Danville Planning Commission to Talk Permanent Outdoor Dining Rules

On Tuesday, the Danville Planning Commission will look at its Downtown Business District Ordinance on outdoor restaurant seating program – moving towards finalization of the permanent regulations

The program began in response to the COVID-19 pandemic in 2022 and has since been extended twice by the town with the current regulations expiring January 2, 2027.

According to the staff report, “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.”

The proposed modifications include:

On-Street Outdoor Seating (Parklets)

The existing on-street seating program would be extended indefinity. On-site outdoor

seating would be subject to the following requirements:

Existing parklets would be subject to compliance with the basic elements of the proposed updated Town of Danville Outdoor Seating Program Design Guidelines and Development Standards (Attachment C). These guidelines have been revised to include specifications on the furniture and equipment used within the parklets, such as umbrellas and chairs. New parklets would be required to be of a custom design subject to review by the Town’s Design Review Board through a ministerial Development Plan review process.
Use of public rights-of-way would be subject to the execution of a lease agreement. The lease agreement would address the term of the lease, payment of applicable lease and administrative fees, maintenance and repair responsibilities, and insurance and indemnification requirements. The lease agreements would 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.
If a parklet remains inactive for three or more consecutive months between March and November, the Town may require its removal. If removal is required, the Land Use Permit will become void and the parklet will become a non-conforming land use. A new Land Use Permit will be required to reinstate the parklet’s approved status.
The number of parking stalls occupied by future on-street parklets within Old Town Danville would not be allowed to exceed the number of currently occupied parking stalls, which is twelve on-street parking stalls, currently operated by five different restaurants. Once the twelve-space maximum has been reached, the Town would 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.
Restaurants would only be eligible for a parklet if they cannot accommodate at least 50 percent of their gross interior area for on-site outdoor seating.
Parklets would 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.

On-Site Outdoor Seating

Based on the Town Council’s direction, the existing expanded on-site seating program would not be extended and would expire on January 2, 2027. Following that date, on-site outdoor seating would be subject to the following requirements:

Outdoor seating areas that exceed the 25 percent match of gross interior area, or area previously approved, would be subject to the payment of the Town’s parking in-lieu fee.
Off-site parking in-lieu fees for on-site outdoor seating, beyond the 25% of interior area that is allowed by right, would be calculated at one parking stall per 200 square feet where it was previously calculated at one stall per 100 square feet.
Restaurants may provide outdoor seating with a total area of up to 100% of the restaurant’s gross interior floor area if the characteristics of the site allows and subject to the payment of parling in-lieu fees.
On-site outdoor seating areas would be required to be of a custom design. Any seating areas that include the construction of a new structure or alterations to a building’s façade would be subject to the Town’s approval of a Development Plan application including review and approval by the Design Review Board.

Street Closures and Authorized Public Consumption of Alcohol

To allow for the consumption of alcohol in the on-street parklets located within the public right-of-way, the Town Council would need to approve partial street closures for outdoor restaurant seating and grant an exemption to Danville Ordinance No. 96-10 allowing for the consumption of alcoholic beverages within the public right-of-way limited to restaurants with outdoor seating authorized through a Land Use Permit, as provided for in Section 2 of the Ordinance.

If You Go
Danville Planning Commission
Tuesday, September 8, 2026
5:00 p.m.
201 Front St, Danville, CA
Agenda: Click Here

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