Agenda packet — Concord City Council, April 12, 2022 (part 2 of 5)

Concord Citywide Street Lighting APPENDIX B
Assessment District FY 2022-23 ASSESSMENT ROLL
Francisco & Associates
APPENDIX “B”
Fiscal Year 2022-23 ASSESSMENT ROLL
(on file with the City Clerk)

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Attachment 5

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Downtown Landscape
Maintenance District Resolution No. 22-XX
/
WHEREAS, the Downtown Landscape Maintenance District was created on November 14, 1983, by the adoption of Resolution No. 83-132; and
WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 1, 2022, adopted Resolution No. 22-9 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 12, 2022, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis

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2 Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 12, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 6

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Pine Hollow Landscape
and Lighting Maintenance District Resolution No. 22-XX
/
WHEREAS, the Pine Hollow Landscape and Lighting Maintenance District was created on January 28, 1985, by the adoption of Resolution No. 85-15; and WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 1, 2022, adopted Resolution No. 22-10 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 12, 2022, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis

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2 Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 7

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Landscape and Lighting
Assessment District No. 3 Resolution No. 22-XX
/
WHEREAS, the Landscape and Lighting Assessment District No. 3 was created on June 25, 1979, by the adoption of Resolution No. 79-6202; and
WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 1 2022, adopted Resolution No. 22-11 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 12, 2022, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis

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2 Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 8

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution Accepting the Preliminary
Engineer’s Report for the Concord Citywide Street
Lighting Assessment District Resolution No. 22-XX
/
WHEREAS, the Concord Citywide Street Lighting Assessment District was created on March 8, 1988, by the adoption of Resolution No. 88-46; and
WHEREAS, the City Council is required by the Streets and Highways Code 22500 et seq. to follow certain steps in order to levy an annual assessment; and WHEREAS, the City Council on March 1, 2022, adopted Resolution No. 22-12 ordering the preparation and filing of the Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report has been prepared and filed with the City Clerk; and
WHEREAS, the City Council, at its meeting on April 12, 2022, had before it the Preliminary Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

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2 Section 2. Accepts the Preliminary Engineer’s Report, a copy of which is on file in the Office of the City Clerk and is incorporated herein by reference.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 9

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearing for the
Downtown Landscape Maintenance District Resolution No. 22-XX /
WHEREAS, the Downtown Landscape Maintenance District was created on November 14, 1983, by the adoption of Resolution No. 83-132; and
WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Downtown Landscape Maintenance District during the Fiscal Year 2022/2023. The amount of the proposed assessment for Fiscal Year 2022/2023 is $461,688.48. The assessment for Fiscal Year 2022/2023 depends on each parcel’s square footage, street frontage, and respective benefit zone. The purpose of the assessment is for the maintenance of landscaping in the Concord downtown area. The area of land

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2 to be assessed is located within the boundaries of the City of Concord, County of Contra Costa.

Section 3. The improvements within said district include: the installation or planting of landscaping; the installation of landscaping and park and recreational improvements; the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof; and the maintenance or servicing of any of the foregoing.

Section 4. The Preliminary Engineer’s Report has been filed with the City Clerk and accepted by the City Council. All interested persons are referred to that report for a full and detailed description of the improvements, the properties to be assessed and the proposed assessments upon assessable lots and parcels of land within the assessment district.

Section 5. All interested parties may contact Craig Blythe, Administrative Services Manager, at (925) 671-3141 for additional information about the assessment. Section 5. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2578.

Section 6. On Tuesday, May 10, 2022, the City Council will conduct a public hearing on the question of the levy of the proposed assessment. The hearing will be held at 6:30 p.m. in the City Council Chambers located at 1950 Parkside Drive, Concord, California and remotely via Zoom.

Section 7. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 8. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
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//
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3 I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 12, 2021.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 10

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearings for the
Pine Hollow Landscape and Lighting Maintenance
District Resolution No. 22-XX
/
WHEREAS, the Pine Hollow Landscape and Lighting Maintenance District was created on January 28, 1985, by the adoption of Resolution No. 85-15; and WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Pine Hollow Landscape and Lighting Maintenance District during the Fiscal Year 2022/2023. No increase in the assessment rate is proposed for the Pine Hollow LMD. The amount of the proposed assessment is $61,755.46 for Fiscal Year 2022/2023. Each residential parcel within the district is to be assessed in

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2 proportion to the size in square feet of the dwelling. The proposed range for Fiscal Year 2022/2023 is approximately $70 - $208 per parcel. The area of land to be assessed is located within the boundaries of the City of Concord, County of Contra Costa.

Section 3. The improvements within the Pine Hollow Landscape and Lighting Maintenance District include: the installation or planting of landscaping; the installation of parks and recreational improvements; the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof; and the maintenance or servicing of any of the foregoing.

Section 7. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 8. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -

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3 I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 12, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 11

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention
to Order Improvements and to Set Public Hearing for
the Landscaping and Lighting Assessment District
No. 3 Resolution No. 22-XX
/
WHEREAS, the Landscaping and Lighting Assessment District #3 was created on June 25, 1979, by the adoption of Resolution No. 79-6202; and
WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Landscaping and Lighting Assessment Maintenance District No. 3 during the Fiscal Year 2022/2023. The area of land to be assessed is located within the boundaries of the City of Concord, County of Contra Costa.

Section 3. No increase in the assessment rate is proposed for Kirkwood. The total amount of

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2 the proposed assessment is $19,020 for Fiscal Year 2022/2023. The proposed assessment per parcel for Fiscal Year 2022/2023 is $40.64. The purpose of the assessment is for landscaping in center island medians, streetscapes, landscaped easements and common area landscaping in the Kirkwood area.

Section 4. The amount of the proposed assessment for Ygnacio Woods is $11,215.40 in Fiscal Year 2022/2023. The proposed assessment per parcel for Fiscal Year 2022/2023 is $320.44 per parcel. The purpose of the assessment is for the maintenance of common area landscaping in Ygnacio Woods.

Section 5. There is no assessment proposed for Balhan Terrace or Valley Terrace for Fiscal Year 2022/2023.

Section 6. The Preliminary Engineer’s Report has been filed with the City Clerk and accepted by the City Council. All interested persons are referred to that report for a full and detailed description of the improvements, the properties to be assessed and the proposed assessments upon assessable lots and parcels of land within the assessment district.

Section 7. All interested parties may contact Craig Blythe, Administrative Services Manager, at (925) 671-3141 for additional information about the assessment.

Section 8. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2578.

Section 9. On Tuesday, May 10, 2022, the City Council will conduct a public hearing on the question of the levy of the proposed assessment. The hearing will be held at 6:30 p.m. in the City Council Chambers located at 1950 Parkside Drive, Concord, California and remotely via Zoom.

Section 10. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 11. This resolution shall become effective immediately upon its passage and adoption. //
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3 PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 12

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Adoption of a Resolution of Intention to Order
Improvements and to Set Public Hearing for the
Citywide Street Lighting Assessment District Resolution No. 22-XX /
WHEREAS, the Concord Citywide Street Lighting Assessment District was created on March 8, 1988, by adoption of Resolution No. 88-46; and WHEREAS, pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code 22500 et seq.), the City must follow certain steps in order to levy an annual assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

This determination reflects the City’s independent judgment and analysis.

Section 2. The City Council intends to levy and collect assessments within the Citywide Street Lighting Assessment District during the Fiscal Year 2022/2023. No increase in the assessment rate is proposed for the Citywide Street Lighting Assessment District. The amount of the proposed assessment is $1,042,710 for Fiscal Year 2022/2023. The rate of assessment for Fiscal Year 2022/2023 is $25.00 per equivalent dwelling unit (EDU). The amount of the assessment per parcel

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2 for Fiscal Year 2022/2023 ranges from $12.50 to $500. The area of land to be assessed is located within the boundaries of the City of Concord, Contra Costa County.

Section 3. The improvements within this district generally consist of the installation, maintenance, and servicing of public lighting facilities in public places within the district. Public lighting facilities consist of pole mounted street lights within the public right-of-way and public parking areas of the City of Concord. Lighting facilities are intended to provide safety, security, and convenience of occupants, pedestrians, and travelers.

Section 4. The Preliminary Engineer’s Report has been filed with the City Clerk and accepted by the City Council. All interested persons are referred to this report for a full and detailed description of the improvements, the properties to be assessed, and the proposed assessment upon assessable parcels of land within the district.

Section 5. All interested parties may contact Craig Blythe, Administrative Services Manager, at (925) 671-3141 for additional information about the assessment.

Section 6. Property owners may mail a written protest against the assessment to the Office of the City Clerk at 1950 Parkside Drive, MS/03, Concord, California 94519-2578.

Section 7. On Tuesday, May 10, 2022, the City Council will conduct a public hearing on the question of the levy of the proposed assessment. The hearing will be held at 6:30 p.m. in the City Council Chambers located at 1950 Parkside Drive, Concord, California and remotely via Zoom.

Section 8. The City Clerk is authorized and directed to publish this notice of public hearing by publication of this resolution, as required by the Landscape and Lighting Act of 1972.

Section 9. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -

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3 I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 12, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Staff Report
Date: April 12, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering approval of purchases of stormwater green infrastructure construction materials in the not-to-exceed amount of $822,604.80 (includes original quotes total of $747,822.55 plus Staff authority to spend up to a 10%
contingency of $74,782.25) for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) (Caltrans Reimbursement Funds).

CEQA: Exempt per CEQA Guidelines Sections
15301 and 15302.

Report in Brief
The Hillcrest Park Regional Green Infrastructure Project involves installing stormwater quality treatment devices (green infrastructure), and other improvements within and near Hillcrest Community Park. Due to the strict funding requirements set forth in the City’s Cooperative Implementation Agreement (CIA) with Caltrans, it is necessary to purchase the construction materials listed within this report by May 2022, in advance of construction. The products recommended to be purchased are project specific trash capture devices and precast concrete structures. The purchases do not include installation. A Contractor will install these products during construction. The construction contract is currently being advertised and the award of the contract will be presented to City Council at a future date.

4.f

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City Council Agenda Report
Agenda Item No. 4.f
April 12, 2022
The City and its design consultant have identified the following products/materials to be purchased through two manufacturers or vendors:

Manufacturer/Vendor Product/Item Description Total Amount ($)* StormTrap 1 Site Saver STSS-4 Trash
Capture Device
2 Precast Concrete
Junction Chambers
1 Site Saver STSS-18
Trash Capture Device
2 Precast Concrete Vaults
(each 8’ x 8’ x 7’)
1 Upstream & Downstream
Precast Concrete Diversion
Structure
$466,934.67
ADS Storm Tech/
SiteOne Landscape
Supply
Storm Water Detention
Chambers (with associated
parts)
$280,887.88
TOTAL (from quotes) $747,822.55
*Includes procurement and sales tax. Does not include installation during construction (to be performed by the Contractor).

Recommended Action
Approve purchases of storm-water green infrastructure construction materials in the notto-exceed amount of $822,604.80 (includes original quotes total of $747,822.55 plus Staff authority to spend up to a 10% contingency of $74,782.25) for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) (Caltrans Reimbursement Funds).

Background
On June 9, 2020, the City Council approved the Cooperative Implementation Agreement (CIA) with Caltrans with the goal of pollutant reduction in stormwater runoff generated from both Caltrans Right-of-Way and the City of Concord, in which Caltrans agreed to provide funding of the Hillcrest Community Park – Regional Green Infrastructure Project (Project No. 2512). As part of the CIA, Caltrans agreed to provide $4.3 million in funding for the project’s design and construction.

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City Council Agenda Report
Agenda Item No. 4.f
April 12, 2022
The project includes two locations of large concrete junction boxes and trash capture units that collect trash, debris, and sediment (with associated sediment-bound pollutants, such as PCBs and mercury) from surrounding areas (StormTrap). One trash capture location is within the median at Arnold Industrial Place and Olivera Road, the other is in the sidewalk along Grant Street at the east end of the park. At the west end of Hillcrest Park, a large area of underground detention chambers will be installed to capture stormwater for reuse by the City for vegetation watering, dust control, and other uses aligning with the City’s Green Infrastructure Plan goals (ADS Storm Tech/SiteOne Landscape Supply).

Analysis
The Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) has reached design completion and at this time is advertised for bid, with construction expected to begin in July later this year. The project consists of a variety of work including, but not limited to: green infrastructure, trash capture devices, landscaping, irrigation, parking lot repaving and striping, ADA improvements, improved parking lot lighting, and new pedestrian pathways.

The stormwater green infrastructure and trash capture devices are the only items that the City will be purchasing prior to construction. It is necessary for the City to procure these specific materials ahead of time for the following reasons:
1) Caltrans strict funding requirements - City Staff had to fast-track the design schedule for this project in order to meet funding requirements set forth by the CIA between Caltrans and the City. Caltrans approved the funding but with deadlines in increments, with $1 million required to be spent by May 2022, $2 million by May 2023, and $1.3 million by May 2024. City Staff has worked diligently to ensure that these funds do not lapse and that the May 2022 deadline is met by purchasing these materials now.
2) Procuring these materials ahead of construction mitigates long lead times that could negatively impact construction schedule.

Upon Council approval of purchasing these materials, City Staff will reach out to each manufacturer/vendor to place orders as shown in the attached quotes from StormTrap and SiteOne. Later this year, after award of the construction contract, the awarded Contractor will be required to reach out and coordinate with each manufacturer/vendor in order to have the City procured materials delivered to the job site. The materials are to be certified and approved as part of the bid package.

Procurement Process
As noted in the table shown previously, the City will need to order materials from two manufacturers/vendors. This section provides an overview of the sole source justification for each order of materials. City of Concord Municipal Code Section

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City Council Agenda Report
Agenda Item No. 4.f
April 12, 2022

3.10.080 allows the waiver of bidding regulations for sole source purchases. The procurement process for each of the two manufacturers is as follows:
1) StormTrap is a manufacturer that has been actively involved in the design of the project and trash capture related devices. The StormTrap Site Saver devices, and manholes to be purchased were designed specifically for this project by one of StormTrap’s registered Civil Engineers. The Site Saver trash capture devices are custom designs and unique, with specific dimensions and characteristics.

City Staff has obtained a quote from StormTrap for ordering these materials. 2) ADS is the second manufacturer that has provided a unique, project specific design for the detention chamber configuration that will be installed at the west end of Hillcrest Community Park. ADS also has a registered Civil Engineer that will be stamping their plan sheet(s) accordingly. Unfortunately, ADS does not ship or deliver their own materials. ADS only allows orders through third party vendors. As a result, City staff reached out to three vendors for quotes that supply ADS Storm Tech detention chambers that can accommodate ADS’ project specific design. The vendor known as SiteOne provided the lowest quote and was thus selected to provide the materials.

Financial Impact
The current project budget, which consists of $200,000 from Storm Water (Fund 270) and $4,300,000 from Caltrans Reimbursement (Fund 402), is sufficient to fully fund design, these purchases, and the original project scope for construction. The estimated total cost for design and construction of this project is $4,500,000 (including these purchases).

Environmental Determination
The purchase of storm-water green infrastructure materials for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) is Categorically Exempt from the requirements for preparing of an environmental document as provided for CEQA Guidelines Sections 15301 – Existing Facilities, and 15302 – Replacement or Reconstruction.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. StormTrap Quote

3. SiteOne Quote

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ATTACHMENT 1
Project Location Map
Hillcrest Community Park – Regional Green Infrastructure – PJ 2512 SITE

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Page | 1
StormTrap Budget Estimate for City of Concord – West Trash Capture (Arnold Industrial Place) & East Trash Capture (Hillcrest Park)
March 8, 2022
Attention: Lee Taubeneck
Dear Lee,
StormTrap, LLC (StormTrap) is pleased to present our budget estimate for the above-mentioned project.

StormTrap is the leading provider of innovative stormwater management solutions in North America offering solutions for managing runoff, protecting waterways, and improving the use of owners’ and municipalities’ properties.

Headquartered in the Greater Chicago area, StormTrap has dedicated stormwater management professionals across the United States and Canada who work with owners, municipalities, and engineers to identify and develop the best solutions to meet project objectives and requirements. StormTrap has been providing high quality, cost-effective stormwater management solutions since 2000. In addition to the United States, StormTrap contributes in helping develop low impact solutions for projects across Australia, New Zealand, Western Canada, Malaysia, and Singapore through our licensed providers of the StormTrap stormwater management solutions.

StormTrap is very capable and ready to work closely with NCE to provide a custom designed SiteSaver solution. StormTrap will provide NCE a full design and furnish all system components listed in section 1 of this proposal.

StormTrap Project Contacts:

John Shallahamer
Water Quality Solutions Specialist – Southwest
Direct 415 405 6355
[email protected]
Samantha Brown
General Sales Manager – Water Quality
Direct 513 441 2956
[email protected]
Robert Moran
Senior Design Engineer
Direct 815 405 1670
[email protected]
Dan Fajman
General Manager – Water Quality
Direct 815 341 9890
[email protected]
Attachment 2

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Page | 2
Project Scope Summary:

StormTrap’s scope of work will include the details below for the above-named project represented in StormTrap Preliminary Drawings attached in the Exhibit A.

1. Project Details
a. West Trash Capture (Arnold Industrial Place)
i. (2 ea.) STSS-4 (In-Line)

1. 3 picks per SiteSaver (Base Piece + Top Piece + Internals)

2. Max pick weight approx.= 22,000#
ii. (2 ea.) Junction Chambers

1. 2 picks per junction chamber (Base Piece + Top Piece)

2. Max pick weight approx.. = 16,500#
b. East Trash Capture (Hillcrest Park)
i. STSS-18 (Offline)

1. 3 picks (Base Piece + Top Piece + Internals)

2. Max pick weight approx.= 22,000#
ii. (2 ea.) Junction Chambers

1. 2 picks per junction chamber (Base Piece + Top Piece)

2. Max pick weight approx.. = 12,000#
iii. (2 ea.) Precast Vaults (8’x8’x7’ ID)

1. 2 picks (Base Piece + Top Piece)

2. Max pick weight approx.. = 25,000#
iv. US Diversion Structure (w/ Weir Wall)

1. 2 picks (Base Piece + Top Piece)

2. Max pick weight approx. = 25,000#
v. DS Diversion Structure

1. 2 picks (Base Piece + Top Piece)

2. Max pick weight approx. = 18,000#
• Items included by StormTrap:
o Pre-casted access openings with pipe penetrations.
o Joint tape (all structures) for joint soil tightness. o Joint wrap for all SiteSaver units
o 1 set (4 total) of lifting clutches to be used for the SiteSaver units o Delivery to jobsite, weekdays, normal business hours. o Project Manager for scheduling production and delivery of StormTrap items, attendance at preconstruction meeting, and on-site during installation as needed. • Items excluded by StormTrap on Exhibit A:
o Unloading and installation of pieces
o Weekend and after business hours Delivery
o Risers, frames, covers and related accessories for access openings and pipe penetrations o Filter Fabric for soil separation
o Waterproofing Sealants or Geomembrane Liners, if required by civil engineer o Applicable sales tax

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Page | 3

2. Terms and Conditions
a. StormTrap’s standard terms and conditions. See Exhibit A. b. A 40% Deposit is due five days prior to delivery with the remainder due Net 30 from delivery pending credit approval.
c. Final project schedule to be mutually agreed upon.
d. This pricing is valid for 30 days from the date of the proposal.

3. Installation Information
a. Production lead times: 8-10 weeks after approved submittal drawings are provided to StormTrap b. Our Operations team will work with you on the logistics / coordination of the installation / delivery process. This includes availability of product, delivery sequence / schedule & being on site at least for the early portion of the installation process to help answer questions. c. StormTrap’s Project Manager will plan to be on the project site during installation on an as needed basis.

StormTrap Proposal:

As requested by NCE, below is the list of system components included with the complete StormTrap system. This budget estimate is based upon StormTrap Preliminary Drawings attached in Exhibit A. The final proposal will be sent at a future date once the US/DS Diversion structure designs are finalized.

Thank you for taking the time to review this information. Should you have any questions, please do not hesitate to contact me via email or phone. I look forward to working with you on this project! John Shallahamer
Water Quality Solutions Specialist – Southwest
Direct 415 405 6355
Email [email protected]
StormTrap Materials Item Budget
West Trash Capture (Arnold Industrial Place)
(2 ea.) STSS-4 w/ (2ea.) Junction Chambers $144,800
Subtotal (Excluding Tax) $144,800
East Trash Capture (Hillcrest Park)
STSS-18 w/ (2 ea.) Junction Chambers $104,890
US Diversion Structure (w/ Weir Wall) & DS Diversion Structures $105,040 (2 ea.) Precast Vaults (8’x8’x7’ ID) $70,723
Subtotal (Excluding Tax) $ 280,653.00
Project Total (Excluding Tax) $ 425,453.00

Page 8 of 29 ends

Page | 4
EXHIBIT A:

StormTrap Preliminary Drawings

Page 9 of 29 ends

SITESAVER STSS-4 R FIXED XL TRASH BASKET

STORMTRAP CONTACT INFORMATION
SITESAVER SUPPLIER:

SALES EMAIL:

CELL PHONE:

CONTACT NAME:

STORMTRAP

COVER SHEET
PAGE

0.0 DESCRIPTION

SHEET INDEX

1.0 SITESAVER DESIGN PLAN

2.0 SITESAVER SYSTEM LAYOUT

3.0 SITESAVER INSTALLATION SPECIFICATIONS

3.1 SITESAVER INSTALLATION PROCEDURE

4.0 SITESAVER BACKFILL SPECIFICATIONS

5.0 RECOMMENDED PIPE / ACCESS OPENING SPECIFICATIONS
John Shallahamer
(415) 405-6355
[email protected]

1.1 SITESAVER DESIGN CRITERIA

COVER SHEET

0.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PATENTS LISTED AT: [HTTP://STORMTRAP.COM/PATENT] 1287 WINDHAM PARKWAY ROMEOVILLE, IL 60446
P:815-941-4549 / F:331-318-5347
Schaaf and Wheeler
870 Market Street
Suite 1278
San Francisco, CA 94102
(415) 271-3117
12/20/2021

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 10 of 29 ends

SYSTEM INFORMATION
INLET TYPE: 72" RCP
OUTLET TYPE: 72" RCP
DESIGN FLOW: 70 CFS
PEAK FLOW: 170 CFS
TRASH CAPTURE: 200 FT3 HEAD LOSS (WQ FLOW): < 10"
STSS-4 FB
Ø36" MANHOLE

FRAME & COVER
(4 TYP.)

PRECAST

JUNCTION CHAMBER
Ø36" MANHOLE

FRAME & COVER
(2 TYP.)

PLAN VIEW

ELEVATION VIEW

SIDE VIEW
INLET
INVERT ELEV 12.50
72" RCP (TYP.)
72" RCP (TYP.)
INVERT ELEV 12.50
72" RCP (TYP.)

SITESAVER
PLAN

1.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 11 of 29 ends

NOTES & SPECIFICATIONS:

1. SITESAVER MODULES SHALL BE MANUFACTURED AND INSTALLED

ACCORDING TO SHOP DRAWINGS APPROVED BY THE INSTALLING
CONTRACTOR AND ENGINEER OF RECORD. THE SHOP DRAWINGS

SHALL INDICATE SIZE AND LOCATION OF ROOF OPENINGS AND

INLET/OUTLET PIPE TYPES, SIZES, INVERT ELEVATIONS, AND SIZES OF OPENINGS.

2. COVER RANGE MIN 0.50' MAX 10.00' (CONSULT STORMTRAP FOR

ADDITIONAL COVER OPTIONS)

3. ALL DIMENSIONS AND SOIL CONDITIONS, INCLUDING BUT NOT

LIMITED TO GROUNDWATER AND SOIL BEARING CAPACITY, ARE

REQUIRED TO BE VERIFIED IN THE FIELD BY OTHERS PRIOR TO SITESAVER INSTALLATION.

4. CONTRACTOR TO MAKE STRUCTURE WATERTIGHT IN THE FIELD.

5. CONTRACTOR TO ENSURE FRAMES & COVER CLEAR OPENING
DIMENSIONS & LOAD RATINGS ARE MET.

6. TRASH BASKET: 96" LG. WITH 30" X 30" INLET OPENING (NOMINAL DIMENSIONS).

7. CONCRETE: 6,000 P.S.I. @ 28 DAYS 5%-8% ENTRAINED
AIR.

8. HS-20 LOAD RATING WITH 6" MIN TO 10'-0" MAX EARTH COVER.

9. WATER TABLE IS ASSUMED BELOW SYSTEM INVERT AND SOIL DENSITY OF 120 PCF

10. LIFTING: (8) 6" MIN. SLAB UTILITY ANCHORS.
(4) UTILITY ANCHORS FOR RISER SECTIONS.

11. STRUCTURE TOLERANCE= 1/4".

12. WEIGHT: INSERT: 3,600#
BOTTOM SECTION: 20,700# (WEIGHT VARIES)
TOP SECTION: 21,700# (WEIGHT VARIES)

FRONT ELEVATION
4 2 3
6 5
CL CL
1 1
RISER W/ Ø24" CLEAR OPENING

FRAME & COVER
(SUPPLIED BY OTHERS)
RISER W/ 42" x 42" CLEAR OPENING

FRAME & COVER
(SUPPLIED BY OTHERS)
SYSTEM INFORMATION (EACH, 2 TOTAL)
WATER QUALITY FLOW RATE: 35.00 CFS (70.00 CFS)
PEAK FLOW RATE: 85.00 CFS (170.00 CFS)
TRASH STORAGE: 100 FT3 200 FT3)
SEDIMENT STORAGE: 155 FT3 310 FT3)
EFFECTIVE SETTLING AREA: 86.0 FT2 (172.0 FT2 INLET TYPE: 3' x 5' OPENING OUTLET TYPE: 3' x 5' OPENING

BILL OF MATERIALS
SITESAVER SS4 INSERT

ITEM QTY DESCRIPTION
3 1
2 1
6 1
8 4 1
1 7
42" X 42" HATCH (SUPPLIED BY OTHERS)
Ø24" MANHOLE FRAME & COVER (SUPPLIED BY OTHERS) 1
5 1 SITESAVER MODULE (TOP & BOTTOM)
1 INSTALLATION HARDWARE KIT 3 SWELLSTOP ROLLS
TRASH BASKET 3/16" MESH [6061 OR 5052 ALUMINUM]
FIXED XL TRASH BASKET FRAME [6061 OR 5052 ALUMINUM]

SITESAVER
DESIGN

CRITERIA

1.1 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 12 of 29 ends

IZES OF

DENSITY INLET

PLAN VIEW OUTLET
REAR
FRONT
NOTES & SPECIFICATIONS:

1. DIMENSIONING OF SITESAVER SYSTEM SHOWN BELOW ALLOW FOR A 3/4" GAP BETWEEN CONCRETE COMPONENTS, 1/4" GAP FOR STEEL COMPONENTS.

2. ALL DIMENSIONS TO BE VERIFIED IN THE FIELD BY OTHERS.

3. SEE SHEET 3.0 FOR INSTALLATION SPECIFICATIONS.

4. IT IS THE CONTRACTORS RESPONSIBILITY TO ENSURE
CONSISTENCY/ACCURACY TO FINAL ENGINEER OF RECORD PLAN SET. 6" STONE BASE
(SEE SHEET 4.0)

0.50' (MIN) 10.00' (MAX)
10'-0" SITESAVER
6" (TYP.)
8"
ALLOWABLE MAX GRADE = 26.50
ALLOWABLE MIN GRADE = 17.00 SEE SHEET 4.0 FOR

BACKFILL SPECIFICATIONS
MIN. 3000 PSF BEARING CAPACITY

TO BE VERIFIED IN FIELD BY OTHERS

DESIGN CRITERIA
ALLOWABLE MAX GRADE: 26.50 FT
ALLOWABLE MIN GRADE: 17.00 FT
INSIDE HEIGHT ELEVATION: 15.83 FT
SYSTEM INVERT: 5.33 FT
PIPE INVERT: 12.50 FT
10'-0" SITESAVER
SYSTEM INVERT = 5.33
PIPE INVERT = 12.50

SITESAVER

SYSTEM LAYOUT

2.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 13 of 29 ends

SITESAVER INSTALLATION SPECIFICATIONS

1. SITESAVER SHALL BE INSTALLED IN ACCORDANCE WITH ASTM C891, STANDARD FOR INSTALLATION OF UNDERGROUND PRECAST CONCRETE UTILITY STRUCTURES, THE FOLLOWING ADDITIONS AND/OR EXCEPTIONS SHALL APPLY:

2. IT IS THE RESPONSIBILITY OF THE INSTALLING CONTRACTOR TO ENSURE THAT PROPER/ADEQUATE EQUIPMENT IS USED TO SET/INSTALL THE MODULES.

3. SITESAVER MODULES CAN BE PLACED ON A LEVEL, 6" FOUNDATION OF 3 4" AGGREGATE EXTENDING 2'-0" PAST THE OUTSIDE OF
THE SYSTEM (SEE DETAIL 1) AND SHALL BE PLACED ON PROPERLY COMPACTED SOILS (SEE SHEET 2.0 FOR SOIL BEARING CAPACITY REQUIREMENTS), AND IN ACCORDANCE WITH ASTM C891 STANDARD PRACTICE FOR INSTALLATION OF UNDERGROUND PRECAST UTILITY STRUCTURES.

4. THE HORIZONTAL JOINT BETWEEN THE TOP AND BASE LEG CONNECTION OF THE SITESAVER MODULES SHALL BE SEALED WITH SIKA GREENSTREAK SWELLSTOP 3/4" X 1" PER MANUFACTURER'S INSTRUCTIONS. (SEE DETAIL 2)

5. IF THE CONTRACTOR NEEDS TO CANCEL ANY SHIPMENTS, THEY MUST DO SO 48 HOURS PRIOR TO THEIR SCHEDULED ARRIVAL AT THE JOB SITE. IF CANCELED AFTER THAT TIME, PLEASE CONTACT THE PROJECT MANAGER.

6. IF THE SITESAVER MODULE(S) IS DAMAGED IN ANY WAY PRIOR, DURING, OR AFTER INSTALL, STORMTRAP MUST BE

CONTACTED IMMEDIATELY TO ASSESS THE DAMAGE AND TO DETERMINE WHETHER OR NOT THE MODULE(S) WILL NEED TO BE REPLACED. IF ANY MODULE ARRIVES AT THE JOBSITE DAMAGED DO NOT UNLOAD IT; CONTACT STORMTRAP IMMEDIATELY. ANY DAMAGE NOT REPORTED BEFORE THE TRUCK IS UNLOADED WILL BE THE CONTRACTOR'S RESPONSIBILITY.

7. SITESAVER MODULES CANNOT BE ALTERED IN ANY WAY AFTER MANUFACTURING WITHOUT WRITTEN CONSENT FROM STORMTRAP.

EXTERIOR WALL

OF SITESAVER
DETAIL 1 DETAIL 2
3/4" X 1" SWELLSTOP
(SEE NOTE 4)
6" STONE BASE
(SEE NOTE 3)
2'-0" OVERHANG
(SEE NOTE 3)

SITESAVER

INSTALLATION

SPECIFICATIONS

3.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 14 of 29 ends

SITESAVER

INSTALLATION

PROCEDURE

3.1 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS
STEP 1 - INSTALL BASE MODULE
STEP 2 - PLACE INTERNALS
STEP 4 - SET TOP MODULE
STEP 3 - PLACE TRASH BASKET
STEP 5 - CONNECT INTERNALS TO MODULES

SUPPORT ANGLES PREINSTALLED

AT PRECAST FACILITY

SITESAVER INSERT

BASE MODULE

TOP MODULE
CONNECT SITESAVER INSERT TO SIDEWALL WITH (2) Ø3/8" WEDGE ANCHORS AT EACH LOCATION (4 LOCATIONS) CONNECT BASKET SUPPORT FRAME TO
ENDWALL WITH (2) Ø3/8" WEDGE ANCHORS

FIXED XL TRASH BASKET

CONNECT BASKET SUPPORT FRAME TO
SITESAVER INSERT WITH (3) Ø1/4" RIVETS

BASKET SUPPORT FRAME

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 15 of 29 ends

ZONE 2 ZONE 2
ZONE 1
ZONE 3

BACKFILL DETAIL

STEPPED OR SERRATED AND

APPLICABLE OSHA REQUIREMENTS
(SEE BACKFILL NOTE 1)

ZONES ZONE DESCRIPTIONS REMARKS
ZONE 1 FOUNDATION AGGREGATE #5 (3
4") AGGREGATE
(SEE NOTE 4 FOR DESCRIPTION)
ZONE 2 BACKFILL #5 (3
4") AGGREGATE
(SEE NOTE 4 FOR DESCRIPTION)
ZONE 3 FINAL COVER OVERTOP MATERIALS NOT TO EXCEED
120 PCF

1. THE FILL PLACED AROUND THE STORMTRAP MODULES MUST DEPOSITED ON BOTH SIDES AT THE SAME TIME AND TO APPROXIMATELY THE SAME ELEVATION. AT NO TIME SHALL THE FILL BEHIND ONE SIDE WALL BE MORE THAN 2'-0" HIGHER THAN THE FILL ON THE OPPOSITE SIDE. BACKFILL SHALL EITHER BE COMPACTED AND/OR VIBRATED TO ENSURE THAT BACKFILL AGGREGATE/STONE MATERIAL IS WELL SEATED AND PROPERLY INTER LOCKED. CARE SHALL BE

TAKEN TO PREVENT ANY WEDGING ACTION AGAINST THE STRUCTURE, AND ALL SLOPES WITHIN THE AREA TO BE BACKFILLED MUST BE STEPPED OR SERRATED TO PREVENT WEDGING ACTION. CARE SHALL ALSO BE TAKEN AS NOT TO DISRUPT THE JOINT WRAP FROM THE JOINT DURING THE BACKFILL PROCESS. BACKFILL MUST BE FREE-DRAINING MATERIAL. SEE ZONE 2 BACKFILL CHART ON THIS PAGE FOR APPROVED BACKFILL OPTIONS. IF NATIVE EARTH IS

SUSCEPTIBLE TO MIGRATION, CONFIRM WITH GEOTECHNICAL ENGINEER AND PROVIDE PROTECTION AS REQUIRED (PROVIDED BY OTHERS).

2. DURING PLACEMENT OF MATERIAL OVERTOP THE SYSTEM, AT NO TIME SHALL MACHINERY BE USED OVERTOP THAT EXCEEDS THE DESIGN LIMITATIONS OF THE SYSTEM. WHEN PLACEMENT OF MATERIAL OVERTOP, MATERIAL SHALL BE

PLACED SUCH THAT THE DIRECTION OF PLACEMENT IS PARALLEL WITH THE OVERALL LONGITUDINAL DIRECTION OF THE SYSTEM WHENEVER POSSIBLE.

3. THE FILL PLACED OVERTOP THE SYSTEM SHALL BE PLACED AT A MINIMUM OF 6" LIFTS. AT NO TIME SHALL MACHINERY OR VEHICLES GREATER THAN THE DESIGN HS-20 LOADING CRITERIA TRAVEL OVERTOP THE SYSTEM WITHOUT THE MINIMUM DESIGN COVERAGE. IF TRAVEL IS NECESSARY OVERTOP THE SYSTEM PRIOR TO ACHIEVING THE MINIMUM

DESIGN COVER, IT MAY BE NECESSARY TO REDUCE THE ULTIMATE LOAD/BURDEN OF THE OPERATING MACHINERY SO AS TO NOT EXCEED THE DESIGN CAPACITY OF THE SYSTEM. IN SOME CASES, IN ORDER TO ACHIEVE REQUIRED COMPACTION, HAND COMPACTION MAY BE NECESSARY IN ORDER NOT TO EXCEED THE ALLOTTED DESIGN LOADING.

SEE CHART FOR TRACKED VEHICLE WIDTH AND ALLOWABLE MAXIMUM PRESSURE PER TRACK.

4. FREE DRAINING AGGREGATE - 80% AGGREGATE RETAINED ON 1 2" SIEVE MAJORITY OF AGGREGATE SIZE BETWEEN 12" AND 1" ONLY 5% OF MATERIAL PASSING #200 SIEVE NO FINES.

5. STORMTRAP RECOMMENDS STONE SUBBASE FOR LEVELING PURPOSES ONLY (OPTIONAL). IF STONE SUBBASE IS REQUIRED FOR INFILTRATION, THE DEPTH OF STONE SHALL BE DETERMINED BY THE EOR.

GEOFABRIC/GEOTEXTILE AS REQUIRED PER APPROVED
ZONE 2 BACKFILL OPTIONS. GEOFABRIC/GEOTEXTILE AS REQUIRED PER APPROVEDZONE 2 BACKFILL OPTIONS.

APPROVED ZONE 2 BACKFILL OPTIONS

OPTION REMARKS
3 4" STONE

AGGREGATE
THE STONE AGGREGATE SHALL CONSIST OF CLEAN AND FREE DRAINING ANGULAR MATERIAL.

THE SIZE OF THIS MATERIAL SHALL HAVE 100% PASSING THE 1” SIEVE WITH 0 TO 5% PASSING THE #8 SIEVE. THIS MATERIAL SHALL BE SEPARATED FROM NATIVE MATERIAL USING GEOFABRIC AROUND THE PERIMETER OF THE BACK FILL. (IDOT CA11, ASTM SIZE NO. 57) SAND

IMPORTED PURE SAND IS PERMITTED TO BE USED AS BACKFILL IF IT IS CLEAN AND FREE DRAINING. THE SAND USED FOR BACKFILLING SHALL HAVE LESS THAN 40% PASSING #40 SIEVE AND LESS THAN 5% PASSING #200 SIEVE. THIS MATERIAL SHALL BE SEPARATED FROM NATIVE MATERIAL USING GEOFABRIC AROUND THE PERIMETER OF THE SAND BACKFILL.

CRUSHED

CONCRETE

AGGREGATE
CLEAN, FREE DRAINING CRUSHED CONCRETE AGGREGATE MATERIAL CAN BE USED AS BACKFILL FOR STORMTRAP’S MODULES. THE SIZE OF THIS MATERIAL SHALL HAVE 100% PASSING THE 1” SIEVE WITH 0 TO 5% PASSING THE #8 SIEVE. THIS MATERIAL SHALL BE SEPARATED FROM NATIVE MATERIAL USING GEOFABRIC AROUND THE PERIMETER OF THE BACKFILL. ROAD PACK STONE AGGREGATE 100% PASSING THE 1-½” SIEVE WITH LESS THAN 12% PASSING THE #200 SIEVE. (IDOT CA6, ASTM SIZE NO. 467)

SITESAVER

BACKFILL

SPECIFICATIONS

4.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 16 of 29 ends

RISER DETAIL

FRAME & COVER AS
SPECIFIED BY SHEET 1.0
(SUPPLIED BY OTHERS)

NON-SHRINK GROUT

PRECAST CONCRETE ADJUSTING RINGS,

BARREL OR CONE SECTIONS AS NEEDED

SEE RECOMMENDED ACCESS OPENING
SPECIFICATION NOTE 4. (SUPPLIED BY OTHERS)

PIPE CONNECTION DETAIL

RECOMMENDED

ACCESS OPENING SPECIFICATION

1. A TYPICAL ACCESS OPENING FOR THE SITESAVER SYSTEM ARE 2'-0" IN DIAMETER AND 42" X 42" SQUARE. CONSULT STORMTRAP FOR ALTERNATE OPENING SIZES AND LOCATIONS ALL OPENINGS MUST RETAIN AT LEAST 1'-0" OF CLEARANCE FROM THE END OF THE SITESAVER MODULE UNLESS NOTED OTHERWISE. ALL ACCESS OPENINGS TO BE LOCATED AS SHOWN UNLESS OTHERWISE SPECIFIED.

2.SITESAVER LIFTING INSERTS MAY BE RELOCATED TO AVOID INTERFERENCE WITH ACCESS OPENINGS OR THE CENTER OF GRAVITY OF THE MODULE AS NEEDED.

3. ACCESS OPENINGS SHOULD BE LOCATED IN ORDER TO MEET THE APPROPRIATE MUNICIPAL REQUIREMENTS. STORMTRAP RECOMMENDS AT LEAST TWO ACCESS OPENINGS PER SYSTEM FOR ACCESS AND INSPECTION.

4. USE PRECAST ADJUSTING RINGS AS NEEDED TO MEET GRADE. STORMTRAP RECOMMENDS FOR COVER OVER 2' TO USE PRECAST BARREL OR CONE INSPECTIONS.

RECOMMENDED

PIPE OPENING SPECIFICATION

1. MINIMUM EDGE DISTANCE FOR AN OPENING ON THE OUTSIDE WALL SHALL BE NO LESS THAN 1'-0".

2. MAXIMUM OPENING SIZE TO BE DETERMINED BY THE MODULE HEIGHT. PREFERRED OPENING SIZE Ø 30" OR LESS. ANY OPENING NEEDED THAT DOES NOT FIT THIS CRITERIA SHALL BE BROUGHT TO THE ATTENTION OF STORMTRAP FOR REVIEW.

3. CONNECTING PIPES SHALL BE INSTALLED WITH STRUCTURAL GRADE CONCRETE OR HIGH STRENGTH, NON-SHRINK GROUT WITH A MINIMUM 28 DAY COMPRESSIVE STRENGTH OF 3000 PSI SHALL BE USED (SEE PIPE CONNECTION DETAIL).

4. THE ANNULAR SPACE BETWEEN THE PIPE AND THE HOLE SHALL BE FILLED WITH HIGH STRENGTH NON-SHRINK GROUT.

RECOMMENDED PIPE

INSTALLATION INSTRUCTIONS

1. CLEAN AND LIGHTLY LUBRICATE ALL OF THE PIPE TO BE INSERTED INTO SITESAVER.

2. IF PIPE IS CUT, CARE SHOULD BE TAKEN TO ALLOW NO SHARP EDGES. BEVEL AND LUBRICATE LEAD END OF PIPE.

3. ALIGN CENTER OF PIPE TO CORRECT ELEVATION AND INSERT INTO OPENING.

NOTE: ALL ANCILLARY PRODUCTS RECOMMENDED AND SHOWN ON THIS SHEET ARE RECOMMENDATIONS ONLY AND SUBJECT TO CHANGE PER THE INSTALLING CONTRACTOR.

INLET/OUTLET
PIPE

PRECAST CHAMBER
WALL

TYPICAL INCLINED

INSERT CONNECTION

FORMED WALL ANGLE
(ALUMINUM)
3/8" IN. DIA. HILTI KB3
TYP.

PRECAST CHAMBER

WALL ALUMINUM SUPPORT
PLATE

SITESAVER
INSERT

RECOMMENDED

PIPE / ACCESS

OPENING

SPECIFICATIONS

5.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/20/2021 PRELIMINARY RJL NTS

CITY OF CONCORD CONTRA

COSTA COUNTY CONCORD,

CALIFORNIA

ARNOLD INDUSTRIAL PLACE
STSS-4 FB

Page 17 of 29 ends

SITESAVER STSS-18 R FIXED XL TRASH BASKET

STORMTRAP CONTACT INFORMATION
SITESAVER SUPPLIER:

SALES EMAIL:

CELL PHONE:

CONTACT NAME:

STORMTRAP

COVER SHEET
PAGE

0.0 DESCRIPTION

SHEET INDEX

1.0 SITESAVER DESIGN CRITERIA

2.0 SITESAVER SYSTEM LAYOUT

3.0 SITESAVER INSTALLATION SPECIFICATIONS

3.1 SITESAVER INSTALLATION PROCEDURE

4.0 SITESAVER BACKFILL SPECIFICATIONS

5.0 RECOMMENDED PIPE / ACCESS OPENING SPECIFICATIONS
John Shallahamer
(415) 405-6355
[email protected]

1.1 SITESAVER DESIGN PLAN

COVER SHEET

0.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 18 of 29 ends

STSS-18 FB
Ø36" MANHOLE

FRAME & COVER
(2 TYP.)

PRECAST

JUNCTION CHAMBER

SYSTEM INFORMATION
INLET TYPE: 60" RCP
OUTLET TYPE: 60" RCP
DESIGN FLOW: 70 CFS
PEAK FLOW: 70 CFS (OFFLINE)
TRASH CAPTURE: 100 FT3 HEAD LOSS (WQ FLOW): < 10"
60" RCP (TYP.)

PLAN VIEW

ELEVATION VIEW

SIDE VIEW
INLET
INVERT ELEV 22.95 INVERT ELEV 22.95
Ø36" MANHOLE

FRAME & COVER
(2 TYP.)
60" RCP (TYP.) 60" RCP (TYP.)

SITESAVER
PLAN

1.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 19 of 29 ends

NOTES & SPECIFICATIONS:

1. SITESAVER MODULES SHALL BE MANUFACTURED AND INSTALLED

ACCORDING TO SHOP DRAWINGS APPROVED BY THE INSTALLING
CONTRACTOR AND ENGINEER OF RECORD. THE SHOP DRAWINGS

SHALL INDICATE SIZE AND LOCATION OF ROOF OPENINGS AND

INLET/OUTLET PIPE TYPES, SIZES, INVERT ELEVATIONS, AND SIZES OF OPENINGS.

2. COVER RANGE MIN 0.50' MAX 10.00' (CONSULT STORMTRAP FOR

ADDITIONAL COVER OPTIONS)

3. ALL DIMENSIONS AND SOIL CONDITIONS, INCLUDING BUT NOT

LIMITED TO GROUNDWATER AND SOIL BEARING CAPACITY, ARE

REQUIRED TO BE VERIFIED IN THE FIELD BY OTHERS PRIOR TO SITESAVER INSTALLATION.

4. CONTRACTOR TO MAKE STRUCTURE WATERTIGHT IN THE FIELD.

5. CONTRACTOR TO ENSURE FRAMES & COVER CLEAR OPENING
DIMENSIONS & LOAD RATINGS ARE MET.

6. TRASH BASKET: 96" LG. WITH 30" X 30" INLET OPENING (NOMINAL DIMENSIONS).

7. CONCRETE: 6,000 P.S.I. @ 28 DAYS 5%-8% ENTRAINED
AIR.

8. HS-20 LOAD RATING WITH 6" MIN TO 10'-0" MAX EARTH COVER.

9. WATER TABLE IS ASSUMED BELOW SYSTEM INVERT AND SOIL DENSITY OF 120 PCF

10. LIFTING: (8) 6" MIN. SLAB UTILITY ANCHORS.
(4) UTILITY ANCHORS FOR RISER SECTIONS.

11. STRUCTURE TOLERANCE= 1/4".

12. WEIGHT: INSERT: 3,600#
BOTTOM SECTION: 20,700# (WEIGHT VARIES)
TOP SECTION: 21,700# (WEIGHT VARIES)

FRONT ELEVATION
4 2 3
6 5
CL CL
1 1
RISER W/ Ø24" CLEAR OPENING

FRAME & COVER
(SUPPLIED BY OTHERS)
RISER W/ 42" x 42" CLEAR OPENING

FRAME & COVER
(SUPPLIED BY OTHERS)

SYSTEM INFORMATION
WATER QUALITY FLOW RATE: 70.00 CFS
PEAK FLOW RATE: 70.00 CFS (OFFLINE)
TRASH STORAGE: 100 FT3 SEDIMENT STORAGE: 155 FT3 EFFECTIVE SETTLING AREA: 387.0 FT2 INLET TYPE: 3' x 5' OPENING OUTLET TYPE: 3' x 5' OPENING

BILL OF MATERIALS
SITESAVER SS18 INSERT

SITESAVER
DESIGN

CRITERIA

1.1 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 20 of 29 ends

IZES OF

DENSITY PLAN VIEW OUTLET
REAR
FRONT
NOTES & SPECIFICATIONS:

1. DIMENSIONING OF SITESAVER SYSTEM SHOWN BELOW ALLOW FOR A 3/4" GAP BETWEEN CONCRETE COMPONENTS, 1/4" GAP FOR STEEL COMPONENTS.

2. ALL DIMENSIONS TO BE VERIFIED IN THE FIELD BY OTHERS.

3. SEE SHEET 3.0 FOR INSTALLATION SPECIFICATIONS.

4. IT IS THE CONTRACTORS RESPONSIBILITY TO ENSURE
CONSISTENCY/ACCURACY TO FINAL ENGINEER OF RECORD PLAN SET. 6" STONE BASE
(SEE SHEET 4.0)

0.50' (MIN) 10.00' (MAX)
10'-0" SITESAVER
6" (TYP.)
8"
SYSTEM INVERT = 16.28
ALLOWABLE MAX GRADE = 32.95
ALLOWABLE MIN GRADE = 27.45
SEE SHEET 4.0 FOR

BACKFILL SPECIFICATIONS
MIN. 3000 PSF BEARING CAPACITY

TO BE VERIFIED IN FIELD BY OTHERS

DESIGN CRITERIA
ALLOWABLE MAX GRADE: 32.95 FT
ALLOWABLE MIN GRADE: 27.45 FT
INSIDE HEIGHT ELEVATION: 27.33 FT
SYSTEM INVERT: 16.28 FT
PIPE INVERT: 22.95 FT
10'-0" SITESAVER
PIPE INVERT = 22.95 INLET

SITESAVER

SYSTEM LAYOUT

2.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 21 of 29 ends

SITESAVER INSTALLATION SPECIFICATIONS

1. SITESAVER SHALL BE INSTALLED IN ACCORDANCE WITH ASTM C891, STANDARD FOR INSTALLATION OF UNDERGROUND PRECAST CONCRETE UTILITY STRUCTURES, THE FOLLOWING ADDITIONS AND/OR EXCEPTIONS SHALL APPLY:

2. IT IS THE RESPONSIBILITY OF THE INSTALLING CONTRACTOR TO ENSURE THAT PROPER/ADEQUATE EQUIPMENT IS USED TO SET/INSTALL THE MODULES.

4. THE HORIZONTAL JOINT BETWEEN THE TOP AND BASE LEG CONNECTION OF THE SITESAVER MODULES SHALL BE SEALED WITH SIKA GREENSTREAK SWELLSTOP 3/4" X 1" PER MANUFACTURER'S INSTRUCTIONS. (SEE DETAIL 2)

5. IF THE CONTRACTOR NEEDS TO CANCEL ANY SHIPMENTS, THEY MUST DO SO 48 HOURS PRIOR TO THEIR SCHEDULED ARRIVAL AT THE JOB SITE. IF CANCELED AFTER THAT TIME, PLEASE CONTACT THE PROJECT MANAGER.

6. IF THE SITESAVER MODULE(S) IS DAMAGED IN ANY WAY PRIOR, DURING, OR AFTER INSTALL, STORMTRAP MUST BE

7. SITESAVER MODULES CANNOT BE ALTERED IN ANY WAY AFTER MANUFACTURING WITHOUT WRITTEN CONSENT FROM STORMTRAP.

EXTERIOR WALL

OF SITESAVER
DETAIL 1 DETAIL 2
3/4" X 1" SWELLSTOP
(SEE NOTE 4)
6" STONE BASE
(SEE NOTE 3)
2'-0" OVERHANG
(SEE NOTE 3)

SITESAVER

INSTALLATION

SPECIFICATIONS

3.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 22 of 29 ends

SITESAVER

INSTALLATION

PROCEDURE

3.1 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS
STEP 1 - INSTALL BASE MODULE
STEP 2 - PLACE INTERNALS
STEP 4 - SET TOP MODULE
STEP 3 - PLACE TRASH BASKET
STEP 5 - CONNECT INTERNALS TO MODULES

SUPPORT ANGLES PREINSTALLED

AT PRECAST FACILITY

SITESAVER INSERT

BASE MODULE

TOP MODULE
CONNECT SITESAVER INSERT TO SIDEWALL WITH (2) Ø3/8" WEDGE ANCHORS AT EACH LOCATION (4 LOCATIONS) CONNECT BASKET SUPPORT FRAME TO
ENDWALL WITH (2) Ø3/8" WEDGE ANCHORS

FIXED XL TRASH BASKET

CONNECT BASKET SUPPORT FRAME TO
SITESAVER INSERT WITH (3) Ø1/4" RIVETS

BASKET SUPPORT FRAME

Page 23 of 29 ends

ZONE 2 ZONE 2
ZONE 1
ZONE 3

BACKFILL DETAIL

STEPPED OR SERRATED AND

APPLICABLE OSHA REQUIREMENTS
(SEE BACKFILL NOTE 1)

SUSCEPTIBLE TO MIGRATION, CONFIRM WITH GEOTECHNICAL ENGINEER AND PROVIDE PROTECTION AS REQUIRED (PROVIDED BY OTHERS).

2. DURING PLACEMENT OF MATERIAL OVERTOP THE SYSTEM, AT NO TIME SHALL MACHINERY BE USED OVERTOP THAT EXCEEDS THE DESIGN LIMITATIONS OF THE SYSTEM. WHEN PLACEMENT OF MATERIAL OVERTOP, MATERIAL SHALL BE

PLACED SUCH THAT THE DIRECTION OF PLACEMENT IS PARALLEL WITH THE OVERALL LONGITUDINAL DIRECTION OF THE SYSTEM WHENEVER POSSIBLE.

SEE CHART FOR TRACKED VEHICLE WIDTH AND ALLOWABLE MAXIMUM PRESSURE PER TRACK.

4. FREE DRAINING AGGREGATE - 80% AGGREGATE RETAINED ON 1 2" SIEVE MAJORITY OF AGGREGATE SIZE BETWEEN 12" AND 1" ONLY 5% OF MATERIAL PASSING #200 SIEVE NO FINES.

5. STORMTRAP RECOMMENDS STONE SUBBASE FOR LEVELING PURPOSES ONLY (OPTIONAL). IF STONE SUBBASE IS REQUIRED FOR INFILTRATION, THE DEPTH OF STONE SHALL BE DETERMINED BY THE EOR.

GEOFABRIC/GEOTEXTILE AS REQUIRED PER APPROVED
ZONE 2 BACKFILL OPTIONS. GEOFABRIC/GEOTEXTILE AS REQUIRED PER APPROVEDZONE 2 BACKFILL OPTIONS.

APPROVED ZONE 2 BACKFILL OPTIONS

OPTION REMARKS
3 4" STONE

AGGREGATE
THE STONE AGGREGATE SHALL CONSIST OF CLEAN AND FREE DRAINING ANGULAR MATERIAL.

CRUSHED

CONCRETE

SITESAVER

BACKFILL

SPECIFICATIONS

4.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 24 of 29 ends

RISER DETAIL

FRAME & COVER AS
SPECIFIED BY SHEET 1.0
(SUPPLIED BY OTHERS)

NON-SHRINK GROUT

PRECAST CONCRETE ADJUSTING RINGS,

BARREL OR CONE SECTIONS AS NEEDED

SEE RECOMMENDED ACCESS OPENING
SPECIFICATION NOTE 4. (SUPPLIED BY OTHERS)

PIPE CONNECTION DETAIL

RECOMMENDED

ACCESS OPENING SPECIFICATION

2.SITESAVER LIFTING INSERTS MAY BE RELOCATED TO AVOID INTERFERENCE WITH ACCESS OPENINGS OR THE CENTER OF GRAVITY OF THE MODULE AS NEEDED.

3. ACCESS OPENINGS SHOULD BE LOCATED IN ORDER TO MEET THE APPROPRIATE MUNICIPAL REQUIREMENTS. STORMTRAP RECOMMENDS AT LEAST TWO ACCESS OPENINGS PER SYSTEM FOR ACCESS AND INSPECTION.

4. USE PRECAST ADJUSTING RINGS AS NEEDED TO MEET GRADE. STORMTRAP RECOMMENDS FOR COVER OVER 2' TO USE PRECAST BARREL OR CONE INSPECTIONS.

RECOMMENDED

PIPE OPENING SPECIFICATION

1. MINIMUM EDGE DISTANCE FOR AN OPENING ON THE OUTSIDE WALL SHALL BE NO LESS THAN 1'-0".

4. THE ANNULAR SPACE BETWEEN THE PIPE AND THE HOLE SHALL BE FILLED WITH HIGH STRENGTH NON-SHRINK GROUT.

RECOMMENDED PIPE

INSTALLATION INSTRUCTIONS

1. CLEAN AND LIGHTLY LUBRICATE ALL OF THE PIPE TO BE INSERTED INTO SITESAVER.

2. IF PIPE IS CUT, CARE SHOULD BE TAKEN TO ALLOW NO SHARP EDGES. BEVEL AND LUBRICATE LEAD END OF PIPE.

3. ALIGN CENTER OF PIPE TO CORRECT ELEVATION AND INSERT INTO OPENING.

NOTE: ALL ANCILLARY PRODUCTS RECOMMENDED AND SHOWN ON THIS SHEET ARE RECOMMENDATIONS ONLY AND SUBJECT TO CHANGE PER THE INSTALLING CONTRACTOR.

INLET/OUTLET
PIPE

PRECAST CHAMBER
WALL

TYPICAL INCLINED

INSERT CONNECTION

FORMED WALL ANGLE
(ALUMINUM)
3/8" IN. DIA. HILTI KB3
TYP.

PRECAST CHAMBER

WALL ALUMINUM SUPPORT
PLATE

SITESAVER
INSERT

RECOMMENDED

PIPE / ACCESS

OPENING

SPECIFICATIONS

5.0 SHEET NUMBER:

SHEET TITLE:

SCALE:

ISSUED FOR:

CURRENT ISSUE DATE:

PROJECT INFORMATION:

ENGINEER INFORMATION:

DWN
BY: REV. DATE: ISSUED FOR:

REVISIONS:

CITY OF CONCORD

CONTRA COSTA COUNTY

CONCORD, CALIFORNIA
HILLCREST PARK - STSS-18 FB
2/4/2022

PRELIMINARY
0 10/05/21 PRELIMINARY RJM
1 12/19/2021 PRELIMINARY RJL 2 1/12/22 PRELIMINARY RJM
3 2/4/22 PRELIMINARY RJM
NTS

Page 25 of 29 ends

Page 26 of 29 ends

Page 27 of 29 ends

Quotation
Pacheco CA #303
130 S Buchanan Cir Ste A
Pacheco, CA 94553-5125
W: (925)680-7620
Bill To:

Ship To:

City of Concord (#1319291)
2151 Salvio St Ste 350
Concord, CA 94520-6308
W: (925)671-3361 Created Quote# Due Date Expected Award Date Expiration Date 03/11/2022 5553671 03/11/2022 03/11/2022 04/11/2022
Printed Job Name Job Description Job Start Date
03/11/2022 16:50:18 Hillcrest Park Concord Ca 03/11/2022 Line
#
Item # Item Desc Qty Unit
Price
Extended
Price
1 Notice
“Force Majeure”
Item Note:

Due to the “Force Majeure” commodity items such as pipe, wire and etc. are changing frequently. All awarded pricing will be at the current market rate. Please contact your SiteOne sales representative for updates on the current market. 2 3 sc160 SC160 CHAMBER.(132/PALLET) 1,544 155.672 240,357.57 4 SC160IEPP08 SC160 END CAP.8" CORED 22 48.185 1,060.07 5 SC160EPP SC160 END CAP.(144/ PALLET) - USE SC160IEPP 61 48.185 2,939.29 6 0601TG 601.12.5' X258' (500Sy) 12 614.130 7,369.56
7 ADSPLUS125 ADSPLUS125.12.5' X 360'.(500 SY).(Woven Geotextile) 500 1.293 646.50 8 2708AG4IPKIT 8" X 4".STORM TECH INSP PORT.KIT 1 298.913 298.91 9 BL412SAW BLUE 412 HOLE SAW 1 275.696 275.70
10 862ST 8 in. N12 Soiltight Tee 36 52.924 1,905.26
11 0899ST ADS 8 in. Dw Soil Tight 90 Degree Elbow 2 44.380 88.76 12 ADS811AA 8 in. Split Coupling 22 7.783 171.23
13 ADS08650020SP ADS N-12 Corrugated Pipe Bell End 8 in. 40 6.804 272.16 14 04610020IB 4 in. PERF N12 WTIB DWALL HWY 280 1.946 544.88 15 0467AA PVC Fitting Corrugated 4 in. 1 4.402 4.40
16 17 NOTE
Note:

Item Note:

Quote does not include sales tax.
18 19 Notice
Item Note:

Pumps, GT assemblies, custom colors, site amenities, etc. all have exceptional lead times. Please plan accordingly when staging projects and placing orders.

Contact SiteOne for estimated shipping times.
20 Notice
Notice
Item Note:

Quoted prices are only valid for 30 days (30) and for the included quantity and cost.

All prices are subject to re-bid beyond the expiration date. This is a quotation only - quantities and availability are subject to market conditions at the time a firm order is placed.

Attachment 3

Page 28 of 29 ends

21 NOTE
Note:

Item Note:

Special order items are non-returnable.

Total Price: $ 255,934.29
SiteOne Landscape Supply is not responsible for the accuracy of the items contained in this quotation. Please review carefully. Please add appropriate sales tax.

Prices on this quote are good for 30 days after the entered bid date.

Local tax may differ based on locations and local codes.

Page 29 of 29 ends

Staff Report
Date: April 12, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.

4.g

Page 1 of 9 ends

City Council Agenda Report
Agenda Item No. 4.g
April 12, 2022
On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).

On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.

Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
 Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
 Each teleconference location must be accessible to the public;  Members of the public must be able to address the body at each teleconference location;
 Post agendas at all teleconference locations; and
 During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.

In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 18 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a

Page 2 of 9 ends

City Council Agenda Report
Agenda Item No. 4.g
April 12, 2022
“state of emergency” pursuant to Government Code Section 54953(e)(4) and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

On September 20, 2021, the Health Officer of the County of Contra Costa (“Health Officer”) issued recommendations, and on March 1, 2022, updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19, and further recommending social distancing and face masking of all Attendees: https://cchealth.org/covid19/pdf/recommendations-for-safepublic-meetings.pdf.

Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has adopted a Resolution every 30 days enabling the City to hold public meetings by teleconference. The most recent Resolution, City Council Resolution No. 22-17, Local Reuse Authority (LRA) Resolution No. 22-36, and Concord/Pleasant Hill Health Care District (CPHHCD) Resolution No. 22-027 was adopted on March 22, 2022, enabling the City to continue holding public meetings by teleconference through April 21, 2022. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to continue to hold public meetings by teleconference for the next 30 days, through May 12, 2022.

Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
 The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Resolution No. 22-17,

Page 3 of 9 ends

City Council Agenda Report
Agenda Item No. 4.g
April 12, 2022
LRA Resolution No. 22-26, and Concord/Pleasant Hill Health Care District Resolution No. 22-027, adopted on March 22, 2022, enabled the City to continue holding public meetings by teleconference through April 21, 2022. To continue to be able to hold meetings by teleconference through May 21, 2022, the City Council must adopt a Resolution to continue using AB 361’s exemption, and the conditions under which such Resolution was passed are and remain in effect as of the date hereof.

Financial Impact
There is no financial impact.

Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361

Page 4 of 9 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY COUNCIL SITTING

AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, the Health Officer of the County of Contra Costa (“Health Officer”) has issued various health orders and updates designed to slow the spread of COVID-19 (including variants thereof) such as vaccinations, quarantines, face covering requirements, and social distancing recommendations designed to protect public health. The health orders and recommendations can be found on the Contra Costa Health Services website: https://www.coronavirus.cchealth.org/healthorders; and WHEREAS, on March 1, 2022, the Health Officer updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19, and further recommending social distancing and face masking of all Attendees: recommendations-forsafe-public-meetings.pdf (cchealth.org); and

Page 5 of 9 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, the Delta variant emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions (including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 case, including due to the Delta and Omicron variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the Delta and Omicron variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a gubernatorially proclaimed “state of emergency” pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social //

Page 6 of 9 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-17, Local Reuse Authority Resolution No. 22-36, and Concord/Pleasant Hill Health Care District Resolution No. 21-027 on March 22, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(B), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees; this April 12, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing pursuant thereto; and WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-17, LRA Resolution No. 22-36, and Concord/Pleasant Hill Health Care District Resolution No. 22-027 was adopted continue to exist as of the date of this Resolution; and WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on April 12, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated April 12, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”). //

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4

NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS

THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.

Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Section 4. As of April 12, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on April 12, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX and Concord/Pleasant Hill Health Care District Resolution No. 22- XX, were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on April 12, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Staff Report
Date: April 12, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Planning Manager
Kevin Marstall, PE, Interim Director of Community Development Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering the following actions:
1) Adoption of a Resolution approving a Use Permit, Variance, Administrative Permit, and Design and Site Review for a cannabis microbusiness with storefront retail for
Kolaboration Concord LLC at 2366 Stanwell Circle, APN
126-252-021, -022, and -006 (PL21109); and
2) Introduction of an Ordinance approving a Development Agreement between the City of Concord and Kolaboration
Concord LLC (PL21109 - UP, VA, AA, DR, DA) regarding the development of a cannabis microbusiness with storefront retail component located at 2366 Stanwell Circle; APNs 126- 252-021, -022, and -006 (PL21109) by reading of the title only and waiving further reading.

CEQA: Categorically exempt pursuant to the following CEQA Guidelines Sections 15301, 15302, 15303, 15304; and/or
Section 15305.

Report in Brief
The City Council is requested to consider a Use Permit, Variance, Administrative Permit, Design and Site Review, and an Ordinance for a Development Agreement with Kolaboration Concord, LLC (dba “CoCo Farms”) to establish a cannabis microbusiness with a storefront retail component at 2366 Stanwell Circle.

5.a

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Recommended Action
1) Adopt a Resolution (Attachment 1) approving a Use Permit, Variance, Administrative Permit and Design and Site Review for a cannabis microbusiness with storefront retail (Kolaboration Concord LLC) at 2366 Stanwell Circle, APN 126-252-021, -022, and -006 (PL21109); and
2) Introduce an Ordinance approving and adopting a Development Agreement between the City of Concord and Kolaboration Concord, LLC regarding the development of a cannabis microbusiness with storefront retail located at 2366 Stanwell Circle; APN 126-252-021, -022, and -006 (PL21109) (Attachment 2) by reading of the title only and waiving further reading.

Background
Cannabis Ordinance and Competitive Selection Process
On May 26, 2020, the City Council adopted an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to allow adult-use City Cannabis Licenses for certain types of cannabis businesses with the following maximum number of licenses allowable in parentheses:
 Manufacturers (limit of five)
 Testing laboratories (no limit)
 Retail storefront (limit of three)1
 Non-storefront retail (limit of three)1
 Type 11 distributors (limit of two)
 Microbusinesses (limit of six, a maximum of two microbusinesses may include a storefront retail component1, and a maximum of two microbusinesses may include a non-storefront retail component), and
 Type 13 distributors (only allowed with another license type).

On July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive selection process for the storefront retail, non-storefront retail and microbusiness with a retail component cannabis businesses, which outlined the process to review and select eligible applicants to be invited to apply for these available City Cannabis Licenses (CCL).

The Request for Proposals (RFP) process approved by Council was designed to evaluate and select commercial cannabis businesses for an invitation to apply for a CCL. The intent of the RFP process was not to overburden applicants at this preliminary 1 Can only be applied for after being selected through a competitive selection process. All other available licenses can be applied for and issued through a first-come, first-serve process.

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stage with the level of specificity and investment required in the CCL, land use, and building permit processes before the businesses received a higher degree of certainty that they would be invited to operate. As a result, an invitation to apply for a CCL through the RFP process did not constitute final approval for commercial cannabis operations in Concord. All successful applicants are required to apply for and receive a CCL, the appropriate land use permits (including an Administrative Permit and Design and Site Review approval), a State cannabis license, a City business license, building permits (including a Certificate of Occupancy), a voluntary Development Agreement to codify community benefit commitments, amongst other things; and other required regulatory approvals before commencing operations. Additionally, an Administrative Permit and Design Site Review are typically approved by the Planning Division; however, because a Development Agreement is also included as part of the permitting process, the review authority is raised to the City Council level.

The RFP was issued on October 5, 2020, and closed on November 19, 2020. A total of 21 proposals were received. The proposals were reviewed through a four phase process with Phase IV being Interviews and Final Selection by the City Council.

Ultimately, eleven applicants were interviewed by the City Council on April 13, May 25, and May 26, 2021 for six2 available licenses. The selected applicants were invited to apply for the available CCLs and submit their applications for an Administrative Permit, Design and Site Review, and Development Agreement. The selected businesses include:
 Storefront Retail (3 licenses available):
o Authentic Concord, LLC (Rank 1)
o Culture Club Corporate Enterprise (Rank 2)
o Coastal Retail Concord, LLC dba Coastal (Rank 3)
 Microbusiness (2 licenses available):
o Kolaboration Concord, LLC dba Coco Farms (Rank 1)
o Infinity Assets Concord, LLC (Rank 2)
 Non-storefront retail (3 licenses available, 1 applicant):
o Medusa (Design and Site Review for the property already approved on February 25, 2021 as part of the first-come first-serve cannabis process) Applicants interviewed, but not selected, were placed on a waitlist in the event that a selected applicant does not obtain the required approvals to operate. 2 Although there were three licenses available, only one proposal for non-storefront retail (Medusa) was successful in being invited to interview, and selected, by the Council so there are still two available licenses; per the code a new RFP process would be required to allocate these licenses.

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Kolaboration Concord LLC (dba “CoCo Farms “) is the second of the six selected businesses and the first microbusiness3 to be considered through the competitive selection process. CoCo Farms submitted their CCL application on May 7, 2021. The CCL application was deemed complete on July 1, 2021. The City Council is not reviewing the applicant’s CCL application as this is completed administratively by the Chief of Police pursuant to the Concord Municipal Code (CMC).

On June 11, 2021, CoCo Farms filed the, Administrative Permit, Design and Site Review, and Development Agreement applications for their project. On June 22, 2021, the Development Advisory Committee (DAC) reviewed the project and provided comments regarding landscaping, circulation, drainage, fencing, site visibility triangles, and the need for a use permit to allow for the excess parking proposed by the project.

The project was deemed incomplete on June 30, 2021.

On September 23, 2021, CoCo Farms resubmitted the application and it was deemed incomplete on October 20, 2021. A third submittal was received on November 12, 2021 and deemed incomplete on December 13, 2001. Staff also determined that the project required review by the Design Review Board based on the extent of proposed new landscaping and overall site improvements included in the revised design.

On December 9, 2021, the Design Review Board reviewed the project and recommended Final Design and Site Review approval, subject to conditions of approval.

On January 13, 2022, CoCo Farms submitted revised plans to address the Design Review Board’s recommendations and outstanding completeness items. The application was deemed complete on February 11, 2022.

Development Agreement and Land Use Applications
Pursuant to the Cannabis Ordinance and the Development Code (CMC Section

5.80.030[c]), an Administrative Permit, Design and Site Review, and Development Agreement are required for all cannabis businesses selected through the competitive selection process. Due to the circumstances specific to the CoCo Farms location and application, a Use Permit for excessive parking and a Variance for a seven-foot fence in the front setback are also proposed.

Planning Commission Recommendation
Development Code Section 18.405.010 requires all applications associated with a project to be “filed, processed, reviewed, and approved or disapproved concurrently by 3 A microbusiness means a cannabis business allowed to engage in the cultivation of cannabis on an area less than 10,000 square feet, and to act as a licensed distributor, Level 1 manufacturer (Type 6 license), and/or retailer, if duly licensed by the Bureau of Cannabis Control, as defined by California Business and Professions Code Section 26070(a)(3)(A), or any successor statue thereto. A microbusiness shall engage in at least three of these four commercial activities: retail, distribution, manufacturing, or cultivation.

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the highest level of authority required for any one application.” Because the City Council is the decision-making body on the Development Agreement, the Use Permit, Variance, Administrative Permit, and Design and Site Review applications that would typically require a Planning Commission decision must also be considered by the City Council along with the Development Agreement, subject to the recommendations of the Planning Commission.

The Planning Commission considered the Use Permit, Variance, Administrative Permit, Design and Site Review, and Development Agreement on March 16, 2022. The Planning Commission received 11 comments via email (Attachment 6) and heard comments from two members of the public. The comments were mainly focused on safety concerns. Commissioners Mercurio and Laub suggested staff consider increasing patrols by the Police Department for the area in response to the public comments. On a unanimous 5-0 vote, the Planning Commission recommended approval of the Use Permit, Variance, Administrative Permit, Design and Site Review, and Development Agreement with the addition of a condition of approval to replace the chain link gates on the proposed trash enclosure with a more decorative material.

Analysis
A. Location
Figure 1: Location of Subject Property
B. Applicant/Owner
Applicant
Kolaboration Concord LLC
Owner
Stanford Holmgren

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Attn: John Bento/Chuck Wesley
183 Main Street
Rio Vista, CA 94571
P.O. Box 1087
Telluride, CO 81453
C. Project Description
CoCo Farms is a cannabis microbusiness proposed to operate within an existing building located at 2366 Stanwell Circle. The company also owns and operates existing cannabis businesses in the region; including a CoCo Farms retail store in Antioch. CoCo Farms would include storefront retail (commonly referred to as a “dispensary”), manufacturing, and distribution (transports cannabis and cannabis products between cannabis licensees). Cultivation or delivery of cannabis products is not proposed. The business plans to hire approximately 100 full-time employees primarily from the Concord community.

CoCo Farms would occupy 14,051 square feet of an existing 19,183 square foot building. The remaining area is currently vacant. The building was previously occupied by Contra Costa County staff, most recently for printing and mailing services. The cannabis microbusiness’s storefront retail area (approximately 6,500 square feet) will be accessible to the public from an entrance located on the south side of the building, between 8:00 a.m. and 9:00 p.m. daily. The remaining floor area (approximately 7,500 square feet) will be used for offices, manufacturing (processing cannabis to create cannabis products for sale), and distribution (transferring finished products to the retail area or other licensed businesses). A staff entrance is located on the west side of the building and only accessible through a separate gated parking area.

The floor plans included as Attachment 3 have certain information omitted or redacted for security purposes due to the sensitive nature of the business operation. The applicant prepared a Safety and Security Plan, Theft Prevention Plan, and Neighborhood Responsibility Plan as part of their City Cannabis License application (a separate administrative application process). These plans, including detailed security plans, were reviewed by the Police Department and deemed complete on May 25, 2021.

D. Site Description and Surrounding Land Uses
The subject property is a developed site located on the west side of Concord in the Stanwell Business Park, north of Concord Avenue. The project site encompasses three parcels located on Stanwell Circle. The northern most parcel is developed with an existing 19,183 square foot building. The southern parcels are developed as a parking lot for the building. The site is secured with a noncompliant chain link fences topped with razor wire. There are four existing vehicle access points to the site. Existing landscaping is primarily located along the front property line and the northern most access drive aisle. Surrounding land uses primarily include government services, light industrial and office park uses.

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Table 1: Surrounding Land Uses
Land Use General Plan Designation Zoning
North Various office/light
industrial uses
Business park Office business park
(OBP)
South Office and Social
Services uses
Business park Office business park
(OBP)
East Contra Costa Water
District office,
and other
government facilities
Public/quasi-public Public/quasi-public
(PQP)
West CrossFit/
Contra Costa Health
Services
Business park Office business park
(OBP)
E. General Plan
The General Plan designation of the property is Business Park. This designation is intended for campus-like office complexes as well as industrial parks, including single and multi-story office, flex-space, and industrial buildings for single and multiple users, light industrial and warehouse uses, and research and development activities. Other uses may include mini-storage, wholesale, bulk retail, and businesses with limited customer access, commercial recreation, and other uses that require large, warehouse-style buildings. The maximum FAR is

0.8. The proposed cannabis microbusiness with a storefront retail component includes manufacturing and distribution that are consistent with the uses envisioned by the Business Park designation. Additionally the project will be consistent with the following General Plan policies.
1) Establish land use priorities that foster entrepreneurship, growth, and innovative business development (Policy E-2.1.1).

If approved by the City Council, the proposed microbusiness with a storefront retail component would be the first of its kind4 in the City of Concord and the second storefront retail location in the City. Having an innovative and desirable use coupled with limited availability of these uses in the surrounding area could help attract other new innovative businesses to the City of Concord’s business park areas.
4 There is an operating cannabis microbusiness in the City of Concord with manufacturing, distribution, and cultivation components, which was established via the first-come first-serve process.

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2) Support the creation of job and contracting opportunities for Concord residents and businesses through the establishment of local hire preference, apprenticeships, internships, and other programs which support local hiring, training, and skill enhancement. (Policy E-2.1.7).

The applicant has committed to hiring a large proportion of its employees from within Concord. The business plans to hire approximately 100 full-time employees primarily from the Concord community.
3) Provide sites for employment-generating businesses, technology-based businesses, and light industrial uses wishing to locate in Concord (Policy LU6.1.2).

The project includes manufacturing and distribution at a scale consistent with light industrial uses. As explained above, the project would generate approximately 100 full-time jobs primarily hired from the Concord community. 4) Require new commercial development to provide comprehensive landscaping, including hardscape and parking lot areas as well as pervious areas (Policy LU-9.1.3).

The applicant will be making minor but noticeable improvements to the building and site, including repainting the building and installing new landscaping, lighting, and trash enclosure. These improvements will enhance the look of the site and contribute to the overall attractiveness of the neighborhood.
5) Require trees and other landscaping within parking lots (Policy LU-10.1.5).

The project will upgrade the existing parking lot with new landscaping including shade trees.
6) Evaluate the effects of new development on law enforcement service and take public safety issues into account when reviewing land use proposals (Policy S-7.1.1).

The potential effects of the proposed cannabis microbusiness with storefront retail have been evaluated to ensure appropriate measures will be in place to enhance public safety. The measures include: 1) a security plan reviewed and approved by the Chief of Police that requires, among other things, a commercial burglar alarm monitoring system and video surveillance system, procedures for verifying identification of customers entering and leaving the retail establishment, and on-site security guards; 2) a Neighborhood

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Compatibility Plan and the designation of a Community Relations Officer to respond to any complaints from the public, customers, and businesses with respect to the cannabis operations or property; and 3) an Annual Review Report with the City that requires documentation on how complaints from the community were addressed.

Given the analysis of the project, staff asserts the project is consistent with the policies contained in the General Plan.

F. Zoning and Development Regulations
The property is zoned Office Business Park (OBP). The proposed business is classified as a cannabis microbusiness use, which is allowed within the OBP district subject to an Administrative Permit. The particular use is only allowable if the business has been selected through a competitive selection process and not located within 250 feet of a “sensitive use5.” No sensitive uses have been identified within 250 feet of the proposed location. There are no proposed changes to the existing footprint or envelope of the building. As a result, there are no proposed impacts to development standards such as setbacks or floor area ratio.

G. Site Design/Circulation
The project scope includes a redesign of the site circulation and parking area. In order to improve site circulation and safety, one of the three entrances to the customer parking area is being removed. The parking spaces and drive aisles will also be restriped to conform to current Development Code standards. The applicant has worked closely with Engineering, Transportation, and Planning Division staff to improve on-site circulation compared to existing conditions.

Overall, staff is satisfied with the site design as proposed and does not have any recommendations regarding the site design and circulation.

H. Transportation Assessment
On October 21, 2021, Fehr & Peers prepared a trip generation and vehicle miles traveled (VMT) assessment for the project on behalf of the City. The purpose of the assessment was to determine if the project requires additional analysis of potential traffic impacts based on the City’s adopted thresholds or screening criteria for trip generation and VMT. The assessment determined that the proposed project meets the City’s screening criteria for both the retail and office/industrial uses, and therefore is presumed to have a less-than-significant impact on VMT. The assessment further found the amount of trips generated by the proposed project would meet the City’s threshold for an analysis of potential operational impacts on local transportation infrastructure. 5 Sensitive uses include schools, child day care facilities, or youth community centers as defined in Chapter 5.80 (Cannabis).

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On February 22, 2022, Fehr & Peers completed a Local Transportation Assessment for the project (Attachment 4). As explained below, the Assessment determined the project would result in a detrimental effect on the signalized intersection of Galindo Street and Willow Pass Road and recommends retiming the signal as a Condition of Approval to minimize the effect.

Detrimental Effect 1: The addition of project traffic would increase the already exceeding southbound left-turn pocket vehicle queue on Galindo Street to Willow Pass Road from 250-feet to 300-feet in the PM peak hour under “existing plus Project” conditions. As noted under the regulatory setting and LOS policies, increasing vehicle queues by 50-feet or more where a queue exceeds the available storage without the project is a detrimental project effect.

To address the project’s impact to the Galindo Street and Willow Pass Road intersection, the following Condition of Approval has been included; Condition of Approval #44
Comply with the recommendations from the Traffic Study prepared by Fehr & Peers dated February 22, 2022, including but not limited to:
a. The Project applicant shall contribute to the retiming of the Galindo Street and Willow Pass Road traffic signal to provide additional green time for the southbound left turn movement.

Prior to issuance of development or building permit, whichever comes first, the applicant shall deposit a sum of $10,000 into a trust account to be used for the purposes of retiming the signal and recalibrating adjacent signals to maintain smooth traffic flow.

I. Parking
Vehicle Parking. A total of 51 on-site parking spaces are required for the project based on the following uses proposed for the entire building.

Table 2: Required Parking
Use Floor Area Parking Ratio Parking Req’d.6
Suite A – Office 1,415 1 space/350 sf 4
Suite B – Office 2,415 1 space/350 sf 7
6 When required parking results in a fractional number, one parking or loading space shall be required for a fraction of one-half or more and no additional space shall be required for a fraction that is less than one-half (CDC

18.160(B)(1).

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Suite B – Retail 6,532 1 space/250 sf 26
Suite B – Warehouse 3,399 1 space/1,000 sf 3
Suite B – Manufacturing 1,705 1 space/1,000 sf 2
Suite C – Office 1,733 1 space/350 sf 5
Suite C – Storage 855 1 space/500 sf 2
Suite D – Storage 1,027 1 space/500 sf 2
Totals 19,183 N/A 51
The 51 parking spaces is both a minimum and maximum requirement. The project proposes to exceed the parking requirement with a total of 86 off-street parking spaces consisting of 72 standard spaces and 14 compact spaces in both standard and angled parking configurations. This amounts to 69% more parking than the requirement. Section J discusses in further detail the required Use Permit findings for exceeding the maximum number of parking space requirements.

As explained above, the project site consists of three contiguous parcels that includes the building site and two parcels developed as part of the overall parking lot for the building. The parking spaces located on the two parcels separate from the building site would not satisfy the City’s requirement to provide required parking on-site; however, the Development Code allows for required parking to be located in a “common or shared parking facility up to 300 feet away…measured from the nearest corner of the parking facility to the main entrance via the shortest pedestrian route,” subject to an off-site parking agreement between the property owner and tenant. The following Condition of Approval has been included to meet this requirement:

Condition of Approval #45
Prior to the issuance of a building permit or site development permit, whichever comes first, the applicant shall perform one of the following:
(a) Execution of an Off-Site Parking Agreement in a form acceptable to the City for review and approval by the Planning Division and City Attorney. The Agreement shall guarantee that the property owner(s) of parcels 112-252-021 and -022 dedicate the parking located on these parcels for the sole use of CoCo Farms and/or the tenant(s) of 2366 Stanwell Circle; or
(b) Application for a Parcel Merge of assessor parcel numbers 112-252- 021, -022, and -006 for review and approval by Engineering Services and Planning Division.

The Agreement or Parcel Merge shall be recorded with Contra Costa County prior to building occupancy.

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Motorcycle and Bicycle Parking. The project will provide two motorcycle parking spaces and three short-term bicycle parking spaces in front of the building. A total of six long-term bicycle parking spaces are also proposed: three are located inside the building and three located outdoors in the gated employee parking area. The project complies with the motorcycle and bicycle parking requirements.

Loading Area. As required by the Development Code, a 12’ x 45’ loading area is proposed along the west side of the building and within the gated employee parking area.

J. Use Permit
As discussed above, the project is providing 86 parking spaces, which is 35 in excess of the required 51 parking spaces. The Concord Development Code (CDC) does allow for the number of parking spaces to exceed the requirement by 10% or more subject to a use permit and the following findings.

1. The project meets the relevant criteria in CDC 18.415.080 (Design criteria).

The project meets the relevant design criteria as discussed below in Section M – Design and Site Review.

2. The project meets all applicable standards of CDC 18.165.060 (Parking lot landscaping).

In accordance with Concord Development Code (CDC) Section 18.165.060, required setback areas will be landscaped and not used for parking, proposed shrubs will provide a minimum and maximum height of 30 to 36 inches in order to screen cars from street views, at least 10 percent of the parking lot area will be landscaped, and perimeter shade trees will be provided at a minimum rate of one tree for every 30 linear feet along the project frontage.

The project will be subject to the following condition to further ensure compliance with the parking lot landscape requirements.

Condition of Approval #48
Prior to an application for site utility work or site development, whichever occurs first, the applicant shall submit a revised landscape plan to provide shade trees at a minimum size of 24-inch box. Trees shall be planted in parking areas so that 50 percent shading of parking lot pavement is achieved within ten years. At a minimum, one 24-inch box shade tree shall be provided for every five parking spaces. Changes to the landscape plan and this requirement may be approved by the Planning Division, in consultation with the Police Department and Transportation Division, to provide security and circulation needs for the project while meeting the applicable landscape

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standards to the greatest extent practicable. Modified plans shall include a written justification for the changes and submitted to the Planning Division for review and approval prior to issuance of a site development permit.

3. The project complies with the applicable parking and design standards contained in this chapter.

The project meets applicable parking and design standards including minimum dimensions for standard and angled parking spaces, minimum drive aisle width, the use of wheel stops, and limiting compact parking to no more than 25% of the required parking with no more than four compact spaces grouped together.

4. The project is consistent with the City of Concord Bicycle, Pedestrian and Safe Routes to Transit Plan.

The Concord Bicycle, Pedestrian and Safe Routes to Transit Plan does not envision any walking or bicycle network improvements for the site or Stanwell Business Park area. Additionally, no off-site improvements are necessary to accommodate the excess parking; therefore, there are no impacts to the pedestrian and bicycle improvements identified in the Plan beyond the immediate area.

K. Development Agreement
Development agreements are a contract between the City and an applicant for the development of a project site. These agreements typically provide the rules and regulations governing land use, density, and development regulations applicable to the development of the property at issue shall be those in place at the time of execution of the agreement. Development agreements can “vest” the right to develop property in a certain manner.

For the City’s cannabis businesses, the Development Agreement (“Agreement”) will memorialize the commitments of each entity selected by the City Council through the competitive selection process. The proposed draft Development Agreement was negotiated between CoCo Farms and the City Attorney’s Office (Exhibit A of Attachment 2). The Development Agreement is comprised of two parts, a standardized framework applicable to all cannabis businesses that were subject to the competitive selection process and an exhibit memorializing each businesses’ stated community benefits. Below summarizes (and paraphrases) key details incorporated into the Agreement, followed by CoCo Farms’ specific Agreement Terms:
 Term. The initial term of the Agreement would be for five years with an automatic extension for two more years if specific criteria are met. There is

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also an option for a discretionary second extension of five years, if approved by the City Council.
 Vested Rights. Applicant has the vested right to develop the Property and operate the Cannabis Business in accordance with and subject to Applicable City Law, the Project Approvals, and this Agreement. The term of the Developer Cannabis License shall be concurrent with the Term as set forth in Section 2, above, so long as Developer is in compliance with this Agreement, Applicable City Law, and Generally Applicable Laws, and so long the Developer Cannabis License does not expire pursuant to Cannabis Ordinance Section 5.80.060(d), License Expiration.  Applicable Laws. With the exception of the certain laws relating to cannabis businesses and land use and development, all other laws are not affected by the Development Agreement. For land use and development, all laws and regulations at the time the Development Agreement is executed are applicable to the project. Any new laws applicable to the project would have to be applied uniformly on a City-wide basis to other substantially similar projects and specifically pertain to any fees or charges, City procedures, or to protect physical health and safety.

For laws relating to cannabis businesses, all existing laws and regulations at the time the Development Agreement is executed are applicable to the project. Any new additions to the Concord Municipal Code would have to be applied uniformly City-wide and provided that the changes do not prohibit operation of the cannabis business or restrict the sale of cannabis accessories7. For example if the City Council chose to ban cannabis vaping products in the future, the ban would not apply to the subject cannabis business because it would restrict the sale of cannabis accessories.
 Other required approvals. The developer acknowledges and is aware of federal laws and regulations regarding cannabis use, sale, and consumption and acknowledges it is at the developer’s risk. In addition, the developer is required to obtain and maintain the following, in addition to the requested entitlements:
o City of Concord Business License.
7 Cannabis accessories means any equipment, products, materials or paraphernalia of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body, as defined by California Health and Safety Code Section 11018.2, or any successor statute thereto.

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o City Cannabis License.
o State Cannabis License.
 Establishment of a Cannabis Community Benefit Fund. The City will establish a fund into which local cannabis businesses, the City, and others may contribute funds. The City Council will direct disbursement of the funds. The Finance Department will establish procedures for this process.

Expenditures are intended to advance the following community and public purposes:
o youth drug use prevention and education efforts;
o drug treatment programs and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism;
o workforce development;
o small business assistance;
o providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public art installations; o event programming and other activation of public space; and o improving quality of life and providing economic opportunities.  Contribution frequency. All developer contributions shall be paid monthly on the 15th, and shall commence once business operations begin.  Sales tax. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser is excluded from gross receipts.
 Cannabis Tax. The City currently does not have a cannabis tax. However, if a cannabis tax is subsequently adopted, during the term of the Agreement, the Developer contributions shall offset the Developer’s liability pursuant to the tax.
 Annual Review. The City and CoCo Farms shall conduct an annual review to confirm that the terms of the Development Agreement are being adhered to by all parties.
 Nondiscrimination: The City, Developer, and all contractors and service contractors shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by law, in all

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activities in furtherance of or on site of work performed in relation to the project and the cannabis business. Such entities shall take active steps to ensure that all on-site activities are conducted without discrimination or harassment on these bases, by all employees and representatives.  Major Amendments: Major amendments, as defined in the Agreement, require approval by the Planning Commission and City Council. The City Manager shall have the sole authority to determine if an amendment is major or minor.
 Restriction on Transfer or Assignment: The developer shall not transfer or assign its interest under the Agreement, or its ownership or control of the cannabis business, or its interest in the property, or its rights under licenses, permits, or approvals required or granted by the City (including the project approvals), without the express written consent of the City.  Community Benefits (Exhibit B to Attachment 2, Exhibit A). The key component’s to CoCo Farms’ specific voluntary community benefits, which were presented to the City Council as part of the interview and selection process, are as follows:
o Developer Contributions:
 $25,000 per month (i.e., $300,000 per year) to the City’s Cannabis Community Benefit Fund.
 Five percent (5%) of Developer’s Cannabis Business Gross Revenues, or $50,000 per month (i.e., $600,000 annually), whichever is greater to the City’s General Fund.
o Volunteer Hours:
 At least four volunteer hours per Cannabis Business Owner and per on-site employee each month. The details of the volunteer program are outlined in detail in the Community Benefits exhibit. o Labor and Social Diversity:
 Hiring shall give preference to Concord residents and persons experiencing homelessness in Concord, in that order of priority.  Provide a wage of at least $15 per hour, with at least 80% of cannabis business employees (including all “budtenders”) earning at least $20 per hour.
 Ensure the eligibility of all full-time cannabis business employees and their immediate family members to participate in an employerbased health insurance plan, with 90% of the premium paid by CoCo Farms.
 Provide fifteen days per year of paid time off for all full-time

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employees, plus an additional three days of paid sick leave.  Implement the “CoCo Cares” program as part of its Concord cannabis business, by, on an annual basis, hiring and providing interim housing for at least ten individuals who are near homeless or are experiencing homelessness in Concord, with a living wage, training, and health care provided to such individuals.  CoCo Farms has entered into a Labor Peace Agreement with United Food and Commercial Workers Union Local 5 and will abide by the terms of that Agreement.
o Neighborhood Compatibility Plan:
 CoCo Farms shall follow and adhere to the Neighborhood Compatibility Plan submitted as part of their RFP response, including the designation of a Community Relations Officer, who shall be responsible for addressing and mitigating any complaints from the public, customers, and businesses with respect to the Cannabis Business or the Property.

The Development Code requires the City Council to make the following findings for adoption of the proposed Development Agreement.

1. The Development Agreement is consistent with the general plan and any applicable specific plan.

No specific plan applies to the project. The proposed cannabis microbusiness with storefront retail component includes manufacturing and distribution that are consistent with the uses envisioned by the Business Park designation.

Additionally, the project will be consistent with the following General Plan policies.
 Establish land use priorities that foster entrepreneurship, growth, and innovative business development (Policy E-2.1.1). If approved by the City Council, the proposed microbusiness would be the first of its kind in the City of Concord and the second storefront retail. Having an innovative and desirable use coupled with limited availability of these uses in the surrounding area could help attract other new innovative businesses to the City of Concord’s business park areas.
 Support the creation of job and contracting opportunities for Concord residents and businesses through the establishment of local hire preference, apprenticeships, internships, and other programs which support local hiring, training, and skill enhancement. (Policy E-2.1.7). The applicant has committed to hiring a large proportion of its employees from

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within Concord. The business plans to hire approximately 100 full-time employees primarily from the Concord community.
 Provide sites for employment-generating businesses, technology-based businesses, and light industrial uses wishing to locate in Concord (Policy LU-6.1.2). The project includes manufacturing at a scale consistent with light industrial uses. As explained above, the project would generate approximately 100 full-time jobs primarily hired from the Concord community.
 Require new commercial development to provide comprehensive landscaping, including hardscape and parking lot areas as well as pervious areas (Policy LU-9.1.3). The applicant will be making minor but noticeable improvements to the building and site, including repainting the building and installing new landscaping, lighting, and trash enclosure.

These improvements will enhance the look of the site and contribute to the overall attractiveness of the area.
 Require trees and other landscaping within parking lots (Policy LU-10.1.5).

The project will upgrade the existing parking lot with new landscaping including shade trees.
 Evaluate the effects of new development on law enforcement service and take public safety issues into account when reviewing land use proposals (Policy S-7.1.1). The potential effects of the proposed cannabis microbusiness with storefront retail have been evaluated to ensure appropriate measures will be in place to enhance public safety. The measures include: 1) a security plan reviewed and approved by the Chief of Police that requires, among other things, a commercial burglar alarm monitoring system and video surveillance system, procedures for verifying identification of customers entering and leaving the retail establishment, and on-site security guards; 2) a Neighborhood Compatibility Plan and the designation of a Community Relations Officer to respond to any complaints from the public, customers, and businesses with respect to the cannabis operations or property; and 3) an Annual Review Report with the City that required documentation on how complaints from the community were addressed.

2. The Development Agreement is in conformity with public convenience, general welfare, and good land use practices.

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The cannabis microbusiness with a storefront retail component will be in conformity with public convenience, general welfare, and good land use practices. Municipal Code regulations pertaining to cannabis businesses have been incorporated into the Conditions of Approval that will require the business to implement a security plan approved by the Chief of Police and to contain odors within the building, among other things. Additionally, approval of the Development Agreement will include requirements for community benefits, including financial contributions to the City to further community programs, and a Neighborhood Compatibility Plan to respond to complaints from the public, customers, and businesses with respect to the cannabis operations or property. The cannabis microbusiness with storefront retail component use is permitted in the OBP (Office Business Park) zoning district subject to an Administrative Permit and competitive selection process. The proposed use will be occupying an existing building, which is in conformance with the regulations and standards for the zoning district. No known sensitive uses as defined in CMC Chapter 5.80 are located within 250 feet of the subject property.

3. The Development Agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

Approval of the Development Agreement will not be detrimental to the health, safety, and general welfare of residents of the City. The Development Agreement, Conditional City Cannabis License, Use Permit, Variance, and Administrative Permit contain conditions of approval, including a Safety and Security Plan that will ensure the use will not impact surrounding businesses and properties. The Development Agreement contains commitments from CoCo Farms, codified through adoption of the Agreement by the City Council to provide community benefits with the purpose of youth drug use prevention and education efforts, drug treatment and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism, workforce development, small business assistance, providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public art installations, event programming and other activation of public space, and improving quality of life and providing economic opportunities.

4. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values.

The proposed business will be occupying an existing building. The Applicant will be making minor changes to the exterior of the building, including new

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paint, awnings, and signage, but no changes that would adversely affect the orderly development of property. The Applicant will also be making exterior improvements to the site, including new landscaping, fencing, and trash enclosure. These improvements will help preserve property values for the area.

5. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5.

Approval of the Development Agreement between the City and Kolaboration Concord, LLC is in conformance with the provisions and intent of Government Code Sections 65864 through 65869.5 for the following reasons:
 Assurances have been provided to the Developer due to vesting certain regulations.
 The Developer has a legal or equitable interest in real property and the City will recover from the direct costs associated with the consideration of the Development Agreement.
 The Development Agreement contains a provision requiring an annual review for compliance with the terms of the Agreement, including provisions allowing for the modification or termination of the Agreement if it is found the Developer has not complied in good faith with the terms and conditions of the Agreement.
 The Development Agreement specifies the duration, the permitted uses of the property, and the required land use approvals.
 The Agreement is enforceable by any party thereto.

L. Fence Height Variance
As further explained below, the project proposes to install a seven-foot tall steel picket fence along the front property line at Stanwell Circle. The fence will be as close as eight feet from the front property line which places it within the 20 foot front setback area required in the OBP zoning district. The Development Code restricts fences located within the front setback area to three feet or less. A Variance can be granted to allow a taller fence in the setback area subject to the following findings.

1. The strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and within the

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same zoning district due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions.

The proposed business has unique security considerations that require limiting and controlling access to the site that would not be satisfied by a three-foot tall fence. Due to special security concerns related to the cannabis use, the City would likely require a taller security fence at any other location where a cannabis microbusiness with storefront retail component is proposed and allowed by zoning. The strict application of the fence height would deprive the property owner the privilege enjoyed by other property owners of tenanting the building with a use that is allowed by zoning, and for which unique security considerations warrant a taller fence in the front setback area.

2. Such special circumstances were not created by the owner or applicant.

The unique security considerations of the cannabis industry was not created by the property owner or applicant. Additionally, there are no site conditions created by the property owner or applicant that contribute to the need for a taller fence independent of the security needs of a cannabis-related business.

3. The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zoning district where the property is located.

The variance would not prohibit properties with similar site conditions and security concerns the privilege of seeking, and possibly obtaining, a fence height variance. Therefore, the variance would not constitute a grant of special privileges inconsistent with properties with similar limitations located in the vicinity and in the same zoning district

4. The variance does not authorize a use or activity which is not otherwise expressly authorized in the zoning district where the property is located.

The variance would not authorize a use that is prohibited by zoning. The proposed cannabis microbusiness with storefront retail component is permitted in the OBP zoning district subject to an administrative permit.

M. Design and Site Review
Staff has reviewed the proposed project architecture, layout, and landscaping for conformance with the applicable standards.

Building Architecture. The existing building is designed as a warehouse/industrial office. The building is rectangular with the southwest corner facing the front property line. The front corner of the building

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includes the most architectural detailing with vertical columns, horizontal spandrel beams, and first and second floor windows. These windows are inset on the west side of the building. The other sides of the building include service bays with roll-up doors.

The applicant is not proposing any additions or major structural changes to the building. Minimal changes to the building exterior are proposed and the primary improvements include:
 repainting the building with warmer colors from white and light tan to tan and gray (see page A4.0 of Attachment 3),
 painting the spandrel beam red on the southwest corner to match the CoCo Farms logo,
 replacing the roll-up door on the southeast with a new storefront double entry door surrounded by windows, which match windows located on the southwest corner of the building,
 adding a red awning above the new retail entrance,
 replacing the awnings on the west side of the building with red awnings, and
 constructing a new trash enclosure in the southeast corner of the parking lot to comply with Development Code standards.

Aside from the new paint, no changes are proposed to the north or east elevations of the building.

Lighting. The applicant proposes a combination of building mounted and pole mounted lights to illuminate the access points and parking areas on site. Three new double-head parking lot light fixtures are proposed, mounted on 20-foot poles located in the middle of the parking area. Other proposed lighting includes ten fixtures attached to the building near the top of the building wall angled in four directions: five face west towards the employee parking area; two face north towards the side property line; two face south towards the customer entrance; and one faces north to illuminate an exit. The selected fixtures have a simple design consistent with the building architecture. The Design Review Board has recommended approval of the proposed lighting with the following condition.

Condition of Approval #51
Replace the wall pack light fixtures with fixtures that incorporate shielding to reduce glare and light pollution, and direct light downward; as feasible, while still meeting the security needs of the site.

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Landscaping. The existing landscaping includes hedges, ivy, and medium sized trees concentrated along the Stanwell Circle frontage and service entrance at the north side of the site. There is no existing landscaping in the parking area. The applicant is proposing a comprehensive redesign of the existing landscaping areas and creating new landscape areas within the parking lot, which are designed to comply with current water efficient landscape standards. These changes include:
 replacing trees located along the Stanwell Circle frontage with seven Shoestring Acacia trees (24” box) spaced 30 feet apart;  planting nine Dynamite Crape Myrtle trees (24” box) throughout the parking area perimeter;
 planting two Frans Fontaine Hornbeam trees (24” box) near the employee entrance on the west side of the building;
 planting Mountain Lilac shrubs (15 gallon) to screen utilities located along the front property line between the two northern driveways; and  planting a variety of small shrubs and ground cover along the site perimeter and building including: yarrow, manzanita, California Dutchman’s Pipe, Lavender Swirl Lantana, James Walker
Bougainvillea, Silver Carpet, Berkeley Sedge, Canyon Prince Giant Rye Grass, and Dwarf Mat Rush.

The Design Review Board recommended approval of the proposed landscaping with conditions. The Design Review Board did not discuss shade tree requirements for the parking lot area explained in Section J above. The landscape plan will be revised to satisfy the condition regarding shade trees in addition to the following condition recommended by the Design Review Board.

Condition of Approval #49
Submit a revised landscape plan prior to or concurrent with an application for site development permit or utility work, whichever occurs first, with the following changes.
a. Show site improvement and utility work screened in the background to ensure proposed landscaping and irrigation will not conflict with utility and site improvement work.
b. Change the Bougainvillea and Arctostaphylos ‘John
Dourley’ to five-gallon size containers,
c. Add a water usage column to the plant list to identify the water use demand for each plan (e.g., low, medium, or high),

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Trash Enclosure. A new trash enclosure will be constructed at the southeast corner of the site. The trash enclosure will be constructed of concrete block, metal corrugated roof, and chain link access gates with slats for screening (see page 6.0 of Attachment 3). The Planning Commission recommended replacing the chain link gate with a decorative material, which has been added to the Conditions of Approval.

Condition of Approval #38
The chain link gates proposed for the trash enclosure shall be replaced with solid decorative gates subject to review and approval by the Planning Division prior to issuance of a building permit for the trash enclosure.

Signs. Per the Development Code, storefront cannabis retailers (or microbusinesses with a storefront retailer component) are permitted one sign which can only include the business name. The project complies with this requirement; one sign is proposed on the southwest corner of the building facing the customer parking area. The sign text is the “CoCo Farms” logo with red lettering on a white background. The sign is located near the top of the building wall. The proposed sign will be subject to general sign standards, such as prohibiting exposed raceways, and the following project-specific condition proposed by staff.

Condition of Approval #53
Sign design shall be revised as follows prior to issuance of a sign permit:
a. Redesign the sign to incorporate individual channel letters, or a raised “CoCo Farms” logo off of a backer panel. A cabinet sign design is not allowed.
b. If lighting is proposed, lighting shall be halo illuminated letters or externally illuminated individual letters mounted on the sign face.

Walls and Fencing. The existing chain link fence and gates with razor wire that secure the site is prohibited pursuant to the Development Code. A new seven foot tall black steel picket fence and three gates are proposed to replace the existing fence and gates (see details in Attachment 3, Sheet A0.8). One gate is for the employee parking area and two gates are for the customer parking area.

The gates in the customer parking area will be closed to secure the site after business hours. Portions of the fence are located within the front setback areas along Stanwell Circle where fencing is typically limited to a height of three feet. A Variance is necessary to allow the fence at this location, as discussed in Section L above.

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Pursuant to Development Code Section 18.415.100, findings are required for approval of the Design and Site Review application. Staff analysis on how the project meets those findings is provided below and in the draft resolution attached as Attachment 1 to this report.

1. The project is consistent with the General Plan.

The project is consistent with the General Plan as explained in Section E above.

2. The project meets the following criteria in Section 18.415.080 (Design Criteria):
(a) The building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

The applicant is not proposing any structural changes to the building design which includes storefront windows allowing people inside the building to surveil the street and the exterior of the property. Landscaping improvements will be limited to low shrubs and shade trees with tall canopies that will not interfere with surveillance of the street by people inside buildings and elsewhere on the site. Furthermore, as part of the review for obtaining a City Cannabis License, CoCo Farms is required to submit a Safety and Security Plan that is required to be reviewed and approved by the Concord Police Department. Therefore, the project and building design supports public safety and security.
(b) The design is compatible with the historical or visual character of any area recognized by the City as having such character.

The area is not recognized as a historical, architectural, or scenic area by the City.
(c) The project design preserves major views and vistas along major streets and open spaces and trails and enhances them by providing project amenities.

The site and surrounding area are flat and have no topographically significant features, such as valleys, hillsides, or ridgelines that provide scenic views or vistas. The site is not near any open space or trail.

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(d) The proposed lighting and fixtures are designed to complement on-site buildings, are of an appropriate scale for the development, and provide adequate light for safety and security while minimizing glare.

The project will replace and install new wall-mounted light fixtures that complement the design of the existing building. Pole mounted lights are also proposed for the parking lot area that are of appropriate scale at a height of 20 feet where up to 25 feet is allowed by the Development Code.

The project will be required to submit a photometric plan to ensure that lighting levels are adequate for safety and security while minimizing glare prior to the installation of the light fixtures.
(e) All mechanical, electrical, and utility equipment is located, screened, or incorporated into the design of the buildings so as not to be visible from off-site, and screening devices are consistent with the exterior colors and materials of the buildings.

The project does not include changes to the existing roof-top mounted mechanical equipment. All existing mechanical equipment is adequately screened behind parapet walls.
(f) The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, enhances the appearance and features of the project site and surrounding natural and built environment.

The overall design of the project enhances the appearance of the project site and surrounding built area by, among other things, improving the site with new landscaping, lighting, and a trash enclosure.
(g) The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

The project proposes to establish a cannabis microbusiness with a storefront retail component within an existing building. The proposed scope of work is relatively minor and consists of interior tenant improvements to accommodate the business operation and exterior upgrades to the building and site including lighting and landscaping. There are no proposed additions or changes to the building footprint or envelope.

Therefore, the project design is appropriate to the function of the project and will provide an attractive and comfortable environment.

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(h) The architectural details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

The project proposes minor changes to the building exterior including new paint in neutral colors along with red accent colors and awnings. The changes will update and enhance the look of the building without changing its overall design. New landscaping areas and upgrades to existing landscaping are proposed that will also enhance the site and complement the building.
(i) The project is compatible with neighboring development in a similar Zoning District by avoiding large differences in building scale and character and provides a harmonious transition between the proposed project and surrounding development.

The project proposes to occupy an existing building that is similar to other light industrial and warehouse-type buildings in the surrounding area.

Changes proposed to the building are minor and would not affect its scale and character.
(j) The project creates an attractive and visually interesting built environment with a variety of building styles and designs, and well-articulated structures that present varied building facades, rooflines, and building heights within a unifying context.

As explained above, the project proposes to occupy an existing building that is similar to other light industrial and warehouse-type buildings in the surrounding area. Changes to the building exterior such as new paint, awnings, and signage add interest to the building.
(k) The landscaping is compatible with and enhances the architectural character of the buildings and site features, and blends with the surrounding landscape. Landscape elements complement the buildings and rooflines through color, texture, density, and form. Landscaping is in scale with on-site and off-site buildings, and plantings have been selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.

The project proposes landscape upgrades including new shrubs and trees that the Design Review Board has determined will enhance the building and site. Conditions of approval require the final landscape plan to incorporate additional changes to further enhance its design and

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consistency with City standards, including the addition of shade trees and removal of a non-native palm tree.
(l) Stormwater treatment areas have been integrated into the landscape design.

The project will reduce impervious area by adding new landscape areas to the site, and thus will not affect any existing stormwater control elements at the site. The project has been reviewed by the Engineering Division, and will be constructed in conformance with the City’s guidelines based on the project scope.
(m) New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development.

The project proposes to occupy an existing building and site that is typical of the light industrial and warehouse-style buildings in the surrounding area. As explained in the findings above, minor modifications are proposed to the building and site that will enhance the existing site by, among other things, increasing landscaping and cosmetic building upgrades such as new paint, awnings, and signage to add building interest.

3. The project overall reflects design principles and/or incorporates design features that are consistent with applicable design guidelines adopted by the City Council that are in effect at the time of approval.

The project proposes minor modifications that will enhance the overall character of the building and site while remaining compatible with surrounding developments. As such, the project would be consistent with the applicable principles of the Community Design Guidelines, including:
 Building modifications avoid drastic changes in scale or character relative to neighboring sites;
 Modifications maintain the existing rhythm as expressed by horizontal and vertical architectural elements such as columns, cornices, and windows;
 New paint, awnings, and signage add visual interest to the building;  Existing mechanical equipment will continue to be screened from view;  The building entrance is easily identifiable and serves as a transition between inside and outside spaces;

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 Frontage and setback areas are landscaped to enhance the streetscape view;
 Secure and easily identifiable bicycle parking will be provided;

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N. Tree Removal
An arborist report prepared for the project identified a total of 11 trees to be removed and one to be retained (Attachment 5). None of the trees proposed for removal qualify for protected tree status.8
The tree proposed to remain is a 40-inch palm tree. The Development Code specifically lists palm trees as non-protected trees exempt from tree removal permit requirements to encourage their removal. Additionally the project proposes planting Acacia trees that are also exempt non-protected trees.

Because the Development Code encourages the removal of non-protected trees, allowing such trees to remain or be planted would conflict with the intent of this policy; therefore staff recommends the following condition.

Condition of Approval #50
Prior to issuance of a site development permit, applicant shall submit a revised landscape plan to: a) remove and replace the 40-inch palm tree with a 24-inch box native shade tree; and b) replace proposed Acacia trees with 24-inch box native shade trees.

Financial Impact
If approved, the Applicant will be required to make financial contributions to the City in the form of a Community Benefit, as required by the Development Agreement. The Applicant will be required to contribute one percent of Developer’s Cannabis Gross Annual Revenues, or $25,000 (whichever is greater) to advance community benefit programs, as well as five percent of Developer’s Cannabis Business Gross Receipts in financial incentives to the City. Consistent with the City’s conservative budgeting protocols, the future public benefit revenues and the future financial incentives revenues are not programmed into the budget at this time. Rather, they will be programmed by Council once revenue is received.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the proposed project is categorically exempt pursuant to following CEQA Guidelines: a) Section 15301 (“Existing Facilities”); b) Section 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); 8 A protected tree is any of the following (sizes measured at 54 inches diameter breast height): 1) Valley oak, Blue oak, Coast live oak, California bay, California buckeye, and California sycamore with a diameter of 12 inches or more or multi-stemmed where the sum of all stem diameters is 12 inches or more ; 2) other trees with a diameter of 24 inches or more or multi-stemmed where the sum of all stem diameters is 24 inches or more; 3) any tree designated as a heritage tree by the Planning Commission; 4) a tree required to be planted or relocated as a condition of a discretionary permit; and 5) a tree with a diameter of six inches or more located within the structure setback of creeks or streams (CDC 18.310).

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April 12, 2022
d) Section 15304 (“Minor Alterations to Land”); and/or e) Section 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the project consists of tenant improvements to an existing building, with de minimis façade and landscaping improvements.

Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource. Therefore, the proposed project does not warrant further environmental review.

Public Contact
The City Council Agenda was posted at City Hall and on the City’s website. Notification was mailed to all owners and occupants of property within five-hundred (500) feet of the subject parcel at least 10 days prior to the public hearing, and has been published in the East Bay Times, as required by state law and the Concord Municipal Code. This item has also been posted at City Hall and at the subject site at least 10 days prior to the public hearing. Additionally, notice has been provided to all interested parties on the City Cannabis e-notification list.

Attachments

1. Resolution for Use Permit, Variance, Administrative Permit, and Design and Site Review
Exhibit A: Conditions of Approval

2. Development Agreement Ordinance
Exhibit A: Kolaboration Concord, LLC Development Agreement

3. Project Plans

4. Local Transportation Assessment

5. Arborist Report

6. Written Comments Received at March 16, 2022 Planning Commission Hearing

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Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving a Use Permit, Variance,
Administrative Permit, and Design and Site
Review for a cannabis microbusiness with
storefront retail for Kolaboration Concord LLC
at 2366 Stanwell Circle, APN 112-252-021, -022,
and -006 (PL21109 – UP, AP, VA, DR, DA)
Resolution No. 22-XX
/
WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on April 2, 2019, the City Council and Planning Commission conducted a Joint Study Session and directed staff to pursue revisions to the existing cannabis regulations to potentially allow additional commercial cannabis uses including adult-use and medicinal non-storefront retail; and consideration of allowing adult-use and medicinal storefront retail and microbusinesses; and WHEREAS, on November 5, 2019, the City Council considered introduction of an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to add adult-use City Cannabis Licenses for manufacturing and distribution; to increase the maximum number of City Cannabis Licenses for manufacturing, distribution, and testing laboratories; to allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront); and allow City Cannabis Licenses for microbusinesses. At the meeting, the City Council provided direction to staff regarding the allowable number of each cannabis license type, and directed staff to bring the Development Code amendments required for implementing corresponding changes to the Concord Development Code to the Planning Commission for consideration and recommendation to the City Council; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow AdultUse City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Attachment 1

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Res. No. 22-XX 2
Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on October 5, 2020 the City of Concord issued a Request for Proposals for storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on May 26, 2021, following interviews, public comment, and City Council deliberation, Kolaboration Concord LLC (dba “CoCo Farms” and herein referred to as “Applicant”) was invited to apply for one of two available cannabis microbusiness with a storefront retail component licenses; and
WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, the City Council of the City of Concord enacted Municipal Code Chapter 18.460 Development Agreements, which authorize the execution of development agreements and set forth the required contents and form of those agreements; and
WHEREAS, on June 11, 2021, Applicant submitted an Administrative Permit, Design and Site Review, and Development Agreement applications to establish a cannabis microbusiness with a storefront retail component at 2366 Stanwell Circle, APN 112-252-021, -022, and -006 (“Property”), (herein collectively referred to as “Project”); and
WHEREAS, on June 22, 2021, the Project was revised to include a Use Permit to allow onsite parking in excess of the maximum parking allowed; and

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Res. No. 22-XX 3
WHEREAS, on February 11, 2022, the Project was further revised to include a Variance for fence height and deemed complete by staff; and
WHEREAS, on March 16, 2022, the Planning Commission, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on the proposed Project; and
WHEREAS, at such public hearing, the Planning Commission considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated March 16, 2022, the application materials, and other exhibits presented (hereinafter referred to as “Planning Commission Project Information”); and WHEREAS, after consideration of all pertinent plans, documents and testimony, the Planning Commission voted 5-0 (AYES: Mizutani, Laub, Barbour, Mercurio, Weinmann ) to adopt a Resolution recommending the City Council approve a Use Permit, Variance, Administrative Permit, Design and Site Review, and Ordinance for a Development Agreement for a cannabis microbusiness with storefront retail component at 2366 Stanwell Circle, subject to the draft Conditions of Approval contained herein as Exhibit A (“Conditions of Approval”).

WHEREAS, the City Council, after giving all public notices required by State law and the Concord Municipal Code, held a duly noticed public hearing on April 12, 2022 on the proposed Project; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated April 12, 2022, the application materials, and other exhibits presented, and the Planning Commission Information, which are maintained at the offices of the City of Concord City Clerk declared its intent to adopt a Resolution approving a Use Permit, Variance, Administrative Permit, and Design and Site Review for a cannabis microbusiness with a storefront retail component at 2366

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Res. No. 22-XX 4
Stanwell Circle, subject to the Conditions of Approval contained herein as Exhibit A (“Conditions of Approval”) (collectively hereinafter referred to as “City Council Information”); and WHEREAS, at such public hearing, the City Council also considered an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Kolaboration Concord, LLC, regarding the development of a cannabis microbusiness with storefront retail located at 2366 Stanwell Circle, Assessor’s Parcel Number 112-252-021, -022, and -006 (PL21109 – UP, AP, VA, DR, DA).

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

RECITALS

1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

2. The City Council has reviewed, considered, and evaluated the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Resolution.

3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord 94519.

CEQA

4. The proposed Project is categorically exempt pursuant to the following CEQA Guidelines Sections: a) 15301 (“Existing Facilities”); b) 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); d) 15304 (“Minor Alterations to Land”); and/or e) 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the Project consists of tenant improvements to an existing building, with de minimis façade and landscaping improvements. Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the Project: 1) is not located in a sensitive environment; 2) will not cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other

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Res. No. 22-XX 5
projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource.

Therefore, no further environmental review is warranted. This determination reflects the City’s independent judgment and analysis.

General Plan

5. Business Park (BP). The General Plan designation of the property is Business Park.

This designation is intended for campus-like office complexes as well as industrial parks, including single and multi-story office, flex-space, and industrial buildings for single and multiple users, light industrial and warehouse uses, and research and development activities. Other uses may include ministorage, wholesale, bulk retail, and business with limited customer access, commercial recreation, and other uses that require large, warehouse-style buildings. The maximum FAR is 0.8. The proposed cannabis microbusiness with storefront retail component includes manufacturing and distribution that is consistent with the uses envisioned the Business Park designation. Additionally the Project will be consistent with the following General Plan policies:
(a) Establish land use priorities that foster entrepreneurship, growth, and innovative business development (Policy E-2.1.1). The proposed microbusiness with a storefront retail component would be the first of its kind in the City of Concord and the second storefront retail location in the City. Having an innovative and desirable use coupled with limited availability of these uses in the surrounding area could help attract other new innovative businesses to the City of Concord’s business park areas. (b) Support the creation of job and contracting opportunities for Concord residents and businesses through the establishment of local hire preference, apprenticeships, internships, and other programs which support local hiring, training, and skill enhancement. (Policy E-2.1.7). The applicant has committed to hiring a large proportion of its employees from within Concord. The business plans to hire approximately 100 full-time employees

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Res. No. 22-XX 6
primarily from the Concord community.
(c) Provide sites for employment-generating businesses, technology-based businesses, and light industrial uses wishing to locate in Concord (Policy LU-6.1.2). The Project includes manufacturing at a scale consistent with light industrial uses. As explained above, the Project would generate approximately 100 full-time jobs hired primarily hired from the Concord community.
(d) Require new commercial development to provide comprehensive landscaping, including hardscape and parking lot areas as well as pervious areas (Policy LU-9.1.3). The applicant will be making minor but noticeable improvements to the building and site, including repainting the building and installing new landscaping, lighting, and trash enclosure.

These improvements will enhance the look of the site and contribute to the overall attractiveness of the area.
(e) Require trees and other landscaping within parking lots (Policy LU-10.1.5).

The Project will upgrade the existing parking lot with new landscaping including shade trees. (f) Evaluate the effects of new development on law enforcement service and take public safety issues into account when reviewing land use proposals (Policy S-7.1.1). The potential effects of the proposed cannabis microbusiness with storefront retail have been evaluated to ensure appropriate measures will be in place to enhance public safety. The measures include: 1) a security plan reviewed and approved by the Chief of Police that requires, among other things, a commercial burglar alarm monitoring system and video surveillance system, procedures for verifying identification of customers entering and leaving the retail establishment, and on-site security guards; 2) a Neighborhood Compatibility Plan and the designation of a Community Relations Officer to respond to any complaints from the public, customers, and businesses with respect to the cannabis operations or property; and 3) an Annual Review Report with the City that requires documentation on how complaints from the community were addressed.

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Res. No. 22-XX 7
Use Permit
The Use Permit is to allow 86 off-street parking spaces where 56 spaces is typically the maximum allowed meets the following findings for approval.

6. The project meets the relevant criteria in CDC 18.415.080 (Design criteria). The Project meets the relevant design criteria as discussed in Findings #13-27 below.

7. The project meets all applicable standards of CDC 18.165.060 (Parking lot landscaping). In accordance with Concord Development Code (CDC) Section 18.165.060, required setback areas will be landscaped and not used for parking, proposed shrubs will provide a minimum and maximum height of 30 to 36 inches in order to screen cars from street views, at least 10 percent of the parking lot area will be landscaped, and perimeter shade trees will be provided at a minimum rate of one tree for every 30 linear feet. The Project will be subject to the following Condition of Approval to further ensure compliance with the parking lot landscape requirements.  Prior to an application for site utility work or site development, whichever occurs first, applicant shall submit a revised landscape plan to provide shade trees at a minimum size of 24-inch box. Trees shall be planted in parking areas so that 50 percent shading of parking lot pavement is achieved within 10 years. At a minimum, one 24- inch box shade tree shall be provided for every five parking spaces. Changes to the landscape plan and this requirement may be approved by the Planning Division, in consultation with the Police Department and Transportation Division, to provide security and circulation needs for the project while meeting the applicable landscape standards to the greatest extent practicable. Modified plans shall include a written justification for the changes and submitted to the Planning Division for review and approval prior to issuance of a site development permit.

8. The project complies with the applicable parking and design standards contained in CDC 18.160 (Parking, Loading, and Access). The Project meets applicable parking and design standards including minimum dimensions for standard and angled parking spaces, minimum drive

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Res. No. 22-XX 8
aisle width, the use of wheel stops, and limiting compact parking to no more than 25% of the required parking with no more than four compact spaces grouped together.

9. The project is consistent with the City of Concord Bicycle, Pedestrian and Safe Routes to Transit Plan. The Concord Bicycle, Pedestrian and Safe Routes to Transit Plan does not envision any walking or bicycle network improvements for the site or Stanwell Business Park area.

Additionally, no off-site improvements are necessary to accommodate the excess parking; therefore, there are no impacts to the pedestrian and bicycle improvements identified in the Plan beyond the immediate area.

Variance
The Variance to locate a seven-foot tall fence within the front setback area meets the following findings for approval.

10. The strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions. The Project has unique security considerations that require limiting and controlling access to the site that would not be satisfied with a three foot tall fence. The City would likely require a taller security fence at any other location where a cannabis microbusiness with storefront retail is proposed and allowed by zoning. The strict application of the fence height would deprive the property owner the privilege enjoyed by other property owners of tenanting the building with a use that is allowed by zoning, and for which unique security considerations warrant a taller fence in the front setback area.

11. Such special circumstances were not created by the owner or applicant. The unique security considerations of the cannabis industry was not created by the property owner or applicant.

Additionally, there are no site conditions created by the property owner or applicant that contribute to the need for a taller fence independent of the security needs of a cannabis-related business.

12. The variance will not constitute a grant of special privileges inconsistent with the

Page 39 of 396 ends

Res. No. 22-XX 9
limitations upon other properties in the vicinity and the zoning district where the property is located.

The variance would not prohibit properties with similar site conditions and security concerns the privilege of seeking, and possibly obtaining, a fence height variance. Therefore the variance would not constitute a grant of special privileges inconsistent with properties with similar limitations located in the vicinity and in the same zoning district

13. The variance does not authorize a use or activity which is not otherwise expressly authorized in the zoning district where the property is located. The variance would not authorize a use that is prohibited by zoning. The proposed cannabis microbusiness with storefront retail is permitted in the OBP zoning district subject to an administrative permit.

Design and Site Review
The Project includes minor building and site modifications that meet the following findings for Design and Site Review approval.

14. The Project is consistent with the General Plan as addressed in finding #5 above.

15. The building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site. The applicant is not proposing any structural changes to the building design, which includes storefront windows.

Landscaping improvements will be limited to low shrubs and shade trees with tall canopies that will not interfere with surveillance of the street by people inside buildings and elsewhere on the site.

Furthermore, as part of the review for obtaining a City Cannabis License, CoCo Farms is required to submit a security plan that is reviewed and approved by the Concord Police Department. Therefore, the Project and building design supports public safety and security.

16. The design is compatible with the historical or visual character of any area recognized by the City as having such character. The area is not recognized as a historical, architectural, or scenic area by the City.

17. The project design preserves major views and vistas along major streets and open spaces and trails and enhances them by providing project amenities. The site and surrounding area are

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Res. No. 22-XX 10
flat and have no topographically significant features, such as valleys, hillsides, or ridgelines that provide scenic views or vistas. The site is not near any open space or trail.

18. The proposed lighting and fixtures are designed to complement on-site buildings, are of an appropriate scale for the development, and provide adequate light for safety and security while minimizing glare. The Project will replace and install new wall-mounted light fixtures that complement the design of the existing building. Light poles are also proposed for the parking lot area that are of appropriate scale at a height of 20 feet where up to 25 feet is allowed by the Development Code. The Project will be required to submit a photometric plan to ensure that lighting levels are adequate for safety and security while minimizing glare prior to the installation of the light fixtures.

19. All mechanical, electrical, and utility equipment is located, screened, or incorporated into the design of the buildings so as not to be visible from off-site, and screening devices are consistent with the exterior colors and materials of the buildings. The Project does not include changes to the existing roof-top mounted mechanical equipment. All existing mechanical equipment is adequately screened behind parapet walls.

20. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, enhances the appearance and features of the project site and surrounding natural and built environment. The overall design of the Project enhances the appearance of the project site and surrounding built area by, among other things, improving the site with new landscaping, lighting, and trash enclosure.

21. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The Project proposes to establish a cannabis microbusiness with storefront retail within an existing building. The proposed scope of work is relatively minor and consists of interior tenant improvements to accommodate the business operation and exterior upgrades to the building and site including lighting and landscaping. There are no proposed additions or changes to the building footprint or envelope. Therefore, the Project design is appropriate to the function of the Project and will provide

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Res. No. 22-XX 11
an attractive and comfortable environment.

22. The architectural details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design. The Project minor changes to the building exterior including new paint in neutral colors and red accent colors and awning. The changes will update and enhance the look of the building without changing its overall design. New landscaping areas and upgrades to existing landscaping are proposed that will also enhance the site and complement the building.

23. The project is compatible with neighboring development in a similar Zoning District by avoiding large differences in building scale and character and provides a harmonious transition between the proposed project and surrounding development. The Project would occupy an existing building that is similar to other light industrial and warehouse-type buildings in the surrounding area.

Changes proposed to the building are minor and would not affect its scale and character.

24. The project creates an attractive and visually interesting built environment with a variety of building styles and designs, and well-articulated structures that present varied building facades, rooflines, and building heights within a unifying context. As explained above, the Project proposes to occupy an existing building that is similar to other light industrial and warehouse-type buildings in the surrounding area. Changes to the building exterior such as new paint, awnings, and signage add interest to the building.

25. The landscaping is compatible with and enhances the architectural character of the buildings and site features, and blends with the surrounding landscape. Landscape elements complement the buildings and rooflines through color, texture, density, and form. Landscaping is in scale with on-site and off-site buildings, and plantings have been selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage. The Project proposes landscape upgrades including new shrubs and trees that the Design Review Board has determined will enhance the building and site. Conditions of approval require the final landscape plan to incorporate additional changes to further enhance its design and consistency with City standards, including the addition of

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Res. No. 22-XX 12
shade trees and removal of a non-native palm tree.

26. Stormwater treatment areas have been integrated into the landscape design. The Project will reduce impervious area by adding new landscape areas to the site, and thus will not affect any existing stormwater control elements at the site. The Project has been reviewed by the Engineering Division, and will be constructed in conformance with the City’s guidelines based on the Project scope.

27. New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development. The Project proposes to occupy an existing building and site that is typical of the light industrial and warehousestyle buildings in the surrounding area. As explained in the findings above, minor modifications are proposed to the building and site that will enhance the existing site by, among other things, increasing landscaping and cosmetic building upgrades such as new paint, awnings, and signage to add building interest.

28. The Project overall reflects design principles and/or incorporates design features that are consistent with applicable design guidelines adopted by the City Council that are in effect at the time of approval. The Project proposes minor modifications that will enhance the overall character of the building and site while remaining compatible with surrounding developments. As such, the Project would be consistent with the applicable principles of the Community Design Guidelines, including:
(a) Building modifications avoid drastic changes in scale or character relative to neighboring sites;
 Modifications maintain the existing rhythm as expressed by horizontal and vertical architectural elements such as columns, cornices, and windows;  New paint, awnings, and signage add visual interest to the building;  Existing mechanical equipment will continue to be screened from view;  The building entrance is easily identifiable and serves as a transition between inside and outside spaces;

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Res. No. 22-XX 13
 Frontage and setback areas are landscaped to enhance the streetscape view; and  Secure and easily identifiable bicycle parking will be provided.

This resolution shall become effective immediately upon the effective date of Ordinance 22- XX.

PASSED AND ADOPTED this 12th day of April, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 12, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Susanne Meyer Brown
City Attorney
Exhibit A: Conditions of Approval

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DRAFT CONDITIONS OF APPROVAL

KOLABORATION (COCO FARMS) CANNABIS MICROBUSINESS WITH

STOREFRONT RETAIL
APPLICATION NO. PL21109 – DA, UP, VA, AP, DR
2366 STANWELL CIRCLE
APNs 112-252-021, -022, AND -006

PERMIT DESCRIPTION

1. These Conditions apply to and constitute approvals of the following permits for a:
a. Use Permit to allow 86 on-site parking spaces where a maximum of 51 parking spaces is typically allowed.
b. Variance to allow a seven foot tall to be located within the front setback area. c. Administrative Permit to occupy approximately 14,051 square feet of an existing 19,183 square feet building consisting of approximately 1,700 square feet for manufacturing, 3,400 square feet for distribution, and approximately 6,500 square feet of storefront retail. Delivery of cannabis is not authorized by this Administrative Permit. The business hours of operation shall be 8:00 a.m. to 9:00 p.m. daily in conformance with the applicant’s Zoning Compliance Fact Sheet. Days and hours of operation shall not be modified without Planning Division and Police Department approval. The Chief of Police may limit the hours for transporter deliveries and pickups. The approved use under this Administrative Permit shall not be altered or expanded without written approval from the Police Department and Planning Division.

Any proposed change shall require a written request, signed by the City Cannabis Licensee, submitted to the Chief of Police at least 30 days prior to the proposed change.

This written request shall not constitute an approval of the proposed change and the proposed change may be denied. An amendment to this Administrative Permit, the City Cannabis License, or other permit may be required for any proposed change. d. Design and Site Review of building and site improvements including exterior paint, signage, landscaping, fencing, and trash enclosure.

2. The improvements, business, and operations shall be in conformance with the applicant’s Zoning Compliance Fact Sheet received September 23, 2021, and in compliance with the City Cannabis License for the business (PL21109), project plans received November 5, 2021 unless modified in writing and approved by the Planning Division. No activities associated with the businesses operations shall occur outside of the area shown on the approved plan. The following exhibits are approved and shall be incorporated as Conditions of Approval:

Exhibit A to Attachment 1

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Plan Date Prepared Prepared By Sheet
Cover Sheet/Site Plan/Path of
Travel
01-13-22 Studio Benavente
Architects
A0.0
Occupant Load Diagram 01-13-22 Studio Benavente
Architects
A0.1
Egress Plan and Exit
Separation
01-13-22 Studio Benavente
Architects
A0.2
Enlarged Accessible Parking
Plans
01-13-22 Studio Benavente
Architects
A0.3
Fixture and Accessory
Mounting Heights & Enlarged
Restroom Plans
01-13-22 Studio Benavente
Architects
A0.4
Parking Plans 01-13-22 Studio Benavente
Architects
A0.7
Fence Plans 01-13-22 Studio Benavente
Architects
A0.8
Truck Circulation Plan 01-13-22 Studio Benavente
Architects
A0.9
Existing Floor Plan 01-13-22 Studio Benavente
Architects
A2.0
Existing Photos & Aerial View 01-13-22 Studio Benavente Architects
A3.0
Elevations and Renderings 01-13-22 Studio Benavente
Architects
A4.0 –
A4.1
Materials Board 01-13-22 Studio Benavente
Architects
A4.2
Signage Plan 01-13-22 Studio Benavente
Architects
A5.0
Proposed Trash Enclosure Plan
and Elevations
01-13-22 Studio Benavente
Architects
A6.0
Plot Plan – Outdoor Lighting 10-28-21 Steve Smith Electrical E4 Photometric 01-03-22 Steve Smith Electrical E5
Photometric Plan 01-03-22 Studio Benavente
Architects
E5.1
Title 24 11-23-21 Steve Smith Electrical E6
Lighting Specs 11-23-21 Steve Smith Electrical E7
Planting Plan 08-11-21 CD Landscape L1 –
L1.1
Irrigation Plan 08-11-21 I-21 Irrigation Consulting I2.0 Irrigation Notes 08-11-21 I-21 Irrigation Consulting I2.2 Irrigation Details 08-11-21 I-21 Irrigation Consulting I2.3 – I2.5
Irrigation Water Use
Calculations
08-11-21 I-21 Irrigation Consulting I2.6
Mechanical Symbols N/A A&S Engineering M0.1

Page 46 of 396 ends

3. Prior to Building Permit final inspection, the Planning Division and Police Department shall conduct a final inspection to verify compliance with this Use Permit, Variance, Administrative Permit, and Design and Site Review, and the City Cannabis License (PL21127). The applicant shall contact the Police Department and Planning Division, [email protected] and [email protected], respectively, at least 10 days prior to the desired inspection date.

4. The business is not permitted to operate without a valid state cannabis license. Pursuant to the City Cannabis License (PL21109), the applicant shall obtain maintain a valid state cannabis license (provisional or permanent) for the equivalent state license type(s) to the City Cannabis License. Whenever a new or renewed state license is received, the applicant shall email license to [email protected] and [email protected].

GENERAL CONDITIONS FOR CANNABIS OPERATIONS (PLNG, PD)

5. The perimeter of the business shall include measures to prevent theft and diversion of cannabis products. Steel bollards or similar physical barrier bollards are required to be installed in front of the business. The quantity and location shall be based on spacing for ADA compliance (and other local laws). Bollards shall be included in the tenant improvement plans and reviewed and approved by the Chief of Police or designee and Planning Division prior to issuance of building permit.

6. State license. The cannabis business shall hold a valid state license (provisional or permanent) for the equivalent state license type for the entire duration of the city cannabis license.

7. Sensitive land use. No cannabis business shall be located within 250 feet of a sensitive land use, as defined in Section 5.80.020, except as provided in Section 5.80.060(f) (Sensitive land use hardship application) or unless otherwise directed by Council through the competitive selection process. No sensitive land use shall be located in the buffer area that is within 600 feet of the commercial cannabis overlay district (Chapter 18.110).

8. Prohibited products. No cannabis business may sell, store, distribute or allow the consumption of any alcoholic beverages or tobacco products on or at any premises where cannabis is sold.

9. Cannabis consumption on site prohibited. No cannabis business may allow, permit, or provide for the consumption of cannabis products on site where the cannabis business is located, with or without compensation.

10. Hours of operation. All permitted facilities, with the exception of storefront retail, shall be closed to the general public. No direct sales of cannabis or cannabis products to the general public shall occur except via delivery from a licensed business to a private residence. The Chief of Police may limit the hours for transporter deliveries and pick-ups.

Storefront retail cannabis businesses shall not be open to customers outside of 8:00 a.m. to 10:00 p.m. daily without authorization from the Chief of Police.

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11. Odor control. Odors shall be contained within the licensed tenant space on which the commercial cannabis activity is located. Cannabis licensees shall prevent all odors generated from the cannabis use from escaping buildings to the extent that odor cannot be detected by a reasonable person of normal sensitivity outside the buildings, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis licensee, if the use only occupies a portion of a building. If the city receives any odor complaints that rise to the level of a public nuisance, the cannabis business shall work with the city staff to correct odor concerns. Unresolved or repeated odor complaints may be the basis for suspension or revocation of the city cannabis license or denial of city cannabis license renewal.

12. Business conducted within building. No production, distribution, storage, display or wholesale of cannabis and cannabis products shall be visible from the exterior of the building where the commercial cannabis activity is being conducted, except as authorized by the Chief of Police.

13. Protection of minors. No cannabis business shall employ anyone who is younger than 21 years of age. No cannabis business shall sell or advertise to sell any cannabis, cannabis product or cannabis accessory to minors, except in circumstances where the minor is over 18 years of age and is permitted or allowed by state law to purchase or possess medicinal cannabis, as set forth in California Business and Professions Code Section 26140, or any successor statute thereto.

14. Security. All cannabis businesses shall maintain a commercial burglar alarm monitoring system, install a video surveillance system, and comply with the security plan approved by the Chief of Police. A cannabis business shall notify the Police Department immediately, and within 24 hours after discovering any of the following:
a. Diversion, theft, loss, or any criminal activity involving the cannabis or cannabis products or any agent or employee of the licensee.
b. The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers or employees or agents. c. Significant discrepancies identified during inventory. d. Any other material breach of security.

15. Labeling and packages. Labels and packages of cannabis and cannabis products shall meet all state and federal labeling and packaging requirements.

16. Inspections. City representatives may enter and inspect the property of every cannabis business to ensure compliance and enforcement of the provisions of this chapter, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. Such inspections shall occur during normal regular business hours unless the city has provided prior written notice to the cannabis business for an after-hours inspection.

Upon request, the cannabis business shall timely provide the city official with records related to the business, including, but not limited to, utility bills from the commercial energy provider for the premises, inventory, financial records, and inventory tracking

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records. This section shall not limit any inspection authorized under any other provision of law or regulation.

17. Business license. Obtain and maintain a business license from the city.

18. Insurance. Maintain at all times commercial general liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than $2,000,000 per occurrence and comprehensive automobile liability (owned, non-owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than $2,000,000. The commercial general liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, shall include an endorsement that specifies the insurance coverage afforded to the city shall be primary and noncontributory, and shall name the city, its officials and employees as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for suspension of the city cannabis license immediately and, ultimately, revocation.

19. Indemnification. By accepting the city cannabis license and executing the application form, each licensee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law the city, its officers, officials, agents and employees from and against any and all actual and alleged damages, claims, liabilities, costs (including attorney’s fees), suits or other expenses resulting from and arising out of or in connection with licensee’s operations, except such liability caused by the active negligence, sole negligence or willful misconduct of the city, its officers, agents and employees.

20. Recordkeeping. Maintain, for a minimum of seven years, a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements (including any in-kind contributions), as well as records of all operational expenditures and costs incurred by the licensee in accordance with generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the city during business hours for inspection upon reasonable notice by the Chief of Police.

21. Notice of violations. Notify the Chief of Police within three calendar days of any notices of violations or other corrective action ordered by a state or other local licensing authority, and provide copies of the relevant documents.

22. Building permits. The cannabis business shall obtain all building permits required pursuant to Title 15 for any electrical, plumbing, or other construction activities.

23. Sewer discharge. No cannabis, cannabis byproducts, or associated hazardous materials may be discharged into the sanitary sewer system (including, but not limited to, sinks, toilets, or storm drains).

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24. Secure trash receptacles. All indoor and outdoor trash receptacles shall be locked and secured in manner to prevent tampering, theft, and/or removal of any cannabis refuse or the trash receptacle.

25. Waste disposal. Disposal of cannabis, cannabis products, and cannabis waste shall occur in accordance with state law.

25. Temporary cannabis events. Temporary cannabis events shall be prohibited.

26. Other agency approvals. The cannabis business shall be required to obtain approval from the Fire District, Health Department, and Central Contra Costa Sanitary District.

27. In order to maintain this Administrative Permit, the City Cannabis License shall be renewed pursuant to Concord Municipal Code (CMC) Chapter 5.80 (Cannabis). A license renewal application and any applicable fees shall be submitted at least 60 days before the expiration of the City Cannabis License. Failure to submit a renewal application prior to the expiration date of the license will result in the automatic expiration of the license on the expiration date. License renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place and may require the submittal of additional information to ensure that the new standards are met. No person shall have any entitlement or vested right to receive a license under CMC Chapter 5.80 (Cannabis).

28. Maintain at all times all licenses and permits as required by the state of California, and provide immediate notification to the Chief of Police if any state license or permit is suspended or revoked.

CONDITIONS FOR SPECIFIC CANNABIS OPERATIONS (PLNG/PD)

29. Cannabis manufacturing shall comply with the following:
a. Employ at least one full-time quality control personnel. b. Establish standard operating procedures and batch records that comply with good manufacturing practices and any applicable state law.
c. All finished cannabis products must be labeled and packaged in child-resistant packaging prior to leaving the manufacturing premises in accordance with state law. d. The use of volatile solvents must comply with state law, procure approval from the Contra Costa County Fire Protection District, and operate in a manner to reduce the risk of explosion or danger to public health.

30. Cannabis distribution shall comply with the following:
a. A city cannabis distributor transport only Type 13 license cannot be issued without a corresponding city cannabis license (e.g., manufacturing) issued by the Chief of Police. b. Vehicles used for distribution of cannabis or cannabis products shall not advertise any activity related to cannabis nor shall they advertise the name of the licensee.

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c. The city cannabis distributor licensee shall register with and provide the Chief of Police each location within the city where cannabis or cannabis products are stored within the city for the purposes of distribution activities.

31. Cannabis storefront operations shall comply with the following:
a. Develop and implement a security plan that includes procedures for verifying identification of customers both before entering the retail establishment and again before receiving cannabis or cannabis products.
b. A theft prevention plan shall be reviewed and approved by the Chief of Police or designee.
c. On-site security guard(s) shall monitor activity within 150 feet of building entrance to ensure no cannabis consumption is occurring in the vicinity of the business, including parking areas.
d. Develop and implement a neighborhood responsibility plan that demonstrates how the business will reduce adverse impacts to the surrounding neighborhood, including neighborhood outreach, methods for future communication, and dispute resolution, shall be submitted and approved by the city.
e. Cannabis and cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss. f. The business owner shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises during business hours if directly related to the patrons of the subject retailer. For purposes of this subsection, “reasonable steps” shall include calling the police in a timely manner and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request. g. The public entrance shall be ADA accessible.
h. The business owner shall remove litter on and in front of the premises and, if necessary, on public sidewalks within 100 feet of the facility two times, with a minimum of fourhour intervals, each operating day.

GENERAL CONDITIONS

32. The Conditions are the responsibility of the applicant and all contractors. Compliance shall occur as specified in the Conditions or at one of the following project milestones:
a. Prior to issuance of Encroachment, Grading, or Building Permits, whichever comes first.
b. Prior to construction.
c. On-going during renovations and construction.
d. Prior to occupancy approval.

If timing for compliance is not specified, it shall be determined by the Divisions listed after the Condition. (PLNG, BLDG, ENGR)

33. Where a plan or further information is required, it is subject to review and approval by the applicable City Department/Division, as noted at the end of each Condition. The Division

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listed first shall be the primary contact for implementation of that Condition. (PLNG, BLDG, ENGR).

34. The Conditions of Approval shall be listed on a plan sheet that is included in the construction plan set (Grading, Utility, Landscape and Building Plans). (PLNG, ENGR, BLDG)

35. The project shall comply with all applicable Federal and State laws and Concord Municipal Code (CMC) requirements. (PLNG, BLDG, ENGR)

36. Minor modifications that are found to be in substantial conformance with the approved plans such as colors, plant materials, or minor lot line adjustments, may be approved administratively. Major modifications shall be approved by the applicable decision making body. (PLNG, ENGR)

37. The project site and area surrounding the site shall be maintained in a weed and litter free condition for the period prior to construction. (BLDG, PLNG)

ARCHITECTURAL

38. The chain link gates proposed for the trash enclosure shall be replaced with solid decorative gates subject to review and approval by the Planning Division prior to issuance of a building permit for the trash enclosure. (PLNG)

39. Rooftop equipment (HVAC, meters, refrigeration equipment, plumbing lines, ductwork and transformers), shall not extend above the building parapet and shall be screened from view on all sides with materials architecturally compatible with the main structure.

Screening details shall be shown on the Building Plans and submitted for review and approval by the Planning Division, prior to the issuance of Building Permits and installed prior to occupancy approval. (PLNG)

40. Vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface, unless otherwise approved by the Planning Division. Dented or otherwise damaged constructions elements should be replaced or repaired to a like-new condition. (PLNG)

41. All fences and walls on the subject property shall conform the requirements in CMC

18.150.040. (PLNG)

42. Exterior building materials and body colors shall be in substantial conformance with the approved project plans received on November 5, 2021. (PLNG)

43. Any additional exterior improvements to the building or property not included in the scope of work shall require Design and Site review and approval, as determined by the Planning Division. (PLNG)

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TRANSPORTATION

44. Comply with the recommendations from the Traffic Study prepared by Fehr & Peers dated February 22, 2022, including but not limited to:
a. Applicant shall contribute to the retiming of the Galindo Street and Willow Pass Road traffic signal to provide additional green light time for the southbound left turn movement.

Prior to issuance of development or building permit, whichever comes first , the applicant shall deposit a sum of $10,000 into a trust account to be used for the purposes of retiming the signal and recalibrating adjacent signals to maintain smooth traffic flow. (TRAN/PLNG)

PARKING

45. Prior to the issuance of a building permit or site development permit, whichever comes first, the Applicant shall perform one of the following:
a. Execution of an Off-Site Parking Agreement in a form acceptable to the City for review and approval by the Planning Division and City Attorney. The agreement shall guarantee that the property owner(s) of parcels 112-252-021 and -022 dedicate the parking located on these parcels for the sole use of CoCo Farms and/or the tenant(s) of 2366 Stanwell Circle; or
b. Application for a Parcel Merge of parcels 112-252-021, -022 and -006 for review and approval by Engineering Service and Planning Division.

The Agreement or Parcel Merge shall be recorded with Contra Costa County prior to building occupancy. (PLNG/ENGR)

46. Parking shall comply with CMC Chapter 18.160 “Parking, Loading, and Access”, including motorcycle and bicycle parking spaces, drive aisle and parking space dimensions, turning radii, back-out dimensions, driveway clearances, landscape median dimensions, and other relevant information. (ENGR, PLNG) CMC

LANDSCAPING

47. The landscaping and irrigation shall be installed per the approved landscape plan except as modified by these conditions. (PLNG)

48. Prior to an application for site utility work or site development, whichever occurs first, applicant shall submit a revised landscape plan to provide shade trees at a minimum size of 24-inch box. Trees shall be planted in parking areas so that 50 percent shading of parking lot pavement is achieved within 10 years. At a minimum, one 24-inch box shade tree shall be provided for every five parking spaces. Changes to the landscape plan and this requirement may be approved by the Planning Division, in consultation with the Police

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Department and Transportation Division, to provide security and circulation needs for the project while meeting the applicable landscape standards to the greatest extent practicable.

Modified plans shall include a written justification for the changes and submitted to the Planning Division for review and approval prior to issuance of a site development permit. (PLNG)

49. Submit a revised landscape plan prior to or concurrent with an application for site development permit or utility work, whichever occurs first, with the following changes. a. Show site improvement and utility work screened in the background to ensure proposed landscaping and irrigation will not conflict with utility and site improvement work.
b. Change the Bougainvillea and Arctostaphylos ‘John Dourley’ to five-gallon size containers.
c. Add a water usage column to the plant list to identify the water use demand for each plan (e.g., low, medium, or high). (PLNG)

TREE REMOVAL

50. Prior to issuance of a site development permit, applicant shall submit a revised landscape plan to:
a. remove and replace the 40-inch palm tree with a 24-inch box native shade tree; and b. replace proposed Acacia trees with 24-inch box native shade trees. (PLNG)

LIGHTING

51. Replace the wall pack light fixtures with fixtures that incorporate shielding to reduce glare and light pollution, and direct light downward; as feasible, while still meeting the security needs of the site. (PLNG)

52. All site lighting shall be installed prior to occupancy. (PLNG, TRANS) SIGNS

53. All signage shall comply with CMC Chapter 18.180 “Signs”. Sign design shall be revised as follows prior to issuance of a sign permit:
a. Redesign the sign to incorporate individual channel letters, or a raised “CoCo Farms” logo off of a backer panel. A cabinet sign design is not allowed. b. If lighting is proposed, lighting shall be halo illuminated letters or externally illuminated individual letters mounted on the sign face. (PLNG)

STREET IMPROVEMENTS

54. Any trenching for underground utilities shall comply with the modified City Standard Detail S-17 for pavement repair and possible slurry placement. (ENGR)

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55. Construct all public facilities in accordance with the current Americans with Disabilities Act (ADA), including driveways and curb ramps. (ENGR)

56. The Improvement Plans shall show frontage improvements including but not limited to:
drainage improvements, curb, gutter and sidewalk per City Standard Detail S-10, and driveway construction per City Standard Detail S-14 and repair/replacement of deficient frontage improvements as determined by the City Engineer. Any unusable existing driveway shall be replaced with standard curb, gutter, and sidewalk per S-10 above. Any trenching for utility installation shall comply with the modified City Standard Detail S-17 for pavement repair and possible slurry placement. (ENGR) NOISE

57. Noise producing site preparation and construction activities shall be limited to the days and hours as set forth below:

Monday through Friday 7:30 a.m. to 6:00 p.m.

Construction on Saturdays may be allowed only upon prior approval by the Building, Engineering, and Planning Divisions. No changes to these construction hours shall be allowed without the prior written consent of the City. A contact person shall be available during all construction activities in the evening and on weekends to respond to complaints and take actions necessary to reduce noise. (BLDG, ENGR, PLNG)

CONSTRUCTION ACTIVITIES

58. Implement and propose a dust and construction noise control plan. Submit the plan to Engineering Services for review and approval prior to issuance of the Grading Permit. (ENGR)

59. Construction equipment shall not be serviced at the site at any time. During construction no deliveries shall be made to the site and no delivery vehicles (including gasoline tanker trucks) shall enter the site between 6:00 p.m. and 7:30 a.m. on weekdays, and between 5:00 p.m. and 8:00 a.m. on weekends and federal holidays. Delivery vehicles shall have their engines turned off during unloading. (BLDG, ENGR, PLNG)

60. Employ the quietest construction equipment available, to muffle noise from construction equipment and keep all mufflers in good working order in accordance with State law. (BLDG, ENGR, PLNG)

61. Implement the following measures during construction:
a. Gather all construction debris on a regular basis and place them in a dumpster or other container that is emptied or removed on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution.

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b. Remove all dirt, gravel, rubbish, refuse, and green waste from the street pavement, and storm drains adjoining the project site. During wet weather, avoid driving vehicles off paved areas.
c. Broom sweep the public street pavement adjoining the project site on a daily basis.

Caked-on mud or dirt shall be scraped from these areas before sweeping. d. Install filter materials (e.g., sandbags and filter fabric) at the storm drain inlet nearest the downstream side of the site in order to preclude any debris or dirt from flowing into the City storm drain system. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and to prevent street flooding. Dispose of filter particles in an approved trash receptacle.
e. Create a contained and covered area on the site for the storage of bags, cement, paints, flammable, oils, fertilizers, pesticides, or any other materials used on the site that have the potential for being discharged to the storm drain system by being windblown or in the event of a material spill.
f. Never clean items such as machinery, tools, and brushes or rinse containers in a street, gutter, or storm drain.
g. Ensure that concrete, gunite, plaster, or similar supply trucks do not discharge wash water into street gutters or drains. (ENGR, BLDG)

62. No equipment shall be started or staging area be established on the streets or the site before or after the specified hours of construction. (ENGR, BLDG)

63. Ensure that no debris or construction scrap material is placed on any adjoining lot, open space area, or street, and that any such material stored on an adjoining site shall be completely removed and the site cleaned, prior to occupancy approval. (ENGR, BLDG)

64. There shall be no parking of construction equipment or construction worker’s vehicles on residential streets at any time; all vehicles shall be maintained on-site. (ENGR, BLDG)

65. Identify truck routes for the import or export of cut/fill material and/or construction debris for review and approval by the Engineering division prior to the issuance of permits.

Repair any damage to City streets (private and public) caused by activity associated with this project. (ENGR)

CONSTRUCTION PLAN REVIEW/PRE-PERMIT REQUIREMENTS

66. Design improvements in accordance with the City Standard Plans S-34 and S-36 for sight distance, sidewalk, back up, fencing, geometrics at intersection and corner setback requirements, prior to the Acceptance of Improvements. Plans shall be subject to review and approval by Engineering Services. (ENGR)

67. Obtain an Encroachment Permit from the City prior to performing any work within the public right-of-way or public easements. (ENGR) CMC.

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GRADING/EROSION CONTROL/GEOLOGIC

68. A Grading and Drainage plan shall be prepared by a Civil Engineer or Architect and receipt of an Encroachment Permit approved by the engineering division will be required. (ENGR)

69. Grading on adjacent properties shall require written approval from the affected property owners. (ENGR)

70. On-site finish grading work shall require drainage to be directed away from all building foundations at a minimum slope of 2 percent and a maximum slope of 20 percent toward approved drainage facilities or swales. Non-paved drainage swales shall have a minimum slope of 1 percent. (ENGR)

71. At all times seasonally appropriate erosion control measures shall be implemented per plans approved by the City Engineer for all grading work at all times. Wet season measures shall be in place October through April at a minimum and when rain is otherwise predicted.

At the time of approval of the Improvement and/or Grading Plans, an approved Erosion Control Plan prepared by a registered Civil Engineer shall be filed with the City Engineer. (ENGR)

72. Comply with the applicable provisions of the Grading Ordinance and the Storm Water Management and Discharge Control Ordinance. (ENGR) CMC

UTILITIES

73. No above ground utility facilities/structures shall be located between the face of curb and back of sidewalk in the public right-of-way. (ENGR)

74. All new utilities shall be constructed underground prior occupancy approval. (ENGR)

75. Submit to Engineering Services a sewer fixture count and square footage of the existing buildings for possible fee credit purposes, prior to demolition. (ENGR)

76. Coordinate all facility adjustments, relocations, or additions to utility services with the appropriate utility companies. (ENGR)
DRAINAGE/STORMWATER C.3 REQUIREMENTS

77. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner. (ENGR)

78. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered. (ENGR)

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79. Pay a Document Imaging fee to reimburse the City for implementation of the Document Imaging and File Retention programs, prior to issuance of Final on Building Permits. (PLNG)

80. All required faithful performance bonds and labor materials bonds in a penal amount equal to 100 percent of the approved estimates of construction costs of improvements shall be submitted to and approved by the City and other agencies having jurisdiction prior to issuance of the Building or Encroachment Permit, whichever comes first. (ENGR)

OTHER/MISCELLANEOUS

81. Comply with the requirements of the Contra Costa County Fire Protection District. Submit complete sets of plans and specifications to the Fire District for review and approval at:

Contra Costa County Fire Protection District
4005 Port Chicago Highway, Suite 250
Concord, CA 94520
Plan review fees are assessed at that time. The City is not responsible for the collection of fees or enforcement of requirements imposed by the Fire District. (CCCFPD)

82. The applicant shall defend (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct.

The City shall have the right to pre-approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or

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final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA)

83. The permit and approval shall expire in one year from the date Ordinance 22-XX became effective unless construction permits are obtained and work has begun. (PLNG)

84. A request for a time extension from the expiration date established by Condition #83 above can be considered if an application with required fee is filed at least 10 days before the original expiration date, otherwise a new application is required. A public hearing will be required for all extension applications, except those involving only Design Review.

Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG)

85. The City may impose additional conditions of approval, including additional site improvements, when the City Cannabis License extension(s) are granted. (PLNG)

86. The applicant shall duly execute and comply with the terms and conditions of the Development Agreement attached as Exhibit A to Ordinance 22-XX (An Ordinance Approving and Adopting a Development Agreement by and Between the City of Concord and Kolaboration Concord LLC, Regarding the Development of a Cannabis Microbusiness with Storefront Retail at 2366 Stanwell Circle, Assessor’s Parcels Number: 112-252-021, -022, and -006 (PL21109 – DA, UP, RT, AP, DR)

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ORDINANCE NO. 22-XX

AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CONCORD AND

KOLABORATION CONCORD, LLC, REGARDING THE DEVELOPMENT

OF A CANNABIS MICROBUSINESS WITH A STOREFRONT RETAIL
COMPONENT LOCATED AT 2366 STANWELL CIRCLE, ASSESSOR’S
PARCELS NUMBERS: 112-252-021, -022, AND -006 (PL21109 – DA, UP, VA, DR)
WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on April 2, 2019, the City Council and Planning Commission conducted a Joint Study Session and directed staff to pursue revisions to the existing cannabis regulations to potentially allow additional commercial cannabis uses including adult-use and medicinal non-storefront retail; and consideration of allowing adult-use and medicinal storefront retail and microbusinesses; and WHEREAS, on November 5, 2019, the City Council considered introduction of an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to add adult-use City Cannabis Licenses for manufacturing and distribution; to increase the maximum number of City Cannabis Licenses for manufacturing, distribution, and testing laboratories; to allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront); and allow City Cannabis Licenses for microbusinesses. At the meeting, the City Council provided direction to staff regarding the allowable number of each cannabis license type, and directed staff to bring the Development Code amendments required for implementing corresponding changes to the Concord Development Code to the Planning Commission for consideration and recommendation to the City Council; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow AdultUse City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing Attachment 2

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Ord No. 22-xx 2
Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on October 5, 2020 the City of Concord issued a Request for Proposals for storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on May 26, 2021, following interviews, public comment, and City Council deliberation, Kolaboration Concord LLC (dba “CoCo Farms” and herein referred to as “Applicant”) was invited to apply for one of two available cannabis microbusiness licenses; and WHEREAS, Kolaboration Concord, LLC (herein referred to as “Applicant”) was invited to apply for one of two available licenses for a microbusinesses with a storefront retail component; and WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, Municipal Code Chapter 18.460 Development Agreements authorizes the execution of development agreements and sets forth the required contents and form of those agreements; and
WHEREAS, on June 11, 2021, Applicant submitted an Administrative Permit, Design and Site Review, and Development Agreement applications to establish a cannabis microbusiness with storefront retail use at 2366 Stanwell Circle, APN 112-252-021, -022, and -006 (“Property”), (herein collectively referred to as “Project”); and
WHEREAS, on June 22, 2021, the Project was revised to include a Use Permit to allow onsite parking in excess of the maximum parking allowed; and

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Ord No. 22-xx 3
WHEREAS, on February 11, 2022, the Project was further revised to include a Variance for fence height and deemed complete by staff; and
WHEREAS, the City and Applicant have reached mutual agreement on the terms of the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein, in the form attached hereto as Exhibit A (the “Development Agreement”); and
WHEREAS, the Planning Commission, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing March 16, 2022, on the proposed Development Agreement; and
WHEREAS, at such public hearing, the Planning Commission considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated March 16, 2022, materials, exhibits presented, and all other information that constitutes the record of proceedings on which the Planning Commission has based its decision that are maintained at the offices of the City of Concord Planning Division (collectively, “Planning Commission Information”); and
WHEREAS, on March 16, 2022, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, adopted Resolution No. 22-01PC and did recommend City Council approval of the Development Agreement by a 5-0 vote (AYES: Mizutani, Laub, Barbour, Mercurio, Weinmann); and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on April 12, 2022 on the Development Agreement; and
WHEREAS, at such public hearing, the City Council also considered and adopted a Resolution Approving a Use Permit, Variance, Administrative Permit, and Design and Site Review for a Cannabis Microbusiness with a Storefront Retail component at 2366 Stanwell Circle, APNS:
112-252-021, -022, and -006 (PL21109 – UP, AP, VA, DR, DA) (“Resolution 22-XX”); and

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Ord No. 22-xx 4
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the application materials, the written report from City staff dated April 12, 2022, and other exhibits presented, Resolution 22- XX, and the Planning Commission Information, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council has reviewed, considered, and evaluated the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord 94519.

Section 4. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the proposed project is categorically exempt pursuant to following CEQA Guidelines: a) Section 15301 (“Existing Facilities”); b) Section 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); d) Section 15304 (“Minor Alterations to Land”); and/or e) Section 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the project consists of tenant improvements to an existing building, with de minimis façade and landscaping improvements.

Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a

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cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource. Therefore, the proposed project does not warrant further environmental review.

Section 5. Development Agreement.
a. The Development Agreement is consistent with the general plan and any applicable specific plan. No specific plan applies to the Project. The proposed cannabis microbusiness and storefront retail includes manufacturing and distribution that are consistent with the uses envisioned by the Business Park designation. Additionally the project will be consistent with the following General Plan policies.
 Establish land use priorities that foster entrepreneurship, growth, and innovative business development (Policy E-2.1.1). If approved by the City Council, the proposed microbusiness would be the first of its kind in the City of Concord and the second storefront retail. Having an innovative and desirable use coupled with limited availability of these uses in the surrounding area could help attract other new innovative businesses to the City of Concord’s business park areas.  Support the creation of job and contracting opportunities for Concord residents and businesses through the establishment of local hire preference, apprenticeships, internships, and other programs which support local hiring, training, and skill enhancement. (Policy E-2.1.7). The applicant has committed to hiring a large proportion of its employees from within Concord. The business plans to hire approximately 100 full-time employees primarily from the Concord community.  Provide sites for employment-generating businesses, technology-based businesses, and light industrial uses wishing to locate in Concord (Policy LU-6.1.2). The project includes manufacturing at a scale consistent with light industrial uses. As

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explained above, the project would generate approximately 100 full-time jobs primarily hired from the Concord community
 Require new commercial development to provide comprehensive landscaping, including hardscape and parking lot areas as well as pervious areas (Policy LU9.1.3). The applicant will be making minor but noticeable improvements to the building and site, including repainting the building and installing new landscaping, lighting, and trash enclosure. These improvements will enhance the look of the site and contribute to the overall attractiveness of the area.  Require trees and other landscaping within parking lots (Policy LU-10.1.5). The project will upgrade the existing parking lot with new landscaping including shade trees.
 Evaluate the effects of new development on law enforcement service and take public safety issues into account when reviewing land use proposals (Policy S7.1.1). The potential effects of the proposed cannabis microbusiness with storefront retail have been evaluated to ensure appropriate measures will be in place to enhance public safety. The measures include: 1) a security plan reviewed and approved by the Chief of Police that requires, among other things, a commercial burglar alarm monitoring system and video surveillance system, procedures for verifying identification of customers entering and leaving the retail establishment, and on-site security guards; 2) a Neighborhood Compatibility Plan and the designation of a Community Relations Officer to respond to any complaints from the public, customers, and businesses with respect to the cannabis operations or property; and 3) an Annual Review Report with the City that includes documentation on how complaints from the community were addressed. b. The Development Agreement is in conformity with public convenience, general welfare, and good land use practices. The cannabis microbusiness with a storefront retail component will be in conformity with public convenience, general welfare, and good land

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use practices. Municipal Code regulations pertaining to cannabis businesses have been incorporated into the Conditions of Approval that will require the business to implement a security plan approved by the Chief of Police and to contain odors within the building, among other things. Additionally, approval of the Development Agreement will include requirements for community benefits, including financial contributions to the City to further community programs, and a Neighborhood Compatibility Plan to respond to complaints from the public, customers, and businesses with respect to the cannabis operations or property. The cannabis microbusiness with storefront retail component use is permitted in the OBP (Office Business Park) zoning district subject to an Administrative Permit and competitive selection process. The proposed use will be occupying an existing building, which is in conformance with the regulations and standards for the zoning district. No known sensitive uses as defined in CMC Chapter 5.80 are located within 250 feet of the subject property.
c. The Development Agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. Approval of the Development Agreement will not be detrimental to the health, safety, and general welfare of residents of the City. The Development Agreement, Conditional City Cannabis License, Use Permit, Variance, and Administrative Permit contain conditions of approval, including a safety and security plan that will ensure the use will not impact surrounding businesses and properties. The Development Agreement contains commitments from CoCo Farms, codified through adoption of the Agreement by the City Council to provide community benefits with the purpose of youth drug use prevention and education efforts, drug treatment and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism, workforce development, small business assistance, providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public

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art installations, event programming and other activation of public space, and improving quality of life and providing economic opportunities.
d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The proposed business will be occupying an existing building. The Applicant will be making minor changes to the exterior of the building, including new paint, awnings, and signage, but no changes that would adversely affect the orderly development of property. The Applicant will also be making exterior improvements to the site, including new landscaping, fencing, and trash enclosure. These improvements will help preserve property values for the area. e. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5. Approval of the Development Agreement between the City and Kolaboration Concord, LLC is in conformance with the provisions and intent of Government Code Sections 65864 through 65869.5 for the following reasons:
i. Assurances have been provided to the Developer due to vesting certain regulations. ii. The Developer has a legal or equitable interest in real property and the City will recover from the direct costs associated with the consideration of the Development Agreement.
iii. The Development Agreement contains a provision requiring an annual review for compliance with the terms of the Agreement, including provisions allowing for the modification or termination of the Agreement if it is found the Developer has not complied in good faith with the terms and conditions of the Agreement. iv. The Development Agreement specifies the duration, the permitted uses of the property, and the required land use approvals.
v. The Agreement is enforceable by any party thereto.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 22-XX and approves and authorizes the City Manager to execute the Development Agreement in form attached hereto as Exhibit A, and (as more specifically set forth in the Development Agreement) further

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authorizes the City Manager or designee the authority to determine, review, and approve any “Minor Amendment” as set forth in the Development Agreement and subject to approval of the City Attorney.

Upon execution of the Development Agreement by all parties, the City Clerk is hereby directed to record the Development Agreement with the Contra Costa County Recorder’s Office.

Section 7. This Ordinance No. 22-XX shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on April 12, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on May 3, 2022, by the following vote:

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AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Exhibit A: Development Agreement

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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Concord
1950 Parkside Drive, MS/03
Concord, CA 94519
Attention: City Clerk
Record Without Fee
Pursuant to Government Code
Section 27383
APN 112-252-021
APN 112-252-022
APN 112-252-006
Space Above Reserved for Recorder’s Use Only

DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF CONCORD
AND

KOLABORATION CONCORD, LLC,
D.B.A. COCO FARMS
[PL21109]
Exhibit A to Attachment 2

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TABLE OF CONTENTS
Page
-iSECTION 1 DEFINITIONS...........................................................................................................3 SECTION 2 EFFECTIVE DATE AND TERM.............................................................................6 SECTION 3 DEVELOPMENT OF THE PROPERTY..................................................................9 SECTION 4 FEES, EXACTIONS, REIMBURSEMENTS.........................................................12 SECTION 5 DEVELOPER COMPLIANCE WITH LAW..........................................................13 SECTION 6 COMMUNITY BENEFITS.....................................................................................14 SECTION 7 AMENDMENT OF AGREEMENT AND PROJECT APPROVALS....................18 SECTION 8 INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE ...........................................................................................19 SECTION 9 RESTRICTIONS ON TRANSFER, ASSIGNMENT .............................................21 SECTION 10 MORTGAGEE PROTECTION ............................................................................22 SECTION 11 DEFAULT; REMEDIES; TERMINATION .........................................................24 SECTION 12 GENERAL PROVISIONS ....................................................................................26

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DEVELOPMENT AGREEMENT
This Development Agreement is entered into by and between the City of Concord (“City”) and Kolaboration Concord, LLC, a California limited liability corporation, d.b.a. CoCo Farms (“Developer”). Capitalized terms used herein are as defined in Section 1, below.

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Agreement:

A. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (“Development Agreement Statute”), which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property.

B. In accordance with the Government Code Section 65864 et seq., the City Council of the City of Concord enacted Municipal Code Chapter 18.460 Development Agreements (“Development Agreement Ordinance”) which authorizes the execution of development agreements in the City, and sets forth the required contents and form of those agreements.

C. The State of California enacted a series of laws commonly referred to as the “Medical Cannabis Regulation and Safety Act,” which created a state licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution and sale of medical cannabis. The voters of the State of California subsequently approved Proposition 64, known as the “Control, Regulate and Tax Adult Use of Marijuana Act,” referred to as the “Adult Use of Marijuana Act,” which legalized, subject to certain restrictions, specified nonmedical or adult cannabis uses for purposes of state law.

D. In addition, the state legislature passed the “Medicinal and Adult-Use Cannabis Regulation and Safety Act,” which reconciled the differences between the prior laws referenced above, and created a comprehensive state licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, delivery and sale of both adult and medicinal use of cannabis.

E. In 2020, the City adopted Municipal Code Chapter 5.80 Cannabis (“Cannabis Ordinance”), establishing the City’s system for regulating cannabis businesses, consistent with state law, to protect the health, safety, and welfare of the residents of Concord, and requiring that licensed cannabis businesses comply with the Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations. A cannabis license issued by City pursuant to the Cannabis Ordinance is referred to generically herein as a “City Cannabis License.”

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F. The Cannabis Ordinance and Municipal Code Section 18.460.010 authorize the City and Developer to enter into a development agreement relating to licensed cannabis business operations and related development activities.

G. On October 5, 2020, the City issued a request for proposals from applicants for several types of City retail cannabis licenses, Request for Proposals #2436 for Commercial Cannabis Businesses: Storefront, Retail, Non-Storefront Retail, & Microbusiness with Storefront Retail (“RFP”). Developer’s response to the RFP led to Developer’s selection by City Council as an applicant permitted to apply for a Developer Cannabis License in the microbusiness with storefront retail category located at 2366 Stanwell Circle, Concord, California (“Cannabis Business”) pursuant to the Cannabis Ordinance. The term “Developer Cannabis License” as used herein means a City Cannabis License applicable to the Cannabis Business as contemplated under the Cannabis Ordinance.

H. If issued a City Cannabis License and granted all additional required licenses and permits, Developer shall operate the Cannabis Business in accordance therewith and in compliance with Applicable City Law (as that term is defined in Section 3.C).

I. During the Term, Developer shall maintain a legal or equitable interest (as contemplated in the Development Agreement Statute) in that certain real property located at 2366 Stanwell Circle, with the following Assessor’s Parcel Numbers: 112-252-021, 112-252- 022, and 112-252-006, as more particularly described and depicted in Exhibit A attached hereto and incorporated herein (“Property”). Developer’s current legal or equitable interest in the Property consists of a leasehold interest.

J. It is the intent of City and Developer herein to establish certain conditions and requirements related to review and development of the Project, which are or will be the subject of subsequent development applications and land use entitlements. Developer is applying to the City for approvals to develop and Property in accordance with existing land use, zoning, and other regulations (“Project”), and to operate the Cannabis Business in accordance with Applicable City Law, and has applied for a Development Agreement to vest the Applicable City Laws for the Project.

K. In addition, Developer and City wish to establish mutual commitments regarding the Project, operation of the Cannabis Business, related Community Benefits to be provided by Developer, and certain City commitments. The Community Benefits regarding the operation of its Cannabis Business are provided voluntarily pursuant to this Agreement, as consideration for the vesting of regulations and other City commitments as set forth herein.

L. City finds that the Agreement is consistent with the City’s General Plan and any applicable specific plan; is in conformity with public convenience, general welfare, and good land use practices; will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole; will not adversely affect the orderly development of property or the preservation of property values; and is consistent with California Government Code Sections 65864 through 65869.5.

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M. City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to Government Code Section 65867 and the Development Agreement Ordinance. The City has reviewed and evaluated this Agreement in accordance with the Development Agreement Laws and found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Laws and the goals, policies, standards and land use designations specified in the General Plan.

N. On ______________ the City Council introduced Ordinance No. _________ approving this Agreement and authorizing its execution, and adopted that Ordinance on ____________. That Ordinance became effective on _______________ (“Enacting Ordinance”).

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:

SECTION 1

DEFINITIONS
“Agreement” means this Development Agreement between City and Developer, including all recitals and Exhibits hereto.
“Applicable City Law” is defined in Section 3.C.
“Cannabis Business” is defined in Recital G.
“Cannabis Business Owner” is defined in Cannabis Ordinance Section 5.80.020. “Cannabis Ordinance” is defined in Recital E.
“CEQA” means the California Environmental Quality Act of 1970, California Public Resources Code Section 21000, et seq. together with and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations, all as amended from time to time. “City” is defined in the preamble.
“City Cannabis License” is defined in Recital E.
“City Clerk” means the City Clerk of the City of Concord “City Council” means the City Council of the City of Concord. “City Manager” means the City Manager of the City of Concord or designee.

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“City Parties” means and includes City and its elected and appointed officials, officers, employees, agents, volunteers, attorneys, contractors and representatives. “Claims” means any and all liabilities, obligations, judgments, orders, claims, damages, fines, penalties and expenses, actions, causes of action, claims, cross-claims, disputes, demands, losses, taxes, costs, loss of service, expenses, liabilities, debts whatsoever, in law or in equity, whether known or unknown, of any kind or character, including attorneys’ fees and costs. “Community Benefits” means those benefits, commitments, and monetary contributions identified in Agreement Section 6 Community Benefits, as more fully described in Exhibit B. “Concord Resident” means an individual domiciled within the City of Concord. For purposes of this definition, “domiciled” has the meaning set forth in section 349(b) of the California Election Code.
“Connection Fee(s)” means any fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting water, sanitary sewer, and other applicable utilities, except for any such fee or portion thereof that constitutes an Impact Fee, as defined below.
“DCC” is defined in Section 5.C.
“Default” is defined in Section 11.A.
“Developer” is defined in the preamble.
“Developer Cannabis License” is defined in Recital G.
“Developer Contributions” is defined in Section 6.B.
“Development Agreement Laws” means the Development Agreement Ordinance and the Development Agreement Statute.
“Development Agreement Ordinance” is defined in Recital B. “Development Agreement Statute” is defined in Recital A. “Director of Finance” means the City’s Director of Finance or designee. “Effective Date” means the date that this Agreement becomes effective as determined under Section 2.A.
“Enacting Ordinance” refers to the Ordinance identified in Recital N. “Exactions” means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation of land; and obligations to construct On-Site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such

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exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable City Law. For purposes of this Agreement, Exactions do not include Impact Fees. “First Extension Term” is term of years described in Section 2.B.2. “Generally Applicable Laws” is defined in Section 5.F.
“Gross Receipts/Gross Revenues” is defined in Section 6.B.3. “Impact Fee(s)” means any monetary amount charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the development project or development of the public facilities related to the development project, including, any “fee” as that term is defined by Government Code Section 66000(b). For purposes of this Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction shall be considered to be an Impact Fee. “Initial Term” is the term of years described in Section 2.B.1. “Litigation Challenge” is defined in Section 8.C.
“Major Amendment” is defined in Section 7.B.
“Minor Amendment” is defined in Section 7.C.
“Mortgage” means any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property or any of the Developer’s rights under this Agreement.
“Mortgagee” means the holder of any Mortgage, and any successor, assignee or transferee of any such Mortgage holder.
“Municipal Code” means and refers to the City of Concord’s Municipal Code, as amended from time to time.
“New City Laws” means any ordinances, resolutions, orders, rules, official policies, standards, specifications, requirements of licenses or permits, guidelines or other regulations, which are promulgated or adopted by the City (including any City agency, body, department, officer or employee) or its electorate (through their power of initiative or otherwise) after the Effective Date.
“Notice of Default” is defined in Section 11.A.
“On-Site” means located at the Property; with regard to employment, “On-Site” describes employees that regularly perform at least ten hours of work per week at the Property. “Permitted Delay” is defined in Section 12.F.

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“Parties” means the City and the Developer.
“Party” means either the City or the Developer.
“Planning Division” means the Planning Division of the City’s Community and Economic Development Department.
“Processing Fees” is defined in Section 4.B.
“Project Approval(s)” is defined in Section 3.A.
“Project” is defined in Recital J.
“Property” is defined in Recital I.
“RFP” is defined in Recital G.
“Second Extension Term” is term of years described in Section 2.B.3. “State License” is defined in Cannabis Ordinance Section 5.80.020. “Suitable Financial Qualifications and Experience” means that the proposed assignee or transferee has a financial net worth, according to a current financial statement prepared by a certified public accountant, which is reasonably acceptable to City, the proposed assignee or transferee has a reputation for and experience and qualifications in operating and maintaining comparable first class Cannabis Business, and upon the proposed assignee or transferee having a first-class business reputation. In evaluating the acceptability of the net worth of a proposed assignee or transferee, City may require that the proposed assignee’s or transferee’s net worth be sufficient to carry out the performance of Developer’s obligations under this Agreement. “Term” is term of years described in Section 2.C.

SECTION 2

EFFECTIVE DATE AND TERM
A. Effective Date. The Effective Date of this Agreement is the later of (a) the date that is 30 days after the date that the Enacting Ordinance is adopted, and (b) the date this Agreement is fully executed by the Parties.

B. Term of Agreement

1. Initial Term. The Initial Term shall commence on the Effective Date and shall expire on the fifth anniversary of the Effective Date, unless earlier terminated.

2. First Extension Term (Automatic). The Initial Term shall automatically be extended until the date that is two years from the date of expiration of the Initial Term (“First

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Extension Term”), provided that at the end of the Initial Term: (a) this Agreement has not expired or otherwise been terminated; (b) Developer is not, at the time, in Default of any of its obligations hereunder following notice and expiration of applicable cure periods; (c) applicable Developer warranties and representations in Section 2.F below continue to be true and correct; (d) no event has occurred that with the passage of time or giving of notice or both would constitute a Default by Developer hereunder; and (e) Developer is operating the Cannabis Business on the Property in compliance with the Project Approvals, Applicable City Law, Generally Applicable Laws, and this Agreement. Prior to invoking failure to satisfy the conditions of (a)-(e) above as a basis to decline to extend the Initial Term, the City shall provide written notice to Developer and a reasonable opportunity to satisfy such conditions.

3. Second Extension Term (Discretionary). “Second Extension Term” means a term of five years commencing upon expiration of the First Extension Term. Developer may request that the City approve a Second Extension Term by submitting such request in writing to City as provided in Section 12.E (General Provisions, Notice) no more than more than 180 days and no fewer than 90 days prior to the expiration of the First Extension Term. The City Council shall consider Developer’s request for a Second Extension, provided that at the end of the First Extension Term: (a) this Agreement has not expired or otherwise been terminated; (b) Developer is not in Default of any of its obligations hereunder following notice and expiration of applicable cure periods; (c) applicable Developer warranties and representations in Section 2.F below continue to be true and correct; (d) no event has occurred which with the passage of time or giving of notice or both would constitute a Default by Developer hereunder; and (e) Developer is operating the Cannabis Business on the Property, in compliance with the Project Approvals, Applicable City Law, and Generally Applicable Laws, and this Agreement. Upon City Council’s approval of Developer’s request, the Initial Term, as extended by the First Extension Term, shall be extended an additional five years for the Second Extension Term.

C. Term. The Initial Term, together with the First Extension Term (if any) and the Second Extension Term (if any) constitutes the “Term” of this Agreement. In no event shall there be a First Extension Term if this Agreement has expired or been terminated on or before the fifth anniversary of the Effective Date. In no event shall there be a Second Extension Term if this Agreement has expired or been terminated on or before the date of expiration of the First Extension Term. Following the expiration or other termination of the Term or the earlier completion of development of the Project and satisfaction of all of Developer’s obligations in connection therewith, this Agreement shall be deemed terminated and of no further force and effect, except for the provisions of this Agreement that survive expiration or other termination of this Agreement.

D. Memorandum of Extension. If the First Extension Term or the Second Extension Term is granted, City and Developer agree to execute, acknowledge and record in the Official Records of Contra Costa County a memorandum evidencing approval of such extension.

E. City Representations and Warranties. City represents and warrants to Developer that, as of the Effective Date:

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1. City is a municipal corporation, and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.

2. The execution and delivery of this Agreement and the performance of the obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained.

3. This Agreement is a valid obligation of City and is enforceable in accordance with its terms.

4. During the Term, City shall, upon learning of any fact or condition which would cause of any of the warranties and representations in this Section 2.E not to be true, promptly give written notice of such fact or condition to Developer.

F. Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:

1. Developer is duly organized and validly existing under the laws of the State of California, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.

2. The execution and delivery of this Agreement and the necessary performance of the obligations of Developer hereunder have been duly authorized by all necessary corporate action and all necessary approvals have been obtained.

3. This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.

4. Developer has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets; or (e) admitted in writing its inability to pay its debts as they come due.

5. During the Term, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.F not to be true, promptly give written notice of such fact or condition to City.

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SECTION 3

DEVELOPMENT OF THE PROPERTY
A. Project Approvals. Certain land use approvals, entitlements, and permits will be necessary for development and implementation of the Project and operation of the Cannabis Business (each a “Project Approval” and collectively the “Project Approvals”). The Project Approvals shall include a Developer Cannabis License; a City business license; and land use permits and entitlements, such as an administrative permit, design and site review, and tree removal permits, any amendments to, or repealing of, any of the foregoing [PL21109]. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon the development and construction of the Project, or operation of the Cannabis Business, that are inconsistent with the terms and conditions of this Agreement.

B. Vested Rights. The Property, the Cannabis Business, and Developer Cannabis License are hereby made subject to the provisions of this Agreement. Developer shall have the vested right to develop the Property and operate the Cannabis Business in accordance with and subject to Applicable City Law, the Project Approvals, and this Agreement. The term of the Developer Cannabis License shall be concurrent with the Term as set forth in Section 2, above, so long as Developer is in compliance with this Agreement, Applicable City Law, and Generally Applicable Laws, and so long the Developer Cannabis License does not expire pursuant to Cannabis Ordinance Section 5.80.060(d), License Expiration.

C. Applicable City Law. Laws, regulations, and requirements applicable to the Project and the Cannabis Business pursuant to this Section 3.C are referred to herein as “Applicable City Law.”

1. City and Developer acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Agreement are intended to reserve to City all of its police power that cannot be so limited. Notwithstanding the foregoing reservation of City, it is the intent of City and Developer that this Agreement be construed to provide Developer with certain rights afforded by law, including the Development Agreement Statute.

2. Effectiveness and application of all types of laws other than laws described in Sections 3.C.3 and 3.C.4, and imposition of fees and other charges pursuant to Section 4 (Fees, Exactions, Reimbursements), are unaffected by this Agreement, whether adopted before or after the Effective Date. Specific requirements set forth in Project Approvals or in this Agreement regarding development of the Project and operation of the Cannabis Business shall govern when in conflict with Section 3.C.3 or 3.C.4.

3. Laws Relating to Land Use and Development.
i. Existing Land Use Laws. Those laws, rules, regulations, official policies, construction standards and specifications (including City ordinances and resolutions) governing land use, design and improvement, including permitted uses, densities and intensities of uses, maximum building heights and sizes, requirements for on- and off-site infrastructure and public improvements, including the 2030 General Plan (including the Complete Streets Text

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Concord City CouncilApril 12, 2022

Concord City Council
April 12, 2022