor seating area exceeding 25 percent of the restaurant’ s gross interior area or resulting in the displacement of required on- site parking spaces.
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25 percent of the restaurant’ s gross interior floor area; or The amount of outdoor seating area permitted based on the restaurant’ s grandfathered status or previously approved entitlements.
Town of Danville
Outdoor Seating Program
Danville666 DanvilleTown Town ofof
Review and Design Review Board. Where structures, awnings, or modifications to a building façade are proposed as part of an outdoor seating area, the applicant shall obtain approval of a ministerial Development Plan application. The proposed improvements shall also be subject to review and approval by the Design Review Board.
Building Permits. Where structures, awnings, building façade modification, or electrical improvements are proposed, the owner shall obtain a building permit prior to construction or installation. All outdoor seating areas shall comply with applicable building, accessibility, and safety requirements.
Fences and Enclosures, Furnishings. A building permit is not required for the installation of fences, enclosures, tables, chairs, umbrellas, or similar furnishings associated with an outdoor seating area. However, the owner shall submit a site plan to the Town depicting the proposed outdoor seating area, including the location and configuration of all fences, enclosures, furnishings, and required pedestrian and accessible routes, to demonstrate compliance with these Guidelines and all applicable accessibility requirements. All aisles, pathways, entrances, and accessible seating areas shall maintain required clearances and remain unobstructed.
Music and Live Entertainment. Music, including scheduled live performances, shall be maintained at a volume that is not clearly audible more than 100 feet beyond the boundaries of the subject property, unless otherwise authorized by the Planning Division.
Custom Design. Any structures, awnings, or modifications to a building façade proposed as part of an outdoor seating area shall be custom- designed and shall be compatible with the quality, architectural character, materials, colors, and design of the restaurant building and the surrounding area.
Furnishings. Tables and chairs used within any outdoor seating area shall be durable, high- quality, commercial- grade furnishings. Their design and quality shall be generally consistent with the restaurant’ s interior seating and shall be subject to review and approval by the Town.
Plant Material. All outdoor seating areas shall incorporate softscape and landscaping elements as an integral component of their overall design. Such elements may include planter boxes, planting containers, pots, and other landscaped features containing live plant material. Landscaping shall be selected and arranged to enhance the appearance of the parklet, soften structural elements, and contribute positively to the character and visual quality of the surrounding streetscape. Landscaping shall be maintained in a healthy and attractive condition and replaced as necessary. e.
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3.2 Design
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Town of Danville
Outdoor Seating Program
Danville777 DanvilleTown Town ofof
Parklet Location and Visibility. Parklets shall be limited to public streets with a posted speed limit of 25 miles per hour or less. Parklets shall not be located in locations with limited visibility and shall comply with all applicable corner sight- distance requirements established by the Town’ s Municipal Code ( Figure 2).
4. Safety
4.1 General
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Figure 2: Sight Distance Triangles
Crash Safety and Protective Barriers. Parklets shall incorporate structural features designed to provide a minimum level of protection from vehicle impacts. Such protection may be integrated into the parklet design or provided through the installation of approved crash barriers.
Where crash barriers are used, they shall be located either within the parklet enclosure and substantially screened from public view by a solid enclosure, or located outside the enclosure and concealed within a decorative box or similar structure constructed of wood or other durable materials compatible with the design of the parklet and the character of the surrounding area. Planter boxes, potted plants, or other landscaping shall be incorporated on or around the protective structure to further screen the barrier from view (Figure 3).
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Parklet Edge Protection. Each parklet shall provide a continuous enclosure, structural edge, or other protective buffer between parklet occupants and the adjacent vehicular travel lane. The buffer may consist of planters, railings, cabling, walls, or other materials approved by the Town. All protective elements shall be securely anchored, structurally reinforced, and designed to provide an appropriate level of separation and protection from adjacent vehicular traffic, as determined by the Town.
Vehicular Lane Safety. Parklets shall be designed, constructed, and maintained so that no portion of the parklet, including roofs, awnings, railings, planters, furnishings, structural elements, or decorative features, protrudes, cantilevers, or otherwise encroaches into an adjacent vehicular travel lane or bicycle lane.
Minimum Setbacks and Safety Clearances. All parklets shall maintain the following minimum setbacks and clearances to protect traffic safety and provide adequate service and emergency access:
Town of Danville
Outdoor Seating Program
Danville888 DanvilleTown Town ofof
Figure 3: Protective Barriers
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Bicycle Lanes. A minimum separation of 18 inches from a Class II (striped) bicycle lane.
Street Centerline. A minimum setback of 15 feet from the street centerline.
Driveways, Alleys, and Service Areas. A minimum setback of 10 feet from driveways, alley connections, and trash collection or service areas, unless a reduced setback is approved by the Town.
Fire Hydrants and Utility Poles. A minimum separation of 15 feet from fire hydrants and utility poles.
Town of Danville
Outdoor Seating Program
Danville999 DanvilleTown Town ofof
v. Safety Buffer for Parallel Parking. For parklets located within parallel parking spaces, the following additional safety measures shall be provided ( Figure 4):
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Parking wheel stops shall be installed four feet from each end of the parklet and securely affixed to the pavement.
Reflective, flexible post delineators shall be installed two feet from each street- side corner of the parklet.
Figure 4: Safety Buffers
Any fabric, membrane shade, or other weather protection, including umbrellas, shall be constructed of fire- resistant treated material.
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5. Accessibility
Maintenance of Pedestrian and Vehicular Paths. Seating enclosures located on private property shall not obstruct sidewalk access or any required accessible path of travel, as required by Chapter 11B of the California Building Code. Seating enclosures located within private parking lots or shopping centers shall not obstruct or encroach into required drive aisles ( Figure 5).
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Town of Danville
Outdoor Seating Program
Danville101010 DanvilleTown Town ofof
Figure 5: Vertical and Horizontal Clearance Requirements
6. Maintenance
Daily Cleaning. The restaurant operator shall be responsible for daily maintenance of the parklet, including removing trash, cleaning floors and railings, and securing movable or other parklet elements at the close of business. Parklet flooring shall be constructed of materials that resist mold and allow for routine cleaning. When an existing parklet is removed and replaced with a new conforming parklet, the operator shall steam clean the pavement beneath the parklet before installation of the replacement parklet.
Steam Cleaning. Parklets are required to be steam cleaned at least two times per year.
Bolts and Anchors. Bolting or anchoring a parklet or components of an enclosure into the roadway surface, curb, gutter, or sidewalk is strictly prohibited.
Gutter Drainage. Parklets and seating enclosures shall be designed and maintained so they do not obstruct or adversely affect existing drainage patterns. Designs shall allow stormwater to flow freely along the street surface and through existing gutters. The restaurant operator and/ or property owner shall keep the areas on, beneath, and around the parklet or enclosure free of leaves, trash, and other debris. This may require periodic sweeping, blowing, or other cleaning beneath the structure to maintain unobstructed drainage ( Figure 6).
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Town of Danville
Outdoor Seating Program
Danville111111 DanvilleTown Town ofof
Figure 6: Gutter Clearance
Town Tree Maintenance. Parklets shall not block access necessary to maintain the canopy of Town- maintained Street trees.
Utilities. Parklets and seating enclosures shall maintain a minimum five- foot clearance from all surface- accessible utilities, including sewer manholes, water meter boxes, water valve covers, underground utility vaults, and fire hydrants.
Garbage Collection and Storage. Parklets shall not be located or designed in a manner that interferes with solid waste collection services. All garbage bins shall be stored within approved garbage enclosures, and garbage enclosures and collection areas shall be maintained to provide unobstructed access for the Town’ s solid waste collection provider. Garbage bins shall not be stored within public parking lots, within the public right- of-way, or in any location that interferes with or adversely affects neighboring businesses. All garbage cans in the outdoor seating areas shall be continually monitored and emptied when near full.
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Town of Danville
Outdoor Seating Program
DanvilleTown Town ofof Danville
Town of Danville
Planning Division
David Crompton, Chief of Planning
Riley Anderson-Barrett, Associate Planner
Jessica Lam, Assistant Planner
Contact Us
Planning@danville. ca.gov
500 La Gonda Way Danville, CA 94526
925) 314-3310
danville. ca.gov/Planning