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.

Hosted by: American Legal Publishing

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32-115

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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 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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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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32-115.1

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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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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.

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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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32-115.2

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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. 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.

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a. Decision Factors. At the time of initial residential development or building permit approval, the Planning Agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Agency shall consider the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will 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 will be reasonably related and limited to the need for schools caused by the development;

4. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

5. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

b. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements.

c. Fee Payment. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

d. Trust—Land and Fees. Land and fees shall be held in trust by the Town until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

e. Refunds.

1. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the Town still retains the land and/or fees collected for it, and if the applicant so requests, the Town Council shall order return to him of such land and/or fees.

2. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the Town, and if the applicant so requests, the school district shall return to him such land and/or fees.

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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32-115.3

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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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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 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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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.

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a. Decision Factors. At the time of initial residential development or building permit approval, the Planning Agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Agency shall consider the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will 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 will be reasonably related and limited to the need for schools caused by the development;

4. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

5. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

b. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements.

• c. Fee Payment. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

• d. Trust—Land and Fees. Land and fees shall be held in trust by the Town until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

e. Refunds.

1. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the Town still retains the land and/or fees collected for it, and if the applicant so requests, the Town Council shall order return to him of such land and/or fees.

2. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the Town, and if the applicant so requests, the school district shall return to him such land and/or fees.

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ARTICLE XV FLOOD DAMAGE PREVENTION

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Division 1 GENERAL PROVISIONS

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a. The flood hazard areas of the Town are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

b. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(Ord. #133, §8-4801; Ord. #2002-02, §2)

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It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specified areas by provisions designed to:

a. Protect human life and health;

b. Minimize expenditure of public money for costly flood control projects;

c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d. Minimize prolonged business interruptions;

e. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

f. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

g. Insure that potential buyers are notified that property is in an area of special flood hazard; and

h. Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. #133, §8-4802; Ord. #2002-02, §2)

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

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32-115.4

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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 ARTICLE XIII AGRICULTURAL LAND CONSERVATION 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. 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.

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a. Decision Factors. At the time of initial residential development or building permit approval, the Planning Agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Agency shall consider the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will 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 will be reasonably related and limited to the need for schools caused by the development;

4. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

5. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

b. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements.

• c. Fee Payment. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

d. Trust—Land and Fees. Land and fees shall be held in trust by the Town until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

e. Refunds.

1. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the Town still retains the land and/or fees collected for it, and if the applicant so requests, the Town Council shall order return to him of such land and/or fees.

2. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the Town, and if the applicant so requests, the school district shall return to him such land and/or fees.

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ARTICLE XV FLOOD DAMAGE PREVENTION

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Division 1 GENERAL PROVISIONS

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32-117.1 Findings of Fact.
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a. The flood hazard areas of the Town are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

b. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(Ord. #133, §8-4801; Ord. #2002-02, §2)

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It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specified areas by provisions designed to:

a. Protect human life and health;

b. Minimize expenditure of public money for costly flood control projects;

c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d. Minimize prolonged business interruptions;

e. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

f. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

g. Insure that potential buyers are notified that property is in an area of special flood hazard; and

h. Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. #133, §8-4802; Ord. #2002-02, §2)

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In order to accomplish its purposes, this section includes methods and provisions for:

a. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters;

d. Controlling filling, grading, dredging, and other development which may increase flood damage; and

e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. #133, §8-4804; Ord. #2002-02, §2)

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As used in this section, unless context otherwise requires:

a. Accessory use means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.

b. Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported

by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

c. Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

d. Appeal means a request for a review of the Development Services Director's interpretation of any provision of this ordinance.

e. Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

f. Area of special flood hazard (See "Special flood hazard area").

g. Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

h. Area of special mudslide (i.e., mudflow) hazard is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate map (FIRM).

i. Base flood means a flood that has a one (1%) percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this section.

j. Basement means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

k. Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

l. Building (See "structure").

m. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

n. Development means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

o. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.

p. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

q. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

r. Flood, flooding, or flood water means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

s. Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

t. Flood Hazard Boundary Map means the official map of which the Federal Emergency Management Agency or Federal Insurance Administrative has delineated the areas of flood hazards.

u. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

v. Flood Insurance Study means the official report provided by the Federal Insurance Administration that included flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

w. Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

x. Flood-related erosion area or flood-related erosion prone area means a land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

y. Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

z. Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (See "flooding").

aa. Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations.

bb. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

cc. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

dd. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing).

ee. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "Regulatory Floodway."

ff. Floodway fringe is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

gg. Fraud and victimization as related to Division 5, Variances, of this section, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Town of Danville will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, the future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

hh. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

ii. Governing body is the local governing unit, i.e., county or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

jj. Hardship as related to Division 5, Variances of this section, means the exceptional hardship that would result from a failure to grant the requested variance. The Town of Danville requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

kk. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

ll. Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic

preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

mm. Levee means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

nn. Levee system means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

oo. Lowest floor means the lowest floor enclosed area, including basement (See "basement" definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided it conforms to applicable non elevation design requirements, including, but not limited to:

• (a) The wet floodproofing standard in section 32-117.34c;

• (b) The anchoring standards in section 32-117.32;

• (c) The construction materials and methods standards in section 32-117.33; and

• (d) The standards for utilities in section 32-117.36.

2. For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (See "basement" definition). This prohibition includes below grade garages and storage areas.

pp. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

qq. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

rr. Market Value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot

cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Development Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

t Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

ss. Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

tt. Mudslide describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

uu. Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

vv. New construction , for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

ww. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

xx. Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

yy. One hundred year flood or 100-year flood (See "baseflood").

zz. Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

ary frontal dune_ means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

aaa. Public safety and nuisance as related to Division 5, Flood Hazard Variance Procedure, of this section means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

bbb. Recreational vehicle means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck;

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

ccc. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

ddd. Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

eee. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

fff. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

ggg. Sheet flow area (See "area of shallow flooding").

hhh. Special flood hazard area (SFHA) means an area in the floodplain subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

iii. Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets

and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

jjj. Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

kkk. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

lll. Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structures before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

mmm. V zone (See "coastal high hazard area").

nnn. Variance means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance.

ooo. Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

ppp. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

qqq. Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. #133, §8-4804; Ord. #2002-02, §2)

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

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32-115.5

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

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. 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.

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a. Decision Factors. At the time of initial residential development or building permit approval, the Planning Agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Agency shall consider the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will 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 will be reasonably related and limited to the need for schools caused by the development;

4. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

5. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

b. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements.

• c. Fee Payment. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

d. Trust—Land and Fees. Land and fees shall be held in trust by the Town until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

e. Refunds.

1. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the Town still retains the land and/or fees collected for it, and if the applicant so requests, the Town Council shall order return to him of such land and/or fees.

2. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the Town, and if the applicant so requests, the school district shall return to him such land and/or fees.

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ARTICLE XV FLOOD DAMAGE PREVENTION

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Division 1 GENERAL PROVISIONS

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32-117.1 Findings of Fact.
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a. The flood hazard areas of the Town are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

b. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(Ord. #133, §8-4801; Ord. #2002-02, §2)

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It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specified areas by provisions designed to:

a. Protect human life and health;

b. Minimize expenditure of public money for costly flood control projects;

c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d. Minimize prolonged business interruptions;

e. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

f. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

g. Insure that potential buyers are notified that property is in an area of special flood hazard; and

h. Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. #133, §8-4802; Ord. #2002-02, §2)

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In order to accomplish its purposes, this section includes methods and provisions for:

a. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters;

d. Controlling filling, grading, dredging, and other development which may increase flood damage; and

e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. #133, §8-4804; Ord. #2002-02, §2)

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As used in this section, unless context otherwise requires:

a. Accessory use means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.

b. Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported

by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

c. Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

d. Appeal means a request for a review of the Development Services Director's interpretation of any provision of this ordinance.

e. Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

f. Area of special flood hazard (See "Special flood hazard area").

g. Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

h. Area of special mudslide (i.e., mudflow) hazard is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate map (FIRM).

i. Base flood means a flood that has a one (1%) percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this section.

j. Basement means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

k. Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

l. Building (See "structure").

m. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

n. Development means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

o. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.

p. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

q. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

r. Flood, flooding, or flood water means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

s. Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

t. Flood Hazard Boundary Map means the official map of which the Federal Emergency Management Agency or Federal Insurance Administrative has delineated the areas of flood hazards.

u. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

v. Flood Insurance Study means the official report provided by the Federal Insurance Administration that included flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

w. Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

x. Flood-related erosion area or flood-related erosion prone area means a land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

y. Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

z. Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (See "flooding").

aa. Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations.

bb. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

cc. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

dd. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing).

ee. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "Regulatory Floodway."

ff. Floodway fringe is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

gg. Fraud and victimization as related to Division 5, Variances, of this section, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Town of Danville will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, the future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

hh. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

ii. Governing body is the local governing unit, i.e., county or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

jj. Hardship as related to Division 5, Variances of this section, means the exceptional hardship that would result from a failure to grant the requested variance. The Town of Danville requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

kk. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

ll. Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic

preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

mm. Levee means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

nn. Levee system means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

oo. Lowest floor means the lowest floor enclosed area, including basement (See "basement" definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided it conforms to applicable non elevation design requirements, including, but not limited to:

• (a) The wet floodproofing standard in section 32-117.34c;

• (b) The anchoring standards in section 32-117.32;

• (c) The construction materials and methods standards in section 32-117.33; and

• (d) The standards for utilities in section 32-117.36.

2. For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (See "basement" definition). This prohibition includes below grade garages and storage areas.

pp. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

qq. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

rr. Market Value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot

cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Development Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

t Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

ss. Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

tt. Mudslide describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

uu. Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

vv. New construction , for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

ww. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

xx. Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

yy. One hundred year flood or 100-year flood (See "baseflood").

zz. Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

ary frontal dune_ means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

aaa. Public safety and nuisance as related to Division 5, Flood Hazard Variance Procedure, of this section means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

bbb. Recreational vehicle means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck;

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

ccc. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

ddd. Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

eee. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

fff. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

ggg. Sheet flow area (See "area of shallow flooding").

hhh. Special flood hazard area (SFHA) means an area in the floodplain subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

iii. Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets

and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

jjj. Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

kkk. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

lll. Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structures before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

mmm. V zone (See "coastal high hazard area").

nnn. Variance means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance.

ooo. Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

ppp. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

qqq. Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. #133, §8-4804; Ord. #2002-02, §2)

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

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32-115.6

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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 ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES 32-115 SCHOOL FACILITY DEDICATIONS.

I 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 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. 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.

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a. Decision Factors. At the time of initial residential development or building permit approval, the Planning Agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Agency shall consider the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will 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 will be reasonably related and limited to the need for schools caused by the development;

4. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

5. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

b. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements.

c. Fee Payment. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

d. Trust—Land and Fees. Land and fees shall be held in trust by the Town until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

e. Refunds.

1. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the Town still retains the land and/or fees collected for it, and if the applicant so requests, the Town Council shall order return to him of such land and/or fees.

2. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the Town, and if the applicant so requests, the school district shall return to him such land and/or fees.

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ARTICLE XV FLOOD DAMAGE PREVENTION

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Division 1 GENERAL PROVISIONS

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a. The flood hazard areas of the Town are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

b. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(Ord. #133, §8-4801; Ord. #2002-02, §2)

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It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specified areas by provisions designed to:

a. Protect human life and health;

b. Minimize expenditure of public money for costly flood control projects;

c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d. Minimize prolonged business interruptions;

e. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

f. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

• g. Insure that potential buyers are notified that property is in an area of special flood hazard; and

h. Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. #133, §8-4802; Ord. #2002-02, §2)

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In order to accomplish its purposes, this section includes methods and provisions for:

a. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters;

d. Controlling filling, grading, dredging, and other development which may increase flood damage; and

e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. #133, §8-4804; Ord. #2002-02, §2)

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As used in this section, unless context otherwise requires:

a. Accessory use means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.

b. Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

c. Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

d. Appeal means a request for a review of the Development Services Director's interpretation of any provision of this ordinance.

e. Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

f. Area of special flood hazard (See "Special flood hazard area").

g. Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

h. Area of special mudslide (i.e., mudflow) hazard is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate map (FIRM).

i. Base flood means a flood that has a one (1%) percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this

section.

j. Basement means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

k. Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

l. Building (See "structure").

m. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

n. Development means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

o. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.

p. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

q. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

r. Flood, flooding, or flood water means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

s. Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

t. Flood Hazard Boundary Map means the official map of which the Federal Emergency Management Agency or Federal Insurance Administrative has delineated the areas of flood hazards.

u. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

v. Flood Insurance Study means the official report provided by the Federal Insurance Administration that included flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

w. Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

x. Flood-related erosion area or flood-related erosion prone area means a land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

y. Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

z. Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (See "flooding").

aa. Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations.

bb. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

cc. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

dd. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing).

ee. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "Regulatory Floodway."

ff. Floodway fringe is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

gg. Fraud and victimization as related to Division 5, Variances, of this section, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Town of Danville will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, the future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

hh. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

ii. Governing body is the local governing unit, i.e., county or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

jj. Hardship as related to Division 5, Variances of this section, means the exceptional hardship that would result from a failure to grant the requested variance. The Town of Danville requires that

the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

kk. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

ll. Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

mm. Levee means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

nn. Levee system means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

oo. Lowest floor means the lowest floor enclosed area, including basement (See "basement" definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided it conforms to applicable non elevation design requirements, including, but not limited to:

• (a) The wet floodproofing standard in section 32-117.34c;

• (b) The anchoring standards in section 32-117.32;

• (c) The construction materials and methods standards in section 32-117.33; and

• (d) The standards for utilities in section 32-117.36.

2. For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (See "basement" definition). This prohibition includes below grade garages and storage areas.

pp. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

qq. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

rr. Market Value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Development Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

t Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

ss. Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

tt. Mudslide describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

uu. Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

vv. New construction , for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

ww. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured

homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

xx. Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

yy. One hundred year flood or 100-year flood (See "baseflood").

zz. Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

ary frontal dune_ means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

aaa. Public safety and nuisance as related to Division 5, Flood Hazard Variance Procedure, of this section means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

bbb. Recreational vehicle means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck;

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

ccc. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

ddd. Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

eee. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

fff. Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

ggg. Sheet flow area (See "area of shallow flooding").

hhh. Special flood hazard area (SFHA) means an area in the floodplain subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

iii. Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

jjj. Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

kkk. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

lll. Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structures before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

mmm. V zone (See "coastal high hazard area").

nnn. Variance means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance.

ooo. Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

ppp. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

qqq. Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. #133, §8-4804; Ord. #2002-02, §2)

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

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32-116

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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 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