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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32-117

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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

E 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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

Division 1 GENERAL PROVISIONS

32-117.1 Findings of Fact.

32-117.2 Statement of Purpose.

32-117.3 Methods of Reducing Flood Losses.

32-117.4 Defnitions.

32.117.5 - 32.117.10 Reserved.

32-118 - 32-121 RESERVED.

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. 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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32-117.1

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

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

E 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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

Division 1 GENERAL PROVISIONS

32-117.1 Findings of Fact.

32-117.2 Statement of Purpose.

32-117.3 Methods of Reducing Flood Losses.

32-117.4 Defnitions.

32.117.5 - 32.117.10 Reserved.

32-118 - 32-121 RESERVED.

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. 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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32-117.2

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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

E 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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

Division 1 GENERAL PROVISIONS

32-117.1 Findings of Fact.

32-117.2 Statement of Purpose.

32-117.3 Methods of Reducing Flood Losses.

32-117.4 Defnitions.

32.117.5 - 32.117.10 Reserved.

32-118 - 32-121 RESERVED.

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. 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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32-117.3

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

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION 32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

Division 1 GENERAL PROVISIONS

32-117.1 Findings of Fact.

32-117.2 Statement of Purpose.

32-117.3 Methods of Reducing Flood Losses.

32-117.4 Defnitions.

32.117.5 - 32.117.10 Reserved.

32-118 - 32-121 RESERVED.

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. 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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32-117.4

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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

E 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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

Division 1 GENERAL PROVISIONS

32-117.1 Findings of Fact.

32-117.2 Statement of Purpose.

32-117.3 Methods of Reducing Flood Losses.

32-117.4 Defnitions.

32.117.5 - 32.117.10 Reserved.

32-118 - 32-121 RESERVED.

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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a. The 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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

• b. Liberally construed in favor of the governing body; and

• c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

• d. All appropriate certifications listed in 32-117.23.e of this section; and

• e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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32-117.23 Duties and Responsibilities of the Development Services Director.

The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

• d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

• e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

• f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; 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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32-117.11

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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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability.

32-117.18 - 32-117.20 Reserved.

Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

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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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.

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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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32-117.14 Abrogation and Greater Restrictions.

This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

b. Liberally construed in favor of the governing body; and

c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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32-117.21 Establishment of Development Permit.

A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate

Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

• h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.
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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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The standards set forth in this division are required in all areas of special flood hazards. (Ord. #133, §8-4831; Ord. #2002-02, §2)

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a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection 32-117.38.b. (Ord. #133, §8-4832; Ord. #2002-02, §2)

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All new construction and substantial improvements shall be constructed:

a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. #133, §8-4833; Ord. #2002-02, §2)

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(See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

a. Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. Base flood elevation shall be determined by one (1) of the methods in 32-117.23.b of this section.

b. Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director.

c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 10-93 and TB 7-93, and must exceed the following minimum criteria:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves

or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

2. Be certified by a registered professional engineer or architect.

d. Manufactured homes shall meet the standards in this section and also the standards in subsection 32-117.38.

e. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4834; Ord. #2002-02, §2)

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a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. #133, §8-4835; Ord. #2002-02, §2)

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a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. #133, §8-4836; Ord. #2002-02, §2)

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a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director.

• c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

e. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. (Ord, #133, §8-4837; Ord. #2002-02, §2)

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a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of

this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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

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32-117.12

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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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability.

32-117.18 - 32-117.20 Reserved.

Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

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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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.

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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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32-117.14 Abrogation and Greater Restrictions.

This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

b. Liberally construed in favor of the governing body; and

c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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32-117.21 Establishment of Development Permit.

A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate

Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

• h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.
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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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The standards set forth in this division are required in all areas of special flood hazards. (Ord. #133, §8-4831; Ord. #2002-02, §2)

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a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection 32-117.38.b. (Ord. #133, §8-4832; Ord. #2002-02, §2)

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All new construction and substantial improvements shall be constructed:

a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. #133, §8-4833; Ord. #2002-02, §2)

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(See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

a. Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. Base flood elevation shall be determined by one (1) of the methods in 32-117.23.b of this section.

b. Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director.

c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 10-93 and TB 7-93, and must exceed the following minimum criteria:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves

or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

2. Be certified by a registered professional engineer or architect.

d. Manufactured homes shall meet the standards in this section and also the standards in subsection 32-117.38.

e. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4834; Ord. #2002-02, §2)

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a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. #133, §8-4835; Ord. #2002-02, §2)

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a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. #133, §8-4836; Ord. #2002-02, §2)

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a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director.

• c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

e. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. (Ord, #133, §8-4837; Ord. #2002-02, §2)

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a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of

this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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32-117.13

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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 ARTICLE XV FLOOD DAMAGE PREVENTION 32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability. 32-117.18 - 32-117.20 Reserved.

Division 3 ADMINISTRATION

32-117.21 Establishment of Development Permit.

32-117.22 Designation of Development Services Director.

32-117.23 Duties and Responsibilities of the Development Services Director.

32-117.24 - 32-117.30 Reserved.

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

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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32-117.4 Definitions.
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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.

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.

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.

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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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32-117.11 Lands to Which This Chapter Applies.
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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

• b. Liberally construed in favor of the governing body; and

• c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will

occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

• d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

• f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

• h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.
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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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The standards set forth in this division are required in all areas of special flood hazards. (Ord. #133, §8-4831; Ord. #2002-02, §2)

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a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection 32-117.38.b. (Ord. #133, §8-4832; Ord. #2002-02, §2)

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All new construction and substantial improvements shall be constructed:

• a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

• b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. #133, §8-4833; Ord. #2002-02, §2)

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• (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

a. Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. Base flood elevation shall be determined by one (1) of the methods in 32-117.23.b of this section.

• b. Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director.

c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 10-93 and TB 7-93, and must exceed the following minimum criteria:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

2. Be certified by a registered professional engineer or architect.

• d. Manufactured homes shall meet the standards in this section and also the standards in subsection 32-117.38.

e. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4834; Ord. #2002-02, §2)

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a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. #133, §8-4835; Ord. #2002-02, §2)

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a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. #133, §8-4836; Ord. #2002-02, §2)

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a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director.

c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

e. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. (Ord, #133, §8-4837; Ord. #2002-02, §2)

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a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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32-117.14

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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 ARTICLE XV FLOOD DAMAGE PREVENTION 32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability. 32-117.18 - 32-117.20 Reserved.

Division 3 ADMINISTRATION

32-117.21 Establishment of Development Permit.

32-117.22 Designation of Development Services Director.

32-117.23 Duties and Responsibilities of the Development Services Director.

32-117.24 - 32-117.30 Reserved.

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

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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32-117.4 Definitions.
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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.

e 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.

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.

ured 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.

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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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32-117.11 Lands to Which This Chapter Applies.
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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

• b. Liberally construed in favor of the governing body; and

• c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will

occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

• d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

• f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

• h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.
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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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The standards set forth in this division are required in all areas of special flood hazards. (Ord. #133, §8-4831; Ord. #2002-02, §2)

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a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection 32-117.38.b. (Ord. #133, §8-4832; Ord. #2002-02, §2)

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All new construction and substantial improvements shall be constructed:

• a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

• b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. #133, §8-4833; Ord. #2002-02, §2)

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• (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

a. Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. Base flood elevation shall be determined by one (1) of the methods in 32-117.23.b of this section.

• b. Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director.

c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 10-93 and TB 7-93, and must exceed the following minimum criteria:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

2. Be certified by a registered professional engineer or architect.

• d. Manufactured homes shall meet the standards in this section and also the standards in subsection 32-117.38.

e. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4834; Ord. #2002-02, §2)

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a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. #133, §8-4835; Ord. #2002-02, §2)

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a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. #133, §8-4836; Ord. #2002-02, §2)

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a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director.

c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

e. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. (Ord, #133, §8-4837; Ord. #2002-02, §2)

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a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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

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32-117.15

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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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability.

32-117.18 - 32-117.20 Reserved.

Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

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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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.

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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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32-117.14 Abrogation and Greater Restrictions.

This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

b. Liberally construed in favor of the governing body; and

c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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32-117.21 Establishment of Development Permit.

A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate

Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

• h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.
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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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The standards set forth in this division are required in all areas of special flood hazards. (Ord. #133, §8-4831; Ord. #2002-02, §2)

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a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection 32-117.38.b. (Ord. #133, §8-4832; Ord. #2002-02, §2)

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All new construction and substantial improvements shall be constructed:

a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. #133, §8-4833; Ord. #2002-02, §2)

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(See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

a. Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. Base flood elevation shall be determined by one (1) of the methods in 32-117.23.b of this section.

b. Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director.

c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 10-93 and TB 7-93, and must exceed the following minimum criteria:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves

or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

2. Be certified by a registered professional engineer or architect.

d. Manufactured homes shall meet the standards in this section and also the standards in subsection 32-117.38.

e. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4834; Ord. #2002-02, §2)

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a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. #133, §8-4835; Ord. #2002-02, §2)

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a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. #133, §8-4836; Ord. #2002-02, §2)

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a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director.

• c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

e. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. (Ord, #133, §8-4837; Ord. #2002-02, §2)

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a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of

this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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Division 5 FLOOD HAZARD VARIANCE PROCEDURES

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a. The Planning Commission shall hear and decide appeals and requests for flood hazard variances from the requirements of this section.

b. The Planning Commission shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the Development Services Director in the enforcement or administration of this section.

c. The decision of the Planning Commission may be appealed to the Town Council.

d. The time and manner for taking an appeal is as provided in Section 30-7. (Ord. #133, §84241; Ord. #2002-02, §2)

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32-117.16

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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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability.

32-117.18 - 32-117.20 Reserved. Division 3 ADMINISTRATION

32-117.21 Establishment of Development Permit.

32-117.22 Designation of Development Services Director.

32-117.23 Duties and Responsibilities of the Development Services Director. 32-117.24 - 32-117.30 Reserved.

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

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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32-117.4 Definitions.

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.

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.

ured 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.

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)

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32.117.5—32.117.10 Reserved.

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Division 2 APPLICATIONS

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32-117.11 Lands to Which This Chapter Applies.
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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

• b. Liberally construed in favor of the governing body; and

• c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will

occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

• d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

• f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

• h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.
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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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The standards set forth in this division are required in all areas of special flood hazards. (Ord. #133, §8-4831; Ord. #2002-02, §2)

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a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b. All manufactured homes shall meet the anchoring standards of subsection 32-117.38.b. (Ord. #133, §8-4832; Ord. #2002-02, §2)

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All new construction and substantial improvements shall be constructed:

• a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

• b. Using methods and practices that minimize flood damage;

c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. #133, §8-4833; Ord. #2002-02, §2)

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• (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

a. Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one (1) foot above the base flood elevation. Base flood elevation shall be determined by one (1) of the methods in 32-117.23.b of this section.

• b. Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director.

c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 10-93 and TB 7-93, and must exceed the following minimum criteria:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

2. Be certified by a registered professional engineer or architect.

• d. Manufactured homes shall meet the standards in this section and also the standards in subsection 32-117.38.

e. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4834; Ord. #2002-02, §2)

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a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. #133, §8-4835; Ord. #2002-02, §2)

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a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. #133, §8-4836; Ord. #2002-02, §2)

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a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

b. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director.

c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

e. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. (Ord, #133, §8-4837; Ord. #2002-02, §2)

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a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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32-117.17

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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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

32-117.11 Lands to Which This Chapter Applies.

32-117.12 Basis for Establishing the Areas of Special Flood Hazard.

32-117.13 Compliance.

32-117.14 Abrogation and Greater Restrictions.

32.117.15 Interpretation.

32-117.16 Warning and Disclaimer of Liability.

32-117.17 Severability.

32-117.18 - 32-117.20 Reserved.

Division 3 ADMINISTRATION

32-117.21 Establishment of Development Permit.

32-117.22 Designation of Development Services Director.

32-117.23 Duties and Responsibilities of the Development Services Director. 32-117.24 - 32-117.30 Reserved.

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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Division 2 APPLICATIONS

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This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. (Ord. #133, §8-4811; Ord. #2002-02, §2)

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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32-117.13 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

• b. Liberally construed in favor of the governing body; and

• c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

• d. All appropriate certifications listed in 32-117.23.e of this section; and

• e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

• e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

• f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.

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Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

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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32-117.21

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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

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved. Division 2 APPLICATIONS Division 3 ADMINISTRATION

32-117.21 Establishment of Development Permit.

32-117.22 Designation of Development Services Director.

32-117.23 Duties and Responsibilities of the Development Services Director.

32-117.24 - 32-117.30 Reserved.

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-118 - 32-121 RESERVED.

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for

other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. (Ord. #133, §8-4812; Ord. #2002-02, §2)

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No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. #133, §8-4813; Ord. #2002-02, §2)

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This section is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. #133, §8-4814; Ord. #2002-02, §2)

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32.117.15 Interpretation.

In the interpretation and application of this section, all provisions shall be:

• a. Considered as minimum requirements;

• b. Liberally construed in favor of the governing body; and

• c. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord, #133, §8-4815; Ord. #2002-02, §2)

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The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this section or an administrative decision made under it. (Ord. #133, §84816; Ord. #2002-02, §2)

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This section and the various parts thereof are hereby declared to be severable. Should any subsection of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the subsection so declared to be unconstitutional or invalid. (Ord. #133, §8-4817; Ord. #2002-02, §2)

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32-117.18—32-117.20 Reserved.

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Division 3 ADMINISTRATION

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A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the

building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;

• b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

• d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

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The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

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The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

1. The permit requirements of this section are satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HECRAS computer program.

• d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

• e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

• f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

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32-117.24—32-117.30 Reserved.

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