Article IX

SIGNS AND OUTDOOR ADVERTISING[*]

• Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 116.

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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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32-94.1

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

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES 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. 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)

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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32-94.2

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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 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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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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32-95.2. Restrictions on the Location of Tobacco Retailing.

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)

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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32-94.3

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

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES 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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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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32-94.3. Outdoor Cultivation of Marijuana as a Prohibited Use.

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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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)

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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32-79.3

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

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Danville Overview

Danville, CA Municipal Code

DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES.

32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION. 32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions.

32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees.

32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health.

32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES

ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL

TRANSPORTATION FEES

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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The Town of Danville contains many species of native and non-native trees that are of great beauty and significance. It is recognized that the preservation of these trees enhances the natural beauty, sustains the long term potential increase in property values which encourages quality development, maintains the natural ecology, retains the tempering effect of extreme temperatures, helps to create and retain the identity and quality of the Town which is necessary for successful business to continue, improves the attractiveness of the Town to residents and visitors, prevents the erosion of top soil, provides protection against flood hazards and risk of landslide, and increases the oxygen output of the area which isneeded to combat air pollution. It is also recognized that construction activities around trees can harm or destroy trees. These concerns are balanced by the acknowledgment that the risk of wildfire can be an overriding consideration. For these reasons, the Town Council finds that in order to promote the public health, safety, and general welfare of the Town of Danville, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudicial to the public interest, it is necessary to enact regulations controlling the removal of and preservation of trees within the Town. One of the purposes of this section is to establish incentives and guidelines for the protection and replacement of significant trees to the maximum extent possible.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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As used in this section:

a. Certified arborist shall be as defined by the International Society of Arboriculture; a "consulting arborist" who satisfies the requirements of the American Society of Consulting Arborists who, after review by the Chief of Planning, is determined to meet the standards established for certified or consulting arborists described above.

b. Dripline means the area of ground directly underneath any portion of the canopy of a tree.

c. Heritage tree means any single trunked tree in Town, regardless of species, which has a trunk diameter of thirty-six (36) inches or greater measured four and one-half (4½) feet above the ground.

d. Minor development means any residential development requiring a building and/or grading permit for a new residence, addition to a residence, accessory structure, including sheds, pools and retaining walls, or an accessory dwelling unit.

e. Major development means any subdivision of property, a residential development resulting in two (2) or more new dwellings, any new commercial development, or any commercial addition over one thousand (1,000) square feet.

f. Memorial tree means a tree planted on public property in memory of or commemoration of an individual or individuals.

g. Protected tree means a tree which is protected by subsection 32-79.4 of this section. A protected tree cannot be disfigured, damaged, or removed within the Town of Danville without obtaining a tree removal permit from the Town.

h. Routine maintenance means actions taken to maintain the health of a tree, including, but not limited to, removal of deadwood, diseased or crossing limbs, control of deleterious insects, and pruning pursuant to pruning standards specified by the Western Chapter of the International Society of Arboriculture Pruning Standards.

i. Tree means a live woody plant having a single perennial stem or a multi-stemmed perennial plant which is over fifteen (15) feet in height at maturity. This definition does not include trees planted, grown and held for sale by licensed nurseries or planted and grown as part of an active commercial orchard.

j. Tree removal means the removal, destruction, or unnecessary disfigurement of a tree.

k. Tree removal permit means the right to remove or destroy the tree(s) upon approval of an application for tree removal, subject to the conditions specified under the approval.

l. Tree report means a professional assessment or document that evaluates the condition, health, and characteristics of tree(s) on a property prepared by a certified arborist or member of the International Society of Consulting Arborists.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A property owner shall be responsible for providing routine maintenance of trees within the public right-of-way fronting their private property. The property owner shall also be responsible for maintaining any trees on the property frontage or on the private property to prevent encroaching into or negatively affecting any public property, including, but not limited to, dead, decayed, diseased, or hazardous trees that pose a fire or other hazard to the public right-of-way and/or to public property, as determined by the Chief of Planning.

Nothing in this section shall relieve the owner or occupant of private property from the duty to keep any tree or other vegetation on their property, or within the public right-of-way or easement adjacent to their property, in a safe condition.

(Ord. 2025, § 2)

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a. Any of the following native trees having a trunk or main stem which measures ten (10) inches or greater in diameter measured four and one-half (4½) feet above natural grade or, for a multiple trunked tree, a combination of trunks totaling twenty (20) inches or greater in diameter measured four and one-half (4½) feet above natural grade, on any type of lot or property:

1. Coast Live Oak (Quercus Agrfolia)

2. Valley Oak (Quercus Lobata)

3. Canyon Live Oak (Quercus Chrysol)

4. Blue Oak (Quercus Doulgassi)

5. California Black Oak (Quercus Kelloggi)

6. Interior Live Oak (Quercus Wislizenii)

7. White Alder (Alnus Rhombifolia)

8. California Bay (Umbellularia California)

9. California Buckeye (Aesculus Californica)

10. California Sycamore (Platanus Racemosa)

11. Madrone (Arbutus Menziesii)

12. London Plane Tree (Platanus Acerifolia)

• b. Any heritage tree.

• c. Any memorial tree established through the Town memorial tree program.

d. A tree shown to be preserved on an approved development plan or specifically required by the Planning Commission to be retained as a condition of approval of an entitlement. A tree specifically required to be preserved by the Planning Commission shall require a subsequent Planning Commission approval for removal.

e. A tree required to be planted as mitigation for the removal of a protected tree, as established under subsection 32-79.8.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.5 Permit Required; Exceptions.

a. Permit required. Except as provided in paragraph c of this subsection, no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Division prior to removal.

b. Permit with waived fee. A tree removal permit is required pursuant to subsection 32-79.6, but the application fee shall be waived under each of the following circumstances:

1. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to

comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

2. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity.

3. Any dead or dying tree in very poor condition may be removed if the applicant has submitted sufficient evidence to the Planning Division, attesting that the tree is dead or dying. Tree death caused by the property owner, applicant, or other party do not qualify for this exception.

• c. Exceptions. An exception to the requirements of this subsection may be granted under the following circumstances:

1. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit. However, subsequent to the removal, the property owner shall obtain a tree removal permit from the Town. The property owner may be required to provide evidence to the Town regarding the condition of the tree which necessitated its immediate removal.

2. A tree whose removal was specifically approved as part of a previously approved development entitlement.

3. The routine maintenance of a protected tree shall not require a permit. Routine maintenance which, in the opinion of the Chief of Planning, deviates from the definition of routine maintenance contained within this section shall be subject to fines and penalties as provided in subsection 32-79.13 of this section.

4. A street tree removed by the Town which is damaging public improvements or must be removed to accommodate public improvements.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. An application for a tree removal permit shall be submitted to the Planning Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b. The application shall be accompanied by the following information:

1. The applicant or property owner’s name, address, and telephone number;

2. The name of the company, or individual to remove the tree(s), their address, phone number and business license number;

3. Specific reasons for requesting removal of tree(s); and

4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and structure(s) within the property site with measurements.

b. When an application for tree removal is submitted in conjunction with a major or minor development project, a detailed site plan shall be submitted for review. This plan must show the location, species and size (trunk diameter at four and one-half (4½) feet above natural grade) of all existing trees, along with accurate survey and contours. The plan should also include the extent of tree driplines for all trees that are to be removed and those to be preserved on the development site, in relation to the location of all existing and proposed structures and improvements on the property.

c. A tree report shall be submitted as part of the tree removal permit if determined necessary by the Chief of Planning. The adequacy of the tree report shall be subject to determination by the Chief of Planning.

d. The Planning Division shall review the information submitted and may request additional documentation as determined necessary by the Chief of Planning.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.7 Decision Regarding Permit.

a. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the

planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 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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32-79.4

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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 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES.

32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION. 32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions.

32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees.

32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health.

32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES

ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL

TRANSPORTATION FEES

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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As used in this section:

a. Certified arborist shall be as defined by the International Society of Arboriculture; a "consulting arborist" who satisfies the requirements of the American Society of Consulting Arborists who, after review by the Chief of Planning, is determined to meet the standards established for certified or consulting arborists described above.

b. Dripline means the area of ground directly underneath any portion of the canopy of a tree.

c. Heritage tree means any single trunked tree in Town, regardless of species, which has a trunk diameter of thirty-six (36) inches or greater measured four and one-half (4½) feet above the ground.

d. Minor development means any residential development requiring a building and/or grading permit for a new residence, addition to a residence, accessory structure, including sheds, pools and retaining walls, or an accessory dwelling unit.

e. Major development means any subdivision of property, a residential development resulting in two (2) or more new dwellings, any new commercial development, or any commercial addition over one thousand (1,000) square feet.

f. Memorial tree means a tree planted on public property in memory of or commemoration of an individual or individuals.

g. Protected tree means a tree which is protected by subsection 32-79.4 of this section. A protected tree cannot be disfigured, damaged, or removed within the Town of Danville without obtaining a tree removal permit from the Town.

h. Routine maintenance means actions taken to maintain the health of a tree, including, but not limited to, removal of deadwood, diseased or crossing limbs, control of deleterious insects, and pruning pursuant to pruning standards specified by the Western Chapter of the International Society of Arboriculture Pruning Standards.

i. Tree means a live woody plant having a single perennial stem or a multi-stemmed perennial plant which is over fifteen (15) feet in height at maturity. This definition does not include trees planted, grown and held for sale by licensed nurseries or planted and grown as part of an active commercial orchard.

j. Tree removal means the removal, destruction, or unnecessary disfigurement of a tree.

k. Tree removal permit means the right to remove or destroy the tree(s) upon approval of an application for tree removal, subject to the conditions specified under the approval.

l. Tree report means a professional assessment or document that evaluates the condition, health, and characteristics of tree(s) on a property prepared by a certified arborist or member of the International Society of Consulting Arborists.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A property owner shall be responsible for providing routine maintenance of trees within the public right-of-way fronting their private property. The property owner shall also be responsible for maintaining any trees on the property frontage or on the private property to prevent encroaching into or negatively affecting any public property, including, but not limited to, dead, decayed, diseased, or hazardous trees that pose a fire or other hazard to the public right-of-way and/or to public property, as determined by the Chief of Planning.

Nothing in this section shall relieve the owner or occupant of private property from the duty to keep any tree or other vegetation on their property, or within the public right-of-way or easement adjacent to their property, in a safe condition.

(Ord. 2025, § 2)

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a. Any of the following native trees having a trunk or main stem which measures ten (10) inches or greater in diameter measured four and one-half (4½) feet above natural grade or, for a multiple

trunked tree, a combination of trunks totaling twenty (20) inches or greater in diameter measured four and one-half (4½) feet above natural grade, on any type of lot or property:

1. Coast Live Oak (Quercus Agrfolia)

2. Valley Oak (Quercus Lobata)

3. Canyon Live Oak (Quercus Chrysol)

4. Blue Oak (Quercus Doulgassi)

5. California Black Oak (Quercus Kelloggi)

6. Interior Live Oak (Quercus Wislizenii)

7. White Alder (Alnus Rhombifolia)

8. California Bay (Umbellularia California)

9. California Buckeye (Aesculus Californica)

10. California Sycamore (Platanus Racemosa)

11. Madrone (Arbutus Menziesii)

12. London Plane Tree (Platanus Acerifolia)

• b. Any heritage tree.

• c. Any memorial tree established through the Town memorial tree program.

d. A tree shown to be preserved on an approved development plan or specifically required by the Planning Commission to be retained as a condition of approval of an entitlement. A tree specifically required to be preserved by the Planning Commission shall require a subsequent Planning Commission approval for removal.

e. A tree required to be planted as mitigation for the removal of a protected tree, as established under subsection 32-79.8.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.5 Permit Required; Exceptions.

a. Permit required. Except as provided in paragraph c of this subsection, no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Division prior to removal.

• b. Permit with waived fee. A tree removal permit is required pursuant to subsection 32-79.6, but the application fee shall be waived under each of the following circumstances:

1. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

2. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity.

3. Any dead or dying tree in very poor condition may be removed if the applicant has submitted sufficient evidence to the Planning Division, attesting that the tree is dead or dying. Tree death caused by the property owner, applicant, or other party do not qualify for this exception.

• c. Exceptions. An exception to the requirements of this subsection may be granted under the following circumstances:

1. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit. However, subsequent to the removal, the property owner shall obtain a tree removal permit from the Town. The property owner may be required to provide evidence to the Town regarding the condition of the tree which necessitated its immediate removal.

2. A tree whose removal was specifically approved as part of a previously approved development entitlement.

3. The routine maintenance of a protected tree shall not require a permit. Routine maintenance which, in the opinion of the Chief of Planning, deviates from the definition of routine maintenance contained within this section shall be subject to fines and penalties as provided in subsection 32-79.13 of this section.

4. A street tree removed by the Town which is damaging public improvements or must be removed to accommodate public improvements.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.6 Permit Application.

a. An application for a tree removal permit shall be submitted to the Planning Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b. The application shall be accompanied by the following information:

1. The applicant or property owner’s name, address, and telephone number;

2. The name of the company, or individual to remove the tree(s), their address, phone number and business license number;

3. Specific reasons for requesting removal of tree(s); and

4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and structure(s) within the property site with measurements.

b. When an application for tree removal is submitted in conjunction with a major or minor development project, a detailed site plan shall be submitted for review. This plan must show the location, species and size (trunk diameter at four and one-half (4½) feet above natural grade) of all existing trees, along with accurate survey and contours. The plan should also include the extent of tree driplines for all trees that are to be removed and those to be preserved on the development site, in relation to the location of all existing and proposed structures and improvements on the property.

c. A tree report shall be submitted as part of the tree removal permit if determined necessary by the Chief of Planning. The adequacy of the tree report shall be subject to determination by the Chief of Planning.

d. The Planning Division shall review the information submitted and may request additional documentation as determined necessary by the Chief of Planning.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.7 Decision Regarding Permit.

a. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree

removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action

established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.8 Tree Replacement and Mitigation.

a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 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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32-79.5

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

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES. 32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION.

32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions. 32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees. 32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health. 32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION 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 property owner shall be responsible for providing routine maintenance of trees within the public right-of-way fronting their private property. The property owner shall also be responsible for maintaining any trees on the property frontage or on the private property to prevent encroaching into or negatively affecting any public property, including, but not limited to, dead, decayed, diseased, or hazardous trees that pose a fire or other hazard to the public right-of-way and/or to public property, as determined by the Chief of Planning.

Nothing in this section shall relieve the owner or occupant of private property from the duty to keep any tree or other vegetation on their property, or within the public right-of-way or easement adjacent to their property, in a safe condition.

(Ord. 2025, § 2)

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a. Any of the following native trees having a trunk or main stem which measures ten (10) inches or greater in diameter measured four and one-half (4½) feet above natural grade or, for a multiple trunked tree, a combination of trunks totaling twenty (20) inches or greater in diameter measured four and one-half (4½) feet above natural grade, on any type of lot or property:

1. Coast Live Oak (Quercus Agrfolia)

2. Valley Oak (Quercus Lobata)

3. Canyon Live Oak (Quercus Chrysol)

4. Blue Oak (Quercus Doulgassi)

5. California Black Oak (Quercus Kelloggi)

6. Interior Live Oak (Quercus Wislizenii)

7. White Alder (Alnus Rhombifolia)

8. California Bay (Umbellularia California)

9. California Buckeye (Aesculus Californica)

10. California Sycamore (Platanus Racemosa)

11. Madrone (Arbutus Menziesii)

12. London Plane Tree (Platanus Acerifolia)

• b. Any heritage tree.

• c. Any memorial tree established through the Town memorial tree program.

d. A tree shown to be preserved on an approved development plan or specifically required by the Planning Commission to be retained as a condition of approval of an entitlement. A tree specifically required to be preserved by the Planning Commission shall require a subsequent Planning Commission approval for removal.

e. A tree required to be planted as mitigation for the removal of a protected tree, as established under subsection 32-79.8.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.5 Permit Required; Exceptions.

a. Permit required. Except as provided in paragraph c of this subsection, no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Division prior to removal.

b. Permit with waived fee. A tree removal permit is required pursuant to subsection 32-79.6, but the application fee shall be waived under each of the following circumstances:

1. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to

comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

2. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity.

3. Any dead or dying tree in very poor condition may be removed if the applicant has submitted sufficient evidence to the Planning Division, attesting that the tree is dead or dying. Tree death caused by the property owner, applicant, or other party do not qualify for this exception.

• c. Exceptions. An exception to the requirements of this subsection may be granted under the following circumstances:

1. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit. However, subsequent to the removal, the property owner shall obtain a tree removal permit from the Town. The property owner may be required to provide evidence to the Town regarding the condition of the tree which necessitated its immediate removal.

2. A tree whose removal was specifically approved as part of a previously approved development entitlement.

3. The routine maintenance of a protected tree shall not require a permit. Routine maintenance which, in the opinion of the Chief of Planning, deviates from the definition of routine maintenance contained within this section shall be subject to fines and penalties as provided in subsection 32-79.13 of this section.

4. A street tree removed by the Town which is damaging public improvements or must be removed to accommodate public improvements.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. An application for a tree removal permit shall be submitted to the Planning Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b. The application shall be accompanied by the following information:

1. The applicant or property owner’s name, address, and telephone number;

2. The name of the company, or individual to remove the tree(s), their address, phone number and business license number;

3. Specific reasons for requesting removal of tree(s); and

4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and structure(s) within the property site with measurements.

b. When an application for tree removal is submitted in conjunction with a major or minor development project, a detailed site plan shall be submitted for review. This plan must show the location, species and size (trunk diameter at four and one-half (4½) feet above natural grade) of all existing trees, along with accurate survey and contours. The plan should also include the extent of tree driplines for all trees that are to be removed and those to be preserved on the development site, in relation to the location of all existing and proposed structures and improvements on the property.

c. A tree report shall be submitted as part of the tree removal permit if determined necessary by the Chief of Planning. The adequacy of the tree report shall be subject to determination by the Chief of Planning.

d. The Planning Division shall review the information submitted and may request additional documentation as determined necessary by the Chief of Planning.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.7 Decision Regarding Permit.

a. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the

planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.8 Tree Replacement and Mitigation.

a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For

lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

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

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32-79.6

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

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS VOLUME II DEVELOPMENT CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES. 32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION.

32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions. 32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees. 32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health. 32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION 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. Any of the following native trees having a trunk or main stem which measures ten (10) inches or greater in diameter measured four and one-half (4½) feet above natural grade or, for a multiple trunked tree, a combination of trunks totaling twenty (20) inches or greater in diameter measured four and one-half (4½) feet above natural grade, on any type of lot or property:

1. Coast Live Oak (Quercus Agrfolia)

2. Valley Oak (Quercus Lobata)

3. Canyon Live Oak (Quercus Chrysol)

4. Blue Oak (Quercus Doulgassi)

5. California Black Oak (Quercus Kelloggi)

6. Interior Live Oak (Quercus Wislizenii)

7. White Alder (Alnus Rhombifolia)

8. California Bay (Umbellularia California)

9. California Buckeye (Aesculus Californica)

10. California Sycamore (Platanus Racemosa)

11. Madrone (Arbutus Menziesii)

12. London Plane Tree (Platanus Acerifolia)

• b. Any heritage tree.

• c. Any memorial tree established through the Town memorial tree program.

d. A tree shown to be preserved on an approved development plan or specifically required by the Planning Commission to be retained as a condition of approval of an entitlement. A tree specifically required to be preserved by the Planning Commission shall require a subsequent Planning Commission approval for removal.

e. A tree required to be planted as mitigation for the removal of a protected tree, as established under subsection 32-79.8.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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• a. Permit required. Except as provided in paragraph c of this subsection, no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Division prior to removal.

• b. Permit with waived fee. A tree removal permit is required pursuant to subsection 32-79.6, but the application fee shall be waived under each of the following circumstances:

1. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

2. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity.

3. Any dead or dying tree in very poor condition may be removed if the applicant has submitted sufficient evidence to the Planning Division, attesting that the tree is dead or dying. Tree death caused by the property owner, applicant, or other party do not qualify for this exception.

• c. Exceptions. An exception to the requirements of this subsection may be granted under the following circumstances:

1. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit. However, subsequent to the removal, the property owner shall obtain a tree removal permit from the Town. The property owner may be required to provide evidence to the Town regarding the condition of the tree which necessitated its immediate removal.

2. A tree whose removal was specifically approved as part of a previously approved development entitlement.

3. The routine maintenance of a protected tree shall not require a permit. Routine maintenance which, in the opinion of the Chief of Planning, deviates from the definition of routine maintenance contained within this section shall be subject to fines and penalties as provided in subsection 32-79.13 of this section.

4. A street tree removed by the Town which is damaging public improvements or must be removed to accommodate public improvements.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.6 Permit Application.

a. An application for a tree removal permit shall be submitted to the Planning Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b. The application shall be accompanied by the following information:

1. The applicant or property owner’s name, address, and telephone number;

2. The name of the company, or individual to remove the tree(s), their address, phone number and business license number;

3. Specific reasons for requesting removal of tree(s); and

4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and structure(s) within the property site with measurements.

b. When an application for tree removal is submitted in conjunction with a major or minor development project, a detailed site plan shall be submitted for review. This plan must show the location, species and size (trunk diameter at four and one-half (4½) feet above natural grade) of all existing trees, along with accurate survey and contours. The plan should also include the extent of tree driplines for all trees that are to be removed and those to be preserved on the development site, in relation to the location of all existing and proposed structures and improvements on the property.

c. A tree report shall be submitted as part of the tree removal permit if determined necessary by the Chief of Planning. The adequacy of the tree report shall be subject to determination by the Chief of Planning.

d. The Planning Division shall review the information submitted and may request additional documentation as determined necessary by the Chief of Planning.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.8 Tree Replacement and Mitigation.

a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

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A person aggrieved by the decision of the Planning Division may appeal to the Planning Commission, or aggrieved by the decision of the Planning Commission may appeal to the Town Council, by paying the appeal fee to the Town and filing a written notice of appeal, setting forth specific grounds for the appeal, with the City Clerk within ten (10) calendar days after the determination of the Planning Division or Planning Commission.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town’s Maintenance Services Department. The application shall contain the following information:

• a. Name of the person for whom the tree is to be planted.

• b. Species of tree preferred.

• c. Desired location of planting.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Applicability. This subsection applies to minor development projects which would occur within the dripline of one (1) or more protected tree(s).

b. The applicant shall comply with the following requirements:

1. The building permit site plan shall show the location of protective fencing. Before the start of construction, the applicant shall install fencing per the building plans around the perimeter of the dripline, or other areas identified in an arborist report. The Town will inspect and approve the fencing and its location before the issuance of a building or grading permit.

2. No construction activity, parking of vehicles, storage of building materials, placement of equipment, or stockpiling of earth may occur within the fenced area. In addition, the developer shall follow all best practices for tree preservation, such as not compacting the soil in the tree protection zone, hand cutting of any roots encountered during excavation, avoidance of cutting any main lateral or buttress roots, not allowing any exposed tree roots to dry out prior to backfilling with soil, tunneling under roots if necessary for the installation of utilities, avoidance of any grade change or change in drainage patterns around the tree, tree pruning if found necessary by the project arborist. The Town may require an arborist’s report be prepared to specify additional specific mitigation measures, and to be present to observe the construction and prepare a report identifying further requirements for tree protection.

3. The Town may halt construction if it is observed that the applicant is not protecting the tree(s) as required by this subsection. The applicant shall pay the costs of an arborist’s supervision or observation, if required.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.12 Security to Guarantee Tree Health.

a. Applicability. This subsection only applies to major development projects with construction or improvement work that would occur within the dripline of one (1) or more protected tree(s).

b. Security. Before issuance of a demolition, grading, or building permit:

1. Where construction or improvement work is proposed within the dripline of one (1) or more protected tree(s), the property owner or developer shall submit a security to the Chief of Planning on a per-tree basis. The required security shall be established as follows:

(a) The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for

Establishing Values of Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a certified arborist and shall be subject to review and approval by the Chief of Planning.

(b) If the appraised value of the tree(s) is fifty thousand dollars ($50,000) or less, the applicant shall deposit with the Town a cash security, letter of credit, or other security found to be acceptable by the Chief of Planning, equal to the value of each tree required to be appraised, for the purpose of securing and guaranteeing the applicant’s obligations under paragraph c of this subsection. If the appraised value of the tree(s) is over fifty thousand dollars ($50,000), the applicant shall deposit with the Town a cash security, or other security found to be acceptable by the Chief of Planning, equal to fifty thousand dollars ($50,000), plus one-half (½) of any amount between fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000), plus one quarter (¼) of any amount between one hundred thousand dollars ($100,000) and one hundred fifty thousand dollars ($150,000), plus one tenth (1/10) of any amount in excess of one hundred fifty thousand dollars ($150,000).

(c) The Town shall retain the security until the termination of the guarantee periods required under this section. Any funds remaining on deposit at the expiration of the guarantee period, and after all of the developer’s or property owner’s obligations under this section have been satisfied, shall be

1. Guarantee the health of each protected tree on the site that is not approved for removal from the date of the Town’s finalizing of the permit associated with the last construction activity which endangered the tree until the completion of at least two (2) full growing seasons after the completion of the construction activity;

2. Replace a protected tree(s) that dies during the guarantee period, as a result of damage caused by the development, with a tree(s) of a species approved by the Town, of a cumulative number and trunk diameter which equals the total trunk diameter of the tree(s) that died. The developer or property owner shall also be required to install and maintain irrigation (as determined necessary by the Chief of Planning) for the replacement tree(s) until the tree(s) are established;

3. Relocate and maintain during construction any tree identified for temporary stockpiling. During the period of time such trees are stockpiled, they shall be maintained by a licensed nurseryman;

4. Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of the same species with a cumulative trunk diameter equal or greater than the total trunk diameter of the tree(s) which died;

5, Notify the Chief of Planning of any damage that occurs to a protected tree(s) during construction so that professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to notify the Chief of Planning and/or to administer acceptable methods of treatment may result in the issuance of a stop-work order for any permit associated with the project development activity. If determined necessary by the Chief of Planning, the Town may utilize security funds submitted as part of the development to retain a qualified third-party arborist to review the tree(s) and have any necessary mitigation performed on the tree(s).

6. In addition to replacing a guaranteed tree(s), upon determination by the Chief of Planning that a guaranteed tree has died through the fault of the applicant, pay to the Town a civil penalty in accordance with subsection 32-79.13.b., above.

7. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove to the Town that the tree died for reasons beyond the applicant’s control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree(s) for which a civil penalty is levied is less than the appraised value of the tree(s), the applicant shall also pay the Town the difference between that appraised value and the cost of the replacement tree(s). The applicant's verified receipt for the cost of the replacement tree(s) shall be conclusive proof of the cost. If the applicant chooses not to submit such receipt within ten (10) days following replacement of the tree(s), then the Chief of Planning shall determine the value of the replacement tree.

8. Use of penalties collected. Penalties collected under this section shall be used as follows, as found appropriate by the Chief of Planning:

• (a) To upgrade street trees along nearby public streets.

• (b) To beautify or enhance public places, including parks and open spaces, within the Town.

• (c) To beautify or enhance the site where the tree removal occurred.

• (Ord. 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 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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32-79.7

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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 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES.

32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION. 32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions.

32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees.

32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health.

32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES

ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL

TRANSPORTATION FEES

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION

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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32-79.5 Permit Required; Exceptions.

• a. Permit required. Except as provided in paragraph c of this subsection, no person may destroy or remove a protected tree on any property within the Town of Danville without obtaining a tree removal permit from the Planning Division prior to removal.

• b. Permit with waived fee. A tree removal permit is required pursuant to subsection 32-79.6, but the application fee shall be waived under each of the following circumstances:

1. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

2. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity.

3. Any dead or dying tree in very poor condition may be removed if the applicant has submitted sufficient evidence to the Planning Division, attesting that the tree is dead or dying. Tree death caused by the property owner, applicant, or other party do not qualify for this exception.

• c. Exceptions. An exception to the requirements of this subsection may be granted under the following circumstances:

1. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit. However, subsequent to the removal, the property owner shall obtain a tree removal permit from the Town. The property owner may be required to provide evidence to the Town regarding the condition of the tree which necessitated its immediate removal.

2. A tree whose removal was specifically approved as part of a previously approved development entitlement.

3. The routine maintenance of a protected tree shall not require a permit. Routine maintenance which, in the opinion of the Chief of Planning, deviates from the definition of routine maintenance contained within this section shall be subject to fines and penalties as provided in subsection 32-79.13 of this section.

4. A street tree removed by the Town which is damaging public improvements or must be removed to accommodate public improvements.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. An application for a tree removal permit shall be submitted to the Planning Division, together with an applicable fee unless waived pursuant to subsection 32-79.5.b. The application shall be accompanied by the following information:

1. The applicant or property owner’s name, address, and telephone number;

2. The name of the company, or individual to remove the tree(s), their address, phone number and business license number;

3. Specific reasons for requesting removal of tree(s); and

4. A site plan showing the size and location of subject tree(s) in relation to other tree(s) and structure(s) within the property site with measurements.

b. When an application for tree removal is submitted in conjunction with a major or minor development project, a detailed site plan shall be submitted for review. This plan must show the location, species and size (trunk diameter at four and one-half (4½) feet above natural grade) of all existing trees, along with accurate survey and contours. The plan should also include the extent of tree driplines for all trees that are to be removed and those to be preserved on the development site, in relation to the location of all existing and proposed structures and improvements on the property.

c. A tree report shall be submitted as part of the tree removal permit if determined necessary by the Chief of Planning. The adequacy of the tree report shall be subject to determination by the Chief of Planning.

d. The Planning Division shall review the information submitted and may request additional documentation as determined necessary by the Chief of Planning.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.8 Tree Replacement and Mitigation.

a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

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A person aggrieved by the decision of the Planning Division may appeal to the Planning Commission, or aggrieved by the decision of the Planning Commission may appeal to the Town Council, by paying the appeal fee to the Town and filing a written notice of appeal, setting forth specific grounds for the appeal, with the City Clerk within ten (10) calendar days after the determination of the Planning Division or Planning Commission.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town’s Maintenance Services Department. The application shall contain the following information:

• a. Name of the person for whom the tree is to be planted.

• b. Species of tree preferred.

• c. Desired location of planting.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Applicability. This subsection applies to minor development projects which would occur within the dripline of one (1) or more protected tree(s).

b. The applicant shall comply with the following requirements:

1. The building permit site plan shall show the location of protective fencing. Before the start of construction, the applicant shall install fencing per the building plans around the perimeter of the dripline, or other areas identified in an arborist report. The Town will inspect and approve the fencing and its location before the issuance of a building or grading permit.

2. No construction activity, parking of vehicles, storage of building materials, placement of equipment, or stockpiling of earth may occur within the fenced area. In addition, the developer shall follow all best practices for tree preservation, such as not compacting the soil in the tree protection zone, hand cutting of any roots encountered during excavation, avoidance of cutting any main lateral or buttress roots, not allowing any exposed tree roots to dry out prior to backfilling with soil, tunneling under roots if necessary for the installation of utilities, avoidance of any grade change or change in drainage patterns around the tree, tree pruning if found necessary by the project arborist. The Town may require an arborist’s report be prepared to specify additional specific mitigation measures, and to be present to observe the construction and prepare a report identifying further requirements for tree protection.

3. The Town may halt construction if it is observed that the applicant is not protecting the tree(s) as required by this subsection. The applicant shall pay the costs of an arborist’s supervision or observation, if required.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.12 Security to Guarantee Tree Health.

a. Applicability. This subsection only applies to major development projects with construction or improvement work that would occur within the dripline of one (1) or more protected tree(s).

b. Security. Before issuance of a demolition, grading, or building permit:

1. Where construction or improvement work is proposed within the dripline of one (1) or more protected tree(s), the property owner or developer shall submit a security to the Chief of Planning on a per-tree basis. The required security shall be established as follows:

(a) The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for

Establishing Values of Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a certified arborist and shall be subject to review and approval by the Chief of Planning.

(b) If the appraised value of the tree(s) is fifty thousand dollars ($50,000) or less, the applicant shall deposit with the Town a cash security, letter of credit, or other security found to be acceptable by the Chief of Planning, equal to the value of each tree required to be appraised, for the purpose of securing and guaranteeing the applicant’s obligations under paragraph c of this subsection. If the appraised value of the tree(s) is over fifty thousand dollars ($50,000), the applicant shall deposit with the Town a cash security, or other security found to be acceptable by the Chief of Planning, equal to fifty thousand dollars ($50,000), plus one-half (½) of any amount between fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000), plus one quarter (¼) of any amount between one hundred thousand dollars ($100,000) and one hundred fifty thousand dollars ($150,000), plus one tenth (1/10) of any amount in excess of one hundred fifty thousand dollars ($150,000).

(c) The Town shall retain the security until the termination of the guarantee periods required under this section. Any funds remaining on deposit at the expiration of the guarantee period, and after all of the developer’s or property owner’s obligations under this section have been satisfied, shall be

1. Guarantee the health of each protected tree on the site that is not approved for removal from the date of the Town’s finalizing of the permit associated with the last construction activity which endangered the tree until the completion of at least two (2) full growing seasons after the completion of the construction activity;

2. Replace a protected tree(s) that dies during the guarantee period, as a result of damage caused by the development, with a tree(s) of a species approved by the Town, of a cumulative number and trunk diameter which equals the total trunk diameter of the tree(s) that died. The developer or property owner shall also be required to install and maintain irrigation (as determined necessary by the Chief of Planning) for the replacement tree(s) until the tree(s) are established;

3. Relocate and maintain during construction any tree identified for temporary stockpiling. During the period of time such trees are stockpiled, they shall be maintained by a licensed nurseryman;

4. Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of the same species with a cumulative trunk diameter equal or greater than the total trunk diameter of the tree(s) which died;

5, Notify the Chief of Planning of any damage that occurs to a protected tree(s) during construction so that professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to notify the Chief of Planning and/or to administer acceptable methods of treatment may result in the issuance of a stop-work order for any permit associated with the project development activity. If determined necessary by the Chief of Planning, the Town may utilize security funds submitted as part of the development to retain a qualified third-party arborist to review the tree(s) and have any necessary mitigation performed on the tree(s).

6. In addition to replacing a guaranteed tree(s), upon determination by the Chief of Planning that a guaranteed tree has died through the fault of the applicant, pay to the Town a civil penalty in accordance with subsection 32-79.13.b., above.

7. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove to the Town that the tree died for reasons beyond the applicant’s control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree(s) for which a civil penalty is levied is less than the appraised value of the tree(s), the applicant shall also pay the Town the difference between that appraised value and the cost of the replacement tree(s). The applicant's verified receipt for the cost of the replacement tree(s) shall be conclusive proof of the cost. If the applicant chooses not to submit such receipt within ten (10) days following replacement of the tree(s), then the Chief of Planning shall determine the value of the replacement tree.

8. Use of penalties collected. Penalties collected under this section shall be used as follows, as found appropriate by the Chief of Planning:

• (a) To upgrade street trees along nearby public streets.

• (b) To beautify or enhance public places, including parks and open spaces, within the Town.

• (c) To beautify or enhance the site where the tree removal occurred.

• (Ord. 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 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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32-79.8

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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 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES.

32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION. 32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions.

32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees.

32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health.

32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES

ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL

TRANSPORTATION FEES

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION

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. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

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A person aggrieved by the decision of the Planning Division may appeal to the Planning Commission, or aggrieved by the decision of the Planning Commission may appeal to the Town Council, by paying the appeal fee to the Town and filing a written notice of appeal, setting forth specific grounds for the appeal, with the City Clerk within ten (10) calendar days after the determination of the Planning Division or Planning Commission.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town’s Maintenance Services Department. The application shall contain the following information:

• a. Name of the person for whom the tree is to be planted.

• b. Species of tree preferred.

• c. Desired location of planting.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Applicability. This subsection applies to minor development projects which would occur within the dripline of one (1) or more protected tree(s).

b. The applicant shall comply with the following requirements:

1. The building permit site plan shall show the location of protective fencing. Before the start of construction, the applicant shall install fencing per the building plans around the perimeter of the dripline, or other areas identified in an arborist report. The Town will inspect and approve the fencing and its location before the issuance of a building or grading permit.

2. No construction activity, parking of vehicles, storage of building materials, placement of equipment, or stockpiling of earth may occur within the fenced area. In addition, the developer shall follow all best practices for tree preservation, such as not compacting the soil in the tree protection zone, hand cutting of any roots encountered during excavation, avoidance of cutting any main lateral or buttress roots, not allowing any exposed tree roots to dry out prior to backfilling with soil, tunneling under roots if necessary for the installation of utilities, avoidance of any grade change or change in drainage patterns around the tree, tree pruning if found necessary by the project arborist. The Town may require an arborist’s report be prepared to specify additional specific mitigation measures, and to be present to observe the construction and prepare a report identifying further requirements for tree protection.

3. The Town may halt construction if it is observed that the applicant is not protecting the tree(s) as required by this subsection. The applicant shall pay the costs of an arborist’s supervision or observation, if required.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.12 Security to Guarantee Tree Health.

a. Applicability. This subsection only applies to major development projects with construction or improvement work that would occur within the dripline of one (1) or more protected tree(s).

b. Security. Before issuance of a demolition, grading, or building permit:

1. Where construction or improvement work is proposed within the dripline of one (1) or more protected tree(s), the property owner or developer shall submit a security to the Chief of Planning on a per-tree basis. The required security shall be established as follows:

(a) The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for

Establishing Values of Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a certified arborist and shall be subject to review and approval by the Chief of Planning.

(b) If the appraised value of the tree(s) is fifty thousand dollars ($50,000) or less, the applicant shall deposit with the Town a cash security, letter of credit, or other security found to be acceptable by the Chief of Planning, equal to the value of each tree required to be appraised, for the purpose of securing and guaranteeing the applicant’s obligations under paragraph c of this subsection. If the appraised value of the tree(s) is over fifty thousand dollars ($50,000), the applicant shall deposit with the Town a cash security, or other security found to be acceptable by the Chief of Planning, equal to fifty thousand dollars ($50,000), plus one-half (½) of any amount between fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000), plus one quarter (¼) of any amount between one hundred thousand dollars ($100,000) and one hundred fifty thousand dollars ($150,000), plus one tenth (1/10) of any amount in excess of one hundred fifty thousand dollars ($150,000).

(c) The Town shall retain the security until the termination of the guarantee periods required under this section. Any funds remaining on deposit at the expiration of the guarantee period, and after all of the developer’s or property owner’s obligations under this section have been satisfied, shall be

1. Guarantee the health of each protected tree on the site that is not approved for removal from the date of the Town’s finalizing of the permit associated with the last construction activity which endangered the tree until the completion of at least two (2) full growing seasons after the completion of the construction activity;

2. Replace a protected tree(s) that dies during the guarantee period, as a result of damage caused by the development, with a tree(s) of a species approved by the Town, of a cumulative number and trunk diameter which equals the total trunk diameter of the tree(s) that died. The developer or property owner shall also be required to install and maintain irrigation (as determined necessary by the Chief of Planning) for the replacement tree(s) until the tree(s) are established;

3. Relocate and maintain during construction any tree identified for temporary stockpiling. During the period of time such trees are stockpiled, they shall be maintained by a licensed nurseryman;

4. Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of the same species with a cumulative trunk diameter equal or greater than the total trunk diameter of the tree(s) which died;

5, Notify the Chief of Planning of any damage that occurs to a protected tree(s) during construction so that professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to notify the Chief of Planning and/or to administer acceptable methods of treatment may result in the issuance of a stop-work order for any permit associated with the project development activity. If determined necessary by the Chief of Planning, the Town may utilize security funds submitted as part of the development to retain a qualified third-party arborist to review the tree(s) and have any necessary mitigation performed on the tree(s).

6. In addition to replacing a guaranteed tree(s), upon determination by the Chief of Planning that a guaranteed tree has died through the fault of the applicant, pay to the Town a civil penalty in accordance with subsection 32-79.13.b., above.

7. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove to the Town that the tree died for reasons beyond the applicant’s control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree(s) for which a civil penalty is levied is less than the appraised value of the tree(s), the applicant shall also pay the Town the difference between that appraised value and the cost of the replacement tree(s). The applicant's verified receipt for the cost of the replacement tree(s) shall be conclusive proof of the cost. If the applicant chooses not to submit such receipt within ten (10) days following replacement of the tree(s), then the Chief of Planning shall determine the value of the replacement tree.

8. Use of penalties collected. Penalties collected under this section shall be used as follows, as found appropriate by the Chief of Planning:

• (a) To upgrade street trees along nearby public streets.

• (b) To beautify or enhance public places, including parks and open spaces, within the Town.

• (c) To beautify or enhance the site where the tree removal occurred.

• (Ord. 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Criminal penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who willfully violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be guilty of a misdemeanor subject to penalties prescribed in subsection 1-5.3 of this code.

b. Civil penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be liable to the Town for a civil penalty of three (3) times the value of the tree. For purposes of calculating the value of the tree(s), the then-current edition of the “Guide for Establishing Values of Trees and Other Plants” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture shall be used. The Town’s use of penalties collected shall be as established under subsection 32-79.12.c.8.

c. Cumulative remedies. The foregoing remedies shall be deemed nonexclusive, cumulative, and in addition to any other remedy the Town may have at law or in equity, including, but not limited to, injunctive relief to prevent violation of this section.

d. Appeals. A person aggrieved of an administrative action may appeal the action as specified under Section 1-8 this code.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 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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32-79.9

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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 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES. 32-71 REASONABLE ACCOMMODATION. 32-72 HISTORIC PRESERVATION.

32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions. 32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees. 32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health. 32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION 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. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation

fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

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A person aggrieved by the decision of the Planning Division may appeal to the Planning Commission, or aggrieved by the decision of the Planning Commission may appeal to the Town Council, by paying the appeal fee to the Town and filing a written notice of appeal, setting forth specific grounds for the appeal, with the City Clerk within ten (10) calendar days after the determination of the Planning Division or Planning Commission.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town’s Maintenance Services Department. The application shall contain the following information:

• a. Name of the person for whom the tree is to be planted.

• b. Species of tree preferred.

• c. Desired location of planting.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Applicability. This subsection applies to minor development projects which would occur within the dripline of one (1) or more protected tree(s).

b. The applicant shall comply with the following requirements:

1. The building permit site plan shall show the location of protective fencing. Before the start of construction, the applicant shall install fencing per the building plans around the perimeter of the dripline, or other areas identified in an arborist report. The Town will inspect and approve the fencing and its location before the issuance of a building or grading permit.

2. No construction activity, parking of vehicles, storage of building materials, placement of equipment, or stockpiling of earth may occur within the fenced area. In addition, the developer shall follow all best practices for tree preservation, such as not compacting the soil in the tree protection zone, hand cutting of any roots encountered during excavation, avoidance of cutting any main lateral or buttress roots, not allowing any exposed tree roots to dry out prior to backfilling with soil, tunneling under roots if necessary for the installation of utilities, avoidance of any grade change or change in drainage patterns around the tree, tree pruning if found necessary by the project arborist. The Town may require an arborist’s report be prepared to specify additional specific mitigation measures, and to be present to observe the construction and prepare a report identifying further requirements for tree protection.

3. The Town may halt construction if it is observed that the applicant is not protecting the tree(s) as required by this subsection. The applicant shall pay the costs of an arborist’s supervision or observation, if required.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Applicability. This subsection only applies to major development projects with construction or improvement work that would occur within the dripline of one (1) or more protected tree(s).

b. Security. Before issuance of a demolition, grading, or building permit:

1. Where construction or improvement work is proposed within the dripline of one (1) or more protected tree(s), the property owner or developer shall submit a security to the Chief of Planning on a per-tree basis. The required security shall be established as follows:

(a) The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for

Establishing Values of Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a certified arborist and shall be subject to review and approval by the Chief of Planning.

(b) If the appraised value of the tree(s) is fifty thousand dollars ($50,000) or less, the applicant shall deposit with the Town a cash security, letter of credit, or other security found to be acceptable by the Chief of Planning, equal to the value of each tree required to be appraised, for the purpose of securing and guaranteeing the applicant’s obligations under paragraph c of this subsection. If the appraised value of the tree(s) is over fifty thousand dollars ($50,000), the applicant shall deposit with the Town a cash security, or other security found to be acceptable by the Chief of Planning, equal to fifty thousand dollars ($50,000), plus one-half (½) of any amount between fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000), plus one quarter (¼) of any amount between one hundred thousand dollars ($100,000) and one hundred fifty thousand dollars ($150,000), plus one tenth (1/10) of any amount in excess of one hundred fifty thousand dollars ($150,000).

(c) The Town shall retain the security until the termination of the guarantee periods required under this section. Any funds remaining on deposit at the expiration of the guarantee period, and after all of the developer’s or property owner’s obligations under this section have been satisfied, shall be

1. Guarantee the health of each protected tree on the site that is not approved for removal from the date of the Town’s finalizing of the permit associated with the last construction activity which endangered the tree until the completion of at least two (2) full growing seasons after the completion of the construction activity;

2. Replace a protected tree(s) that dies during the guarantee period, as a result of damage caused by the development, with a tree(s) of a species approved by the Town, of a cumulative number and trunk diameter which equals the total trunk diameter of the tree(s) that died. The developer or property owner shall also be required to install and maintain irrigation (as determined necessary by the Chief of Planning) for the replacement tree(s) until the tree(s) are established;

3. Relocate and maintain during construction any tree identified for temporary stockpiling. During the period of time such trees are stockpiled, they shall be maintained by a licensed nurseryman;

4. Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of the same species with a cumulative trunk diameter equal or greater than the total trunk diameter of the tree(s) which died;

5, Notify the Chief of Planning of any damage that occurs to a protected tree(s) during construction so that professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to notify the Chief of Planning and/or to administer acceptable methods of treatment may result in the issuance of a stop-work order for any permit associated with the project development activity. If determined necessary by the Chief of Planning, the Town may utilize security funds submitted as part of the development to retain a qualified third-party arborist to review the tree(s) and have any necessary mitigation performed on the tree(s).

6. In addition to replacing a guaranteed tree(s), upon determination by the Chief of Planning that a guaranteed tree has died through the fault of the applicant, pay to the Town a civil penalty in accordance with subsection 32-79.13.b., above.

7. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove to the Town that the tree died for reasons beyond the applicant’s control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree(s) for which a civil penalty is levied is less than the appraised value of the tree(s), the applicant shall also pay the Town the difference between that appraised value and the cost of the replacement tree(s). The applicant's verified receipt for the cost

of the replacement tree(s) shall be conclusive proof of the cost. If the applicant chooses not to submit such receipt within ten (10) days following replacement of the tree(s), then the Chief of Planning shall determine the value of the replacement tree.

8. Use of penalties collected. Penalties collected under this section shall be used as follows, as found appropriate by the Chief of Planning:

• (a) To upgrade street trees along nearby public streets.

• (b) To beautify or enhance public places, including parks and open spaces, within the Town.

• (c) To beautify or enhance the site where the tree removal occurred.

• (Ord. 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Criminal penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who willfully violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be guilty of a misdemeanor subject to penalties prescribed in subsection 1-5.3 of this code.

b. Civil penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be liable to the Town for a civil penalty of three (3) times the value of the tree. For purposes of calculating the value of the tree(s), the then-current edition of the “Guide for Establishing Values of Trees and Other Plants” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture shall be used. The Town’s use of penalties collected shall be as established under subsection 32-79.12.c.8.

c. Cumulative remedies. The foregoing remedies shall be deemed nonexclusive, cumulative, and in addition to any other remedy the Town may have at law or in equity, including, but not limited to, injunctive relief to prevent violation of this section.

d. Appeals. A person aggrieved of an administrative action may appeal the action as specified under Section 1-8 this code.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 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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32-79.10

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 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT.* 32-70 WIRELESS COMMUNICATION FACILITIES.

32-71 REASONABLE ACCOMMODATION.

32-72 HISTORIC PRESERVATION.

32-73 INCLUSIONARY HOUSING.

32-74 DENSITY BONUS.

32-75 RESERVED.

32-76 ACCESSORY DWELLING UNITS.

32-77 - 32-78 RESERVED.

32-79 TREE PRESERVATION.

32-79.1 Purpose and Intent. 32-79.2 Defnitions.

32-79.3 Tree Maintenance by Private Parties.

32-79.4 Protected Trees.

32-79.5 Permit Required; Exceptions.

32-79.6 Permit Application.

32-79.7 Decision Regarding Permit.

32-79.8 Tree Replacement and Mitigation.

32-79.9 Appeal.

32-79.10 Memorial Trees.

32-79.11 Tree Protection During Development.

32-79.12 Security to Guarantee Tree Health.

32-79.13 Penalties.

32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS.

32-81 - 32-82 RESERVED.

32-83 PARK DEDICATION.

32-84 - 32-91 RESERVED.

ARTICLE VIII SPECIAL LAND USES

ARTICLE IX SIGNS AND OUTDOOR ADVERTISING*

ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL

TRANSPORTATION FEES

ARTICLE XI RESERVED

ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION

ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION

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. Time of decision. The Planning Division shall render a decision regarding the permit within fifteen (15) working days after the filing of a complete application. If an application is being jointly considered with any other application for a development entitlement, then the decision on the tree removal permit shall be rendered simultaneously with a decision on the development entitlement application.

b. Criteria. In order to issue a tree removal permit, the Town shall consider the following criteria:

1. The condition of the tree(s) with respect to its health and imminent danger of falling, resulting in a hazard and a threat to life and property.

2. That the tree is causing damage to improvements on a property, such as roots growing into the foundation area of structures, public sidewalks, curbs or gutters, or utilities. Damage caused to fencing or irrigation systems will not generally be deemed as sufficient cause for removal of a tree;

3. The necessity to remove the tree(s) to allow for the reasonable use, enjoyment or development of the property, such as construction of a new residence, additions to a residence, and construction of accessory dwelling units or accessory structures, including swimming pools. However, the applicant will need to demonstrate that there are no reasonable alternatives to the development design that could avoid the removal of the tree(s);

4. The age and/or size of the protected tree with regard to the appropriateness of the size of the area in which the tree is planted and whether its removal would encourage healthier, more vigorous growth of other plant material in the area;

5. The necessity to remove the tree(s) due to its close proximity to the residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency. The applicant must provide the Town with evidence of such notices;

6. The effect of the removal of the tree upon soil erosion or whether its removal will result in a significant diversion or increase in the flow of surface water;

7. The number, species, size and location of other protected trees in the area and the effect their removal will have upon shade, privacy between properties, and scenic beauty of the area;

8. Possible visual impacts within a Town-identified major ridgeline or scenic hillside area created as a result of the tree removal;

9. The need to remove a tree(s) to allow for the exposure to sunlight as necessary for the efficient generation of solar electricity. The applicant must provide the Town with an evaluation evidence from the solar provider.

c. If none of the above criteria are satisfied, the Planning Commission may authorize removal if it finds that, due to the location of the tree on the property and its orientation as it related to the residence on the property and/or actively used yard areas, the tree is unreasonably adversely impacting the property owner’s enjoyment and/or use of the property.

d. Additional recommendations. The Chief of Planning may refer any tree removal application to the Planning Commission for review and action. Upon such referral, the timeline for action established under paragraph a of this subsection shall automatically increase to forty-five (45) days unless connected to another development application, in which case the request shall be considered jointly with that application.

e. Decision and mitigation measures. The Planning Division shall either grant or deny the application, or grant the application with conditions of approval intended to help mitigate the removal of the tree(s). Where mitigation is determined to be necessary, the Town may require the planting of on-site or off-site replacement trees, their location and species to be determined by the Town.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.8 Tree Replacement and Mitigation.

a. For trees located on property associated with a major development project, the tree replacement ratio is one (1) fifteen (15)-gallon tree for each two (2) inches of the total trunk diameter of the protected tree(s) removed or destroyed, rounded up to the next whole number if the tree diameter(s) is above one-half (0.5) inch.

b. For each protected tree that is removed or destroyed on property associated with a minor development or not associated with any development project, the following replacement ratios shall apply:

1. For trees less than twenty (20) inches in trunk diameter, one (1) replacement tree of at least fifteen (15)-gallon container size.

2. For trees twenty (20) inches or greater in trunk diameter, two (2) replacement trees of at least fifteen (15)-gallon container size.

c. The Town may adjust the replacement ratios mentioned in paragraphs a. and b. of this subsection or apply a different ratio, subject to the special circumstances and site characteristics of the development property and related to the mitigation requirement found appropriate based on an arborist report or environmental study.

d. Species. Replacement trees shall be in the same genus or species as the removed or destroyed tree, or selected from the list of the Town’s native tree species listed in subsection 3279.4.a.

e. Location. Replacement trees shall be planted on the same property where the tree(s) that was removed or destroyed was located unless otherwise approved by the Town. Replacement trees shall not be planted within five (5) feet of an existing or proposed building or attached structure. For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

For lots in zoning districts which allow lots that are ten thousand (10,000) square feet or less, all mitigation trees shall be planted at least five (5) feet from side and rear property lines. For lots in zoning districts that are zoned for lot sizes greater than ten thousand (10,000) square feet, all mitigation trees shall be planted at least ten (10) feet from all side and rear property lines.

f. Off-site tree mitigation fee. If the Town finds that it is not feasible or desirable to plant any or all replacement trees on-site, the Town may accept an off-site mitigation fee. For off-site mitigation, a fifteen (15)-gallon replacement tree shall be considered to have a two (2)-inch diameter, and a twenty-four (24)-inch box tree shall be considered to have a four (4)-inch diameter. The mitigation fee shall be equal to the cost of the total trees required at the current wholesale cost of the trees, as determined by the Chief of Planning.

g. No replacement tree planting shall be required if:

1. The removal of a tree is exempt from the requirement for a tree removal permit, pursuant to subsection 32-79.5.c.

2. The age and/or location of the tree which led to the death of the tree at no fault of the property owner.

3. Any protected tree which is determined to be required to be removed due to its close proximity to the primary residence or to maintain defensible space or a fuel break in order to comply with notices issued to a property owner by their fire insurance provider or a fire protection agency.

h. Timing. Replacement trees shall be planted within sixty (60) days of completion of the development project. Proof of the planting of replacement trees shall be provided to the Planning Division within thirty (30) days of planting.

(Ord. 2025-03, § 2)

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A person aggrieved by the decision of the Planning Division may appeal to the Planning Commission, or aggrieved by the decision of the Planning Commission may appeal to the Town Council, by paying the appeal fee to the Town and filing a written notice of appeal, setting forth specific grounds for the appeal, with the City Clerk within ten (10) calendar days after the determination of the Planning Division or Planning Commission.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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A person who wishes to sponsor a memorial tree planted on public property may file an application with the Town’s Maintenance Services Department. The application shall contain the following information:

• a. Name of the person for whom the tree is to be planted.

• b. Species of tree preferred.

• c. Desired location of planting.

• (Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Applicability. This subsection applies to minor development projects which would occur within the dripline of one (1) or more protected tree(s).

b. The applicant shall comply with the following requirements:

1. The building permit site plan shall show the location of protective fencing. Before the start of construction, the applicant shall install fencing per the building plans around the perimeter of the dripline, or other areas identified in an arborist report. The Town will inspect and approve the fencing and its location before the issuance of a building or grading permit.

2. No construction activity, parking of vehicles, storage of building materials, placement of equipment, or stockpiling of earth may occur within the fenced area. In addition, the developer shall follow all best practices for tree preservation, such as not compacting the soil in the tree protection zone, hand cutting of any roots encountered during excavation, avoidance of cutting any main lateral or buttress roots, not allowing any exposed tree roots to dry out prior to backfilling with soil, tunneling under roots if necessary for the installation of utilities, avoidance of any grade change or change in drainage patterns around the tree, tree pruning if found necessary by the project arborist. The Town may require an arborist’s report be prepared to specify additional specific mitigation measures, and to be present to observe the construction and prepare a report identifying further requirements for tree protection.

3. The Town may halt construction if it is observed that the applicant is not protecting the tree(s) as required by this subsection. The applicant shall pay the costs of an arborist’s supervision or observation, if required.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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32-79.12 Security to Guarantee Tree Health.

a. Applicability. This subsection only applies to major development projects with construction or improvement work that would occur within the dripline of one (1) or more protected tree(s).

b. Security. Before issuance of a demolition, grading, or building permit:

1. Where construction or improvement work is proposed within the dripline of one (1) or more protected tree(s), the property owner or developer shall submit a security to the Chief of Planning on a per-tree basis. The required security shall be established as follows:

(a) The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for

Establishing Values of Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a certified arborist and shall be subject to review and approval by the Chief of Planning.

(b) If the appraised value of the tree(s) is fifty thousand dollars ($50,000) or less, the applicant shall deposit with the Town a cash security, letter of credit, or other security found to be acceptable by the Chief of Planning, equal to the value of each tree required to be appraised, for the purpose of securing and guaranteeing the applicant’s obligations under paragraph c of this subsection. If the appraised value of the tree(s) is over fifty thousand dollars ($50,000), the applicant shall deposit with the Town a cash security, or other security found to be acceptable by the Chief of Planning, equal to fifty thousand dollars ($50,000), plus one-half (½) of any amount between fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000), plus one quarter (¼) of any amount between one hundred thousand dollars ($100,000) and one hundred fifty thousand dollars ($150,000), plus one tenth (1/10) of any amount in excess of one hundred fifty thousand dollars ($150,000).

(c) The Town shall retain the security until the termination of the guarantee periods required under this section. Any funds remaining on deposit at the expiration of the guarantee period, and after all of the developer’s or property owner’s obligations under this section have been satisfied, shall be

1. Guarantee the health of each protected tree on the site that is not approved for removal from the date of the Town’s finalizing of the permit associated with the last construction activity which endangered the tree until the completion of at least two (2) full growing seasons after the completion of the construction activity;

2. Replace a protected tree(s) that dies during the guarantee period, as a result of damage caused by the development, with a tree(s) of a species approved by the Town, of a cumulative number and trunk diameter which equals the total trunk diameter of the tree(s) that died. The developer or property owner shall also be required to install and maintain irrigation (as determined necessary by the Chief of Planning) for the replacement tree(s) until the tree(s) are established;

3. Relocate and maintain during construction any tree identified for temporary stockpiling. During the period of time such trees are stockpiled, they shall be maintained by a licensed nurseryman;

4. Replace any stockpiled tree(s) that dies during the guarantee period with a tree(s) of the same species with a cumulative trunk diameter equal or greater than the total trunk diameter of the tree(s) which died;

5, Notify the Chief of Planning of any damage that occurs to a protected tree(s) during construction so that professionally acceptable methods of treatment may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the Chief of Planning. Failure to notify the Chief of Planning and/or to administer acceptable methods of treatment may result in the issuance of a stop-work order for any permit associated with the project development activity. If determined necessary by the Chief of Planning, the Town may utilize security funds submitted as part of the development to retain a qualified third-party arborist to review the tree(s) and have any necessary mitigation performed on the tree(s).

6. In addition to replacing a guaranteed tree(s), upon determination by the Chief of Planning that a guaranteed tree has died through the fault of the applicant, pay to the Town a civil penalty in accordance with subsection 32-79.13.b., above.

7. A tree shall be presumed to have died through the fault of the applicant unless the applicant can prove to the Town that the tree died for reasons beyond the applicant’s control or, in the case of stockpiled trees, the applicant used reasonable care to maintain the tree. In addition to such penalty, whenever the cost of replacing a tree(s) for which a civil penalty is levied is less than the appraised value of the tree(s), the applicant shall also pay the Town the difference between that appraised value and the cost of the replacement tree(s). The applicant's verified receipt for the cost of the replacement tree(s) shall be conclusive proof of the cost. If the applicant chooses not to submit such receipt within ten (10) days following replacement of the tree(s), then the Chief of Planning shall determine the value of the replacement tree.

8. Use of penalties collected. Penalties collected under this section shall be used as follows, as found appropriate by the Chief of Planning:

• (a) To upgrade street trees along nearby public streets.

• (b) To beautify or enhance public places, including parks and open spaces, within the Town.

• (c) To beautify or enhance the site where the tree removal occurred.

• (Ord. 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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a. Criminal penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who willfully violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be guilty of a misdemeanor subject to penalties prescribed in subsection 1-5.3 of this code.

b. Civil penalties. Any person, including, but not limited to, the property owner, the person performing the work, and/or any other responsible person, who violates any provision of this section, or any condition established as part of any permit issued hereunder, shall be liable to the Town for a civil penalty of three (3) times the value of the tree. For purposes of calculating the value of the tree(s), the then-current edition of the “Guide for Establishing Values of Trees and Other Plants” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture shall be used. The Town’s use of penalties collected shall be as established under subsection 32-79.12.c.8.

c. Cumulative remedies. The foregoing remedies shall be deemed nonexclusive, cumulative, and in addition to any other remedy the Town may have at law or in equity, including, but not limited to, injunctive relief to prevent violation of this section.

d. Appeals. A person aggrieved of an administrative action may appeal the action as specified under Section 1-8 this code.

(Ord. # 2001-01, § 3; Ord. 2009-04, § 2; Ord. 2025-03, § 2)

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The State of California’s Model Water Efficient Landscape Ordinance (“MWELO”), which is found at Sections 490-495 of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, is adopted in its entirety. (Ord. 2021-04, § 2)

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Any person or entity which violates a provision of this Chapter shall be subject to issuance of an administrative citation pursuant to Section 1-5.5 of this Code. The fines associated with a violation shall be as follows:

• a. A fine not to exceed one hundred dollars ($100.00) for a first violation.

• b. A fine not to exceed two hundred dollars ($200.00) for a second violation within one (1) year.

• c. A fine not to exceed five hundred dollars ($500.00) for each additional violation within one (1) year. (Ord. 2021-04, § 2)

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32-81—32-82 RESERVED.

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