The Town's Zoning Ordinance classifies all property into various zoning classifications which control both land uses and development standards.
In reviewing a proposed change of zoning, the request is evaluated for its consistency with the General Plan and the compatibility of land use with surrounding development. A zoning change will be evaluated on its community-wide benefit and enhancement of orderly growth, and not whether it increases property value. Residential densities will not necessarily be zoned at the highest General Plan density range. Increases in density under the General Plan shall normally occur with the Planned Unit Development Zoning process.
It is important that the zoning be consistent with all elements of the General Plan or the rezoning cannot be effected without a General Plan Amendment. In addition, the applicant is advised to review the proposed zoning in advance of formal application with surrounding residents and property owners as well as other parties who may be affected. Local utilities and other special agencies should also be contacted regarding requirements for future development in the area, if necessary.
It is recommended that the applicant submit a preliminary proposal to the planning staff prior to submission of the formal application. This will allow the planning and engineering staff to review the request and provide input to the applicant at a subsequent meeting on possible environmental concerns, General Plan and engineering requirements, stormwater C.3. requirements, traffic, site planning, and design criteria.
Rezoning requests are required to have an environmental assessment to determine if it will be necessary to prepare an Environmental Impact Report or negative declaration.
The Planning Commission is required to hold at least one (1) public hearing on rezoning applications. At least ten (10) days prior to the meeting, property owners within 750 feet of the subject site will be notified by mail of the hearing. A decision will be made by the Planning Commission after an evaluation of the public testimony, the staff report, and the environmental information is conducted. The recommendations of the Planning Commission will then be forwarded to the Town Council. If the Planning Commission recommends denial, no action will be taken by the Town Council unless a written appeal is filed with the City Clerk within ten (10) days after the notice of decision was mailed to the applicant.
Upon receipt of a Planning Commission recommendation for approval or an appeal of a denial, a Town Council public hearing will be scheduled. The same legal notifications provided for Planning Commission consideration are also provided for the Council hearing. At this hearing, the Council will take into consideration the public testimony, staff report, and environmental information as well as the recommendation of the Planning Commission.
Following the receipt of public testimony, the Town Council may (1) refer the matter back to the Planning Commission for further evaluation; (2) continue the public hearing to a specific time, date and place; or (3) close the public hearing and make its decision then or postpone it to a later date. The decision on approval or denial of the Town Council is final. It takes the following two (2) actions by the Town Council to approve a rezoning (1) introduction of an ordinance which usually occurs at the same meeting as the public hearing; (2) ordinance adoption at next Council meeting which must be at least fifteen (15) days later. There is a 30-day period after ordinance adoption before the rezoning becomes effective to allow for the filing of a referendum petition.
Note: Failure to provide the above information may result in a notice of incomplete application and suspension of processing until the submittal requirements are met. Should you have any questions regarding information required in the application or specific data required to accompany a rezoning application please contact the Planning Division.
Planning Division510 La Gonda WayDanville, CA 94526
T (925) 314-3310F (925) 838-0360
Monday - Friday: 8:30 a.m. to 5:00 p.m.