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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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)

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• a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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.

Hosted by: American Legal Publishing

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32-102.4

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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.

32-103.1 Intent and Purpose. The Town Council declares that:

32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

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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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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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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32-103.2 Fee Requirement.

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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

• b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means

any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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.

Hosted by: American Legal Publishing

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32-102.5

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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.

32-103.1 Intent and Purpose. The Town Council declares that:

32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

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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32-102.1 Intent and Purpose.
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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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32-104.5 Annual Fee Adjustment Process.

The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending

December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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.

Hosted by: American Legal Publishing

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32-102.6

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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.

32-103.1 Intent and Purpose. The Town Council declares that:

32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

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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32-102.1 Intent and Purpose.
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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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32-104.5 Annual Fee Adjustment Process.

The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending

December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to

specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-103

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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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE. 32-103.1 Intent and Purpose. The Town Council declares that: 32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

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 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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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• a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-103.1

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

Compare to:

• No Earlier Versions -

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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE. 32-103.1 Intent and Purpose. The Town Council declares that: 32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

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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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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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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.

Hosted by: American Legal Publishing

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32-103.2

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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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-103.1 Intent and Purpose. The Town Council declares that:

32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process.

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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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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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• a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-103.3

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

Compare to:

• No Earlier Versions -

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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-103.1 Intent and Purpose. The Town Council declares that:

32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process.

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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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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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• a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-103.4

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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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-103.1 Intent and Purpose. The Town Council declares that:

32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process.

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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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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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• a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-103.5

Skip to code content (skip section selection)

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

Compare to:

• No Earlier Versions -

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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE. 32-103.1 Intent and Purpose. The Town Council declares that: 32-103.2 Fee Requirement.

32-103.3 Time of Payment.

32-103.4 Credit.

32-103.5 Appeal.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process.

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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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• a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-104

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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.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process.

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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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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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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons,

not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

aries 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.

Hosted by: American Legal Publishing

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32-106

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

Compare to:

• No Earlier Versions -

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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose. 32-106.2 Defnitions. 32-106.3 Location.

32-106.4 Variance.

32-107 - 32-108 RESERVED.

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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32-104.1 Purpose and Use of Fees.

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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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)

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• a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

• b. The fees shall be levied on all development projects not exempt from payment of the fee; and

• c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that

are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*]

ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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.

Hosted by: American Legal Publishing

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32-106.1

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose.

32-106.2 Defnitions.

32-106.3 Location.

32-106.4 Variance.

32-107 - 32-108 RESERVED.

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 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)

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a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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32-104.5 Annual Fee Adjustment Process.

The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending

December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to

specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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.

Hosted by: American Legal Publishing

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32-106.2

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

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• No Earlier Versions -

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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose. 32-106.2 Defnitions. 32-106.3 Location.

32-106.4 Variance.

32-107 - 32-108 RESERVED.

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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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)

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32-104.4 Payment of Fees.

a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

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The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

• Editor's Note: This article was adopted by Ordinance No. 15 §1.

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32-106.1 Intent and Purpose.

Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are

maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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• a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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32-106.4 Variance.
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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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ARTICLE XIII AGRICULTURAL LAND CONSERVATION

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32-109.1 Establishment.

a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

• d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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a. Establishment Generally. Upon authorization by Council resolution, its chairman may execute for the Town, laud conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

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ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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a. Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

b. Authority and Conflict. T his section is enacted pursuant to Chapter 4.7 (Government Code §§65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

c. General Plan. The Town's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

d. Regulations. The Town Council from time to time, by resolution, may issue regulations to establish administration, procedures, interpretation and policy direction for this division.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

b. Chapter 4.7 means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

c. Conditions of overcrowding means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

d. Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

e. Reasonable methods for mitigating conditions of overcrowding means and include, but is not limited to, agreements between a subdivider and the affected school district whereby temporaryuse buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

f. Other methods for mitigating conditions of overcrowding means and include, but is not limited to the following:

1. The use of available annual revenue limit and bond revenues;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

g. Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use

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a. Findings and Notice. Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists. Upon making these findings the school district must provide the Town with notice of its findings.

b. Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

1. The findings listed in paragraph a. of this subsection;

2. The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, considered by the school district and any determination made concerning them by the district;

3. A description of the geographic boundaries of the overcrowded attendance area or areas;

4. Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

5. Such other information as may be required by Town Council regulation.

c. Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

d. Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the Planning Agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary

permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the Planning Agency makes one (1) of the following findings:

1. That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

2. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Agency would benefit the County, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

e. School District Schedule. Following the concurrence and decision by the Town to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Town Council and the reasons for the modification.

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.

Hosted by: American Legal Publishing

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32-106.3

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose. 32-106.2 Defnitions. 32-106.3 Location.

32-106.4 Variance.

32-107 - 32-108 RESERVED.

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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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by

its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII

AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

• e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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32-112.1 Establishment.
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a. Establishment Generally. Upon authorization by Council resolution, its chairman may execute for the Town, laud conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

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ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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32-115.1 General Provisions.

a. Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

b. Authority and Conflict. T his section is enacted pursuant to Chapter 4.7 (Government Code §§65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

c. General Plan. The Town's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

d. Regulations. The Town Council from time to time, by resolution, may issue regulations to establish administration, procedures, interpretation and policy direction for this division.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

b. Chapter 4.7 means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

c. Conditions of overcrowding means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

d. Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

e. Reasonable methods for mitigating conditions of overcrowding means and include, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-

use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

• f. Other methods for mitigating conditions of overcrowding means and include, but is not limited to the following:

1. The use of available annual revenue limit and bond revenues;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

g. Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use

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a. Findings and Notice. Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists. Upon making these findings the school district must provide the Town with notice of its findings.

b. Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

1. The findings listed in paragraph a. of this subsection;

2. The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, considered by the school district and any determination made concerning them by the district;

3. A description of the geographic boundaries of the overcrowded attendance area or areas;

4. Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

5. Such other information as may be required by Town Council regulation.

c. Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

d. Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the Planning Agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the Planning Agency makes one (1) of the following findings:

1. That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

2. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Agency would benefit the County, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

e. School District Schedule. Following the concurrence and decision by the Town to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Town Council and the reasons for the modification.

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a. Residential Development. I n an attendance area where the board has concurred as provided in subsection 32-115.3, the owner of a proposed residential development as a condition of approval

or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

• b. Subdivision Fee Limit. O nly the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels or less. (Ord. #78-10).

c. Exemptions. Residential developments shall be exempt from the requirements of this division when they consist only of the following:

1. Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

2. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

3. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe;

4. Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Agency.

d. Prior Agreements. Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the Planning Agency and shall be considered by it as satisfying this division's requirements.

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.

Hosted by: American Legal Publishing

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32-106.4

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose. 32-106.2 Defnitions. 32-106.3 Location.

32-106.4 Variance.

32-107 - 32-108 RESERVED.

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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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by

its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII

AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

• e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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32-112.1 Establishment.
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a. Establishment Generally. Upon authorization by Council resolution, its chairman may execute for the Town, laud conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

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ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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32-115.1 General Provisions.

a. Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

b. Authority and Conflict. T his section is enacted pursuant to Chapter 4.7 (Government Code §§65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

c. General Plan. The Town's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

d. Regulations. The Town Council from time to time, by resolution, may issue regulations to establish administration, procedures, interpretation and policy direction for this division.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

b. Chapter 4.7 means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

c. Conditions of overcrowding means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

d. Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

e. Reasonable methods for mitigating conditions of overcrowding means and include, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-

use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

• f. Other methods for mitigating conditions of overcrowding means and include, but is not limited to the following:

1. The use of available annual revenue limit and bond revenues;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

g. Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use

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a. Findings and Notice. Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists. Upon making these findings the school district must provide the Town with notice of its findings.

b. Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

1. The findings listed in paragraph a. of this subsection;

2. The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, considered by the school district and any determination made concerning them by the district;

3. A description of the geographic boundaries of the overcrowded attendance area or areas;

4. Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

5. Such other information as may be required by Town Council regulation.

c. Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

d. Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the Planning Agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the Planning Agency makes one (1) of the following findings:

1. That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

2. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Agency would benefit the County, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

e. School District Schedule. Following the concurrence and decision by the Town to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Town Council and the reasons for the modification.

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a. Residential Development. I n an attendance area where the board has concurred as provided in subsection 32-115.3, the owner of a proposed residential development as a condition of approval

or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

• b. Subdivision Fee Limit. O nly the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels or less. (Ord. #78-10).

c. Exemptions. Residential developments shall be exempt from the requirements of this division when they consist only of the following:

1. Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

2. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

3. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe;

4. Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Agency.

d. Prior Agreements. Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the Planning Agency and shall be considered by it as satisfying this division's requirements.

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.

Hosted by: American Legal Publishing

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32-109

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION 32-109 AGRICULTURAL PRESERVES.

32-109.1 Establishment.

32-109.2 Standards.

32-110 - 32-111 RESERVED.

32-112 LAND CONSERVATION CONTRACTS.

32-113 - 32-114 RESERVED.

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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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization,

or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII

AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

• e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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32-112.1 Establishment.
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a. Establishment Generally. Upon authorization by Council resolution, its chairman may execute for the Town, laud conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

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ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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32-115.1 General Provisions.

a. Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

b. Authority and Conflict. T his section is enacted pursuant to Chapter 4.7 (Government Code §§65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

c. General Plan. The Town's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

d. Regulations. The Town Council from time to time, by resolution, may issue regulations to establish administration, procedures, interpretation and policy direction for this division.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

b. Chapter 4.7 means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

c. Conditions of overcrowding means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

d. Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

e. Reasonable methods for mitigating conditions of overcrowding means and include, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-

use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

• f. Other methods for mitigating conditions of overcrowding means and include, but is not limited to the following:

1. The use of available annual revenue limit and bond revenues;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

g. Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use

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a. Findings and Notice. Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists. Upon making these findings the school district must provide the Town with notice of its findings.

b. Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

1. The findings listed in paragraph a. of this subsection;

2. The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, considered by the school district and any determination made concerning them by the district;

3. A description of the geographic boundaries of the overcrowded attendance area or areas;

4. Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

5. Such other information as may be required by Town Council regulation.

c. Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

d. Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the Planning Agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the Planning Agency makes one (1) of the following findings:

1. That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

2. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Agency would benefit the County, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

e. School District Schedule. Following the concurrence and decision by the Town to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Town Council and the reasons for the modification.

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a. Residential Development. I n an attendance area where the board has concurred as provided in subsection 32-115.3, the owner of a proposed residential development as a condition of approval

or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

• b. Subdivision Fee Limit. O nly the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels or less. (Ord. #78-10).

• c. Exemptions. Residential developments shall be exempt from the requirements of this division when they consist only of the following:

1. Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

2. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

3. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe;

4. Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Agency.

• d. Prior Agreements. Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the Planning Agency and shall be considered by it as satisfying this division's requirements.

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a. General Standard. The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities, including all mandated educational programs, and shall be reasonably related and limited to the need for schools caused by the development.

• b. Amount of Land. T he total land area required by this division to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by subsection 32-115.3. The

Planning Agency shall determine and establish the monetary value of the land area for the purposes of this division.

c. Amount of Fee.

1. Resolution. When fees are required by this division to be paid in lieu of land dedication or as a combination of both, such fees shall be, and be paid, as set by Council resolution adopted after recommendation by the Director of Planning.

2. Bedroom and Dwelling. The resolution shall fix a per bedroom fee and a total maximum dwelling unit fee. Any room designed for sleeping which has a closet is a bedroom for the purposes of this division.

3. Mobile Home Parks. The resolution shall fix a fee for each dwelling unit space or lot in a mobile home park.

4. Costs. Among the factors to be considered when establishing fees by resolution are: any school district notice of findings, cost estimates, the costs of local leasing of portable facilities, construction of interim school facilities, and air conditioning.

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.

Hosted by: American Legal Publishing

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32-109.1

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION 32-109 AGRICULTURAL PRESERVES.

32-109.1 Establishment.

32-109.2 Standards.

32-110 - 32-111 RESERVED.

32-112 LAND CONSERVATION CONTRACTS.

32-113 - 32-114 RESERVED.

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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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization,

or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII

AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

• e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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32-112.1 Establishment.
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a. Establishment Generally. Upon authorization by Council resolution, its chairman may execute for the Town, laud conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

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ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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32-115.1 General Provisions.

a. Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

b. Authority and Conflict. T his section is enacted pursuant to Chapter 4.7 (Government Code §§65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

c. General Plan. The Town's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

d. Regulations. The Town Council from time to time, by resolution, may issue regulations to establish administration, procedures, interpretation and policy direction for this division.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

b. Chapter 4.7 means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

c. Conditions of overcrowding means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

d. Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

e. Reasonable methods for mitigating conditions of overcrowding means and include, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-

use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

• f. Other methods for mitigating conditions of overcrowding means and include, but is not limited to the following:

1. The use of available annual revenue limit and bond revenues;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

g. Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use

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a. Findings and Notice. Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists. Upon making these findings the school district must provide the Town with notice of its findings.

b. Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

1. The findings listed in paragraph a. of this subsection;

2. The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, considered by the school district and any determination made concerning them by the district;

3. A description of the geographic boundaries of the overcrowded attendance area or areas;

4. Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

5. Such other information as may be required by Town Council regulation.

c. Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

d. Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the Planning Agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the Planning Agency makes one (1) of the following findings:

1. That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

2. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Agency would benefit the County, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

e. School District Schedule. Following the concurrence and decision by the Town to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Town Council and the reasons for the modification.

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a. Residential Development. I n an attendance area where the board has concurred as provided in subsection 32-115.3, the owner of a proposed residential development as a condition of approval

or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

• b. Subdivision Fee Limit. O nly the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels or less. (Ord. #78-10).

• c. Exemptions. Residential developments shall be exempt from the requirements of this division when they consist only of the following:

1. Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

2. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

3. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe;

4. Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Agency.

• d. Prior Agreements. Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the Planning Agency and shall be considered by it as satisfying this division's requirements.

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a. General Standard. The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities, including all mandated educational programs, and shall be reasonably related and limited to the need for schools caused by the development.

• b. Amount of Land. T he total land area required by this division to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by subsection 32-115.3. The

Planning Agency shall determine and establish the monetary value of the land area for the purposes of this division.

c. Amount of Fee.

1. Resolution. When fees are required by this division to be paid in lieu of land dedication or as a combination of both, such fees shall be, and be paid, as set by Council resolution adopted after recommendation by the Director of Planning.

2. Bedroom and Dwelling. The resolution shall fix a per bedroom fee and a total maximum dwelling unit fee. Any room designed for sleeping which has a closet is a bedroom for the purposes of this division.

3. Mobile Home Parks. The resolution shall fix a fee for each dwelling unit space or lot in a mobile home park.

4. Costs. Among the factors to be considered when establishing fees by resolution are: any school district notice of findings, cost estimates, the costs of local leasing of portable facilities, construction of interim school facilities, and air conditioning.

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.

Hosted by: American Legal Publishing

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32-109.2

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

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• No Earlier Versions -

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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION 32-109 AGRICULTURAL PRESERVES.

32-109.1 Establishment.

32-109.2 Standards.

32-110 - 32-111 RESERVED.

32-112 LAND CONSERVATION CONTRACTS.

32-113 - 32-114 RESERVED.

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

32-115 SCHOOL FACILITY DEDICATIONS.

32-116 RESERVED.

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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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

Adult Entertainment Businesses shall be defined as follows:

1. Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

2. Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

7. Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

8. Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified Anatomical Areas shall be defined as follows:

1. Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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a. Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

1. Within five hundred (500') feet of any area zoned for residential use; or

2. Within one thousand (1,000') feet of any other "adult entertainment" business; or

3. Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization,

or any establishment likely to be used by minors.

b. Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

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a. Granting. Land use permits to modify the location provisions contained in subsection 32106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.

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32-107— 32-108 RESERVED.

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ARTICLE XIII

AGRICULTURAL LAND CONSERVATION

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a. Establishment by Town Council. The Town Council may by resolution designate suitable areas of the Town as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff, as amended) to be devoted to agricultural and compatible uses.

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a. Compliance Required . Agricultural preserves shall comply with the following uniform standards as set forth in paragraphs b. through g. of this subsection.

b. Minimum Acreage . No agricultural preserve shall be established having less than one hundred (100) contiguous acres.

c. Minimum Parcel . No parcel of land of less than twenty (20) acres shall be included in an agricultural preserve, but the Town may, on its own initiative, offer to include a parcel of any size and offer a contract to its owner when it deems necessary to provide for the preserve's continuity and integrity.

d. Parcel Defined . "Parcel" as used in this title means a contiguous area of land under common fee ownership.

• e. Land Subject to Agreement . All land in a preserve must also be subject to a land conservation contract or agreement.

f. Land Within One Mile of City . Land within one (1) mile of any City may be included in an agricultural preserve and placed under contract, but not if the City files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

g. Land Use Restriction . Agricultural preserves shall include only land primarily used for commercial agricultural production.

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32-112.1 Establishment.
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a. Establishment Generally. Upon authorization by Council resolution, its chairman may execute for the Town, laud conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

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ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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32-115.1 General Provisions.

a. Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

b. Authority and Conflict. T his section is enacted pursuant to Chapter 4.7 (Government Code §§65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

c. General Plan. The Town's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

d. Regulations. The Town Council from time to time, by resolution, may issue regulations to establish administration, procedures, interpretation and policy direction for this division.

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a. Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

b. Chapter 4.7 means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

c. Conditions of overcrowding means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

d. Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

e. Reasonable methods for mitigating conditions of overcrowding means and include, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-

use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

• f. Other methods for mitigating conditions of overcrowding means and include, but is not limited to the following:

1. The use of available annual revenue limit and bond revenues;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

g. Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use

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a. Findings and Notice. Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists. Upon making these findings the school district must provide the Town with notice of its findings.

b. Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

1. The findings listed in paragraph a. of this subsection;

2. The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, considered by the school district and any determination made concerning them by the district;

3. A description of the geographic boundaries of the overcrowded attendance area or areas;

4. Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

5. Such other information as may be required by Town Council regulation.

c. Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

d. Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the Planning Agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the Planning Agency makes one (1) of the following findings:

1. That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

2. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Agency would benefit the County, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

e. School District Schedule. Following the concurrence and decision by the Town to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Town Council and the reasons for the modification.

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a. Residential Development. I n an attendance area where the board has concurred as provided in subsection 32-115.3, the owner of a proposed residential development as a condition of approval

or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

• b. Subdivision Fee Limit. O nly the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels or less. (Ord. #78-10).

• c. Exemptions. Residential developments shall be exempt from the requirements of this division when they consist only of the following:

1. Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

2. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

3. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe;

4. Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Agency.

• d. Prior Agreements. Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the Planning Agency and shall be considered by it as satisfying this division's requirements.

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