Danville City Zoning Code
ARTICLE VII
ADDITIONAL REQUIREMENTS FOR DEVELOPMENT
32-70 WIRELESS COMMUNICATION FACILITIES.
This chapter shall be titled the "Wireless Communication Facilities Ordinance for the Town of Danville." (Ord. #2018-07, § 2)
a. The Town of Danville intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the Town's territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Chapter are intended to, and should be applied to, consistent with and to the extent permitted under federal and California state law, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the Town's local values, which include without limitation the aesthetic character of the Town, its neighborhoods and community. This chapter is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interest is maintained on a case-by-case basis; (2) protecting the Town's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (3) protecting and preserving the Town's environmental resources; and (4) promoting access to high-quality, advanced wireless services for the Town's residents, businesses and visitors.
b. This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the Town may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the Town to preempt any applicable federal or California law. (Ord. #2018-07, § 2)
a. Approval authority means the Council, Commission, Board, or official responsible for review of applications and vested with the authority to approve or deny such applications.
b. Base station means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended.
c. CPCN means a "Certificate of Public Convenience and Necessity" granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code §§ 1001 et seq., as may be amended or superseded.
d. CPUC means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
e. FCC means the Federal Communications Commission or its duly appointed successor agency.
f. OTARD means any "over-the-air reception device" subject to 47 C.F.R. §§ 1.4000 et seq., as may be amended or superseded, which includes satellite television dishes not greater than one meter in diameter.
g. Personal wireless service facilities mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded, which defines the term as facilities that provide personal wireless services.
h. Personal wireless services mean the same as defined in 47 U.S.C. § 332(c) (7) (C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
i. RF means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.
j. Section 6409 means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96,126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
k. Shot clock means the presumptively reasonable time defined by the FCC in which a State or local government must act on an application or request for authorization to place, construct, or modify personal wireless service facilities.
l. Temporary wireless facilities means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels ("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable wireless facilities not permanently affixed to site on which is located.
m. Tower means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended or superseded.
n. Transmission equipment means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended or superseded. (Ord. #2018-07, § 2)
a. Applicable Wireless Facilities. Except as expressly provided otherwise in this chapter, the provisions in this chapter shall be applicable to all existing wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the Town's jurisdictional and territorial boundaries, on private property and within the public rights-of-way.
b. Exemptions. Notwithstanding section 32-70.4.a, the provisions in this chapter will not be applicable to: (1) wireless facilities owned and operated by the Town for public purposes; (2) wireless facilities installed on Town-owned support structures or other personal property in the public rights-of-way pursuant to a valid master license agreement with the Town; (3) amateur radio facilities; (4) OTARD antennas; and (5) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.
c. Special Provisions for Section 6409 Approvals. Notwithstanding section 32-70.4.a, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be reviewed under the application procedures in section 32-70.6 and the standards in section 32-70.13. A Land Use Permit under section 32-70.5 is not required for any request that qualifies for approval pursuant to Section 6409 under the standards in section 32-70.13. To the extent that the applicant's request does not qualify for approval under Section 6409, the applicant may submit the same or a substantially similar application for a Land Use Permit under the general provisions in this chapter.
d. Special provisions for Small Wireless Facilities in the Public Right-of-Way. Notwithstanding any other provision of this chapter, including any exemption under section 32-70.4.b, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, located in the public right-of-way are subject to a permit as specified in a Town Council policy to be adopted and amended by Town Council resolution. All small wireless facilities in the public right-of-way shall comply with the Town Council's policy. If the policy is repealed, an application for a small wireless facility in the public right-of-way shall be processed pursuant to this chapter.(Ord. #2018-07, § 2; Ord. #2019-03, § 2)
a. Land Use Permit - Administrative Review. A Land Use Permit, subject to the Chief of Planning's prior review and approval in accordance with the procedures and design regulations in this chapter, is required for:
2. Any wireless facility proposed to be located in the public rights-of-way that would be compliant with all applicable development standards in section 32-70.7 b-c.
b. Land Use Permit - Public Hearing Review. A Land Use Permit, subject to the Planning Commission's prior review and approval in accordance with the procedures and design regulations in this chapter, is required for:
1. Any wireless facility proposed on private property located in or within 250 feet from a residential district;
2. Any wireless facility that requires a limited exception pursuant to section 32-70.9.c;
3. Any wireless facility subject to an administrative review process but that has been referred to the Planning Commission by the Chief of Planning; and
4. Any wireless facility not identified as subject to an administrative review process in section 32-70.5.a.
c. Major Ridgeline and Scenic Hillside Areas. Any wireless facility proposed within any area identified by the Town as a Major Ridgeline or Scenic Hillside shall be subject to the review provisions in the Town's Major Ridgeline or Scenic Hillside Ordinance (Ordinance No. 29-84), as may be amended or superseded.
d. Architectural Review. Any architectural addition to accommodate or conceal transmission equipment proposed within the Downtown Business District shall be subject to the architectural review provisions in the Town's Downtown Business District Ordinance (Ordinance No. 96-08), as may be amended or superseded.
e. Temporary Wireless Permit. A temporary wireless permit, subject to the Chief of Planning's prior review and approval in accordance with the procedures and standards in section 32-70.11, is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to section 32-70.11.b.
f. Other Permits and Regulatory Approvals. In addition to any permit or approval required under this chapter, the applicant must obtain all other permits and regulatory approvals (such as compliance with the California Environmental Quality Act) as may be required by any other federal, state or local government agencies, which includes without limitation other any permits and/or approvals issued by other Town departments or divisions. Furthermore, any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/ or legal requirements associated with such other permits or approvals. (Ord. #2018-07, § 2)
a. Application Required. The approval authority shall not approve any request to place, construct or modify any wireless facility except upon a complete and duly filed application consistent with this section 32-70.6 and any other written rules the Town or the Chief of Planning may establish from time to time in any publicly-stated format.
b. Application Content. All applications for a Land Use Permit or section 6409 approval (as that term is defined in section 32-70.13) must include all the information and materials required by the Chief of Planning for the application. The Town Council authorizes the Chief of Planning to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Chief of Planning finds necessary, appropriate or useful for processing any application governed under this chapter. All applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions. All applications for wireless facilities in the public rights-of-way shall also contain sufficient evidence (such as a valid CPCN) of the applicant's regulatory status as a telephone corporation under the California Public Utilities Code. The Town Council further authorizes the Chief of Planning to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Chief of Planning deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice.
c. Procedures for a Duly Filed Application. Any application for a Land Use Permit or section 6409 approval will not be considered duly filed unless submitted in accordance with the procedures in this section 32-70.6.c.
1. Pre-Submittal Conference. Before either planning or building application submittal, the applicant must schedule and attend a pre-submittal conference with the Chief of Planning for all proposed projects that: (1) require Planning Commission approval; (2) involve more than five wireless facilities in the public right-of-way; (3) involve any wireless facilities proposed to be located in the public rights-of-way in or within 250 feet from a residential district; or (4) involve a Section 6409 collocation, modification or other change to an existing camouflaged or concealed facility. Pre-submittal conferences for all other proposed projects are strongly encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other Town departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that Town staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Planning Division shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the Town for its reasonable costs to provide the services rendered in the pre-submittal conference.
2. Submittal Appointment. All applications must be submitted to the Town at a pre-scheduled appointment with the Chief of Planning. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The Chief of Planning shall use reasonable efforts to provide the applicant with an appointment within five working days after the Chief of Planning receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the Chief of Planning at a pre-submittal conference.
d. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Planning Division within 90 calendar days after the Chief of Planning deems the application incomplete in a written notice to the applicant. The Chief of Planning may, in the Chief of Planning's discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.
e. Peer and Independent Consultant Review. The Town Council authorizes the Chief of Planning to, in the Chief of Planning's discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Chief of Planning in connection any permit application. The Chief of Planning may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include without limitation:
1. permit application completeness and/or accuracy;
2. pre-construction planned compliance with applicable regulations for human exposure to RF emissions;
3. post-construction actual compliance with applicable regulations for human exposure to RF emissions.
4. whether and to what extent a proposed project will address a gap in the applicant's wireless services;
5. whether and to what extent any technically feasible and/or potentially available alternative sites or concealment techniques may exist;
6. the applicability, reliability and/ or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the Town's discretion to review;
7. any other issue identified by the Chief of Planning that requires expert or specialized knowledge.
f. The Chief of Planning may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with Town staff and/or the applicant. In the event that the Chief of Planning elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include without limitation any costs incurred by the independent consultant to attend and participate in any meetings or hearings. Before the independent consultant may perform any services, the applicant shall tender to the Town a deposit in an amount equal to the estimated cost for the services to be provided, as determined by the Chief of Planning. The Chief of Planning may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant's services. In the event that the deposit exceeds the total costs for consultant's services, the Chief of Planning shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the Building Official or his or her designee. In the event that the reasonable costs for the independent consultant's services exceed the deposit, the Chief of Planning shall invoice the applicant for the balance. The Town shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices. (Ord. #2018-07, § 2)
a. Preferred Locations. When evaluating an application for a Land Use Permit for compliance with this chapter, the approval authority will take into account whether any or more preferred locations are technically feasible and potentially available. Any locations within the downtown business district, within 250 feet from a residential dwelling, attached to a decorative light standard or otherwise not listed below in this section 32-70.7 shall be considered "discouraged." All applicants for a Land Use Permit must propose new wireless facilities in locations according to the following preferences, ordered from most preferred to least preferred:
1. Private property and existing or replacement structures in the public rights-of-way outside the downtown business district and not within 250 feet from a residential dwelling;
2. Private property and existing or replacement structures in the public rights-of-way within general open space districts and not within 250 feet from a residential dwelling;
3. Private property and existing or replacement structures in the public rights-of-way within public and semi-public districts and not within 250 feet from a residential dwelling;
4. New, non-replacement structures in the public rights-of-way within general open space districts and not within 250 feet from a residential dwelling; and
5. New, non-replacement structures in the public rights-of-way within public and semi-public districts and not within 250 feet from a residential dwelling.
6. Existing or replacement structures in the public rights-of-way on major arterial streets not within 125 feet of a residential dwelling;
7. New, non-replacement structures in the public rights-of-way on major arterial streets not within 125 feet of a residential dwelling.
b. General Development Standards. All new wireless facilities and collocations, modifications or other changes to existing wireless facilities that require a Land Use Permit under this chapter must conform to the generally applicable development standards in this section 32-70.7.b.
1. Concealment. All wireless facilities must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. In addition, wireless facilities in the public rights-of-way may not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.
2. Overall Height. All wireless facilities must be compliant with the maximum height limits applicable in the subject land use district; provided, however, that (1) completely stealth wireless facilities on private property in a preferred location may exceed the maximum height limit by not more than 10 feet; (2) concealed wireless facilities in the public rights-of-way on poles with electrical lines may exceed the maximum height limit by not more than the minimum separation from electrical lines required by CPUC General Order 95, plus four feet; and (3) concealed wireless facilities in the public rights-of-way on poles without electrical lines may exceed the maximum height limit by not more than four feet.
3. Setbacks. Wireless facilities on private property must be compliant with all setback requirements applicable in the subject land use district.
4. Noise. Wireless facilities and all transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, such regulations. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/ or strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
5. Landscaping. All wireless facilities must include landscape features and a landscape maintenance plan when proposed to be placed in a landscaped area. The approval authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this section 32-70.7.b.l0. All plants proposed or required must be native and/or drought-resistant.
6. Site Security Measures. Wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft or vandalism. All wireless facilities shall be constructed from graffiti-resistant materials. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the security measures and other improvements into the natural and/ or built environment. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures.
7. Backup Power Sources. The approval authority may not approve permanent backup power sources within the public rights-of-way that emit noise or exhaust fumes.
8. Lights. Wireless facilities may not include exterior lights other than as may be required under FAA, FCC, other applicable governmental regulations or applicable pole owner policies related to public or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. The provisions in this subsection shall not be interpreted to prohibit installations on street lights or the installation of luminaires on new poles when required by the approval authority.
9. Signage; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the Town, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations.
10. Future Collocations and Expansions. To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The approval authority may waive the requirements in this section 32-70.7.b.10 when the approval authority determines future collocations at a proposed wireless facility would be aesthetically undesirable.
11. Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. To the extent feasible, undergrounded cables and wires must transition directly into the pole base without any external doghouse. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna.
12. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, General Plan and any applicable specific plan, the Danville Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
13. Public Safety. All wireless facilities shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure or any other public health or safety facility. No person shall install, use or maintain any facilities, which in whole or in part rest upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facilities unreasonably interfere with or unreasonably impede the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near the location where the wireless facilities are located.
c. Design Guidelines. The Chief of Planning may develop, and from time to time amend, design guidelines consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this chapter for Town staff, applicants and the public. The design guidelines shall provide more detailed standards to implement the general principals articulated in this section 32-70.7, and may include specific standards for particular wireless facilities or site locations, but shall not unreasonably discriminate between functionally equivalent service providers. The design guidelines, and any subsequent amendments, shall not be effective unless approved by a resolution adopted by the Planning Commission. In the event that a conflict arises between the development standards specified in this chapter and the design guidelines adopted under this section 32-70.7.C, the development standards specified in this chapter shall control. (Ord. #2018-07, § 2)
b. Deemed-Approval Notice. Not more than 30 days before the applicable shot clock expires, and in addition to any public notice required prior to a decision, an applicant for a Land Use Permit must provide a posted notice at the project site that contains (1) a statement the project will be automatically deemed approved pursuant to California Government Code § 65964.1 unless the Town approves or denies the application or the applicant voluntarily agrees to toll the timeframe for review within the next 30 days; (2) a general description for the proposed project; (3) the applicant's name and contact information as provided on the application submitted to the Town; and (4) contact information for the Planning Division. The public notice required under this section 32-70.8.C will be deemed given when the applicant delivers written notice to the Planning Division that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this chapter, the approval authority shall be permitted to act on an application for a Land Use Permit at any time so long as any applicable prior public notice in this section 32-70.8.C has occurred.
c. Decision Notice. Within five calendar days after the approval authority acts on a Land Use Permit application governed under this chapter or before the shot clock expires (whichever occurs first), the approval authority or its designee shall send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal. (Ord. #2018-07, § 2)
a. Required Findings. The approval authority may approve or conditionally approve an application for a Land Use Permit submitted under this chapter when the approval authority finds all of the following:
1. The approval authority can make all the findings required for a Land Use Permit in accordance with Danville Municipal Code § 32-3.5;
2. The proposed wireless facility complies with all applicable development standards in section 32-70.7 and any applicable provisions in the Town's design guidelines; and
3. The applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and
4. The applicant has proposed to place the wireless facility in the most-preferred location or, if the wireless facility is not proposed in the most-preferred location, the applicant has demonstrated a good-faith effort to identify and evaluate more-preferred alternative locations through a meaningful comparative analysis; and
5. The applicant has provided the approval authority with a meaningful comparative analysis that shows all more-preferred alternative designs identified in the administrative record are either technically infeasible or unavailable.
b. Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this chapter is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any Land Use Permit application governed under this chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the Danville Municipal Code and/ or this chapter.
c. Limited Exception. In the event that an applicant claims that strict compliance with the development standards in section 32-70.7 would effectively prohibit the applicant's ability to provide personal wireless services, the Planning Commission may grant a limited exception from such requirements in accordance with this section 32-70.C.
1. Required Findings for a Limited Exception. The Planning Commission shall not grant any limited exception unless the applicant shows that:
i. The proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded;
ii. The applicant has provided the Planning Commission with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;
iii. The applicant has provided the Planning Commission with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter;
iv. The applicant has provided the Planning Commission with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the Town, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and
v. The applicant has demonstrated to the Planning Commission that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area.
2. Scope. Any limited exception shall be narrowly tailored to ensure that any deviations from the development standards in section 32-70.7 are no greater than necessary to avoid an effective prohibition of the applicant's personal wireless services. Limited exceptions shall be based on the facts and circumstances of the applicant, its demonstrated technical service objectives at the time the exception is granted and the proposed wireless facility, and shall not be deemed to establish any precedent for similar deviations for the same or any other applicant, location or wireless facility.
d. Appeals. Within ten (10) days after the approval authority approves or denies any application for a Land Use Permit, any interested person may file an appeal for cause in accordance with the provisions in Danville Municipal Code § 32-4.7; provided, however, that appeals from an approval shall not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines. (Ord. #2018-07, § 2)
a. Conditions Adopted by Town Council Resolution. The Town Council may, either on its own motion or upon a recommendation from the Chief of Planning, adopt by resolution standard conditions of approval for wireless facilities subject to this chapter. All wireless facilities, whether approved by the approval authority or deemed approved or deemed granted by law shall be automatically subject to all such standard conditions of approval as may be adopted in a resolution by the Town Council.
b. Modifications to Standard Conditions. The approval authority (or the appellate authority) shall have discretion to modify or amend any standard conditions of approval on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Danville Municipal Code and/or this chapter. (Ord. #2018-07, § 2)
a. Non-Emergency Temporary Wireless Facilities. Except as provided in section 32-70.11.b, the requirements, procedures and standards in this section shall be applicable to all applications for a Temporary Use Permit for a temporary wireless facility.
1. Administrative Review. A duly filed application shall be reviewed for completeness. After the Chief of Planning deems the application complete, the Chief of Planning shall review the application for conformance with the required findings and render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.
2. Required Findings. The Chief of Planning may approve or conditionally approve a Temporary Use Permit for a temporary wireless facility only when the Chief of Planning finds:
i. The proposed temporary wireless facility will not exceed the overall zone height limit of the zoning district in which it is located;
ii. The proposed temporary wireless facility complies with all setback requirements applicable to the proposed location;
iii. The proposed temporary wireless facility will not involve any excavation or ground disturbance;
iv. The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which include without limitation maximum permissible exposure limits for human exposure to RF emissions established by the FCC;
v. The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location;
vi. The proposed temporary wireless facility will be identified with a sign that clearly identifies the (i) site operator, (ii) the operator's site identification name or number and (iii) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert power-down control over the antennas;
vii. The proposed wireless temporary wireless facility will be removed within 30 days after the Chief of Planning grants the temporary use permit, or such longer time as the Chief of Planning finds reasonably related to the applicant's need or purpose for the temporary wireless facility (but in no case longer than one year); and
viii. The applicant has not been denied an approval for any permanent wireless facility in substantially the same location within the previous 365 days.
3. Appeals. Any applicant may appeal the Chief of Planning's written decision to deny an application for a Temporary Use Permit for a temporary wireless facility. The written appeal together with any applicable appeal fee must be tendered to the Town within 10 days from the Chief of Planning's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The Town Manager shall be the appellate authority. The Town Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
b. Emergency Temporary Wireless Facilities. Temporary wireless facilities may be placed and operated within the Town without a Temporary Use Permit only when a duly authorized federal, state, county or Town official declares an emergency within a region that includes the Town in whole or in part. Any temporary wireless facilities placed must be removed within five days after the date the emergency is lifted. Any person or entity that places temporary wireless facilities pursuant to this section 32-70.11.b must send a written notice that identifies the site location and person responsible for its operation to the Chief of Planning as soon as reasonably practicable under the circumstances. (Ord. #2018-07, § 2)
Any nonconforming wireless facilities in existence at the time this chapter becomes effective must be brought into conformance with this chapter in accordance with the amortization schedule in this section 32-70.12. As used in this section, the "fair market value" will be the construction costs listed on the building permit or application for the subject wireless facility and the "minimum years" allowed will be measured from the date on which this chapter becomes effective.
Fair Market Value Minimum Years Allowed on Effective Date
Less than $50,000 5
$50,000 to $500,000 10
Greater than $500,000 15
The Chief of Planning may grant a written extension to a date certain when the wireless facility owner shows (1) a good faith effort to cure non-conformance; (2) the application of this section would violate applicable laws; or (3) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Chief of Planning may not grant any permanent exemption from this section.
Nothing in this section is intended to limit any permit term to less than ten (10) years. In the event that the amortization required in this section would reduce the permit term to less than 10 years for any permit granted on or after January 1, 2007, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the Town granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility. (Ord. #2018-07, § 2)
a. Applicability. Notwithstanding anything to the contrary in this chapter, this section 32-70.13 applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409. However, the applicant may voluntarily elect to seek a Land Use Permit under section 32-70.5.
b. Additional Section 6409 Definitions. In addition to the definitions in section 32-70.3, the abbreviations, phrases, terms and words used in this section 32-70.13 will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
1. Collocation means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended.
2. Eligible facilities request means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended.
3. Eligible support structure means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended.
4. Existing means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended.
5. Site means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended.
6. Substantial change means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended.
c. Required Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409 shall require an approval in such form determined by the Chief of Planning consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station (each amendment a "section 6409 approval"). Each section 6409 approval shall be subject to the Chief of Planning's approval, conditional approval or denial without prejudice pursuant to the standards and procedures in this section 32-70.13. However, the applicant may voluntarily elect to seek a major or minor wireless permit subject to the general standards and procedures in this chapter.
d. Decisions; Appeals.
1. Administrative Review. The approval authority shall review a complete and duly filed application for a section 6409 approval, and may act on such application without prior notice or a public hearing.
2. Decision Notices for Denials. In the event that the approval authority denies the application, the written notice to the applicant must contain (1) the reasons for the decision; (2) a statement that denial will be without prejudice; and (3) instructions for how and when to file an appeal.
3. Required Findings for Approval. The approval authority may approve or conditionally approve an application any application for a section 6409 approval when the approval authority finds that the proposed project:
i. Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and
ii. Does not substantially change the physical dimensions of the existing wireless tower or base station.
4. Criteria for Denial without Prejudice. Notwithstanding any other provision in this chapter, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a section 6409 approval when the approval authority finds that the proposed project:
i. Does not meet the findings required in section 32-70.13.d.3;
ii. Involves the replacement of the entire support structure; or
iii. Violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.
4. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this section 32-70.13 is intended to limit the approval authority's authority to conditionally approve an application for a section 6409 approval to protect and promote the public health and safety.
5. Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within ten calendar days from the approval authority's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The Town Manager shall be the appellate authority for all appeals from the approval authority's written decision to deny without prejudice an application for section 6409 approval. The Town Manager shall review the application de novo without notice or a public hearing; provided, however, that the Town Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this section 32-70.13 and any other applicable laws. The Town Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals. (Ord. #2018-07, § 2)
32-69.1 Findings and Declaration of Intent.*
a. The Town Council finds that:
1. There are hills and ridges within the Town which because of their physical dominance of the Town's landscape constitute significant natural topographical features and comprise a large part of the natural open space and scenic resources of the community;
2. It is desirable to require in these areas an alternative approach to traditional and conventional flat land practices of residential development, to keep grading and cut and fill operations consistent with the retention of the natural character of the hillside and ridgeline areas, and to preserve the predominant views both from and of the hillside and ridgeline areas;
3. Passive open spaces are desirable and necessary to maintain the quality of life enjoyed by the residents of the community;
4. The retention of scenic hillsides and ridgelines in as near a natural state as is feasibly consistent with the rights granted by law to property owners to develop their properties is important to the community's aesthetic qualities and will preserve a desirable visual identity of the Town;
5. Hillside development requires special attention to the provision of public facilities and improvements in order to protect the heath and safety of human life and property;
6. The repair and stabilization of unsafe slide areas is crucial to the health, safety and welfare of the community, and to the preservation of both public and private investments in such areas;
7. The Town recognizes that each property has its own unique characteristics, including, but not limited to topography, tree cover and visual impact. The regulations in this chapter are intended to provide flexibility in the treatment of the development of individual properties as indicated by their uniqueness rather than to provide a fixed set of strict standards applicable in the same manner to all properties. In this way each property can be developed to its full potential consistent with the land use constraints as imposed by this chapter and other applicable land use regulations; and
8. The imposition of the regulations imposed by this chapter may protect the Town from liability for soils instability by requiring that consideration be given to the presence of critically expansive soils or other soils problems.
b. The purposes of this section are to:
1. Preserve significant features of scenic hillsides and major ridgeline areas in essentially their natural state as part of a comprehensive open space system;
2. Keep the semi-rural qualities of the Town by preserving its open and uncluttered natural topographic features;
3. Encourage in these areas an alternative approach to conventional flat land practices of development;
4. Keep grading and cut and fill operations consistent with the retention of the natural character of the scenic hillsides and major ridgelines;
5. Minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-site and off-site development needs;
6. Insure that the open space as shown on any Development Plan is consistent with the open space element shown on the General Plan;
7. Preserve the predominant views of the scenic hillsides and major ridgelines and to retain the sense of identity and image that these areas now impart to the Town and its environs;
8. Require retention of trees and other vegetation which stabilize slopes, retain moisture, minimize erosion and enhance the natural scenic beauty and safety qualities of the hills;
9. Require planting whenever appropriate to maintain necessary cut-and-fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view; and
10. Require retention of natural landmarks and prominent natural features that enhance the character of the Town. (Ord. #29-84, §8-5001; Ord. #2002-03, §2)
* Editor's Note: Section #2 of Ord. #29-84 provides as follows:
Section 2. The requirements of this ordinance do not apply to the following:
(1) A project for which a building permit was issued before the effective date of this ordinance;
(2) A project for which a complete building permit application was submitted before adoption of Ordinance No. 27-84 (An Interim Ordinance to Suspend Development Along Ridgeline Areas) or any extension thereof; or
(3) A valid tentative subdivision map approved before the effective date of this ordinance. However, the development of parcels created by such tentative subdivision maps shall not be exempt from the provisions of this ordinance.
32-69.2 Definitions.
In this section unless the context otherwise requires:
Major ridgeline areas means lands situated at the crest of a range of hills or mountains. When referring to land or areas to which this section applies, major ridgeline areas shall be as identified on Figure 10 of the Danville 2010 General Plan, as may be amended from time to time.
Scenic hillside areas means lands with elevated land formations with unique visual character. When referring to land or areas to which this section applies, scenic hillside areas shall be as identified on Figure 10 of the Danville 2010 General Plan, as may be amended from time to time. (Ord. #29-84, §8-5002; Ord. #2002-03, §2)
32-69.3 Applicability and Relation to Other Land Use Regulations.
a. This section applies to scenic hillside and major ridgeline areas which are shown and defined as such on Figure 10 of the Danville 2010 General Plan, as may be amended from time to time.
b. Both the regulation established under the zoning district to which the land is classified and this section shall apply to lands identified as scenic hillside and major ridgeline areas. If there is a conflict between this section and the land use regulations established under the zoning district, this section and the regulations, requirements, and the conditions imposed under the authority of this section shall control. (Ord. #29-84, §8-5003; Ord. #2002-03, §2)
32-69.4 Uses and Development of Lands Identified as Scenic Hillside or Major Ridgeline Areas.
a. Permitted Uses. The uses and conditional uses permitted on lands identified as scenic hillside or major ridgeline areas shall be as established under the zoning district in which the site is located.
b. Prohibited Development. No development is permitted within one hundred (100) feet (measured vertically) of the centerline of a major ridgeline (the line running along the highest portion), except when an exception is granted by the Planning Commission in accordance with subsection 32-69.10.
c. Development Prohibited Without Permit. Except as provided under subsection 32-69.12, no person may grade, clear, construct upon or alter scenic hillside or major ridgeline areas without approval granted under this section.
d. Subdivisions. The subdivision of lands identified as major ridgeline or scenic hillside areas shall not result in the creation of a building site within one hundred (100) feet (measured vertically) below the centerline of a major ridgeline, the creation of a lot that does not have a building site on a slope less than thirty percent (30%) in steepness, or in any way results in a building site which does not comply with any of the requirements within this section.
e. Grading. No grading which results in the movement of twenty-five (25) or more cubic yards of soil within lands identified as scenic hillside or major ridgeline area shall be allowed without a hillside grading permit. A scenic hillside or major ridgeline development plan permit may be required, at the discretion of the Chief of Planning, prior to the issuance of a hillside grading permit. Factors in determining the need for a scenic hillside or major ridgeline development plan permit shall include visibility of the site, impacts on mature trees, drainage issues, the steepness of the site, and geotechnical stability. The movement of one hundred (100) or more cubic yards of soil shall not be allowed without the approval of both a hillside grading permit and scenic hillside or major ridgeline development plan permit.
f. Development Standards. No person may construct improvements on lands identified as scenic hillside or major ridgeline areas, nor shall any building or other permit be issued, unless or until the applicant has complied with the development standards contained within subsection 32-69.7.
(Ord. #29-84, §8-5004; Ord. #2002-03, § 2; Ord. #08-07, § 2)
32-69.5 Application for Scenic Hillside or Major Ridgeline Development Permit.
a. Requirement for Permit. A person who desires to erect a structure on, or to grade or improve lands identified as scenic hillside or major ridgeline areas, or to make exterior modifications to existing structures located upon such lands, must receive a scenic hillside or major ridgeline development plan permit. The application may be combined with an application for a land use permit, tentative subdivision map, rezoning, or other land use entitlement.
b. Application and Information. An applicant shall file an application on a form provided by the Town. The Chief of Planning will also require supplemental plans and information needed to properly review the application, including, but not limited to, the following:
1. Site Development Plan. A site development plan, drawn at a one (1) inch equals twenty (20) feet scale (or as otherwise authorized by the Chief of Planning), showing the location and outline of all existing and proposed structures, streets, parking areas, retaining walls, limits of grading, utilities, and the location of nearby homes on adjacent properties.
2. Tree Survey Plan. An accurately drawn tree survey plan, drawn at a one (1) inch equals twenty (20) feet scale (or as otherwise authorized by the Chief of Planning), showing the location, size and species of all trees greater than four (4) inches in diameter measured four and one-half (4 1/2) feet above the ground. The plan shall indicate any trees which are proposed to be removed.
3. Tree Report. A tree report, prepared by a certified arborist and listing all trees shown on the tree survey plan. For all trees determined to be protected trees, as defined by Section 32-79, the report shall evaluate the health of the trees and shall identify any mitigation measures that should be employed to maximize the long term health of the trees. If development is proposed to occur within the dripline of any protected tree, the report shall evaluate the potential impact of the development of the tree(s), and recommend mitigation measures to prevent or minimize damage to the tree(s).
4. Geotechnical and Soils Report. A preliminary geotechnical and soils investigation and report prepared by a certified engineering geologist licensed by the State of California or by a registered civil engineer qualified in soils mechanics by the State of California. The report shall identify any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site. The report shall include recommendations for corrective measures deemed necessary to prevent potential damage to the proposed development and adjacent properties. The report shall take into consideration geotechnical and soil issues related to the specific design and features of the subject development plan application, as found necessary by the City Engineer.
5. Preliminary Grading Plan. A preliminary grading plan indicating existing and proposed grades on a drawing to a scale of not less than one (1) inch equals twenty (20) feet, and contours at intervals not greater than two (2) feet. The plan shall show the location of all existing and proposed retaining walls over two (2) feet in height.
6. Preliminary Landscape and Irrigation Plan. A preliminary landscape and irrigation plan with planting shown at a one (1) inch equals twenty (20) feet scale (or as otherwise authorized by the Chief of Planning) showing the proposed type and location of plant materials, preliminary irrigation design, and hardscape to be installed as part of the development. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five (5) year period of time.
7. Architectural Plans. Architectural design plans showing all four (4) exterior elevations, floor and roof plans of new or modified structures. The elevations shall be drawn in a hard-line manner to clearly depict all proposed features of the architecture. The plans shall include notes and section drawings as necessary to clearly define all details of the architecture. A design review board submittal requirement checklist, available through the Danville Planning Division, must be completed and submitted along with any architectural plans related to a scenic hillside or major ridgeline development plan application.
8. Lighting Plan. An exterior lighting plan showing the proposed location and design, including the lighting fixture design, of all existing and proposed exterior lights.
9. Drainage Plan. A drainage plan showing existing and proposed drainage improvements to accommodate storm water run-off from the development. (Note: A hydraulic/hydrologic study may be required if determined necessary by the City Engineer.)
10. Section Drawing. Section drawings drawn through the highest portion of all structures proposed under a development plan request. For sloping building sites, the section drawing must be drawn from a point located a minimum of fifty (50) feet above the proposed development to a point located a minimum of fifty (50) feet below the proposed development. The section drawing shall show the location of the natural grade, proposed cut and/or fill, and the proposed structure.
11. Story Poles/Footprint Stakes. Unless otherwise approved by the Planning Division, the applicant shall be required to install story poles and to stake and paint, or chalk, the outline of the proposed structure's footprint. The story poles shall be constructed to depict the maximum height of the primary ridgeline of the structure. Story poles shall be constructed using sturdy materials. Red flags shall be affixed to the top of each story pole. The story poles and stakes shall be established on the site a minimum of ten (10) days prior to any Design Review Board, Planning Commission and/or Town Council meeting on the project, and shall be maintained as required until after each hearing. Failure to comply with this requirement may result in a delay in the hearing schedule for the project.
c. Designation of Reviewing Body. The reviewing body is the authority charged with the duty of acting on a scenic hillside or major ridgeline development plan request. For an application that requires only grading or building permit approval for lands identified as scenic hillside areas, the Chief of Planning shall be the reviewing body. At the discretion of the Chief of Planning, such application may be referred to the Design Review Board and/or the Planning Commission for consideration. In all other cases requiring processing of a scenic hillside or major ridgeline development plan application, the Planning Commission shall be the approving body. (Ord. #29-84, §8-5005; Ord. #2002-03, §2)
32-69.6 Minimum Lot Area for Lands Identified as Scenic Hillside or Major Ridgeline Areas.
The minimum lot area shall not be less than that prescribed by the applicable land use district and which is consistent with the general plan. However, the required lot areas may be required to be larger than the minimum allowable lot size when the reviewing body finds that it is necessary to do so because of the physical terrain, such as slopes greater than thirty (30%) percent or areas of geotechnical instability, in order to assure that there will be suitable building site for the approved use. In determining whether it is necessary to increase or decrease the lot area, the reviewing body shall apply the standards set forth in subsection 32-69.7. (Ord. #29-84, §8-5006; Ord. #2002-03, §2)
32-69.7 Hillside Development Standards.
Development of lands identified as scenic hillside of major ridgeline areas shall comply with the following development standards.
a. Structure Height. The maximum height of the primary residence constructed on lands identified as major ridgeline or scenic hillside areas shall be twenty-eight (28) feet. For homes with a finished grade building elevation located within twenty-eight (28) feet (measured vertically) below the centerline of a major ridgeline (requiring approval of an exception as outlined in this section), the maximum height of the primary residence shall be limited to twenty-four (24) feet. The maximum height of any accessory structure on such lands shall be fifteen (15) feet.
The maximum allowable height of any structures shall be measured vertically, at any point of the footprint of the proposed structure, from either natural grade or finished grade building elevation, whichever is lower. These height limits do not apply to chimneys or other minor architectural features.
b. Mass. The design of the primary residence or accessory structure(s) shall minimize the perception of excessive bulk. Structures constructed on slopes shall utilize stepped foundations. Architecture shall include sufficient variation to avoid large flat wall areas and to create shade and shadow. Two-story vertical walls and long, uninterrupted roof ridgelines shall be avoided.
c. Colors/Materials. Exterior colors for all structures shall be muted with the intent of blending into the surrounding natural environment. Colors such as browns and tans are considered appropriate on lands identified as scenic hillside or major ridgeline areas. Natural materials such as wood siding are preferred. Roof materials shall be dark in color and non-reflective, or as otherwise approved through the permit process. Red tile roofs are expressly prohibited. Mockups of the exterior colors shall be provided on the structure, as determined necessary by the Chief of Planning, for final review and approval by the Planning Board (whichever was the approving body) prior to the painting of the structure.
Any future addition shall match the approved colors and materials for the primary structure. Any change to the approved colors and materials shall require approval of a revised scenic hillside or major ridgeline development plan application. A deed notification shall be required to be recorded to run with the title of the property which notifies future property owners of the color and materials restrictions.
d. Landscaping. When a development is proposed on lands identified as scenic hillside or major ridgeline areas, tree planting to help screen the development from view shall be established. Trees shall be of a native variety and shall be planted in a natural pattern to break up the mass of the structure. Palm trees shall not be allowed (see hillside/ridgeline design guidelines for recommended tree list). Trees shall be minimum fifteen (15) gallon box specimen size. Depending on the visibility and need for immediate screening, trees may be required to be twenty-four (24) to forty-eight (48) inch box specimen size. Automatic drip irrigation for the trees shall be required until the trees are established, with a minimum of two (2) years. The trees shall be maintained in a healthy growing condition on the site.
When trees are required to be planted to mitigate visual impacts of a proposed development, the applicant shall submit a cash deposit, or other security acceptable to the Chief of Planning, in the minimum amount of five thousand ($5,000) dollars with a maximum amount of fifteen thousand ($15,000) dollars. After two (2) full growing seasons, the Planning Division shall inspect the health of the trees that were required to be planted. Prior to the Town's release of the security deposit, the applicant shall be required to replace any of the required trees that have not survived. Where replacement trees are required to be planted, the two (2) year security period shall be repeated. However, upon approval by the Chief of Planning, the amount of the security may be reduced to reflect the estimated value of the replacement trees.
Prior to the issuance of permits to initiated the approved development, the applicant shall be required to record a declaration to run with the title of the property to notify subsequent property owners of the obligation to maintain the required trees on the site in a healthy condition.
e. Vegetation. Existing native vegetation on a site proposed for development, including trees, shrubs, and grasses, shall be preserved to the extent possible, during and after construction, and shall be consistent with any recommendations contained within an arborists report prepared for the project.
f. Grading. Grading of a site shall be limited to the minimum level necessary to reasonably develop the site. Establishment of large flat pads and yard areas on slopes greater than twenty (20%) percent shall be discouraged. The use of extensive retaining wall systems to develop building pad areas and/or yard areas serving the residence shall be avoided.
g. Fencing. All fencing shall be open wire fencing. Fence posts shall be natural wood color, or painted a dark color. Solid wood fencing within thirty (30) feet of the primary structure may be considered through the development plan review process where such fences are found not to result in negative visual impacts.
h. Lighting. Exterior lighting shall be established and maintained at minimal functional levels of brightness. Light sources shall be screened to direct light onsite and to screen the light source from offsite views. Light fixtures shall be kept low to the ground. (Ord. #29-84, §8-5007;Ord. #2002-03, §2)
32-69.8 Additional Development Requirements.
The reviewing body may impose additional restrictions or requirements related to the development of a parcel located within identified scenic hillside or major ridgeline areas. These additional restrictions may be required if it is found that the parcel requires additional protection because of its prominence and location or if it is determined that there may be exceptional hazards related to its development. Such additional restrictions or requirements must be consistent with the requirements of this section. (Ord. #29-84, §8-5008; Ord. #2002-03, §2)
32-69.9 Dedication.
The reviewing body may require as a condition of approval the dedication of (a) scenic easement(s) covering the remaining undeveloped areas of a parcel approved for development. No development that alters the natural appearance of the land, including the construction of structures or grading, shall be allowed within the area covered by the scenic easement(s). Non-native plantings, such as vineyards or orchards may be considered on a case by case basis through the development review process. (Ord. #29-84, §8-5009; Ord. #2002-03, §2)
32-69.10 Exception to Permit Development Within One Hundred (100) Feet of Major Ridgeline.
An exception to modify paragraphs b. and d. of subsection 32-69.4 to permit development within one hundred (100) feet (measured vertically) of the centerline of a major ridgeline may be granted by the Planning Commission in accordance with the zoning ordinance when the Planning Commission finds any one (1) of the following:
a. Due to the application of this section, a structure could not otherwise be constructed on the parcel;
b. Development is designed to take place as far beneath the centerline of the major ridgeline as practical; or
c. The proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes set forth in subsection 32-69.1.b. (Ord. #29-84, §8-5010; Ord. #2002-03, §2)
32-69.11 Map.
a. Figure 10 of the Danville 2010 General Plan Map, showing the land subject to this section and referred to in subsection 32-69.3a, is attached to this section and incorporated by reference.
*
b. If, in fixing the boundaries of lands identified as scenic hillside or major ridgeline areas as shown on Figure 10 of the Danville 2010 General Plan in relation to a specific parcel of property, there is uncertainty or dispute as to whether a property is subject to this section, the applicant shall prepare a precise topographic study fixing the location of the property in relation to the centerline of the pertinent adjoining major ridgeline. (Ord. #29-84, §8-5011; Ord. #2002-03, §2)
* Editor's Note: The Danville General Plan Map may be found in the Office of the Planning Director of the Town of Danville.
32-69.12 Exceptions to Section 32-69.
This section does not apply to:
a. Emergency site maintenance and emergency site repairs;
b. A one-time, first-story building addition, with a maximum height of fifteen (15) feet, containing less than one hundred (100) square feet of floor area; or
c. Animal-secure wire fencing;
d. As to scenic hillside areas only, the performance of work for which neither a building permit, grading permit, conditional use permit, subdivision map approval or other land use entitlement is required. (Ord. #29-84, §8-5012; Ord. #2002-03, §2)
32-69.13 Exception.
Any proposed development within lands identified as major ridgeline or scenic hillside areas that is not consistent with the development standards contained within this section shall require the approval of an exception by the Planning Commission during a noticed public hearing. In order to grant an exception, the Planning Commission must determine that the exception will not result in development which is contrary to the purposes of this section as set forth in subsection 32.69.1.b. (Ord. #29-84, §8-5013; Ord. #2002-03, §2)
32-69.14 Appeal.
A person desiring to appeal a decision made under this section may do so under Section 30-7 of the Danville Municipal Code. (Ord. #2002-03, §2)
32-71.1 Purpose.
It is the policy of the Town, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the Town to comply fully with the intent and purpose of fair housing laws.
(Ord. #2014-09, § 1; Ord. 2015-08, § 1; Ord. 2025-01, § 1)
32-71.2 Applicability.
Reasonable accommodation in the land use and zoning context means providing individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.
(Ord. #2014-09, § 1; Ord. 2015-08, § 1; Ord. 2025-01, § 1)
32-71.3 Requesting Reasonable Accommodation.
a. Request. A disabled person may request a reasonable accommodation in the application of the Town’s land use and zoning regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the Town’s land use and zoning regulations. A reasonable accommodation without the need for the approval of a variance, conditional use permit, or other discretionary permit may be granted ministerially in compliance with this chapter.
(Ord. #2014-09, § 1; Ord. 2015- 08, § 1; Ord. 2025-01, § 1)
32-71.4 Application Requirements.
a. Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as a land use permit, development plan, general plan amendment, rezoning, subdivision map), then the applicant shall submit the information required by subsection a. at the same time as the application for the required discretionary permit.
b. Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
(Ord. #2014-09, § 1; Ord. 2015- 08, § 1; Ord. 2025-01, § 1)
32-71.5 Approval Authority; Notice; Decision.
a. Approval authority.
1. Chief of Planning. A request for reasonable accommodation shall be reviewed by the Chief of Planning or their designee, if no approval is required other than the request for reasonable accommodation. The Chief of Planning or their designee shall make a written determination within 30 days of the application being deemed complete, and either grant, grant with modifications, or deny a request for reasonable accommodation, based on the findings set forth in Danville Municipal Code subsection 32-71.6. The decision shall be in writing and sent to the applicant.
b. Notice. Reasonable accommodation requests acted upon by the Chief of Planning are ministerial, requiring no public notification.
(Ord. #2014-09, § 1; Ord. 2015- 08, § 1; Ord. 2025-01, § 1)
32-71.6 Findings; Other Requirements.
a. Findings. The Chief of Planning shall approve the application, with or without conditions, if it can make the following findings:
1. The housing will be used by a disabled person;
2. The requested accommodation is necessary to make specific housing available to a disabled person;
3. The requested accommodation would not impose an undue financial or administrative burden on the Town; and
4. The requested accommodation would not require a fundamental alteration in the nature of a Town program or law, including land use and zoning.
b. Other requirements.
1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.
2. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.
3. Where appropriate, the reviewing authority may condition its approval on any or all of the following:
(a) Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;
(b) Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;
(c) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
(d) Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
(e) Measures to reduce the impact on surrounding uses;
(f) Measures in consideration of the physical attributes of the property and structures;
(g) Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height or the reduction of required on-site parking; and
(h) Other conditions necessary to protect the public health, safety and welfare.
(Ord. #2014-09, § 1; Ord. 2015-08, § 1; Ord. 2025-01, § 1)
32-71.7 Appeal.
A decision by the Chief of Planning may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the Town Council in accordance with the appeal procedures of Danville Municipal Code Section 32-7.
(Ord. #2014-09, § 1; Ord. #2015-08, § 1)
32-72.1 Purpose and Findings.
a. Danville has a rich heritage that reflects the Town's role in the development of the San Ramon Valley. This heritage is reflected in individual structures and sites as well as historic development patterns, particularly in the Downtown area. In recognition of this historic heritage, the Town's General Plan establishes a goal of preserving historic and cultural resources within the Town and recognizing such resources as an essential part of the Town's heritage. In order to achieve that goal, the Town's General Plan contains a number of policies, including:
1. Ensuring that the rehabilitation and restoration of historic buildings respects the historic character and setting of the buildings.
2. Ensuring that new construction within the Downtown area is compatible with nearby historic buildings and is consistent with the historic development patterns of the Downtown.
3. Ensuring that owners of historic buildings and sites are aware of and provided with appropriate financial and use incentives to ensure the continued economic viability and usefulness of those buildings.
4. Promoting public awareness and enjoyment of historic resources within Danville.
b. The Town Council finds that adopting this chapter will help achieve the goals and policies of the General Plan, that historic preservation will help ensure the economic vitality of the Downtown area, help preserve property values throughout Town and enrich the cultural and educational lives of the Town's residents.
c. Pursuant to this chapter, the Town will adopt a survey of historically significant resources. Those properties identified as historically significant resources will receive protection from demolition or exterior alterations. In addition, property owners may request that their properties be designated as heritage resources, which are eligible for economic and land use incentives.
(Ord. # 2001-02, §2)
32-72.2 Definitions.
As used in this chapter, the following words and phrases have the following meanings:
Alteration means any demolition, exterior change or modification to a historically significant resource or heritage resource or of a contributing property located within an historic district including, but not limited to:
1. Exterior changes to or modifications of structure, architectural details or visual characteristics including paint color and surface texture;
2. Grading or surface paving;
3. Construction of new structures;
4. Cutting or removal of trees and other natural features;
5. Disturbance of archaeological sites or areas; and
6. The placement or removal of any exterior objects including signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories that affect the exterior visual qualities of the property.
Architectural feature means the architectural elements embodying style, design, general arrangements and components of the exterior of any building or structure, including, but not limited to, the kind, color and texture of the building materials and the style and type of all windows, doors, lights, signs and other fixtures.
Certificate of Approval means a certificate issued pursuant to this chapter approving any proposed alteration to a historically significant resource, a heritage resource or a contributing property located within a historic district.
Contributing property means a building, structure, site, feature or object within an historic district that embodies the significant physical characteristics and features, or adds to the historical associations, historic architectural qualities or archaeological values identified for the historic district, and was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important information about the period.
Design guidelines means the "Town of Danville Design Guidelines for Heritage Resources" adopted by the Town and as may be amended from time to time.
Heritage resource means a structure, site, improvement or natural feature that has been designated for heritage preservation pursuant to Section 32-72.6.
Heritage Resource Commission (HRC) means the Town's Heritage Resource Commission established pursuant to the provisions of this Code.
Historic Design Review Committee (HDRC) means the advisory committee appointed pursuant to this chapter to review proposed alterations to designated heritage resources. The HDRC shall be composed of five (5) members as follows: the Heritage Resource Commission/Planning Commission liaison, two (2) other Heritage Resource Commission members, one (1) Planning Commission liaison to the Design Review Board and one (1) other Design Review Board member not on the Planning Commission.
Historic district means any delineated geographic area having a significant number of structures, sites, improvements or natural features of historical significance, special character or aesthetic value which are united historically or aesthetically by plan or physical development, and which has been found by the Town Council to meet the criteria of preservation set forth in subsection 32-72.5 of this section.
Historically significant resource means a structure, site, improvement or natural feature identified by survey of the Town as being significant to the history and/or development of the Town and that meets the criteria for designation as a heritage resource set forth in subsection 32-72.4.
Improvement means a structure, parking facility, fence, gate, wall, work of art or other object constituting a physical feature that is not a natural feature.
Integrity means the ability of a structure, site, improvement or natural feature to convey its significance through the survival of key elements of its original style, scale, materials and detailing.
Major alteration means a modification to one or more of the following items:
1. Additions to a structure;
2. Construction of a new structure;
3. Exterior building materials other than those defined as minor alterations;
4. Grading;
5. Natural features designated as a heritage resource;
6. Renovation, rehabilitation or restoration of an existing structure.
Minor alteration means a modification to one or more of the following items:
1. Building color;
2. Signs;
3. Light fixtures;
4. Plant materials, landscape, tree removals, hardscape, or paving not including natural features designated as a heritage resource;
5. Street furniture;
6. Awnings;
7. Doors, windows, and chimneys;
8. Interior building modifications that affect the exterior appearance of a structure;
9. Any other similar alteration to a designated heritage resource deemed appropriate by the Town's Chief of Planning.
Natural feature means a landform, body of water, tree, significant landscaping feature, geological formation or other object of the native landscape.
Non-contributing property means a structure, site, improvement or natural feature located within the boundaries of a designated historic district that is not identified as a contributing property within the district.
Ordinary maintenance or repair means any work, the sole purpose and effect of which is to prevent or correct deterioration, decay or damage, including repair of damage caused by fire or other disaster and which does not result in a change in the historic appearance and materials of a property.
Owner means the person or entity whose name appears as the owner of real property on the most recent assessment roll of Contra Costa County.
Planning entitlement means any request for a development plan, subdivision, land use permit or other discretionary permit allowing for physical development of land or change in use of property.
Preservation means the identification, study, protection, restoration, rehabilitation, reconstruction, relocation or enhancement of buildings, structures, sites, improvements or natural features.
Register of heritage resources means the list of all structures, sites, improvements or natural features designated as heritage resources by the Town Council pursuant to subsection 32-72.6.
Site means a parcel or portion of real property.
Secretary of Interior's Standards for Rehabilitation means the US. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, issued by the National Parks Service, together with the accompanying Interpretive Guidelines for Rehabilitating Historic Buildings, as they may be amended from time to time.
State Historical Building Code means the State Historical Building Code adopted by the State of California.
Structure means any building or anything else constructed or erected that requires a permanent location on the ground.
Survey of historically significant resources means the list approved by the Town Council that identifies structures, sites (or portions of a site), improvements or natural features that are significant to the history and/or development of the Town and that meet the criteria for designation as a heritage resource pursuant to subsection 32-72.4.
Town means the Town of Danville. (Ord. # 2001-02, §2)
32-72.3 Survey of Historically Significant Resources.
a. The Town shall establish and maintain a survey of historically significant resources. The survey shall consist of structures, sites (or portions of a site), improvements or natural features that, based upon the information available to the Town, are significant to the history and/or development of the Town and that meet the criteria for designation as a heritage resource pursuant to this section. The survey shall be prepared and reviewed in accordance with procedures set forth in section 5024.1(g) of the California Public Resources Code. The survey shall be updated periodically to add or remove properties as appropriate. Updates of the survey may be initiated by a property owner, the HRC or any organization with a recognized interest in historic preservation.
b. The HRC shall be responsible for making recommendations to the Town Council for inclusion of significant historical resources in the survey. The HRC shall hold at least one (1) public hearing before making a recommendation regarding any resource. The HRC's recommendations shall be forwarded to the Town Council, which shall hold at least one (1) public hearing before taking action on the recommendations. Owners of resources recommended for inclusion in the survey shall be provided notice at least ten (10) calendar days prior to any HRC or Town Council hearing regarding inclusion in the survey. Once a property owner has received this ten (10) day notice, no permits, including demolition permits, shall be issued for the property while a decision regarding the HRC recommendation is pending.
c. Notice of inclusion on the survey shall be provided to the property owner, HRC, Planning Commission, Design Review Board, Chief of Planning, Chief Building Official, San Ramon Valley Historical Society, the Museum of the San Ramon Valley, California State Historic Preservation Officer and Contra Costa County Recorder.
d. Any alteration to a property on the survey shall require a Certificate of Approval as provided for in subsection 32-72.8.
(Ord. # 2001-02, §2)
32-72.4 Criteria for Designation of a Heritage Resource.
A structure, site (or portions of a site), improvement or natural feature may be considered for designation as a heritage resource pursuant to subsection 32-72.6 if it has maintained its historic integrity, is over fifty (50) years of age (less than fifty (50) years if it can be demonstrated that sufficient time has passed to understand the historical significance of the resource), and meets at least one (1) of the following criteria:
a. Is representative of a particular architectural style or reflects special elements of a distinct historical period, type, style or way of life important to the Town;
b. Is a type of building or is associated with a business or use that was once common but is now rare;
c. Is representative of the evolution or development or associated with the cultural, religious, educational, political, social or economic growth of the community, region, state or nation;
d. Represents the work of a notable builder, engineer, designer, artist or architect;
e. Is the site of an historical event or is associated with persons or events that have made a meaningful contribution to the community, region, state or nation;
f. Has a high potential for yielding information or archaeological interest;
g. Embodies elements of outstanding or innovative attention to architectural or engineering design, detail, craftsmanship or use of materials;
h. The unique location or singular physical characteristic represents an established and familiar visual feature of the neighborhood, community or Town;
i. Is a geographically definable area, possessing a significant concentration or continuity of site, improvements, natural features or objects unified by past events or physical development; or
j. Is an unusual natural feature.
(Ord. # 2001-02, §2)
32-72.5 Criteria for Designation of a Historic District.
A geographic area may be considered for designation as a historic district pursuant to subsection 32-72.6 if a contiguous area that includes a group of parcels that are over fifty (50) years of age (less than fifty (50) years if it can be demonstrated that sufficient time has passed to understand the historical significance of the resource), and at least one of the following criteria apply:
a. A significant number of the parcels reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes or distinctive examples of park or community planning; or
b. A significant number of the parcels convey a sense of historic or architectural cohesiveness through their design, setting, materials, workmanship or association; or
c. A significant number of the parcels have historic significance and retain a high degree of integrity; or
d. The area in general is associated with a historically significant period in the development of the community or is associated with special historical events; or
e. A significant number of the parcels embody distinctive characteristics of a style, type, period or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or
f. A significant number of the parcels represent the works of notable builders, designers or architects.
(Ord. # 2001-02, §2)
32-72.6 Process for Designation of Heritage Resources and Historic Districts.
a. Initiation of Process. Any structure, site (or portions of a site), improvement or natural feature or contiguous group of properties may be nominated for consideration as a heritage resource or historic district. A written nomination may be submitted by the property owner(s), the HRC, or any organization with a recognized interest in historical preservation. The nomination must include the address or location of the resource and any relevant information regarding the applicable criteria for designation. A nomination for a historic district shall include the proposed boundaries of the district with a listing of all contributing properties and any relevant information regarding the applicable criteria for designation.
b. Notice of Nomination. The Town shall notify the owner(s) of affected properties within ten (10) days after a nomination is filed.
c. Nomination with Request to Alter a Potential Heritage Resource. If a property owner submits a nomination accompanied by a request for planning entitlement or other request to alter the property requiring a Certificate of Approval pursuant to subsection 32-72.8, the actions shall be processed simultaneously.
d. Review and recommendation by HRC. The HRC shall review, at a public hearing, all nominations for conformance with the purposes of this chapter and the criteria for designation found in subsections 32-72.4 and 32-72.5. Affected property owners shall be provided with written notice thirty (30) days prior to the HRC's public hearing. Upon conclusion of the public hearing, the HRC shall forward to the Town Council a recommendation for action on the nomination. The HRC recommendation shall identify the applicable criteria for designation of a heritage resource or historic district set forth in this chapter, the key features of the resource or district that should be preserved and the location and boundaries of the site or district.
e. Consideration by Town Council. The Town Council shall conduct a public hearing to consider the nomination. At the public hearing, the Town Council shall consider the HRC's recommendation, the criteria for designation of a heritage resource or historic district set forth in this section, the key features of the resource or district that should be preserved and the location and boundaries of the site or district. Affected property owners shall be provided with written notice ten (10) days prior to the Town Council's public hearing.
f. Consent of Property Owner Required. No property shall be designated as a heritage resource or a contributing property within an historic district without the written consent of all affected property owners.
g. Effect of Designation. Heritage resources and contributing properties within a historic district may be altered only after obtaining a Certificate of Approval as provided for in subsection 32-72.8. In addition, heritage resources and contributing properties in historic districts are eligible for preservation incentives as provided for subsection 32-72.7.
h. Effect of Disapproval. If a nomination is disapproved, a subsequent nomination for the same potential heritage resource or historic district may not be considered for at least three years unless substantial additional information becomes available, in which case the nomination can be resubmitted after one (1) year. The property owner may submit a new application at any time.
i. Notice of Designation. Notice of all designations of heritage resources and historic districts shall be provided to the property owner, HRC, Planning Commission, Chief Building Official, San Ramon Valley Historical Society, the Museum of the San Ramon Valley, California State Historic Preservation Officer and Contra Costa County Recorder.
j. Register of Heritage Resources and Historic Districts. The Town shall maintain a register of all heritage resources and historic districts as designated by the Town Council.
(Ord. # 2001-02, §2)
32-72.7 Preservation Incentives.
In order to more effectively and equitably achieve the purposes of this section, the Town may offer incentives to the owners of heritage resources and contributing properties in a historic district in order to support the preservation, maintenance and appropriate rehabilitation of those resources. Preservation incentives shall be considered on a case-by-case basis and may include economic assistance, relaxation of otherwise applicable development standards or use restrictions. The HRC shall adopt by resolution a list of potential preservation incentives. (Ord. # 2001-02, §2)
32-72.8 Alterations to Heritage Resources.
a. No person may alter a historically significant resource, a heritage resource or a contributing property in an historic district without first obtaining a Certificate of Approval as provided for in this subsection.
b. Application Requirements. Applications for a Certificate of Approval shall include historical information regarding the property, a detailed statement of the proposed alteration, including architectural plans and any other information deemed appropriate by the Chief of Planning. If deemed appropriate by the Chief of Planning, all proposed design and construction plans shall be subject to third party review by a recognized preservation specialist, with the cost to be borne by the applicant.
c. Process for Reviewing Requests for Certificate of Approval. All requests for a Certificate of Approval shall be processed by the Town as follows:
1. Minor Alterations. If, in the judgment of the Chief of Planning, the proposed minor alteration is consistent with the applicable design standards described in subsection (d) below, the Chief of Planning may approve or conditionally approve the application. If the Chief of Planning finds the proposal is not consistent with the applicable design standards, the application shall be forwarded to the HRC for their review and determination. The Chief of Planning shall refer any request for minor alteration to the Historic Design Review Committee for their review and recommendation.
2. Major Alterations. All proposed major alterations shall be forwarded to the Historic Design Review Committee, which will review the project design and Conditions of Approval and make a recommendation to the HRC. The HRC shall review and make the final determination on all proposed major alterations.
3. Alterations Accompanied by Planning Entitlement. All proposed alterations that are accompanied by a request for planning entitlement shall be acted on by the HRC. In the discretion of the Chief of Planning, the application may be routed to the Historic Design Review Committee and/or the Planning Commission for their review and recommendations to the HRC.
d. Standards for Review. The following standards shall be used in considering any request for a Certificate of Approval:
1. The proposed alteration should not adversely affect the historically significant exterior architectural features of the designated heritage resource or contributing property in a designated historic district or the special character, interest or value of its neighboring improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture.
2. The reviewing body shall rely upon the most current version of the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," the State Historic Building Code and the Town of Danville's Design Guidelines for Heritage Resources.
e. Appeal. An action of the Chief of Planning or the HRC may be appealed to the Town Council by filing a written notice of appeal with the Town Clerk within ten (10) days following the determination of the Commission.
(Ord. # 2001-02, §2)
32-72.9 Maintenance of Heritage Resources.
a. The owner of a historically significant resource, a heritage resource or a contributing property within an historic district shall maintain in good condition the exterior of the resource consistent with the Design Guidelines and all interior portions whose maintenance is necessary to prevent deterioration and decay of an exterior feature.
b. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of an exterior feature that does not involve a change in design, material or external appearance.
(Ord. # 2001-02, §2)
32-72.10 Repeal or Amendment of Designation.
a. The Town Council may repeal or amend a listing on the survey of historically significant resources or a heritage resource designation only if one of the following circumstances exists:
1. A change of circumstances that results in the resource no longer satisfying the criteria set forth in subsection 32-72.4;
2. The existing designation will cause the property owner immediate and substantial financial hardship; or
3. The resource has been damaged by fire or other calamity to such an extent that it cannot reasonably be repaired or restored.
b. The procedure for repealing or amending a designation shall be the same as for designating a resource under subsection 32-72.6. The owner shall have the burden of establishing the circumstances warranting repeal or amendment.
c. If a heritage resource designation is repealed at the request of the property owner, the Town Council may require reimbursement of any preservation incentives provided to the property owner.
(Ord. # 2001-02, §2)
32-72.11 Property Owned by Public Agencies.
Public agencies which own property in the Town shall be notified of the provisions of this section and encouraged to seek the advice of the HRC before the construction, alteration or demolition of any potential heritage resources. (Ord. # 2001-02, §2)
32-72.12 Unsafe or Dangerous Conditions.
This section shall not be construed to prevent any measures of construction, alteration, restoration, removal or demolition necessary to correct or abate the unsafe or dangerous condition of a structure that has been declared unsafe or dangerous by the Town's Chief Building Official or the Fire Marshal. Only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed under this subsection. (Ord. # 2001-02, §2)
32-72.13 Violation.
a. Any violation of this section or failure to comply with a condition of approval of any certificate or permit issued pursuant to this chapter shall be a misdemeanor punishable as set forth in this code.
b. Any person who constructs, alters, removes or demolishes a historically significant resource, a heritage resource or a contributing property in a historic district, shall be required to restore the resource to its appearance prior to the violation to the extent such restoration is physically possible. This civil remedy shall be in addition to, and not in lieu of, any criminal remedies available.
(Ord. # 2001-02, §2)
32-73.1 Title.
This section shall be entitled the Inclusionary Housing Ordinance.
(Ord. 2025-02, § 2)
32-73.2 Findings.
The Town Council of the Town of Danville finds that Danville is experiencing a housing shortage for affordable housing. A goal of the Town is to achieve a balanced community with housing available for households of a range of income levels. Increasingly, households with very low, low and moderate incomes who work and/or live within the Town are unable to locate housing at prices they can afford and are increasingly excluded from living in the Town. The Town finds that the high cost of newly constructed housing does not, to any appreciable extent, provide affordable housing, and that continued new development which does not include nor contribute toward lower cost housing will serve to further aggravate the current housing problems by reducing the supply of developable land. The Town further finds that the housing shortage for affordable housing is detrimental to the public health, safety and welfare, and further that it is a public purpose of the Town, and a public policy of the State of California as mandated by the requirements for a Housing Element of the Town’s General Plan, to make available an adequate supply of housing for persons of all economic segments of the community.
(Ord. 2025-02, § 2)
32-73.3 Purpose.
The purpose of this section is to enhance the public welfare and assure that new residential developments with eight (8) or more dwelling units or lots contribute to the attainment of the Town’s housing goals by increasing the production of affordable housing, and additionally stimulating funds for development of affordable housing. The regulations set forth in this chapter shall apply to all areas of the Town of Danville.
(Ord. 2025-02, § 2)
32-73.4 Definitions.
For the purposes of this section, certain words and phrases shall be interpreted as set forth in this section, unless it is apparent from the context that a different meaning is intended.
Accessory dwelling unit. An attached or detached conditioned residential unit, which provides complete, independent living facilities for one or more persons, consistent with the requirements established under this section. It includes permanent provisions for living, sleeping, cooking, eating and sanitation on the same parcel as the primary unit. The term “accessory dwelling unit” includes a granny unit, second dwelling unit, guesthouse, in-law unit, casitas, efficiency unit (as defined in Health and Safety Code Section 17958.1), manufactured home (as defined in Health and Safety Code Section 18007), and similar accessory dwelling units, which provide complete independent living facilities (Government Code 65852.2(i)(4)).
Affordable housing cost. The cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government Code Section 65915(d)(1)). Housing cost means the monthly mortgage (including principal and interest), property taxes, and homeowner association fees, where applicable, for ownership units; and the monthly rent and an appropriate utility allowance for rental units.
Affordable unit, for rent. Affordable rent (including a reasonable utility allowance) shall not exceed the following:
1. For very low-income households, the rental rate is not to exceed the product of thirty percent (30%) times fifty percent (50%) of the area median income adjusted for family size appropriate for the unit. The actual rental rate shall be based on the actual income of a prospective household within the income range;
2. For low-income households, the rental rate is not to exceed the product of thirty percent (30%) times eighty percent (80%) of the area median income adjusted for family size appropriate for the unit. The actual rental rate shall be based on the actual income of a prospective household within the income range;
3. For moderate-income households, the rental rate is not to exceed the product of thirty percent (30%) times one hundred twenty percent (120%) of the area median income adjusted for family size appropriate for the unit. The actual rental rate shall be based on the actual income of a prospective household within the income range.
Affordable unit, for sale. Affordable housing cost may not exceed the following:
1. For very low-income households, the mortgage cost is not to exceed the product of thirty percent (30%) times fifty percent (50%) of the area median income adjusted for family size appropriate for the unit. The actual sale price shall be based on the actual income of a prospective household within the income range;
2. For low-income households, the mortgage cost is not to exceed the product of thirty percent (30%) times eighty percent (80%) of the area median income adjusted for family size appropriate for the unit. The actual sale price shall be based on the actual income of a prospective household within the income range;
3. For moderate-income households, the mortgage cost is not to exceed the product of thirty percent (30%) times one hundred twenty percent (120%) of area median income adjusted for family size appropriate for the unit.
The actual sale price shall be based on the actual income of a prospective household within the income range.
Applicant. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks Town real property development permits and approvals.
Approval. Approval by the Town of a discretionary permit such as a tentative map, planned development or use permit for a residential development project.
Area median income. The area median income for Contra Costa County pursuant to California Health and Safety Code Section 50093(c).
Below market rate or BMR. Residential units sold or rented at rates affordable to very low-, low- or moderate-income households.
Danville employee. Any head of household, or in the case of married couples either spouse, who has worked within the Town limits continually for one (1) year in the year immediately preceding the occupancy of an affordable unit.
Danville resident means any person who has lived within the Town limits of Danville for one (1) year in the year immediately preceding the occupancy of an affordable unit.
Developer. The same as “applicant” (see above definition).
Household income levels. Includes:
1. Low-income household. A household whose income is between fifty percent (50%) and eight percent (80%) of the median household income for Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093(c).
2. Moderate-income household. A household with an annual income between eighty percent (80%) of the area median family income and one hundred twenty percent (120%) of area median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093(c) of the California Health and Safety Code.
3. Very low-income household. A household whose income does not exceed fifty percent (50%) of the median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093(c).
Incentive. A benefit offered by the Town to facilitate construction of residential developments which include BMR units. Among others, benefits may include fee waivers or reductions for BMR units, and flexibility and/or relaxation of development regulations,
In-lieu participation fee. A fee paid to the Town by an applicant for a residential development in the Town in lieu of providing the inclusionary affordable units required by this section (See subsection 32-73.8).
Project owner. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located.
Residential development. Developments of eight (8) or more units or lots for, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium conversions, cooperative developments and land subdivisions intended to be sold to the general public.
Town. The Town of Danville, California or its designee, or any entity with which the Town contracts with to administer this section.
Unit type. Dwelling units with similar floor area and number of bedrooms.
(Ord. 2025-02, § 2)
32-73.5 Applicability.
Each residential development of eight (8) or more lots is subject to this Section 32-73. A project developed consistentwith the regulations of the Density Bonus Ordinance (Municipal Code Section 32-74) shall be considered to have satisfied all requirements contained in this section. A project developed consistent with the California State Density Bonus Law (Government Code Section 65915) shall be considered to have satisfied all requirements contained in this section.
(Ord. 2025-02, § 2)
32-73.6 Scope and Affordability Levels.
Every approval for residential development shall assure provision of one (1) or more BMR units according to the following regulations:
a. Residential development with resultant densities less than or equal to seven (7) units an acre shall provide a number of BMR units equal to ten percent (10%) of the number of market rate units in the project. Of the ten percent (10%), half of the units shall be made available to qualifying low-income households, and the other half shall be made available to qualifying moderate-income households.
b. Residential developments with resultant densities of eight (8) or more units per acre:
1. Residential developments up to twenty (20) units in size shall provide a number of BMR units equal to ten percent (10%) of the number of market rate units in the project. Of the ten percent (10%), half of the units shall be made available to qualifying low-income households, and the other half shall be made available to qualifying moderate-income households.
2. Residential developments containing twenty-one (21) or more units shall provide a number of BMR units equal to fifteen percent (15%) of the number of market rate units in the project. Of the fifteen percent (15%), at least one third of the units shall be made available to qualifying very low-income households, another one third shall be made available to qualifying low-income households, and the final one third shall be made available to qualifying moderate-income households.
c. At the discretion of the Town Council, affordable units required pursuant to this section may be provided at a location within the Town other than the residential development which creates the requirement for the affordable units.
d. Fractional units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is seven-tenths (0.7) or more. If the result includes a fraction below seven-tenths (0.7), the developer shall have the option of rounding up to the next whole number and providing the inclusionary unit on site or paying a fee in lieu of providing an additional inclusionary unit. The in-lieu fee shall be calculated in accordance with Section 32-73.8.
(Ord. 2025-02, § 2)
32-73.7 Incentives.
An applicant may request a modification of the following standards where such waiver or modification is necessary to make the provision of BMR units economically feasible. The request shall be accompanied by information sufficient to demonstrate that the incentive is necessary to make the affordable units economically feasible:
a. A reduction in site development standards and modification of Zoning Code requirements or architectural design standards exceeding state building standards, including, but not limited to, a reduction in setback, square footage, minimum lot size, minimum lot dimensions, street section, sidewalks, open space, landscaping or number of required parking spaces.
b. Relaxation of development standards for new subdivisions incorporating BMR secondary units into a single-family development, including, but not limited to, modifications in unit setback requirements, number of bedrooms, parking requirements or other regulations contained in the
Town’s accessory dwelling unit ordinance, as may be amended from time to time.
c. Other regulatory incentives or concessions proposed by the applicant or the Town which result in identifiable cost reductions applicable to the BMR units within a residential development. Where the applicant requests one or more of the incentives listed above, a preliminary project financial report shall be submitted (pro forma), along with the application for the project, in order to evaluate the financial need for the requested incentive(s). At the cost of applicant, the Town may retain a consultant to review the financial report. If the applicant is a nonprofit organization, the Town may elect to pay the cost of the consultant upon approval by the Town Council.
(Ord. 2025-02, § 2)
32-73.8 In Lieu Participation Fees.
Upon approval of the Town Council, an applicant may contribute fees in lieu of providing inclusionary affordable units. Such fees shall be known as “in-lieu participation fees.”
a. The in-lieu fee shall be calculated based on the subsidy differential between what a very low-, low-, or moderate-income household can afford to pay for housing, on a per-square-foot basis, and the estimated total cost of a new non-BMR unit, on a per-square-foot basis. The in-lieu fee shall be calculated on a project-by-project basis, subject to review and approval by the Chief of Planning.
b. The estimated cost of construction may include the estimated construction costs, the cost of land, financing costs, consultant costs, and other demonstrated direct costs.
c. The square footage used to calculate the in-lieu fee shall be equal to the average unit size of all the non-BMR units in the development.
d. The in-lieu fee for the entire residential development shall be due prior to occupancy of the first unit.
(Ord. 2025-02, § 2)
32-73.9 Application Process.
The decision-making body for a formal application meeting the requirements of this section shall be the Planning Commission and/or Town Council, whichever is authorized to approve the associated discretionary permit.
(Ord. 2025-02, § 2)
32-73.10 General Requirements.
a. All BMR units shall be sold or rented as affordable units for occupancy only by very low-, low- or moderate-income households.
b. The term of affordability is twenty (20) years.
c. All fractions of units or lots equal to or greater than seven-tenths (0.7) of a unit shall be rounded up to the nearest whole unit.
d. Households with eligible Danville residents shall be given first preference for BMR units; second preference shall be given to households with eligible Danville employees; third preference shall be given to all other eligible households.
e. Requirements for BMR units shall be established as conditions of approval for the residential development. Compliance with the regulations of this section shall be evidenced by an affordable housing agreement between the applicant and the Town Manager, completed and recorded on the deed to each affected and shall run with the land.
1. The affordable housing agreement shall indicate the intended household type (i.e., for-sale or rental occupancies), number of BMR units; standards for maximum qualifying household incomes; standards for maximum sales prices or rental rates; party/process responsible for certifying tenant incomes; construction scheduling; how vacancies will be marketed and filled; restrictions and enforcement mechanisms binding on property upon sale or transfer; maintenance provisions; and any other information as required by the
Town to comply with the conditions of approval for the residential development.
2. The affordable housing agreement shall include a provision which allows the Town to assign its authority to regulate and enforce the agreement to the Contra Costa County Housing Authority, a nonprofit housing agency or other similar entity.
3. Proof of recordation of the affordable housing agreement on the deed of each BMR unit in a residential development shall be deemed a condition precedent to occupancy.
4. The provisions of this section shall not apply to transfers by gift/device or inheritance to the property owner’s spouse or children; transfers of title to a spouse as part of a divorce or dissolution proceeding; acquisition of title interest therein in conjunction with marriage, provided, however, that the deed restrictions shall continue to run with the title to said property following such transfers.
f. BMR units in a residential development and phases of a residential development shall be constructed concurrently with or prior to the construction of non-BMR units.
g. BMR units shall be provided as follows:
1. If the BMR units are built within the project, they are not required to be evenly dispersed throughout the development.
2. BMR units are not required to represent the predominant unit type in the project (e.g., locating affordable attached duet units on corner lots in a primarily single-family development or including affordable secondary units into a primarily single family development). However, BMR unit sizes shall not be less than twenty percent (20%) below the average non-BMR units.
3. The exterior design and character of the BMR units shall be substantially consistent with that of the non-BMR units in the residential development.
4. There may be a reduction of interior amenities provided within the BMR units as may be necessary to retain project affordability.
h. For-sale BMR units shall not be rented unless specifically authorized by the Town. Said authorization shall be formalized by way of execution of an amended affordable housing agreement.
i. The Town may contract with the Contra Costa County Housing Authority, or other similar entity, to administer the sale, rental and/or in-lieu participation fee provisions of this section.
j. The Town Manager may establish administrative guidelines for administration of the provisions of this section.
(Ord. 2025-02, § 2)
32-73.11 Fee Waivers and Priority Processing.
a. To increase the feasibility of providing affordable units, the Town Council, by resolution, may waive or reduce certain Town fees applicable to the affordable units or the residential development for which they are a part.
b. A project which provides inclusionary units shall be entitled to priority processing by the Town.
(Ord. 2025-02, § 2)
32-73.12 Violation - Penalty.
It is unlawful for any person, firm, corporation, partnership or other entity to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions or failure to comply with any of the requirements of this section shall constitute a misdemeanor; except that, notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under this section may, at the discretion of the enforcing authority, be charged and prosecuted as an infraction.
(Ord. 2025-02, § 2)
32-73.13 Enforcement.
a. The Town Manager is hereby designated the enforcing authority of this section.
b. The provisions of this section shall apply to all agents, successors and assigns of an applicant proposing a residential development governed by this section. No building permit or occupancy permit shall be issued, nor any development approval be granted, which does not meet the requirements of this section.
c. In the event that it is determined that a BMR unit is being occupied as a rental unit and that rents in excess of those allowed by operation of this section have been charged, the Town may take the appropriate legal actions or proceedings to recover, and the project owner shall be obligated to pay to the tenant (or to the Town in the event the tenant cannot be located) any excess rental charges.
d. The Town may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny or suspend any permit or development approval.
(Ord. 2025-02, § 2)
32-73.14 Appeals.
Any person aggrieved by any action involving denial, suspension or revocation of an occupancy or other permit, or denial, suspension or revocation of any development approval, may appeal such action or determination in the manner provided for appeal of use permits, by subsection 32-4.7 of the Danville Municipal Code. The developer may appeal for a reduction, adjustment, or waiver of obligations if he or she establishes the absence of a reasonable relationship or nexus between the impact of the development and the inclusionary housing requirement.
(Ord. 2025-02, § 2)
32-73.15 For-rent, Below-market-rate Accessory Dwelling Units.
Notwithstanding the provisions of any other section contained within this chapter, and if it is determined to be appropriate by the Town Council, the applicant may fulfill a development’s inclusionary housing requirements with the development of accessory dwelling units as set forth in this section.
a. Applicability. The provisions of this section shall apply to all new residential developments with eight (8) dwelling units..
b. Scope. If the Town Council determines that development of for-rent, below-market-rate (BMR) accessory dwelling units would be appropriate for a project, the minimum number of for-rent, BMR accessory dwelling units supplied in a project shall be equivalent to twenty-five percent (25%) of the number of market rate units established in the project.
c. Affordable housing agreement. An affordable housing agreement, as generally provided for in subsection 32-73.10e, shall be recorded as a deed restriction on the property which incorporates a for-rent, BMR accessory dwelling unit.
d. Qualifying households: maximum income of renters. The for-rent, BMR accessory dwelling unit shall not be rented to low-income households, as defined.
e. Restriction on rental rate. The rental rate shall not exceed what is affordable to a low-income household, adjusted for household size. The Town shall advise the owner of annual changes in the allowable rental rate (and shall provide a schedule for utility allowance adjusted for household size).
f. Design parameters. The for-rent, BMR accessory dwelling units shall be designed such that the physical layout of the unit and its interrelationship with the primary unit ensures its availability as a self-contained, viable accessory dwelling unit.
1. Architectural and physical design. For-rent, BMR accessory dwelling units shall be architecturally compatible with main residential unit in roof pitch, scale, colors, materials, trim, windows, as well as other exterior physical features. Development standards shall be as established within the Town's Accessory Dwelling Unit Ordinance, Section 32-76.
2. Relationship to main residence.
(a) The accessory dwelling unit may be detached or attached to the main residence;
(b) If detached second units are proposed, each second unit shall be designed to provide privacy for the main residential unit (i.e., minimum number of windows facing the main unit, relative location of entry areas, etc.);
(c) The accessory dwelling unit shall have a separate entrance from the primary residence;
(d) There shall be no direct access from main residence to the accessory dwelling unit;
(e) The accessory dwelling unit shall have a separate mailing address to allow independent contact with the unit’s occupants; and
(f) Any proposed modifications to the accessory dwelling unit must secure prior review and approval by the Chief of Planning.
(g) The accessory dwelling unit shall be a minimum of four hundred (400) square feet in size.
(h) Deviation from the above-cited dimensional criteria may be considered by the Town Council on a project-by-project basis.
(Ord. 2025-02, § 2)
32-74.1 Purpose.
This Section 32-74 is adopted to comply with state law requirements for providing a density bonus to a housing developer who provides affordable housing units.
(Ord. #2014-07, § 2)
32-74.2 Definitions.
For the purposes of this section, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended.
Affordable housing cost shall be the cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code. (Government Code Section 65915(d)(1).) Housing cost means the monthly mortgage (including principal and interest), property taxes, and homeowner association fees, where applicable, for ownership units; and the monthly rent and an appropriate utility allowance for rental units.
Affordable unit, for rent. Affordable rent (including a reasonable utility allowance) shall not exceed the following:
1. For very low-income households, the product of thirty percent (30%) times fifty percent (50%) of the area median income adjusted for family size appropriate for the unit;
2. For low-income households whose gross incomes exceed the maximum income for very low-income households, the product of thirty percent (30%) times sixty percent (60%) of the area median income adjusted for family size appropriate for the unit;
3. For moderate-income households, the product of thirty percent (30%) times one hundred (110%) of the area median income adjusted for family size appropriate for the unit. (Health. and Safety Code Section 50053.)
Affordable unit, for sale. Affordable housing cost may not exceed the following:
1. For very low-income households, the product of thirty percent (30%) times fifty percent (50%) of the area median income adjusted for family size appropriate for the unit;
2. For low-income households whose gross incomes exceed the maximum income for very low-income households and do not exceed seventy percent (70%) of the area median income adjusted for family size, the product of thirty percent (30%) times seventy percent (70%) of the area median income adjusted for family size appropriate for the unit;
3. For moderate-income households, not less than twenty-eight percent (28%) of the gross income of the household, not exceeding the product of thirty-five percent (35%) times one hundred ten percent (110%) of area median income adjusted for family size appropriate for the unit. (Health and Safety Code Section 50052.5(b).)
Affordable units. Living units that are required to be rented at affordable rents or available at affordable housing costs to specified households.
Applicant means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks Town real property development permits and approvals.
Approval means approval by the Town of a discretionary permit such as a tentative map, planned development or land use permit for a project.
Area median income. The area median income for Contra Costa County as published at Title 25, California Code of Regulations, Section 6932.
Density bonus. An increase over the otherwise maximum allowable residential density. (Government Code Section 65915(f). See also Government Code Section 65917.5(a)(2).)
Developer means the same as applicant. (See above definition.)
Disabled person means a person with a physical or mental disability as defined at Government Code Section 12926.
Household income levels includes:
1. Low-income household. A household whose income does not exceed the low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
2. Lower income household. A lower income household as defined in Civil Code Sections 51.3 and 51.12. (Government Code Sections 65915(b)(1) and (c)(1) and Health and Safety Code Section 50079.5.) It includes both low-income and very-low income households.
3. Moderate-income household. A household with an annual income between the lower income eligibility limit and one hundred twenty (120%) of area median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. (Government Code Section 65915(c)(2), Health and Safety Code Section 50093.)
4. Very low-income household. A household whose income does not exceed the very low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105. (Government Code Section 65915(b)(2) and (c)(1).
Incentive or concession means a regulatory modification that results in identifiable, financially sufficient, actual cost reductions, such as a reduction in site development standards, modification of zoning requirements (including approval of mixed-use zoning), modification of architectural design requirements, reduction in setback or square footage requirements, and reduction in vehicular parking spaces. (Government Code Section 65915(d) and (k).)
Permit means an approved application by the Town of Danville for a development plan, land use entitlement, subdivision, Planned Unit Development or building permit.
Project means a housing development at one (1) location, including all dwelling units for which permits have been applied for or approved within a twelve (12) month period.
Project owner means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that holds fee title to the land on which the project is located.
Restricted occupancy unit means a unit restricted in such a manner that it is sold or rented at a rate affordable to very low or low income households; a unit restricted in such a manner that it is sold or rented at a rate affordable to moderate income households containing a handicapped household member; or a unit restricted in such a manner that it is occupied by a senior household.
Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low-, low-, or moderate-income households, or is a unit in a senior citizen housing development.
Town means the Town of Danville or its designee, or any entity with which the Town contracts with to administer this section.
Unit type means dwelling units with similar floor area and number of bedrooms.
(Ord. #2014-07, § 2)
32-74.3 Density Bonus.
The Town shall grant a density bonus and other incentives to a qualifying applicant for a housing development of five (5) or more units. A Developer may qualify for a density bonus if:
a. The proposed housing development provides the minimum number of affordable housing units, under subsection 32-74.4 below. Additional density bonus and/or incentives may be available if a child care facility is also provided (Government Code Section 65915(h));
b. The applicant donates land for affordable housing, under Government Code Section 65915(g);
c. The housing development is a condominium conversion that will provide affordable housing, under Government Code Section 65915.5 and Danville Municipal Code Section 31-7; or
d. A child care facility is proposed in a commercial or industrial project, under Government Code Section 65917.5.
Neither the granting of a density bonus nor the granting of an incentive, in and or itself, requires a general plan amendment, zoning change, or other discretionary approval. (Government Code Section 65915 (g)(1) (2) and (k).) All density calculations resulting in fractional units shall be rounded up to the next whole number. (Government Code Section 65915 (f)(5), (g)(2.)
(Ord. #2014-07, § 2)
32-74.4 Minimum Requirements; Calculation; Continued Affordability.
a. Density bonus - minimum requirement (target units). The city shall grant a density bonus to an applicant for a housing development of five (5) or more units who seeks a density bonus and agrees to construct at least one (1) of the following (Government Code Section 65915(b)):
1. Ten percent (10%) of the total units of the housing development as target units affordable to low-income households;
2. Five percent (5%) of the total units of the housing development as target units affordable to very low-income households;
3. A senior citizen housing development of thirty-five (35) units or more. (Defined in California Civil Code Section 51.3(b)(4)); or
4. Ten percent (10%) of the total units of a newly constructed condominium project or planned development as target units affordable to moderate-income households. (Government Code Section 65915(b).)
An inclusionary unit or second unit under Danville Municipal Code Section 32-73 counts toward the total of target units.
b. Density bonus - calculation of bonus units. The maximum amount of density bonus to which an applicant is entitled varies according to (1) the type of qualifying housing under subsection a above and (2) the amount the percentage of affordable housing exceeds the minimum percentages set forth in subsection a above. The specific calculations are set forth in Government Code Section 65915(f).
Unit calculations do not need to be based on individual subdivisions or parcels. If the density bonus units are located separate from the restricted occupancy units, such project groups shall, unless otherwise authorized by the Town, be contiguous and shall be developed simultaneously with the development of the restricted occupancy units.
c. Continued affordability. An applicant shall agree to and the Town shall ensure:
1. The continued affordability of a low-and very-low income units for a period of thirty (30) years or longer (Government Code Section 65915(c));
2. Owner-occupied units are available at an affordable housing cost;
3. The initial occupant of a moderate income unit in a common interest development is a person or family or moderate income and that the units are offered at an affordable housing cost;
Whenever applicable or appropriate, the applicant shall enter into an agreement acceptable to the Town Attorney to assure the continued affordability, under Danville Municipal Code subsection 32-74.9.
(Ord. #2014-07, § 2)
32-74.5 Incentives.
a. Number of incentives. An applicant for a density bonus may submit a proposal for specific incentives or concessions. In addition to the types of incentives defined in subsection 32-74.4, the Town Council may reduce or waive Town-established fees.
The applicant may receive the following number of incentives or concessions (Government Code Section 65915(d)(2)):
Number of incentives
| Type of project |
1 | At least 10% of total units for lower income households; 5% for very low income households, or 10% for persons and families of moderate income in a common interest development. |
2 | At least 20% of total units for lower income households; 10% for very low income households, or 20% for persons and families of moderate income in a common interest development. |
3 | At least 30% of total units for lower income households; 15%. |
When a developer requests one (1) or more incentives, he or she shall submit a project financial report (pro forma) along with the application for the project in order to evaluate the financial need for the incentive(s). At the developer's cost, the Town may retain a consultant to review the financial report. (If the developer is a nonprofit organization, the Town Council may elect to pay the cost of the consultant.)
b. Findings required for denial. The Town shall grant the requested incentive or concession unless the Town makes a written finding based upon substantial evidence that the incentive or concession:
1. Is not required to provide for affordable housing costs or for rents to be set at the specified levels; or
2. Would have a specific adverse impact upon public health and safety or the physical environment, or on any property listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the impact without rendering the development unaffordable to low and moderate income households. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions. (Government Code Section 65589.5.)
3. Would be contrary to state or federal law. (Government Code Section 65915(d).)
(Ord. #2014-07, § 2)
32-74.6 General Requirements.
a. Continued affordability.
1. Restricted occupancy units in projects receiving a density bonus shall remain affordable for a minimum of thirty (30) years, or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (Government Code Section 65915(c).)
2. Requirements for restricted occupancy units shall be established as conditions of project approval. Compliance with the conditions of this section shall be evidenced by an affordable housing agreement between the developer and the Town Manager, completed and recorded on the property to each affected unit before issuance of a building permit. It shall run with the land.
(a) The affordable housing agreement shall indicate the qualification criteria for the target households for the restricted occupancy units (e.g., very low income household, senior household, and the like), the intended household type (i.e., sale or rental restricted occupancy units), the number of restricted occupancy units and their corresponding number of bedrooms; standards for maximum qualifying household incomes for restricted occupancy units with affordability restrictions; standards for maximum rents or sales prices for restricted occupancy units with affordability restrictions; standards for qualifying for occupancy of senior or handicapped restricted occupancy units; party/process responsible for certifying qualifications of households which occupy restricted occupancy units; construction scheduling, how vacancies will be marketed and filled; restrictions and enforcement mechanisms binding on property upon sale or transfer; maintenance provisions; and any other information as required by the Town to comply with the conditions of approval for the project. If the agreement is an equity sharing agreement, it shall conform to the requirements of Government Code Section 65915(c)(2). (See also Government Code Sections 65916, 65917.)
(b) The affordable housing agreement shall include a provision which allows the Town of Danville to assign its authority to regulate and enforce the agreement to the Contra Costa County Housing Authority, a nonprofit housing agency or other similar entity.
3. For-sale restricted occupancy units shall not be rented unless specifically authorized by the Town and a new affordable housing agreement executed and recorded against the property.
b. Priority for Danville residents or employees. Households with Danville residents who meet the qualifications for occupancy of restricted units will have first preference for restricted occupancy units; second preference will be given to households with Danville employees who meet the qualifications for occupancy of restricted units; third preference shall be given to all other eligible households. A Danville resident or employee (or spouse) is one who has lived or worked in Danville for the year immediately preceding the occupancy of the affordable unit.
c. Timing and location of units.
1. Units in a project and phases of a project shall be constructed concurrently with, or prior to, the construction of units without occupancy restrictions.
2. Units shall be provided as follows:
(a) Restricted occupancy units shall be dispersed throughout the project.
(b) Restricted occupancy units are not required to represent the predominant unit type in the project. Such as, but not limited to, locating affordable attached duet units on corner lots in a primarily single family development.
(c) The exterior design and character of the restricted occupancy units shall be substantially consistent with the units without occupancy restrictions in the project. There may be a reduction of interior amenities as may be necessary to attain affordability of the restricted occupancy units.
d. Limitations on Town. The Town may not:
1. Apply a development standard that will have the effect of physically precluding the construction at the desired density (Government Code Section 65915(e)(l).);
2. Require parking (other than handicapped and guest parking) to exceed one (1) space for one (1) bedroom, two (2) spaces for two-three (2-3) bedrooms, or two and one-half (2.5) spaces for four (4) or more bedrooms. (Government Code Section 65915(p).)
(Ord. #2014-07, § 2)
32-74.7 Violation - Penalty.
It is unlawful for any person, firm, corporation, partnership or other entity to violate any provision or fail to comply with any of the requirements of this section. A violation of any of the provisions or failing to comply with any of the requirements of this section shall constitute a misdemeanor; except that, notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under this section may, at the discretion of the enforcing authority, be charged and prosecuted as an infraction.
(Ord. #2014-07, § 2)
32-74.8 Enforcement.
a. The Town Manager is hereby designated the enforcing authority of this section.
b. The provisions of this section shall apply to all agents, successors and assigns of developer. No building permit or occupancy permit shall be issued, nor any development approval be granted, which does not meet the requirements of this section. The Chief Building Official may suspend or revoke any building permit or approval upon finding a violation of any provision of this section.
c. In the event it is determined that rents in excess of those allowed by operation of this section have been charged to a tenant residing in a restricted occupancy rental unit, the Town may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the Town in the event the tenant cannot be located), any excess rent charges.
(Ord. #2014-07, § 2)
32-74.9 Appeals.
Any person aggrieved by any action or determination of the Town Manager under this section may appeal such action or determination to the Town Council as provided for in the Municipal Code.
(Ord. #2014-07, § 2)
32-76.1 Purpose.
The purpose of this section is to increase opportunities for the development of smaller dwelling units for individuals and families developed on certain lots which are zoned for residential use; to provide affordable rental housing units for families and individuals with limited income; to provide rental units for the elderly and disabled; to protect property values and the integrity of the neighborhood by ensuring design and development standards are compatible with the existing neighborhood; to comply with requirements of state laws.
(Ord. 2025-04, § 2)
32-76.2 Definitions.
a. Accessory dwelling unit is an attached or detached, conditioned residential unit, which provides complete, independent living facilities for one (1) or more persons. It includes permanent provisions for living, sleeping, cooking, eating, and sanitation on the same parcel as the primary unit. The term “accessory dwelling unit” includes a granny unit, second dwelling unit, guesthouse, in-law unit, efficiency unit (as defined in Health and Safety Code Section 17958.1), manufactured home (as defined in Health and Safety Code Section 18007), and similar accessory dwelling units, which provide complete independent living facilities (Government Code Section 66313(a)).
b. Accessory structure shall mean a structure that is an accessory or incidental to a dwelling on the same lot as the primary residence. For purposes of this section, an accessory structure shall have at least three (3) walls and a solid roof such as a detached garage, pool house, garden shed, workshop, or cabana.
c. Administrative accessory dwelling unit review process shall be defined as the review process conducted under a separate application filed with the Town, either prior to or concurrent with the submittal of a building permit application for an accessory dwelling unit, where a notice of the action to be taken by the Town on the application is sent to surrounding property owners with the provision of a period of time in which the Town's administrative action may be appealed.
d. Attached shall be defined as a building or a structure that is physically connected to and shares a common wall with the primary residence.
e. Conditioned space shall be defined as an area or room that is being heated or cooled for human habitation.
f. Conversion shall be defined as the modification of an existing attached or detached structure or the modification of a portion of an existing residence into an accessory dwelling unit.
g. Detached shall be defined as a building or structure not physically connected and separated by six (6) feet or more, including eves and other projections, from the primary residence.
h. Junior accessory dwelling unit shall be defined as a unit that is no more than five hundred (500) square feet in size and contained entirely within the floor space of an existing or proposed residence. A junior accessory dwelling unit must include a separate exterior entrance, may include an interior door to the residence, includes an efficiency kitchen, and may have private or shared bathroom facilities.
i. Manufactured home shall mean a structure that was constructed on or after June 15, 1976, is transportable in one (1) or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred (320) or more square feet, is built on a permanent chassis and designed to be used as a single family dwelling, with or without a foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
j. Ministerial review process shall be defined as the Town’s review process for an application for an accessory dwelling unit and/or a junior accessory dwelling unit, which shall be without discretionary review or hearings and shall be approved or denied within sixty (60) days from the date of the Town receiving a complete application.
k. Mixed use shall mean a property which has a General Plan land use designation and residential zoning district which includes residential use as an allowed or conditionally allowed use.
l. Multifamily residential shall be defined as the classification of housing which consists of multiple residential units on the same or connected lots with an overall density of at least eight (8) units per acre.
m. Non-conditioned space shall be defined to include, but be not limited to, open decks, patios, breezeways, non-conditioned shops, garages, attics, and storage areas.
n. Objective zoning and design standards shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(Ord. 2025-04, § 2)
32-76.3 Review Process.
a. Accessory dwelling units and junior accessory dwelling units which are consistent with the development and design standards contained within this section shall be subject to the Town's ministerial review process.
b. Accessory dwelling units and junior accessory dwelling units which are not consistent with the development and design standards contained within this section shall be subject to the Town's administrative review process.
(Ord. 2025-04 § 2)
32-76.4 General Plan and Zoning Compliance.
a. Accessory dwelling units and junior accessory dwelling units shall be allowed in any residential or mixed-use General Plan land use district.
b. An accessory dwelling unit does not count toward the otherwise applicable General Plan residential density or zoning requirements which may conflict with this section. An accessory dwelling unit consistent with this section shall be deemed to be consistent with the General Plan and applicable zoning district.
c. Multifamily lots with multiple detached single family dwellings are considered single family lots for purposes of this section.
(Ord. 2025-04, § 2)
32-76.5 General Development and Design Standards.
a. Bedrooms. There is no maximum number of bedrooms.
b. Balconies, decks and patios. Accessory dwelling units which have less than a ten (10)-foot side or rear yard setback, or the minimum setback requirement for the primary residence for the zoning district (whichever is less), may not include balconies, decks, or platforms that are more than six (6) inches above grade between the structure and a side or rear property line.
c. Garages. A two (2)-car garage, with maximum dimensions of twenty-two (22) feet deep and twenty (20) feet wide, may be included as part of a detached accessory dwelling unit and does not count toward the accessory dwelling unit square footage requirements.
d. Basements. An accessory dwelling unit may include a basement so long as the basement is non-conditioned and is no more than fifty percent (50%) the size of the conditioned area of the accessory dwelling unit.
e. Design. The exterior appearance of an accessory dwelling unit shall be architecturally compatible with the primary residence and with the surrounding neighborhood. Architectural compatibility will be determined to exist where the accessory dwelling unit incorporates similar paint colors, siding, and roof materials as the primary residence.
(Ord. 2025-04, § 2)
32-76.6 Development Standards for Attached Accessory Dwelling Units in Single Family Residential Districts.
a. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, measured to the closest part of the structure, including eves and other architectural projections. However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
b. Setbacks, front yard. Accessory dwelling units shall be required to maintain the front yard setback applicable to the primary residence for the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
c. Height. The maximum height shall be twenty-five (25) feet. If the accessory dwelling unit maintains the minimum setbacks applicable to the primary residence, the maximum height shall be the height applicable to the primary residence.
d. Size. For residential zoning districts allowing a maximum lot size less than forty thousand (40,000) square feet, the maximum size shall be one thousand two hundred (1,200) square feet, but shall not exceed fifty percent (50%) of the conditioned square footage of the existing or proposed primary residence. However, a minimum of eight hundred fifty (850) square foot or one thousand (1,000) square foot accessory dwelling unit with more than one (1) bedroom shall be allowed. For lots that are within a zoning district requiring a minimum forty thousand (40,000) square foot lot size or larger, the maximum size shall be two thousand (2,000) square feet, but shall not exceed fifty percent (50%) of the conditioned square footage of the existing or proposed primary residence. However a minimum of eight hundred fifty (850) square foot or one thousand (1,000) square foot accessory dwelling unit with more than one (1) bedroom shall be allowed. There are no minimum size requirements.
e. Number. One (1), two (2) or three (3) units are permitted in addition to the primary residence on a single lot, given that the additional dwelling units are comprised of:
1. For two (2) additional units, one (1) accessory dwelling unit constructed from existing or proposed building space (attached or detached), and one (1) junior accessory dwelling unit.
2. For three (3) additional units, an attached accessory dwelling unit constructed from existing or proposed floor space, subject to the size restrictions under subsection
32-76.6.d, one (1) junior accessory dwelling unit, and one (1) detached accessory dwelling unit not exceeding eight hundred (800) square feet. These size limits do not apply to converted accessory dwelling units under subsection 32-76.11.
(Ord. 2025-04, § 2)
32-76.7 Development Standards for Detached Accessory Dwelling Units in Single Family Residential Districts.
a. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, measured to the closest part of the structure, including eves and other architectural projections. However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
b. Setbacks, front yard. Accessory dwelling units shall be required to maintain the same front yard setback applicable to the primary residence for the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
c. Height. The maximum height shall be sixteen (16) feet. If located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor, the maximum height shall be eighteen (18) feet, with an allowance of two (2) additional feet (total maximum height of 20 feet) to accommodate roof pitch aligned with the primary dwelling unit. If the accessory dwelling unit maintains the minimum setbacks applicable to the primary residence, the maximum height shall be twenty-four (24) feet.
d. Size. For residential zoning districts allowing a maximum lot size less than forty thousand (40,000) square feet, the maximum size shall be one thousand two hundred (1,200) square feet. For lots that are within a zoning district requiring a minimum forty thousand (40,000) square foot lot size or larger, the maximum size shall be two thousand (2,000) square feet. There are no minimum size requirements.
e. Number. One (1), two (2) or three (3) units are permitted in addition to the primary residence on a single lot given that the additional dwelling units are comprised of:
1. For two (2) additional units, one (1) attached accessory dwelling unit constructed from existing or proposed floor space and one (1) junior accessory dwelling unit.
2. For three (3) additional units, an attached accessory dwelling unit constructed from existing or proposed floor space subject to the size restrictions under subsection 32-76.6.d, one (1) junior accessory dwelling unit, and one (1) detached accessory dwelling unit not exceeding eight hundred (800) square feet. These size limits do not apply to converted accessory dwelling units under subsection 32-76.11.
(Ord. 2025-04, § 2)
32-76.8 Development Standards for Attached Accessory Dwelling Units in Multifamily Districts.
a. Number. A minimum of one (1) attached accessory dwelling unit is allowed on a lot that has existing multifamily dwellings, and up to twenty-five percent (25%) of existing multifamily dwelling units.
b. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, including eves and other architectural projections. However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
c. Setbacks, front yard. Accessory dwelling units shall be required to maintain the front yard setback applicable to a multiple family building(s) for the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
d. Height. The maximum height shall be sixteen (16) feet. If located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor, the maximum height shall be eighteen (18) feet, with an allowance of two (2) additional feet (total maximum height of twenty (20) feet) to accommodate roof pitch aligned with the multifamily building. If the accessory dwelling unit maintains the minimum setbacks applicable to the multiple family building(s), the maximum height shall be twenty-five (25) feet.
e. Size. The maximum size of an accessory dwelling unit attached to a multiple family building(s) is one thousand two hundred (1,200) square feet.
f. Conversion of existing space. Portions of existing multifamily structures that are not used as livable space, such as attics, garages, or storage areas, may be converted to accessory dwelling units, with the total number of accessory dwelling units not exceeding twenty-five percent (25%) of the existing multifamily structure's units.
(Ord. 2025-04, § 2)
32-76.9 Development Standards for Detached Accessory Dwelling Units in Multifamily Districts.
a. Number. Up to two (2) detached accessory dwelling units are allowed on a lot that has existing multifamily dwellings, or up to eight (8) detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot.
b. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, including eves and other architectural projections.
However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
c. Setbacks, front yard. Accessory dwelling units shall be required to maintain the front yard setback applicable to the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.
d. Height. The maximum height shall be sixteen (16) feet. If located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor or the lot has an existing or proposed multi-story multifamily dwelling, the maximum height shall be eighteen (18) feet, plus an additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. If the accessory dwelling unit maintains the minimum setbacks applicable to the multifamily building, the maximum height shall be twenty-five (25) feet.
e. Size. No size limit.
(Ord. 2025-04, § 2)
32-76.10 Junior Accessory Dwelling Units.
One (1) junior accessory dwelling unit is allowed in addition to accessory dwelling units on a residential lot. A junior accessory dwelling unit must be constructed within the walls of a proposed or existing single family residence. A junior accessory dwelling unit must have an independent exterior entrance and may have interior connections to the primary residence. One (1) junior accessory dwelling unit may be combined with one (1) attached interior accessory dwelling unit subject to the size restrictions under subsection 32-76.6.d, and one (1) detached new construction accessory dwelling unit that does not exceed eight hundred (800) square feet if combined with the interior accessory dwelling unit and the junior accessory dwelling unit described above.
(Ord. 2025-04, § 2)
32-76.11 Conversions.
b. An expansion of a maximum of one hundred fifty (150) square feet may be added to a converted accessory dwelling unit with a setback area that does not comply with the development standards under subsections 32-76.6 and 32-76.7, but shall be limited to accommodating ingress and egress for the unit. Any addition beyond one hundred fifty (150) square feet shall comply with the development standards contained in subsections 32-76.6 and 32-76.7.
c. Setbacks and construction methods shall be sufficient to address fire and safety issues.
(Ord. 2025-04, § 2)
32-76.12 Owner Occupancy.
a. The property owner is not required to occupy either the primary residence or an accessory dwelling unit.
b. For a junior accessory dwelling unit, the property owner must occupy either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. The property owner shall be required to record a deed restriction, which shall run with the land. Confirmation of the deed recordation shall be submitted to the Town prior to issuance of building permits and shall include both of the following:
1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single family residence, including a statement that the deed restriction may be enforced against future purchasers.
2. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(Ord. 2025-04, § 2)
32-76.13 Statewide Exemption Accessory Dwelling Units.
Any attached or detached accessory dwelling unit which is eight hundred (800) square feet or less in size shall be allowed on lands zoned to allow or conditionally allow residential use. These units shall not be subject to any development standards other than those specifically listed in Government Code Section 66323.
(Ord. 2025-04, § 2)
32-76.14 Parking Requirements for Accessory Dwelling Units.
a. Except for the circumstances listed below, one (1) off-street parking space shall be provided for all new accessory dwelling units:
1. The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of a proposed or existing primary residence, multifamily dwelling, or an accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When there is a car-share vehicle located within one (1) block of the accessory dwelling unit.
b. Where required, a parking space for an accessory dwelling unit may be provided as tandem parking on the driveway and within setback areas in locations determined by the Town, unless specific findings are made that parking in setback areas or tandem parking is not feasible, based upon the specific site or regional topographical or fire and life safety conditions.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, no replacement parking shall be required.
(Ord. 2025-04, § 2)
32-76.15 Parking Requirements for Junior Accessory Dwelling Units.
a. No additional off-street parking shall be required for a junior accessory dwelling unit.
b. If an existing one (1)- or two (2)-car garage is converted to a junior accessory dwelling unit, the parking spaces must be replaced or be demonstrated to exist off-street on the site. Required parking may be provided as tandem parking on the driveway and within setback areas in locations determined by the Town, unless specific findings are made that parking in setback areas or tandem parking is not feasible, based upon specific site or regional topographical or fire and life safety conditions.
(Ord. 2025-04, § 2)
32-76.16 Short Term Rentals.
If an accessory dwelling unit or junior accessory dwelling unit is rented, it shall be rented for terms longer than thirty (30) days.
(Ord. 2025-04, § 2)
32-76.17 Covenants, Conditions and Restrictions.
Covenants, conditions, and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit shall be void and unenforceable.
(Ord. 2025-04, § 2)
32-76.18 Substandard Accessory Dwelling Units.
a. An existing, substandard accessory dwelling unit not in conformance with this section shall be considered a nonconforming accessory dwelling unit. If a property owner wishes to alter an existing nonconforming accessory dwelling unit, the requirements of this section will apply to the proposed alteration.
b. An existing, but not approved accessory dwelling unit that meets the requirements of this section may be legalized if the property owner modifies the accessory unit to address any deficiencies identified through a life/safety inspection by the Town Building Division.
(Ord. 2025-04, § 2)
32-76.19 Ownership.
The accessory dwelling unit and/or junior accessory dwelling unit may be rented separate from the primary residence. An accessory dwelling unit may only be sold or conveyed separately from the primary residence under stated conditions, including a qualified, nonprofit corporation, as may be allowed if all conditions of Government Code Section 66341 are met.
(Ord. 2025-04, § 2)
32-79.1 Purpose and Intent.
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)
32-79.2 Definitions.
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)
32-79.3 Tree Maintenance by Private Parties.
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)
32-79.4 Protected Trees.
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)
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)
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)
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)
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 32-79.4.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)
32-79.9 Appeal.
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)
32-79.10 Memorial Trees.
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)
32-79.11 Tree Protection During Development.
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)
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)
32-79.13 Penalties.
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)
32-80.1 Adoption.
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)
32-80.2 Penalties.
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)
32-83.1 Purpose.
This section is enacted under Section 66477 of the Government Code of the State of California and the Town’s police power. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the Recreation element of the General Plan. (Ord. #69-85, § 8-6201)
32-83.2 General Requirements.
a. Subdivision and Parcel Maps. At the time of approval of a tentative map or parcel map, the Town shall determine the land required for dedication or the amount of in lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the Town, for park or recreational purposes at the time and according to the standards and formula contained in this section.
b. Building Permit. As a condition of approval of a permit to build a residential structure, including a multiple family structure, mobile home, or second unit, an owner shall pay a fee for public park or recreational purposes in accordance with the same standards as if a final map or parcel map were required. (Ord. #69-85, § 8-6202)
32-83.3 General Standard.
It is found and determined that the public interest, convenience, health, welfare, and safety require that five (5) acres of property for each one thousand (1,000) persons residing within the Town be devoted to park and recreational purposes.
The park and recreational facilities for which dedication of land or payment of a fee or both are required, shall be in accordance with the Recreation, Park and Open Space Elements of the General Plan. (Ord. #69-85, § 8-6203)
32-83.4 Formula for Dedication of Land.
The amount of land to be dedicated, or the fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development.
The amount of land dedicated or fees paid is based upon the number of units to be constructed, determined by the tentative map or building permits in projects without maps, and the household size.
The dedication of land, or the payment of fees, or both, shall be the proportionate amount necessary to provide five (5) acres of park area per one thousand (1,000) persons.
No fee or land dedication is required on a parcel for which dedication requirements have previously been met. (Ord. #69-85, § 86210)
32-83.11 Standard and Formula for Dedication of Land.
The amount of land to be dedicated shall be determined according to the following standards and formula:
a. The average number of persons occupying the type(s) of units to be constructed is multiplied by the park acreage standard, five (5) acres per one thousand (1,000) (.005); the product shall equal the minimum park acreage dedication for each unit of that type to be constructed.
Average number of persons/unit x .005 = minimum acreage dedication/unit.
b. The following table of population density applies:
Park Land Dedication Formula Table
Type of Dwelling | Average Persons per Unit | Multiplied by Park Standard | Acreage Required per Dwelling Unit | |
Single Family, Detached | 3.02 | x | .005 | .0151 |
Single Family, Attached | 2.04 | x | .005 | .0102 |
Duplex | 1.8 | x | .005 | .009 |
Cluster, 3 or 4 | 1.87 | x | .005 | .00935 |
Cluster, 5 or more | 1.76 | x | .005 | .0088
|
c. Land dedicated for a park shall be suitable in location and topography for development as a park with active recreational facilities.
d. Land offered for dedication for local park or recreational purposes shall have access to at least one (1) existing or proposed public street to be constructed in the subject project. The provision of street access and related improvements shall be made without consideration of credit. The Town may waive this requirement if it is unnecessary for the maintenance of the park area or access by residents.
e. The land to be dedicated and the improvements to be made under this section are subject to approval by the Town.
f. Dedication of the land shall be made in accordance with the procedures in Division 5. (Ord. #69-83, §8-6211; Ord. #2003-08, §1)
32.83.12 Standards and Formula for Fees in Lieu of Land Dedication.
a. General Formula. When a fee is to be paid in lieu of land dedication, the fee shall be equal to the value of the land prescribed for dedication in subsection 32-83.11 and in an amount determined in accordance with paragraph b. below.
b. Amount of Fee. When a fee is to be paid in lieu of park land dedication, the amount of the fee shall be determined at the time of final map approval or building; permit issuance, whichever is the time of fee collection, and shall be based upon the fair market value of the amount of land which would otherwise be required for dedication under subsection 32-83.11.
c. Determination of Fair Market Value. The predominate zoning of the Town is single family residential. Therefore, for the purpose of determining the in lieu fee, the fair market value of a buildable acre is based upon the value of land zoned for single family residential development. For purposes of this section, a buildable acre shall mean a typical acre of land located in other than an area on which building is excluded because of flooding, topography, easements, or other restriction and would otherwise be suitable for active park development.
As of May 3, 2005, the market value of a buildable acre of land in Danville zoned single family residential is $985,543. This amount was established by review of assessors records and recent sales within the Town.
Single family, detached $14,882
Single family, attached $10,053
Duplex $8,870
Cluster, 3 to 4 units $9,215
Cluster, 5 or more units $8,673
e. Determining Amount of Fee to be Paid. The actual fee to be paid shall be determined at the time the fee is due. The fee shall be the amount set forth in the following table, multiplied by any increase in the Consumer Price Index for the San Francisco Bay Area from July 3, 2005 to the date of payment. In no event shall the fee exceed the maximum specified in subsection 32-83.12d. above.
Single family, detached $7,873
Single family, attached $5,318
Duplex $4,692
Cluster, 3 to 4 units $4,875
Cluster, 5 or more units $4,588
f. For the purposes of this subsection:
Single Family, Detached means an unattached residential dwelling unit constructed on a single parcel.
Single Family, Attached means an attached residential dwelling unit constructed on a separate parcel.
Duplex means two (2) attached residential dwelling units constructed on a single parcel.
Cluster, 3 or 4 means residential dwelling units attached in groups of three (3) or four (4) constructed on a single parcel.
Cluster, 5 or More means residential dwelling units attached in groups of five (5) or more constructed on a single parcel.
g. Fees in Lieu of Land; 50 Parcels or Less. Only the payment of fees, not the dedication of land, may be required in a development containing fifty (50) parcels or less.
However, nothing in this subsection prohibits the dedication and acceptance of land for park and recreation purposes in projects of fifty (50) parcels or less, where the developer proposes such dedication voluntarily and the land is acceptable to the Town.
(Ord. #69-85, §8-6212; Ord. #137, §§1, 2; Ord. #90-1, §§1 and 2; Ord. #90-21, §§1 and 2; Ord. 2003-08, §§2–4; Ord. 2005-02, §1)
32-83.13 Determination of Land or Fee.
Whether the Town accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
a. The natural features, access, and location of land in the subdivision available for dedication;
b. The size and shape of the subdivision and land available for dedication;
c. The feasibility of dedication;
d. The compatibility of dedication with the Danville Park and Recreation Element of the General Plan, and
e. The location of existing and proposed park sites and trails.
The Town determination as to whether land shall be dedicated, a fee be charged, or a combination of both, is final.
(Ord. #69-85, §8-6213)
32-83.20 Credit for Developer-Provided Park and Recreation Improvements.
The value of park and recreation improvements provided by a subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The Town reserves the right to approve such improvements before agreeing to accept the dedication of land and to require in lieu fee payments should the land and improvements be unacceptable.
(Ord. #69-85, §8-6220)
32-83.21 Credit for Private Open Space.
Where private open space or recreational facilities within the development, usable for active recreational uses, is provided and such area is to be privately owned and maintained by the future owner(s) of the development, the Town may give partial credit, not to exceed fifty (50%) percent against the requirement of land dedication or payment of fees. An application for partial credit should be made to the Town at the time the tentative map is submitted for official review so that dedication requirements can be determined as soon as possible.
(Ord. #69-85, §8-6221)
32-83.22 Standards for Credit.
The standards for partial credit are that:
a. Yards, court areas, setbacks, and areas required by the zoning and building ordinances and regulations or in conjunction with Planned Unit Developments shall not be included in the computation private open space;
b. The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions;
c. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be eliminated without the consent of the Town;
d. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
e. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan; and
f. The open space for which credit is given is a minimum of one (1) acre and provides four (4) park elements from among those listed below:
1. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, have at least one (1) acre of maintained turf with less than five percent (5%) slope.
2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.
3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent (3%) of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.
4. Recreation buildings and facilities are designed and used for the recreation needs of residents of the development.
g. Provision is made to grant up to one hundred percent (100%) credit if certain high demand facilities are constructed. The facilities so constructed must meet minimum size, configuration, and other standards as determined by the Town Manager or his designee, The facilities must be available for public use under a lease or similar agreement with a term of not less than twenty-five (25) years and be owned and maintained as described in subsection 32-83.22 paragraph b. above. The agreement shall provide for scheduled public use of not less than seventy-five percent (75%) of peak use times as determined by the Town.
h. The credit granted shall bear a reasonable relationship to the park and recreation needs of the subdivision residents met by the private facilities. The credit granted shall be related to the recreation facilities developed and the resulting reduction of the burden on public facilities to serve subdivision residents. The determination of the Town as to whether credit shall be given and the amount of credit is final.
(Ord. #69-85, §8-6222)
32-83.23 Exemptions.
a. A permit to repair or rebuild a dwelling unit damaged by act of God, fire, or other natural disaster, is exempt from this section if the permit to rebuild is applied for within one (1) year of the damage or destruction.
b. This section does not apply to a commercial or industrial subdivision, or a condominium project or stock cooperative which consists of the subdivision of airspace in an existing apartment building if that building is more than five (5) years old and no new dwelling unit is added.
(Ord. #69-85, §8-6223)
32-83.30 Disposition of Fees.
a. The Town may use the money collected under this section only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision from which the fees are collected.
b. Fees shall be paid to the Town and shall be deposited into the Park Fund. Interest earned by park dedication fees shall be deposited to the Park Fund.
c. Collected fees shall be appropriated by the Town for a specific project to serve residents of the development project in a budgetary year within five (5) years after receipt of payment or within five (5) years after the issuance of building permits on one-half (1/2) of the lots created by the development project, whichever occurs later.
If the fees are not so committed, these fees shall be distributed and paid to the then record owners of the development project in the same proportion in which fees were assessed to each dwelling unit.
d. A report to the Town Council shall be made at least annually on income, expenditures, and status of the special fund.
(Ord. #69-85, §8-6230)
32-83.31 Schedule for Use of Land or Fees.
The Town shall develop a schedule specifying when and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision. Such a schedule shall be developed in conjunction with the Town's Capital Improvement Program and revised as necessary. (Ord. #69-85, §8-6231)
32-83.32 Sale of Dedicated Land.
If during the time between the dedication of the land for park purposes and the commencement of first phase development, circumstances arise which indicate that another site would be more suitable for serving the park and recreation needs of the development's residents, the land may be sold and the resulting proceeds used to acquire or construct a more suitable site. (Ord. #69-85, §8-6232)
32-83.40 Procedure.
a. Land. At the time of approval of the tentative map or parcel map or issuance of a building permit in projects without maps, the Town shall determine under subsection 32-83.11 the land required for dedication. An offer of dedication shall be recorded at the same tune as the final or parcel map.
b. Fees. If the Town requires in lieu fee payment, the Town will set the amount of land upon which the in lieu fee will be based at the time of tentative map approval or building permit issuance in projects without maps.
The fee shall be established using land values at the time of final map approval or building permit issuance in projects without maps and using the formula in subsection 32-83.12. When a fee is required, it shall be paid at the time of the recording of the final map or building permit, whichever occurs first.
c. Other Covenants. Open space covenants for private park or recreation facilities shall be submitted to the Town before approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the map.
(Ord. #69-85, §8-6240)