32-22.12   Additional Development Standards.
   a.   P-l Districts. Setbacks established for properties zoned P-l; Planned Unit Development District prior to the Town's incorporation in 1982 are not changed by approval of this chapter. Where the Town has established specific setback or height limitations through a P-l; Planned Unit Development District, subdivision map, final development plan or other entitlement, setback restrictions established through such entitlement process shall apply to continuing or future development within the approved project. At the discretion of the Chief of Planning, proposals for exterior architectural modification or additions to any residential structure for which architecture was initially approved through public hearing may be subject to approval of a Development Plan application and, at the discretion of the Chief of Planning, may be referred to the Design Review Board and/or Planning Commission for review.
   b.   Visibility at Intersections for Corner Lots.
      1.   The maximum height of fences and vegetation shall be two and one-half (2-1/2) feet above the curb grade, or three (3) feet above the pavement surface at the outside edge of pavement adjoining the premises, within the sight distance triangle of corner lots.
      2.   An exception for vegetation in the site distance triangle is allowed for trees with limbs and canopies which maintain a seven (7) foot vertical clearance from the sidewalk or roadway.
   c.   Creek Structure Setbacks.
      1.   Major creek channels are defined as San Ramon Creek, Sycamore Creek, Green Valley Creek, East Branch of Alamo Creek, and the West Branch of Alamo Creek. For properties that abut major channels, all additions and/or new structures shall meet the creek current structure setback requirements as defined by Contra Costa County Flood Control and Water Conservation District or as determined by the City Engineer.
      2.   For properties that abut non-major channels, all additions and/or new structures shall meet the structure setback requirements as defined in Danville Municipal Code Chapter 31-29, as determined by the City Engineer.
      3.   All structures shall observe the minimum creek setback or the property line setback otherwise established under the applicable zoning district, whichever is greater.
   d.   Breezeways. For purposes of determining the maximum allowable height and minimum yard setbacks, a structure shall not be considered connected to, and part of, the primary residence by utilizing a breezeway unless: the breezeway is structurally integrated into the construction of both the primary residence and the second structure; the distance of the wall-to-wall separation between the two (2) structures connected by the breezeway does not exceed twelve (12) feet, and; the depth of the breezeway roof structure including eaves (front to back) is at least twelve (12) feet. A structure shall be restricted to the maximum height requirement applicable to an accessory structure if the breezeway does not meet all of the above requirements. However, a structure attached to the primary residence in any manner shall comply with the setback standards applicable to the primary residence.
   e.   Garage conversions. The conversion of either the entire garage or any portion of the garage to living space or other residential use is allowed if:
      1.   The property meets the minimum on-site parking requirement as specified under Section 32-22.13.a. of this chapter;
      2.   The existing garage door is removed, and replaced with walls, windows, doors and other suitable materials;
      3.   The exterior of converted space uses the same exterior colors, materials and style of the existing structure; and
      4.   The curb is replaced, the driveway is removed and landscaping is installed so that the converted space no longer resembles a garage.
      5.   The garage conversion is consistent with the standards contained within Section 32-76 (Accessory Dwelling Units).
(Ord. #2023-05, § 2)