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.

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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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32-115.5 Standards for Land and Fees.

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.

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32-112.1

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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 ARTICLE XIII AGRICULTURAL LAND CONSERVATION 32-109 AGRICULTURAL PRESERVES.

32-110 - 32-111 RESERVED.

32-112 LAND CONSERVATION CONTRACTS.

32-112.1 Establishment.

32-113 - 32-114 RESERVED.

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

32-115 SCHOOL FACILITY DEDICATIONS.

32-115.1 General Provisions.

32-115.2 Defnitions.

32-115.3 Overcrowded Attendance Areas.

32-115.4 Requirements.

32-115.5 Standards for Land and Fees.

32-115.6 Procedures.

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. 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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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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