Article XVI

REGULATIONS INVOLVING SPECIFIC USES

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A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

1. The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.

2. The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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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32-117.35

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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

Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

32-117.31 Applications.

32-117.32 Anchoring.

32-117.33 Construction Materials and Methods.

32-117.34 Elevation and Floodproofng.

32-117.35 Standards for Storage of Materials and Equipment.

32-117.36 Standards for Utilities.

32-117.37 Standards for Subdivisions.

32-117.38 Standards for Manufactured Homes.

32-117.39 Floodways.

32-117.40 Reserved.

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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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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32-117.40 Reserved.
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Division 5

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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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

• a. The danger that materials may be swept onto other lands to the injury of others;

• b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

• h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; 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.

Hosted by: American Legal Publishing

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32-117.36

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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

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

32-117.31 Applications.

32-117.32 Anchoring.

32-117.33 Construction Materials and Methods.

32-117.34 Elevation and Floodproofng.

32-117.35 Standards for Storage of Materials and Equipment.

32-117.36 Standards for Utilities.

32-117.37 Standards for Subdivisions.

32-117.38 Standards for Manufactured Homes.

32-117.39 Floodways. 32-117.40 Reserved.

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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(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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other

sections of the Municipal Code, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

• d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

• f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

• h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; 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.

Hosted by: American Legal Publishing

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32-117.37

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

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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

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

32-117.31 Applications.

32-117.32 Anchoring.

32-117.33 Construction Materials and Methods.

32-117.34 Elevation and Floodproofng.

32-117.35 Standards for Storage of Materials and Equipment.

32-117.36 Standards for Utilities.

32-117.37 Standards for Subdivisions.

32-117.38 Standards for Manufactured Homes.

32-117.39 Floodways.

32-117.40 Reserved.

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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32-117.34 Elevation and Floodproofing.

(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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other

sections of the Municipal Code, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

• d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

• f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

• h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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• a. A flood hazard variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; 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.

Hosted by: American Legal Publishing

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32-117.38

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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

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

32-117.31 Applications.

32-117.32 Anchoring.

32-117.33 Construction Materials and Methods.

32-117.34 Elevation and Floodproofng.

32-117.35 Standards for Storage of Materials and Equipment.

32-117.36 Standards for Utilities.

32-117.37 Standards for Subdivisions.

32-117.38 Standards for Manufactured Homes.

32-117.39 Floodways.

32-117.40 Reserved. Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

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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(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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

• a. The danger that materials may be swept onto other lands to the injury of others;

• b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

• d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

• f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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• a. A flood hazard variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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32-118— 32-121 RESERVED.

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

1. The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.

2. The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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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32-117.39

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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 Division 3 ADMINISTRATION Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

32-117.31 Applications. 32-117.32 Anchoring. 32-117.33 Construction Materials and Methods.

32-117.34 Elevation and Floodproofng. 32-117.35 Standards for Storage of Materials and Equipment.

32-117.36 Standards for Utilities.

32-117.37 Standards for Subdivisions.

32-117.38 Standards for Manufactured Homes. 32-117.39 Floodways. 32-117.40 Reserved. Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals. 32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances. 32-117.45 Showing Necessary for Flood Hazard Variance. 32-117.46 Notice of Flood Hazard Variance. 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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32-117.36 Standards for Utilities.

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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32-117.40 Reserved.
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Division 5

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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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

• a. The danger that materials may be swept onto other lands to the injury of others;

• b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

• h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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• a. A flood hazard variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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32-122.1 Permitted Activities.
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A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

1. The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.

2. The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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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32-117.40

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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

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

32-117.31 Applications.

32-117.32 Anchoring.

32-117.33 Construction Materials and Methods.

32-117.34 Elevation and Floodproofng.

32-117.35 Standards for Storage of Materials and Equipment.

32-117.36 Standards for Utilities.

32-117.37 Standards for Subdivisions.

32-117.38 Standards for Manufactured Homes.

32-117.39 Floodways.

32-117.40 Reserved. Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

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. 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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

• a. The danger that materials may be swept onto other lands to the injury of others;

• b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

• d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

• f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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• a. A flood hazard variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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32-118— 32-121 RESERVED.

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

1. The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.

2. The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

• e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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a. Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following additional requirements:

1. No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;

2. The structure shall meet building code standards for the proposed permitted use;

3. Each gasoline storage tank shall be filled with a suitable material or removed;

4. Bay doors shall be removed and replaced with a permanent wall;

5. Driveway and curb cuts shall be reconstructed to suit the proposed use;

6. Above ground pumps, islands and canopies shall be removed;

7. The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and

8. The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

b. Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

1. The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.

2. The sale of alcoholic beverages is prohibited.

3. In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

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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32-117.41

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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

Division 3 ADMINISTRATION

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

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

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. 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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In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

• a. The danger that materials may be swept onto other lands to the injury of others;

• b. The danger to life and property due to flooding or erosion damage;

• c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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• a. A flood hazard variance shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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