Division 4 — PARKING STANDARDS

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32-45.30 General Requirements for On-site Parking.
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a. Applicability to Existing Land Uses. A land use existing in the Downtown Business District as of November 21,1988, or for which a building permit has been issued, is not subject to the requirements of this chapter until there is a change of use/ business or expansion of the structure, provided that on-site parking facilities now required or serving such land uses are not reduced below these requirements in the future. A project already approved as of November 21, 1988 shall comply with the original conditions of approval until a new project is submitted and approved for the site. Parking required by the original conditions of approval may be removed with approval of the Planning Commission provided the owner demonstrates that removal is consistent with the intent and purpose of this chapter.

b. Parking Computation Methodologies. Where the computation of required off-site parking spaces results in a fractional number, the resulting computation will be rounded to one-tenth (1/10) of a parking space. Where the computation of required on-site parking spaces results in a fractional number, only the fraction of one-half (1/2) or more shall be counted as one (1) parking space. When performing computations, rounding shall not be performed until the final result is reached.

c. Joint Use Parking Agreements. A joint-use parking agreement may be used when the Town determines that all of the required parking cannot be met on-site or in the Town's municipal parking lots. A joint-use parking agreement may be considered when the joint-use parking is to be provided on a nearby or adjacent lot but the distance from the adjacent parking to the proposed facility shall not be greater than one hundred fifty (150) feet. Such parking shall be specifically designated for the uses to which it is assigned. The same parking spaces may not be counted toward the required parking for more than one (1) use at a time.

The applicant shall provide evidence to the satisfaction of the Chief of Planning that the jointuse parking agreement provides for a specified number of parking stalls, is recorded to run with the property and is enforceable for a specified term.

d. Off-Site Parking Credit. "Off-Site Parking Credit" means that a portion of the required parking spaces is provided on-site and/or a portion is provided in the municipal parking lot where the same parking spaces are assigned to more than one (1) use at one (1) time. The Off-site Parking Credit is required in Areas 1, 2, 2A, 3 and 11.

Because Areas 1, 2, 2A, 3 and 11 are developed with high density retail and restaurant uses and the availability of on-site parking is limited, a parking reduction of 20 percent will apply when it is determined that the off-site parking credit will be used. This parking reduction will only be allowed when a minimum of twenty-five percent (25%) of the required parking is purchased in the off-site public lot.

e. In Lieu Fees. Those properties and uses required to provide parking in off-site municipal parking lots pursuant to Section 32-45.31 of this Code shall pay an in lieu parking fee for each space required. The number of parking spaces used to calculate the required in lieu payment shall be based on the applicable standards of this Code. The amount of the in lieu parking fee per space shall be as set forth by resolution of the Town Council, in effect at the time the applicant 1)

completes an application for a building permit or 2) initiates the land use activity that creates the demand for additional municipal parking, whichever comes first. In calculating the in lieu parking fee, if a credit to the property owner for Assessment District 73/74 (i.e., the Clocktower Municipal Parking Lot) is applicable, the credit shall not exceed the amount owed to the Town by way of the new project. Any in lieu parking fees due to Lhe Town shall be paid at issuance of a building permit or exercise of a land use entitlement creating the demand for additional parking, whichever occurs first.

(Ord. 2009-02, § 2)

f. Tandem Parking. Tandem parking is permitted only when the parking is used to meet the needs of employees or valet service is being provided. The property for which tandem parking is permitted must be posted or designated as such and the property owner must record a deed restriction.

g. Compact Parking. Up to thirty percent (30%) of the required parking may be provided in compact stalls. The compact stall dimension shall measure a minimum of eight (8) feet by sixteen (16) feet.

h. Historic Preservation Parking Relief. A reduction in the total number of parking spaces required under this chapter for a property designated a Heritage Resource shall be permitted according to the determination made by the Town, as provided by Town approval of historic preservation incentives for the Heritage Resource pursuant to subsection 32-72.1 of the Municipal Code.

i. Assessment District 73/74. Contra Costa County. Any parcel of land located within the existing Municipal Lot Assessment District (AD 73/74) shall receive credit for participation in that district by one (1) of the following:

1. If the parcel is within the one hundred percent (100%)-area of benefit (i.e., is a property with a shared boundary with the Clocktower equivalent to the parking demand that would be created with 100% floor area ratio coverage, after o observance of the requisite minimum front yard setback for retail.

2. If the parcel is located outside of the one hundred percent (100%) area of benefit (i.e., is not a property with a shared boundary with the Clocktower Municipal Parking Lot), then it shall receive full credit for the actual on-site spaces plus full credit for the actual dollar amount paid into AD 73/74 against payment of any in lieu fees.

j. Loading and Deliveries. Deliveries are encouraged in the Downtown Business District between the hours of 6:00 a.m. and 11:00 a.m. due to the commercial density of the area and the disruptive nature of loading activities at later times. Each Development Plan shall be required to include provisions for off-site loading such as a designated area, parking management plan or provisions for the use of a required parking stall to be used for loading during off-business hours.

Handicapped parking stalls may be used for deliveries during hours in which the business being served is not open to the public.

• k. Unless otherwise approved, parking areas may not be used for merchandise sales, storage, repair work, dismantling or servicing of any kind.

• (Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

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The special parking requirements of this chapter apply in Area 1, Area 2, Area 2A, Area 3, and Area 11 of the Downtown Business District.

• a. Applicability. Existing on-site parking shall be allowed until one of the following occurs, at which time the property owner shall comply with the requirements of subsection b. below.

1. The property in question is completely redeveloped with new structures and new uses/businesses; or

2. A change of use/business is proposed which will intensify the parking demand; or

3. Where an addition to an existing structure is proposed and the added square footage is both less than 50% of the existing square footage of the structure and all building additions since November 21,1988 are cumulatively less than 50% of the original building size, the new square footage added must comply with the new parking standards;

Where the addition to an existing structure is proposed and the added square footage is greater than fifty percent (50%) of the existing square footage of the structure or the added square footage takes the structure cumulatively, since November 21, 1988, beyond 50% of the original building size, the entire square footage of the building, both existing and new, shall meet the parking requirements of this chapter.

• b. Parking District Designations and Requirements.

1. Parking District A. The boundaries of Parking District A are contiguous with the boundaries of Area 1 (Old Town Retail). Proposed development within Parking District A shall conform to the following standards and those standards in subsection 32-45.32 and 32-45.34.

(a) A minimum of fifty percent (50%) of the required parking shall be provided off-site in municipal parking lots.

(b) On-site parking may be provided underground and/or at grade as long as it is adequately screened. At grade parking located along Hartz Avenue shall be placed to the rear of buildings or substantially set back from applicable street frontages to substantially screen and buffer the parking through the use of berming, walls and/or landscaping that screen parked vehicles.

• (c) Curb cuts shall be combined and minimized.

2. Parking District B. The boundaries of Parking District B are contiguous with the boundaries of Area 2 (Old Town Retail Transition), Area 2A (Old Town Retail) and Area 3 (Old Town Mixed Use). Proposed development within Parking District B shall conform to the following standards and those standards in subsections 32-45.32 and 32-45.34.

(a) Up to twenty-five percent (25%) of the required parking shall be provided off-site in municipal parking lots.

• (b) Surface on-site parking is allowed.

3. Parking District C. The boundaries of Parking District C are contiguous with the boundaries of Area 11 (Special Opportunity District) as designated on Figure 6 of the 2030 General Plan. Proposed development within Parking District C shall conform to the following standards and those standards in subsections 32-45.32 and 32-45.34.

• (a) A minimum of fifty percent (50%) of the required parking shall be provided on-site.

• (b) Surface on-site parking is allowed.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

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a. Dimensions of the required on-site parking spaces and driveways shall have the following dimensions:

b. All on-site parking facilities shall be designated with appropriate maneuvering areas and means of vehicular access to the main and auxiliary streets. If the parking area does not abut a street, there shall be an access driveway not less than twelve (12) feet in width for one-way traffic and not less than twenty (20) feet for two-way traffic leading to the parking area in such a manner as to secure the most appropriate development of the property in question.

c. Pavement markings shall indicate the direction of traffic flow, stall width and length and any other directional signage and marking required.

d. Exterior wall-mounted lighting and lighting from parking lot light standards shall be at the minimum light intensity necessary to provide adequate lighting for safety and security purposes. Project light fixtures shall be of a design that generally screens the view of the light source and provides down-directed lighting.

e. Access to public parking areas and curb cuts shall be so located as to insure an efficient and safe traffic flow into the parking area and the public street.

f. Parking stall depth may be decreased two (2) feet in length when a bumper overhang is used. Where a parking stall overhang is utilized, appropriate to the depth and/or configuration of the affected landscape area shall be made to provide for a functional landscape area.

g. A minimum of six (6) foot high solid fence or masonry wall of a design acceptable to the Chief of Planning shall be provided along the edge of any public parking area adjacent to residentially zoned property.

h. A barrier curb or wheel stop at least four (4) inches in height shall be provided adjacent to landscaping, near buildings or other non-parking areas.

i. Required on-site parking areas shall be surfaced with an asphaltic or Portland cement pavement or similar material so as to provide a durable and dustless surface. Areas shall be graded and drained to prevent the ponding of water.

j. If a driveway provides access to a parking area with a garage or carport having access from either or both sides, the driveway shall be a minimum of twenty-four (24) feet in width. The garage

and carport spaces shall be at an angle of sixty (60) degrees or greater and shall be set back a minimum of four (4) feet on one (1) side only, thus providing a twenty-eight (28) foot separation between structures or obstructions to facilitate vehicular turning movements.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 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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32-105

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

32-106.1 Intent and Purpose.

32-106.2 Defnitions.

32-106.3 Location.

32-106.4 Variance.

32-107 - 32-108 RESERVED.

ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-104.1 Purpose and Use of Fees.

The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve

existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

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

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

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

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

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

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

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

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

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

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32-106.1 Intent and Purpose.
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Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

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

Adult Entertainment Businesses shall be defined as follows:

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

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

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

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

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

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

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

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

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

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

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

Specified Sexual Activities shall mean and be defined as follows:

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

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

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

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

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

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

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

Specified Anatomical Areas shall be defined as follows:

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

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

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

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

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

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

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

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

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ARTICLE XIII AGRICULTURAL LAND CONSERVATION

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32-109.1 Establishment.

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

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

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

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

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

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

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

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

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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32-104.1

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

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• No Earlier Versions -

Danville Overview

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

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES Division 1 NONRESIDENTIAL CONSTRUCTION*

32-102 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON-RESIDENTIAL CONSTRUCTION.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process.

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

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968," the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.)

b. New residential development within the entire Town will create an additional burden on the existing circulation systems.

c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications are needed to mitigate existing and potential future circulation impacts.

d. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee to compensate for the additional burden it places on existing circulation systems.

e. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council.

f. This section is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Sections 65000 et seq.

Ord. #95, §8-4301; Ord. #94-03, §1)

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A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, subsection 32-12c. of the Danville Municipal Code. (Ord. #95, §8-4302; Ord. #94-03, §1)

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The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #95, §8-4303; Ord. #94-03, §1)

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The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

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A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)

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The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

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

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

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

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

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

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

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

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

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

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

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

Adult Entertainment Businesses shall be defined as follows:

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

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

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

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

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

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

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

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

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

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

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

Specified Sexual Activities shall mean and be defined as follows:

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

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

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

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

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

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

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

Specified Anatomical Areas shall be defined as follows:

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

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

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

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

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

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

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

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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32-104.2

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

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Danville Overview

Danville, CA Municipal Code

DANVILLE, CALIFORNIA MUNICIPAL CODE

VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED*

CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES Division 1 NONRESIDENTIAL CONSTRUCTION*

32-102 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON-RESIDENTIAL CONSTRUCTION.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE. 32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area.

32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process. ARTICLE XI RESERVED 32.105 RESERVED.

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968," the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.)

b. New residential development within the entire Town will create an additional burden on the existing circulation systems.

c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications are needed to mitigate existing and potential future circulation impacts.

d. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee to compensate for the additional burden it places on existing circulation systems.

e. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council.

f. This section is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Sections 65000 et seq.

Ord. #95, §8-4301; Ord. #94-03, §1)

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A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, subsection 32-12c. of the Danville Municipal Code. (Ord. #95, §8-4302; Ord. #94-03, §1)

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The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #95, §8-4303; Ord. #94-03, §1)

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The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

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A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)

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The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

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

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

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

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

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

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

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

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ARTICLE XI RESERVED

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ARTICLE XII[*] ADULT ENTERTAINMENT BUSINESSES

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

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

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

Adult Entertainment Businesses shall be defined as follows:

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

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

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

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

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

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

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

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

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

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

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

Specified Sexual Activities shall mean and be defined as follows:

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

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

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

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

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

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

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

Specified Anatomical Areas shall be defined as follows:

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

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

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

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

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

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

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

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

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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32-104.3

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

Compare to:

• No Earlier Versions -

Danville Overview

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

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES Division 1 NONRESIDENTIAL CONSTRUCTION*

32-102 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON-RESIDENTIAL CONSTRUCTION.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area. 32-104.3 Fees Adopted.

32-104.4 Payment of Fees. 32-104.5 Annual Fee Adjustment Process. ARTICLE XI RESERVED 32.105 RESERVED. ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose. 32-106.2 Defnitions. 32-106.3 Location. 32-106.4 Variance. 32-107 - 32-108 RESERVED. ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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

a. Improvements to the circulation system are needed to promote the health, safety and general welfare of the citizens of Danville. (The need for improvements is documented in the "County Public Works Department Road Deficiency Study, 1968," the "Transportation and Parking Analysis, October 1984" prepared by JHK and Associates, the "Crow Canyon Corridor Transportation Study" prepared by TJKM in 1986, the "Traffic Signal Prioritization" study prepared by Patterson Associates in 1992, the Danville Capital Improvement Program, and the Danville General Plan.)

b. New residential development within the entire Town will create an additional burden on the existing circulation systems.

c. The General Plan includes goals and objectives relating to minimizing congestion and maximizing safety in the circulation system. Modifications are needed to mitigate existing and potential future circulation impacts.

d. In order to implement the General Plan, and promote the health, safety and general welfare it is necessary (among other implementation methods) that new development pay a fee to compensate for the additional burden it places on existing circulation systems.

e. Fees collected will be used throughout the Town based upon a priority ranking determined by the Town Council.

f. This section is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Sections 65000 et seq.

Ord. #95, §8-4301; Ord. #94-03, §1)

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A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, subsection 32-12c. of the Danville Municipal Code. (Ord. #95, §8-4302; Ord. #94-03, §1)

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The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #95, §8-4303; Ord. #94-03, §1)

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The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

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A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)

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32-104.1 Purpose and Use of Fees.

The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

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

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

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

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

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

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

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

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

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ARTICLE XI RESERVED

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ARTICLE XII[*]

ADULT ENTERTAINMENT BUSINESSES

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

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

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

Adult Entertainment Businesses shall be defined as follows:

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

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

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

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

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

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

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

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

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

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

Specified Sexual Activities shall mean and be defined as follows:

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

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

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

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

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

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

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

Specified Anatomical Areas shall be defined as follows:

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

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

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

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

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

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

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

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

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32-107— 32-108 RESERVED.

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ARTICLE XIII AGRICULTURAL LAND CONSERVATION

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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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32-104.4

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

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Danville Overview

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

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES Division 1 NONRESIDENTIAL CONSTRUCTION*

32-102 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON-RESIDENTIAL CONSTRUCTION.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area. 32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process. ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose.

32-106.2 Defnitions.

32-106.3 Location. 32-106.4 Variance. 32-107 - 32-108 RESERVED. ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-103.2 Fee Requirement.

A person who applies for a permit for the erection or construction of a new residential unit shall pay to the Town a residential transportation improvement program fee for circulation improvements in an amount specified in Chapter XXX, subsection 32-12c. of the Danville Municipal Code. (Ord. #95, §8-4302; Ord. #94-03, §1)

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The transportation improvement program fee shall be paid to the Town of Danville before issuance of a building permit. (Ord. #95, §8-4303; Ord. #94-03, §1)

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The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

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A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)

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The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

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

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

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

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

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

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

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

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

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ARTICLE XI RESERVED

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ARTICLE XII[*]

ADULT ENTERTAINMENT BUSINESSES

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

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

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

Adult Entertainment Businesses shall be defined as follows:

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

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

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

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

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

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

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

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

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

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

Specified Sexual Activities shall mean and be defined as follows:

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

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

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

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

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

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

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

Specified Anatomical Areas shall be defined as follows:

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

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

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

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

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

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

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

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

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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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32-104.5

Select Language Powered by Translate

Skip to code content (skip section selection)

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

Compare to:

• No Earlier Versions -

Danville Overview

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

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES Division 1 NONRESIDENTIAL CONSTRUCTION*

32-102 TRANSPORTATION IMPROVEMENT PROGRAM FEE FOR NON-RESIDENTIAL CONSTRUCTION.

32-103 RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE.

32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

32-104.1 Purpose and Use of Fees.

32-104.2 Fee Area. 32-104.3 Fees Adopted.

32-104.4 Payment of Fees.

32-104.5 Annual Fee Adjustment Process. ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES 32-106 GENERAL REGULATION OF ADULT BUSINESSES.

32-106.1 Intent and Purpose.

32-106.2 Defnitions.

32-106.3 Location.

32-106.4 Variance. 32-107 - 32-108 RESERVED. ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-103.4 Credit.
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The Town Council may approve, or designate the Town Manager to approve, full or partial credit against the residential transportation improvement program fee for a person who:

a. Has made substantial off-site, traffic or parking-related improvements in connection with a development project approved within the three (3) years before the effective date of this section; or

b. Makes substantial off-site traffic or parking-related improvements in connection with the current development project. To qualify for credit under this paragraph, the dedication or improvement must exceed that required for similar development projects.

(Ord. #95, §8-4304; Ord. #94-03, §1)

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A decision by the Town Manager regarding a residential transportation improvement program fee imposed under this section may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the Town by reference. (Ord. #95, §8-4305; Ord, #94-03, §1)

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32-104.1 Purpose and Use of Fees.

The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

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The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

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The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

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

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

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

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

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

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

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

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ARTICLE XI RESERVED

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ARTICLE XII[*]

ADULT ENTERTAINMENT BUSINESSES

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

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

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

Adult Entertainment Businesses shall be defined as follows:

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

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

3. Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or

characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

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

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

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

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

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

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

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

Specified Sexual Activities shall mean and be defined as follows:

1. Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus,

buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

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

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

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

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

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

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

Specified Anatomical Areas shall be defined as follows:

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

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

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

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

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

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

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

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

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ARTICLE XIII

AGRICULTURAL LAND CONSERVATION

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

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

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

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

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

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

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

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

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

Hosted by: American Legal Publishing

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32-94

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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 32-92 CEMETERIES.* 32-93 DRY CLEANING PLANTS. 32-94 REGULATION OF MARIJUANA ACTIVITIES

32-94.1 Defnitions.

32-94.2. Marijuana Dispensary as a Prohibited Use. 32-94.3. Outdoor Cultivation of Marijuana as a Prohibited Use. 32-94.4. Indoor cultivation of Marijuana for Personal Use-Standards.

32-94.5. Delivery of Marijuana.

32-94.6. Processing of Marijuana as a Prohibited Use.

32.94.7. Public Nuisances.

32-94.8. Civil Remedies.

32-95 REGULATION OF TOBACCO RETAILERS, HOOKAH AND VAPOR LOUNGES.

32-96-32-97 RESERVED.

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 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. Information Requirements.

1. Any person desiring to obtain issuance of a permit required by this section shall file a written application with the Planning Commission, which shall administer this section.

2. The president and the secretary of the corporation which will operate the proposed cemetery and the owner or owners of the land to be included in the cemetery shall sign and verify the written application for a permit. The application, in addition to any other matter required by the Planning Commission, shall set forth in separate paragraphs or in attached exhibits the following information:

• (a) The names and addresses of all persons owning any part of the property proposed to be used as a cemetery;

• (b) The names and addresses of the officers and directors of the corporation which will operate the cemetery;

(c) A map showing the exact location, exterior boundaries, and legal description of the property proposed to be used as a cemetery; the location and names of all public roads located within one-half (1/2) mile from the property; the elevation in feet above sea level of the highest and lowest points on the property;

(d) A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in a manner to prevent it from being or becoming a public nuisance.

(e) A statement setting forth whether the cemetery is to be established as an endowmentcare or nonendowment-care cemetery and, if an endowment-care fund is to be or has been created, the amount then on hand and the method, scheme, or plan of continuing and adding to the fund in details sufficient to show that the cemetery will be maintained so as not to become a public nuisance.

3. If the application is only submitted for authorization of permitted uses under paragraph b. of subsection 32-92.3, information required by subparagraphs 4 and 5 need not be submitted.

4. In addition to the notice required by applicable County ordinances governing the procedure for the granting of permits required by this chapter, at least ten (10) days' notice by mail of any hearing on the application shall be given to the Secretary of the State Cemetery Board of California.

b. Action by Board of Adjustment or Town Council.

1. In granting any permit, the Board of Adjustment, or, on appeal, the Town Council shall review the location, design, and layout of the proposed cemetery and may condition the permit on requirements as to design, location, layout screening, and design of entrances and exits as the Board of Adjustment or the Town Council finds reasonably necessary to protect the health, safety, and welfare of the people of the County and to protect property values and the orderly and economic development of land in the neighborhood.

2. A permit shall be denied if the Board of Adjustment or, on appeal. the Town Council finds that:

(a) The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health safety, comfort, or welfare; or

• (b) The establishment, maintenance, or extension will or may reasonably be expected to be a public nuisance; or

(c) The establishment, maintenance, or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and the property of the public; or

(d) The applicant, through the proposed endowment fund or otherwise, cannot demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance; or

(e) The proposed cemetery is not consistent with the General Plan of the Town or the orderly development and growth of the Town.

3. Before taking final action, the Board of Adjustment or, on appeal, the Town Council may require of the applicant or applicants any reasonable dedication of public streets or highways through the premises proposed to be used for the cemetery or extension of an existing cemetery, so as to prevent the cemetery from jeopardizing the public safety, comfort, or welfare. If the time required by the Board of Adjustment or Town Council for compliance with these conditions elapses before these conditions are met, the Board of Adjustment or Town Council may deny the permit.

• c. Renewal of Application. If the Board of Adjustment or the Town Council denies its approval of any application heretofore or hereafter made for any permit required by this section, no new or further application for a permit shall be made on the same property or any part of it, as described in the previous application, until one (1) year after the date of the denial or approval.

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a. Incidental Uses. T he following uses of the premises are authorized as incidental uses in connection with the operation and maintenance of a cemetery:

1. An office building for administration of cemetery affairs;

2. Maintenance sheds or buildings for storage of equipment and supplies used in connection with the maintenance and operation of the cemetery grounds;

3. Greenhouse for the propagation of plants used in connection with maintenance of the cemetery grounds;

4. Caretaker's residence.

b. Uses Permittable. In addition to the uses included within the definition of "cemetery" contained in Article III, land use permits may be granted, at the time of initial application or by subsequent application, pursuant to the provisions of Section 30-4 for the following uses:

1. Crematory of calcinatory;

2. Mortuary;

3. Sale of markers;

4. Sale of caskets;

5. Sale of flowers or decorations;

6. Manufacture and sale of liners and/or vaults.

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This section intends to identify the appropriate location of dry cleaning plants as the L-I; light industrial zone district and prohibit the establishment of any new dry cleaning plants in any other zone district within the Town of Danville. (Ord. #98-05, §2)

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"Dry cleaning plants" are hereby defined as the physical part of a dry cleaning business which involves the use of chemicals to process and clean clothing, draperies and other textile products. (Ord. #98-05, §2)

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Dry cleaning plants, as defined in subsection 32-93.2, shall be permitted in the L-I; light industrial zone district, subject to the approval of a land use permit. Dry cleaning plants shall not be permitted in any other zone district of the Town. (Ord. #98-05, §2)

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Any dry cleaning plants which are established and operating on the date of the adoption of this section are permitted to remain and are hereby deemed an existing "legal nonconforming use" subject to the provisions of subsection 32-4.3 of the Municipal Code. (Ord. #98-05, §2)

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For purposes of this section, the following definitions shall apply:

Accessory structure shall mean a structure on the same parcel of land as a private residence and which is fully enclosed by solid walls and roof and is secured by locking door(s).

Marijuana shall have the same meaning as set forth in California Health and Safety Code Section 11018.

Marijuana cultivation shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business and/or operational activities.

Marijuana delivery shall mean the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana, or any marijuana products to or from any location within the jurisdictional limits of the Town of Danville, and any and all associated business and/or operational activities.

Marijuana dispensary shall mean any facility or location, whether fixed or mobile where marijuana, or any marijuana products are provided, sold, made available or otherwise distributed to any person.

Marijuana processing shall mean any method used to prepare marijuana, or any marijuana products for commercial retail and/or wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to create marijuana related products and concentrates.

Marijuana products shall have the same meaning as set forth in California Health and Safety Code Section 11018.1.

Outdoor shall mean any location within the Town of Danville that is not within a fully enclosed and secured private residence or accessory structure.

Private residence shall mean a house, apartment unit, mobile home or other similar dwelling unit permitted by this Code.

(Ord. 2011-02, § 2; Ord. 2016-01, § 2; Ord. 2017-01, § 2)

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Marijuana dispensaries as defined in Section 32-94.1 are prohibited in all zones in the Town of Danville. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment or operation of a medical marijuana dispensary.

(Ord. 2011-02, § 2; Ord. 2016-01, § 2; Ord. 2017-01, § 2)

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Outdoor marijuana cultivation, as defined in Section 32-94.1, by any person or entity, is prohibited in all zones within the Town's jurisdictional limits. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of such use or activity.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

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A person may cultivate and possess no more than six (6) marijuana plants inside a private residence and/or inside an accessory structure on the same parcel as the private residence, so long as the following standards are met:

a. The primary use of the property shall be as a residence. Marijuana cultivation is prohibited as a home occupation.

b. All areas used for cultivation of marijuana shall comply with Chapter 32 of this Code.

c Indoor grow lights shall not exceed 1,000 watts per light and shall comply with the California Building, Electrical and Fire Codes as adopted by the Town in Chapter 10 of this Code.

d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited.

e. All fully enclosed and secure structures sued for the cultivation of marijuana shall have a ventilation and filtration system installed that shall prevent marijuana plant odors from existing the interior of the structure.

f. Any accessory structure used for the cultivation of marijuana shall be located in the rear yard of the property and shall comply with otherwise applicable setbacks for accessory structures. The yard in which the accessory structure is located shall be enclosed by a solid fence. This provision shall not apply to cultivation occurring in a garage.

g. Adequate mechanical locking or electronic security systems shall be installed on the primary residence or accessory structure where the cultivation is occurring.

h. Marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or an accessory structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the property.

i. The private residence shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.

j. Cultivation of marijuana shall only take place on impervious surfaces.

• k. The marijuana cultivation shall not be visible by normal, unaided vision from any public place.

l. Any area within the primary residence or accessory structure in which marijuana cultivation is occurring shall not be accessible to persons under 21 years of age.

• m. Written consent of the property owner to cultivate marijuana shall be obtained and kept on the premises.

n. A portable fire extinguisher that complies with all applicable regulations and standards shall be kept in the area being used for marijuana cultivation.

(Ord. 2017-01, § 2)

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As required by Business and Professions Code Section 26322, the retail sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed medicinal cannabis business shall be permitted, provided such sales and deliveries are consistent with applicable regulations adopted by the California Bureau of Cannabis Control. All other deliveries of marijuana are prohibited and no conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of such use or activity.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2; Ord. 2023-09, § 1)

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Marijuana processing, as defined in Section 32-94.1, by any person or entity, including, but not limited to, clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the Town's jurisdictional limits. No conditional or land use permit, variance, license or other entitlement shall be issued for the establishment of such use or activity.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

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32.94.7. Public Nuisances.

Any use or condition caused, or permitted to exist, in violation of any provision of this Section shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the Town pursuant to Code of Civil Procedure Section 731 or any other remedy available to the Town.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

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32-94.8. Civil Remedies.

In addition to any other enforcement permitted by this Section, the City Attorney may bring a civil action for injunctive relief and civil penalties pursuant to Section 1-5.3 of this code against any person or entity that violates this Section.

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

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32-95.1. Definitions.

For purposes of this section, the following definitions shall apply:

a. Electronic smoking device shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances. An "electronic smoking device" includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.

b. Hookah Lounge shall mean any facility, building, structure, or location where customers smoke tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah or waterpipe).

c. Significant tobacco retailing business shall mean any tobacco retailing business which meets either of the following criteria:

1. Twenty percent or more of floor or display area is devoted to tobacco products, smoking paraphernalia, or both; or

2. Fifty percent or more of gross retail sales receipts are derived from tobacco products, smoking paraphernalia, or both.

d. Smoking paraphernalia shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the consumption or preparation of tobacco or cannabis products; electronic smoking devices and items specifically designed for the preparation, charging, or use of electronic smoking devices including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other electronic smoking device paraphernalia.

• e. Tobacco product shall mean any of the following:

1. Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

2. Any Electronic smoking device.

3. Any component, part, or accessory of a tobacco product, whether or not it is sold separately.

4. Tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

f. Tobacco retailer shall mean any person or entity that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof, including retail or wholesale sales. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offered for sale, exchanged, or offered for exchange.

person or entity that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof, including retail or wholesale sales. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offered for sale, exchanged, or offered for exchange.

g. Vapor Lounge shall mean any facility, building, structure, or location where customers use one or more electronic smoking devices to deliver an inhaled dose of nicotine or other substance within the establishment. (Ord. #2018-09, § 2)

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In all land use districts where tobacco retailing would be an otherwise permitted use, it is unlawful to establish or open a tobacco retailing business if the physical location of the business is:

a. Within 1,000 feet of any parcel occupied by a public or private school, a park, playground or library.

• b. Within 500 feet of any parcel occupied by any other tobacco retailing business. (Ord. #201809, § 2)

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32-95.3. Prohibition of Specified Tobacco Related Uses.

The following land uses related to tobacco retailing and use are prohibited in all land use districts within the Town of Danville:

• a. Hookah lounges.

• b. Vapor lounges.

• c. Significant tobacco retailing businesses. (Ord. #2018-09, § 2)

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