Division 1

NONRESIDENTIAL CONSTRUCTION[*]

• Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 62-85 and 126.

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The Town Council declares that:

a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968," the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.)

b. New nonresidential development within the Town will create an additional burden on the existing circulation systems.

c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications within the Town are needed to mitigate existing and potential future circulation impacts.

d. All development for the erection, construction or alteration of nonresidential buildings within the Town of Danville must be consistent with the General Plan. In addition, the approval of such development must assure that the General Plan and implementation of the goals and objectives relating to circulation and parking are, or will be, implemented.

e. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee in lieu of the installation of the improvements necessary for implementation of the Circulation Element of the Genera] Plan, including new streets, traffic signals, traffic signal interconnects and parking facilities.

f. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council.

g. This section is adopted under the police power of the Town, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code §65000 et seq.

(Ord. #94-03, §1)

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A person who applies for a permit for the erection, construction or alteration of a nonresidential building shall pay to the Town a transportation improvement program fee for circulation and parking improvements in an amount specified in Chapter XXX, subsection 30-1.2c. of the Danville Municipal Code. (Ord. #94-03, §1)

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The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #94-03, §1)

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The Town Council may approve full or partial credit against the transportation improvement program fee for a person:

a. Who dedicates land or makes substantial off-site, traffic or parking-related improvements in the Town in connection with a current development project. To qualify for credit under this

subsection, the dedication or improvement must exceed that required for similar development projects;

b. Who dedicates land or makes traffic or parking improvements which contribute in a substantial way to the Town's circulation system.

(Ord. #94-03, §1)

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a. The fee imposed by this section does not apply to a permit for the erection, construction or alteration of a building for the following public and quasi-public uses:

1. Day care center;

2. Hospital, charitable or philanthropic institution or convalescent home;

3. Church, religious institution, and parochial or private school including a nursery school;

4. Community building, club or activity of a public or quasi-public character;

5. Publicly owned buildings and structures.

b. The Town Manager may grant an exemption to the transportation improvement program fee for a person doing interior or exterior remodeling, rehabilitation or renovations which do not create a change in use or building size. In this subsection, "change in use" means a change to a more intense use involving greater parking and traffic impacts than the existing use.

(Ord. #94-03, §1)

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32-102.6 Appeal.

A decision by the Town Manager regarding a transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #94-03, §1)

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Division 2 RESIDENTIAL CONSTRUCTION

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a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968," the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.)

b. New residential development within the entire Town will create an additional burden on the existing circulation systems.

c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications are needed to mitigate existing and potential future circulation impacts.

d. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee to compensate for the additional burden it places on existing circulation systems.

e. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council.

f. This section is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Sections 65000 et seq.

Ord. #95, §8-4301; Ord. #94-03, §1)

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A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, subsection 32-12c. of the Danville Municipal Code. (Ord. #95, §8-4302; Ord. #94-03, §1)

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The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #95, §8-4303; Ord. #94-03, §1)

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The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

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A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)

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The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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32-104.3 Fees Adopted.

The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

(Ord. #2009-07, § 2; Ord. #2015-02, § 2)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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32-102.3

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2026 S-18 (current) 2026 S-18 (current)

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Danville Overview Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES Division 1 NONRESIDENTIAL CONSTRUCTION* 32-102 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON-RESIDENTIAL CONSTRUCTION.

32-102.1 Intent and Purpose.

32-102.2 Fee Requirement.

32-102.3 Time of Payment.

32-102.4 Credit.

32-102.5 Exemptions.

32-102.6 Appeal. Division 2 RESIDENTIAL CONSTRUCTION

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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The Town Council hereby declares that every section, paragraph, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. (Ord. #9130, §3; Ord. #95-06, §3)

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