Danville City Zoning Code
ARTICLE IV
DECISION MAKING AUTHORITY AND REVIEW PROCESS
32-4.1 Purpose.
This article provides procedures and requirements for the preparation, filing, processing, and decision making for planning application required by this Chapter.
(Ord. #2015-09, § 1)
32-4.2 Responsible Authority - General.
This Chapter shall be administered by the Danville Town Council, the Danville Planning Commission, the Danville Heritage Resource Commission, Design Review Board, Historic Design Review Committee, the Chief of Planning and the Planning Division, and any other Town official or body as specifically identified.
(Ord. #2015-09, § 1)
32-4.3 Decision Making Authority for Planning Applications.
Table 4.1 provides a summary of the review and decision making authority for each type of planning application as described under Article III.
Table 4-1
Decision Making Authority for Planning Applications
Application | Administrative | Design Review Board | Historic Design Review Committee | Planning Commission | Heritage Resource Commission | Town Council |
Application | Administrative | Design Review Board | Historic Design Review Committee | Planning Commission | Heritage Resource Commission | Town Council |
Development Plan - Downtown - Minor | X | X1 | X1 | |||
Development Plan - Downtown - Major | X6 | X | ||||
Development Plan - Scenic Hillside | X | X1 | X1 | |||
Development Plan - Major Ridgeline | X1 | X | ||||
Development Plan - Historic - Minor Alterations | X | X1 | X1 | |||
Development Plan - Historic - Major Alterations | X1 | X | X | X | ||
Development Plan - Commercial - Minor | X | X1 | X1 | |||
Development Plan - Commercial - Major | X | X | ||||
Development Plan - Residential | X6 | X1 | X2 | |||
Development Plan - Preliminary (PUD rezoning) | X | X | ||||
Development Plan - Final | X6 | X | X | X5 | ||
General Plan Amendment | X | X | ||||
Land Use Permit - Residential | X | X1 | ||||
Land Use Permit - Downtown Business District | X | X1 | ||||
Major Subdivision | X6 | X | ||||
Minor Subdivision | X | |||||
Rezoning | X | X | ||||
Sign Review | X | X4 | ||||
Tree Removal | X | |||||
Variance | X | |||||
Zoning Text Amendment | X | X | ||||
1 Application may be referred to the Design Review Board, Historic Design Review Committee, and/or the Planning Commission or Heritage Resource Commission at the discretion by the Chief of Planning.
2 Requires Planning Commission review only if required by the conditions of approval for the subdivision that created the lot.
3 Requires approval by the Planning Commission if approval of a variance or exception is required.
4 Design Review Board approval is required for a Master Sign Program or if approval of a variance or exception is required.
5 Requires approval by the Town Council if reviewed concurrently with the Preliminary Development Plan - Rezoning application.
6 Multifamily Residential application with ten (10) or fewer units.
(Ord. #2015-09, § 1; Ord. #2024-01, § 15)
32-4.4 Additional Application Review Criteria.
a. Any application which is submitted concurrently with another application(s) shall be reviewed concurrently and shall be subject to review by the highest decision making authority for any of the concurrently submitted applications, as designated by this Chapter.
b. When the Town Council is the decision making authority for a planning application, the Planning Commission or Heritage Resource Commission's action will be in the form of a recommendation to the Town Council.
c. When the Planning Commission or Heritage Resource Commission is the decision making authority for a planning application, any Design Review Board or Historic Design Review Committee action will be in the form of a recommendation to those commissions.
d. When an administrative action is reviewed by the Design Review Board or the Historic Design Review Committee, the action is subject to the Town's subsequent issuance of an Appealable Action Letter.
e. Upon receiving an appeal, the body hearing the appeal shall become the decision making authority.
(Ord. #2015-09, § 1)
32-4.5 Application Preparation and Filing.
a. Pre-Application Submittal Meeting. All applicants are strongly encouraged to request a pre-application meeting with the Planning Division prior to submittal of the planning application. The purpose of the pre-application meeting is to:
1. Inform the applicant of Town requirements as they apply to the proposed project;
2. Review the Town's review process, possible project alternatives or revisions; and
3. Identify information and materials the Town will require with the application, and any necessary technical studies and information relating to the environmental review of the project.
b. General Plan Amendment Study Authorization. Prior to the submittal of an application including a request for a General Plan Amendment, the General Plan Amendment request shall be scheduled for discussion by the Town Council during a noticed public hearing. This General Plan Amendment Study Authorization public hearing shall provide an opportunity for early Town Council and neighborhood input regarding the merits and potential significant issues regarding the proposal. The Town Council may also direct that specific studies and/or reports be prepared as part of the application review process to assist in making a final determination on the application.
c. Application Contents. Each permit application required by this Chapter shall be filed with the Planning Division on the standard Town application form, together with all required fees and/or deposits and all other information and materials specified by the Planning Division for the specific type of application. Application requirement lists for the different types of planning application are available through the Planning Division.
d. Qualification of Applicant. A qualified applicant is any person or firm, or authorized agent, having a freehold interest in the subject land; or having a possessory interest entitling exclusive possession; or having a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable. Proof of such an interest may be required. A person acting as agent for a qualified applicant must attach a copy of written authority to act.
e. Application Fee.
1. Master Fee Schedule. Planning application fees shall be as listed within the Town's Master Fee Schedule, as adopted by the Town Council.
2. Timing of Payment. Application fees shall be included as part of the initial application submittal. Applications shall not be deemed complete until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for suspension of processing or approval of any planning application.
3. Refunds and Withdrawals. Application fees cover the Town's costs for staff review, hearings, and the other activities involved in processing applications. No refund for an application that is denied shall be issued. In the case of a withdrawal by the applicant, the Chief of Planning shall have the discretion to authorize a partial refund based upon the prorated costs to date and the status of the application at the time of withdrawal.
(Ord. #2015-09, § 1)
32-4.6 Application Review Process.
The Planning Division shall initiate the review of all planning applications. As part of the review, the Planning Division shall determine the application's consistency with the General Plan and applicable development and design standards and other requirements contained within this Chapter. Based on this Chapter, the Planning Division shall determine the decision making authority and the review process. Steps in the review process are subject to minor variation as may be found to be appropriate by the Chief of Planning.
a. Administrative Review. Certain applications which are subject to an administrative review process, such as Tree Removal, Sign Review, and some types of minor Development Plan and minor Land Use Permit applications, as determined by the Chief of Planning, do not require public notification. Certain applications which are subject to an administrative review process, including Variance applications and some types of minor Development Plan and minor Land Use Permit applications, as determined by the Chief of Planning, are subject to notification of surrounding property owners.
1. Appealable Action Letter. Action may be taken on administrative applications by the issuance of an appealable action letter prepared by the Planning Division.
b. Non-Administrative Planning Applications. Non-administrative planning application are subject to review and action by the decision making authority at a noticed public hearing.
1. Distribution of Request for Comments. Upon submittal of the planning application, the Planning Division may distribute a request for comments letter to all agencies, districts, Town divisions or departments, and any other organization or individual who may have an interest or responsibility in any aspect of the development or land use proposed by the application. The request for comments letter shall also be mailed to all property owners, as found within the latest Contra Costa County Tax Collector data base, within a 750 foot radius of the boundaries of the property, which is the subject of the application.
2. Development Advisory Meeting. Within 30 days of the application submittal, the Town may hold a Development Advisory Meeting to allow for joint review and discussion regarding the merits of the application and its compliance with applicable policies, practices, standards, and guidelines. Representatives of agencies, districts, Town divisions or departments, and other organizations or individuals shall be invited to the meeting as determined appropriate by the Chief of Planning.
3. Review for Completeness. The Planning Division shall review each application for completeness and accuracy before it is accepted as being complete. The determination of completeness shall be based on the Town's application requirements and any other information determined to be required by the Planning Division in order confirm the proposed development or land use's compliance with the General Plan and all Town applicable policies, practices, standards, and guidelines.
4. Notice of Incomplete Application. Within 30 days of the date of the application submittal, the Town shall notify the applicant in writing as to whether the application has been found to be incomplete. If the application has been found to be incomplete, the notice shall specify the additional materials, information, or project modifications which are required to be submitted to complete the application.
5. Application Resubmittal. Upon the applicant's resubmittal of application materials, the Town shall again review the application for completeness and accuracy before it is accepted as being complete. The Town may determine that it is necessary to distribute an additional request for comments letter, and/or hold an additional Development Advisory Meeting for review of the application. Within 30 days of the date of the application resubmittal, the Town shall notify the applicant in writing as to whether the application has been found to be incomplete. If the application is found to still be incomplete, the notice of incomplete application and application resubmittal process shall be repeated until the application is deemed to be complete.
6. Expiration of Application. Unless otherwise agreed upon by the Town, if an applicant fails to make a resubmittal within ninety (90) days following the date of the notice of incomplete application, the application may be deemed withdrawn without any further action by the Town. After the expiration of an application, future Town consideration shall require the submittal of a new application and associated application fees.
7. Environmental Review. All planning applications shall be subject to the requirements of the California Environmental Quality Act (CEQA). Consistent with the CEQA, additional materials may be required to be submitted by the applicant after the application has been deemed to be complete to allow for adequate review of any identified potential environmental impacts.
8. Design Review Board. Planning applications which request approval of a Development Plan or a Sign Review for a Master Sign Program are subject to review by the Town's Design Review Board. Planning applications including a minor Development Plan request may require review by the Design Review Board, as determined by the Chief of Planning. The Design Review Board shall review a proposed development's architectural design, site design, landscaping design, and the design and placement of proposed signage to ensure consistency with General Plan, applicable ordinances, and adopted design standards and guidelines. For non-administrative planning applications, Design Review Board actions shall be in the form of a recommendation to the Planning Commission. Planning applications requiring review by the Design Review Board shall include as part of the proposed project plans all of the information detailed within the Town's Design Review Board Submittal Requirement Checklist.
9. Historic Design Review Committee. Planning applications which request approval of a Development Plan involving a major alteration to a historically significant resource, as defined under Section 32-72, are subject to review by the Town's Historic Design Review Committee. Planning applications including a Development Plan involving a minor alteration to a historically significant resource may require review by the Historic Design Review Committee, as determined by the Chief of Planning. The Historic Design Review Committee shall review a proposed development's architectural design, site design and landscaping design to ensure consistency with the General Plan, the Town's Historic Preservation Ordinance, the Town's Design Guidelines for Heritage Resources, and other excepted common practices related to exterior alterations and new construction involving a historically significant resource. For non-administrative planning applications, Historic Design Review Committee actions shall be in the form of a recommendation to the Heritage Resource Commission.
10. Planning Commission. The Danville Planning Commission shall be the review authority for all non-administrative planning applications except that for planning applications involving a major alteration to a heritage resource, any Planning Commission action shall be in the form of a recommendation to the Heritage Resource Commission.
11. Heritage Resource Commission. The Danville Heritage Resource Commission shall be the review authority for all non-administrative planning applications involving a major alteration to a heritage resource, as detailed under Section 32-76.
12. Town Council. The Danville Town Council is the final review authority for planning applications requesting a General Plan Amendment, a Preliminary Development Plan - Rezoning, Rezoning, or Zoning Text Amendment. The Town Council shall be the review authority for any appeal of a Planning Commission or Heritage Resource Commission action.
(Ord. #2015-09, § 1)
32-4.7 Appeal; General.
Appeal from any decision of the Planning Division, Planning Commission, or Heritage Resource Commission shall be governed by the provisions set forth in this section.
a. Submittal of Appeal. An appeal must be filed within ten (10) calendar days after the date of the decision which is being appealed. In order to be accepted as a valid appeal, the appellant must submit to the Planning Division a written notice of appeal, specifying the grounds for appeal, as well as the appeal fee, which shall be contained within the Town's Master Fee Schedule.
b. Appeal Decision. An action of any decision making authority on an appeal shall be final after 10 calendar days from the date of the action.
c. Renewed Application After Denial. If any planning application is denied (unless the denial is without prejudice to refiling), no new application shall be made or accepted within one (1) year after the effective date of denial, unless:
1. The applicant shows material change in the circumstances upon which the denial was based. Materially changed circumstances shall mean:
(a) The proposed development or land use is significantly different from that originally applied for; and/or
(b) The lot involved has been diminished or enlarged with the result that the proposed development or land use would be more compatible to the revised lot than the situation originally applied for; and/or
(c) There has been a change in zoning classification which significantly affects this land.
(Ord. #2015-09, § 1)
32-4.8 Judicial Review.
Any court action or proceeding to attack, review, set aside, void or annul any decision of matters listed in this Chapter or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within the applicable time frame specified by State law. Thereafter all persons are barred from commencing any such action or proceeding and from asserting any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations.
(Ord. #2015-09, § 1)
32-4.9 Notification.
The Town shall provide notification of proposed actions on planning applications and/or public hearings to consider taking action on planning applications. Notification to surrounding property owners shall be based on the most recent available Contra Costa County Tax Collector property ownership data, or from other records if they at least as recent or more recent ownership and address information.
a. Appealable Action Letter. An appealable action letter shall be mailed directly to the applicant and property owner as listed on the planning application, and shall provide for a 10 day appeal period for the action taken. When public notification is required, the appealable action letter shall also be mailed to all property owners within a 350 foot radius of the boundaries of the property which is the subject of the application. The appealable action letter shall provide a description of the nature of the proposed application, the street address of the property involved or its legal boundary description, and the proposed date and time that the Town's action will be final. Substantial compliance with these provisions for notice is sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.
b. Notice of a Public Hearing. Public notification of a public hearing to consider a planning application shall be mailed at least 10 calendar days prior to the hearing to all property owners within a 750 foot radius of the boundaries of the property that is the subject of the application. Notices shall state the time, date and place of the hearing, the general nature of the application, and the street address of the property involved or its legal or boundary description if it has no street address. Substantial compliance with these provisions for notice is sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.
c. Design Review Board and Historic Design Review Committee. Posting of the meeting agenda shall serve as public notice for Design Review Board and Historic Design Review Committee meetings.
(Ord. #2015-09, § 1)
32-4.10 Staff Report.
For non-administrative planning applications, the Planning Division shall prepare a staff report to be made available to the decision making authority and the general public at least seventy two hours prior to the public hearing. A copy of the staff report shall be made available to the public at the Danville Town offices and on the Town's website prior to the meeting. The staff report shall include; a description of the development or land use requested by the planning application; an analysis of the request's consistence with the Town General Plan and all Town applicable standards, requirements, policies, practices, and guidelines; the environmental status if the project relative to the California Environmental Quality Act; a staff recommendation as to the action to be taken by the decision making authority; any other information found by the Planning Division to be relative to the decision making process.
(Ord. #2015-09, § 1)
32-4.11 Findings.
The review authority shall approve findings of fact to support any action taken on all planning applications. The recommended findings shall be based on the relevant goals and policies of the General Plan, the requirements of the relevant sections of this chapter, and the site specific circumstances related to the proposal.
(Ord. #2015-09, § 1)
32-4.12 Conditions of Approval.
As part of the approval of any planning application, the decision making authority may limit or condition the approval so as to assure consistency with the General Plan, to assure that the intent and purpose of applicable standards and regulations will be met, or as otherwise deemed advisable in its discretion as limited by applicable law. Such approval may be made subject to, but is not limited to, conditions imposing dedication, improvements, dimensional restrictions, site plan approval, architectural standards, access controls, time limits, supplemental review, phasing of improvements, nuisance or blight abatement, energy efficiency, planting or screening.
(Ord. #2015-09, § 1)
32-4.13 Time Limits for Exercising Approved Applications.
A planning application approved under provisions of this chapter shall be valid for the time periods described in this subsection. For multi-phased projects, these time limits apply to the first phase only. A planning application shall be deemed to be exercised, used or established when a building permit is issued by the Building Division consistent with the project plans, findings, and conditions of approval as approved by the decision making authority, providing that the building permit does not expire. If no building permit is required under the Building Code, then the planning application approval shall be deemed to be exercised, used or established when clear and visible evidence is demonstrated on the subject property as to the initiation of the land use or the implementation of the entitlement granted by the approval of the planning application. Any time period established as part of the condition of approval for an application shall govern over the following time limits:
a. Development Plan - Downtown; Historic. Downtown and Historic Development Plan approvals shall be valid for a time period of 36 or 30 months, as established under Section 32-45.44 of this chapter.
b. Development Plan - Scenic Hillside or Major Ridgeline; Accessory Dwelling Unit; Commercial; Residential. Scenic hillside or major ridgeline, accessory dwelling unit, commercial, and residential Development Plan approvals shall be valid for a time period of 24 months.
c. Planned Unit Development - Preliminary Development Plan and Final Development Plan. Preliminary Development Plan - Rezoning and Final Development Plan approvals shall be valid for the time periods established under Section 32-63.8 of this chapter.
d. General Plan Amendment. A General Plan Amendment is effective 30 days after approval and does not expire.
e. Land Use Permit. A Land Use Permit approval within the Downtown Business District area shall be valid for a time period of 36 or 30 months, as established under Section 32-45.44 of this chapter. A Land Use Permit approval within other commercial districts, office, or industrial zoning districts shall be valid for a period of 30 months. A Land Use Permit approval within a residential zoning district shall be valid for one year.
f. Subdivision - Major and Minor. The approval of Major or Minor Subdivision application is valid for a time period of 30 months, as detailed under Section 31-9.9 of Chapter 31.
g. Rezoning. A Rezoning approval is effective 30 calendar days after the Town Council's approval of the second reading of the approval Ordinance and does not expire.
h. Sign Review. Approval of a Sign Review application is valid for a time period of 90 days and as detailed under Section 32-98.23 of this chapter.
i. Tree Removal. Approval of a Tree Removal application is valid for a time period of one year.
j. Variance. Approval of a Variance application is valid for a time period of one year.
k. Zoning Text Amendment. A Zoning Text Amendment approval is effective 30 calendar days after the Town Council's approval of the second reading of the approval Ordinance and does not expire.
(Ord. #2015-09, § 1)
32-4.14 Time Extensions.
An applicant may request an extension of time periods in Section 32-4.13. The request must be submitted in writing to the Planning Division at least 30 days prior to the expiration date, and include a showing of good cause for the need of the extension. The decision making authority which approved the application may grant time extensions as follows:
a. Development Plan, Land Use Permit, Subdivisions, Sign Review, Tree Removal, Variance. Up to two time extensions, each for no more than one year.
b. Planned Unit Development - Preliminary Development Plan and Final Development Plan. Time extensions shall be as specified under Section 32-63.8 of this chapter.
32-4.15 Land Use Permits; When Void; Time Extensions.
If a use is established according to the terms and conditions of a Land Use Permit and the use is discontinued for any reason for a period of six months, the permit shall become void and the use shall not be resumed. Upon application during the six month period by the owner and upon a showing of good cause the Chief of Planning may grant an extension not to exceed a total of six months.
(Ord. #2015-09, § 1)
32-4.16 Previously Expired Planning Applications.
Any previously approved planning application which expired, was revoked or became void under any provision of law then in effect shall not be revived by any of these provisions.
(Ord. #2015-09, § 1)
32-4.17 Revocation of Planning Application Approvals.
32.4.18 Causes for Revocation.
An approved planning application may be revoked if the applicant, his successors or assigns, has committed or allowed the commission of any of the following acts relating to the premises, or any portion thereof, covered by the approval:
a. Continued violation of the terms, limitations or conditions of approval after notice of the violation;
b. Violation of requirements of this Code relating to the premises or activities authorized;
c. Failure to abate a nuisance after notice;
d. Any suspension or revocation of a license or permit required by another agency for the entitlement authorized by the application approval;
e. Any act or failure to act resulting in the conviction of an applicant, operator, or employee of a violation of Federal or State law, or County or Town ordinance in connection with the operation of the entitlement authorized by the application approval.
(Ord. #2015-09, § 1)
32-4.19 Revocation Hearing; Notice.
Hearing on revocation shall be scheduled by the Planning Division before the decision making authority which approved the planning application. The Planning Division shall give notice of the hearing on revocation in the same manner as on an initial hearing to approve the application.
(Ord. #2015-09, § 1)
32-4.20 Revocation Hearing Procedure.
The hearing shall be conducted according to any rules of procedures adopted for initial hearing, except that the Town shall have the burden of proving the charges and shall open and close the hearing.
(Ord. #2015-09, § 1)
32-4.21 Revocation Hearing Decision.
The decision making authority hearing the revocation shall make its findings and render in decision in writing. The decision may order additional terms, limitations or conditions of approval, a specified probationary period for correction or implementation of new requirements, a future review at a time specified, or a combination of these, or revocation.
(Ord. #2015-09, § 1)
32-4.22 Appeal from Revocation.
If the applicant is dissatisfied with the decision, he may appeal as provided in subsection 32-4.7.
(Ord. #2015-09, § 1)