Concord City Council
April 11, 2023

WORKING ADMIN DRAFT - City of Concord - Section 18.152 Objective Design Standards

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Swale. A long, gently sloping, landscaped depression that collects and cleans stormwater.

Transitional Setbacks. Additional yard area established for lots abutting a single-family residential district as described in the CDC 18.150.280 Transitional requirements.

Trompe L’oeil visual illusion in art, especially as used to trick the eye into perceiving a painted detail as a three-dimensional object.

Venetian Plaster. Venetian plaster is a wall and ceiling finish consisting of plaster mixed with marble dust, applied with a spatula or trowel in thin, multiple layers, which are then burnished to create a smooth surface with the illusion of depth and texture.

Wall Plane. The plane of a building wall is a plane that extends from the ground to the top of each wall of a structure along a straight line; does not include the roof area.

The abbreviations used in Section 18.152 shall have the following titles:

LID: Low Impact Development
CDFW: California Department of Fish and Wildlife
USDFW: U.S. Department of Fish and Wildlife
CDC: Concord Development Code

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Section 18.152.020 Citywide Objective Design Standards
These overarching standards are universal to all building types and are the foundation of encouraging the highest level of design quality while allowing flexibility in the design of multi-family and mixed-use residential development. Standards within the geographic specific areas, following this section, that have differing standards, should prevail if in conflict with the Citywide Objective Design Standards in this section.

General standards for this section include site planning and orientation, treatment/ screening of parking, building massing and articulation, etc.

A. Site Plan

1. Site Planning and Orientation
a. Setbacks are specified per the CDC in Sections 18.30.030, 18.30.040, 18.35.030, 18.40.030 and 18.45.030. Downtown standards should prevail, if any conflicts are found with respect to setbacks in CDC Section 18.45.030, Table: 18.45.030. b. A building adjacent to a street shall be oriented parallel to the street frontage for at least 50 percent of the building facade and have the front entry and any associated features oriented to the primary street and be setback pursuant to the CDC for the appropriate zoning district [GRAPHIC: Building Orientation and Frontage].
c. Using a 45-degree daylight plane, buildings located along streets shall indicate on the plans, the shadow cast relative to the far curb of adjacent street to the east and north on the Winter Solstice (December 21) and demonstrate that sidewalks, public open space, recreation areas, plazas and courtyards receive direct sunlight at the following times: [GRAPHIC: Daylight plane]
i. Public realm to the east of the parcel at 1:30 p.m.
ii. Public realm to the north of the parcel at 10:00 a.m. or 4:00 p.m. d. Applicants shall demonstrate potential energy generation and/or passive use of sunlight while at the same time buildings shall be designed to avoid shading existing south-facing solar access for adjacent uses.
e. Projections of steps, stoops, porches, patios, and terraces into the required building setback zone are specified pursuant to CDC Section 18.150.140.
f. Shared common entries for larger residential buildings shall be through an entry lobby or courtyard facing the primary street.
g. Direct pedestrian access shall be provided to connect the public sidewalk and the primary building entry. In the case of multiple individual ground floor residential entries, direct pedestrian access shall be provided for each building entry. For mixed use projects,

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commercial uses on corner properties shall include direct pedestrian access only from the front, or corner side property line.
h. Common open spaces shall be accessible from all buildings and connected by a site-wide pedestrian circulation system.
i. Open space/Unit is specified per the CDC Table: 18.45.030 and CDC 18.150.100 Open space and recreational facilities for residential developments. j. Windows shall not be directly aligned with one another onsite, if located opposite each other within a courtyard and less than 40 feet away.

2. Parking
a. If surface parking is unavoidable due to seismic or geologic (including hydrogeologic) reasons, parking shall be located at the rear of the building and accessed from the rear of the property. b. Pedestrian access to a parking garage shall be located on a primary street. c. Secure bicycle parking for residential and mixed-use projects shall be provided, consistent with CDC Sections 18.160.120(A)2 and 18.160.120(B)2 of short-term and long-term bicycle parking, respectively.
d. Surface parking lots over 25,000 square feet are prohibited to ensure parking design uses smaller scattered lots rather than one large lot. Allow for up to fifty (50) percent of parking in a single location.
e. Guest parking, if required, shall be included within the parking area provided for residents and be adjacent to the building entry and labeled as guest parking. f. Screening that is a minimum of thirty (30) inches tall shall be provided for parking that is adjacent to required front or exterior side setback areas using one of the following approaches:
i. Berms
ii. Solid wall
iii. Solid fencing
iv. Shrub materials (Boxwood hedge or similar dense shrub) v. Trellis with landscape material
g. Grade level parking spaces located under residential buildings shall not be visible from the public right-of-way and shall be eighty (80) percent screened with building walls, landscaped berms, shrubs, etc., with screened openings to allow for air flow. h. On structured parking, reflective colors and finishes are prohibited.

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B. Architectural/Building Design

1. Massing and Articulation
a. Building masses which are necessarily large shall mitigate the large proportions using a minimum of one of the following approaches:
i. canopies
ii. trellises
iii. balconies
iv. bay windows and other similar building elements
v. change in wall plane depth
b. Balconies shall have a minimum depth of forty-eight (48) inches. c. Bay windows and other similar building elements shall project at least twelve (24) inches but no more than thirty-six (36) inches.
d. Buildings abutting a residential district shall conform to the transitional requirements in CDC Section 18.150.180.

2. Roof Treatments
a. Roof-mounted mechanical units, such as HVAC,shall be integrated into the design or screened from the primary street using a minimum of one of the following approaches:
i. increased slope
ii. use of a parapet
iii. screening using a material selected from the building palette b. Photovoltaic panels, if used, shall be integrated into the design using a minimum of one of the following approaches:
i. similar slope to the primary roof form
ii. similar material shape, such as solar tiles for roof or walls iii. screening so that angle for production can be optimized and not impact views
iv. a low level of contrast in color up to 10%
c. Roof profiles (for high slope roofs the eave and low slope roofs the top) shall be vertically articulated along any street frontage using at least one type of the following architectural elements, and/or elements that are integral to the selected architectural style:
i. articulated saddles
ii. gables
iii. hip and valleys
iv. dormers
v. shed

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vi. eave overhang of a minimum of eighteen (18) inches with exposed rafters d. Roof profiles shall provide a minimum of an eight (8) foot change in roof height after a maximum of 60 feet in length.
e. Roof styles (e.g. contemporary) that include lower-sloped roofs (such as 2:12) or below with deeper overhangs of between two (2) and three (3) feet can be used. f. Flat roofs shall include a minimum of one (1) of the following details:
i. Raking cornice
ii. Parapet
g. Gutters, downspouts and other means to collect rainwater from roof runoff, such as rain barrels, cisterns, or pipes, shall be integrated into roofing design using a minimum of two (2) of the following three approaches:
i. Same colors
ii. Same material
iii. Same style
h. For buildings over forty (40) feet tall, downspouts shall be incorporated into the interior design of the wall.
i. Mechanical equipment shall not be visible when measured at six (6) feet above the grade of the horizontal surface of the sidewalk on the opposite side of adjacent streets. j. Mechanical equipment shall be located a minimum of fifteen (15) feet from occupiable rooftop areas and screened from view (per screening requirements in CDC Section

18.165.060(D)1).

3. Windows and Doors
a. To enhance privacy, windows shall not be directly aligned with one another onsite, if located opposite each other within a courtyard and less than forty (40) feet away. Exceptions are allowed where the windows are opaque, clerestory, or otherwise treated to obscure views. b. Weather protection shall be provided at individual residential unit entries and primary entrances to commercial uses, in the form of a projection, such as overhangs, canopies, awnings, or porch roofs.

4. Materials
a. The following table describes which materials are permitted or not allowed for exterior façades and fencing:

TABLE 1: Building Wall Massing and Articulation Dimensions Table

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Material Notes Type
Wood, layer Siding, engineered P
Wood, finish Finished layer P
Wood, laminated* Mass Timber P
Fiber-reinforced cement Siding and panels P
Stone Masonry P
Brick Masonry P
Cast Stone Masonry P
Stucco Finished layer P
EIFS Exterior Insulation Finishing System P
Clay tiles Finished layer P
Metal Residential with a commercial first floor only A
Canvas Awnings only A
Glass Transparent, spandrel ground-floor only A
Concrete, finished* CO2e capture A
Wood fencing Cedar, Redwood, Teak A
Metal fencing Wrought iron, Tubular steel A
Masonry fencing Brick, Stone, Stucco A
Vinyl siding N
Plywood, T1-11 N
*Green building material
Key
P: Primary
A: Accent Only
N: Not allowed
b. Sustainable building materials shall be used in the building for a minimum of fifty (50) percent of the exterior. Materials that are considered sustainable will have a minimum of one of the following properties:
i. Certified as Zero or low Volatile Organic Compounds (VOS's) per CalGreen (cite other local green building guidance or resources: Resources for developers/designers: Whole Building Design Guide: https://www.wbdg.org/; BuildingGreen Product Database: https://www.buildinggreen.com/product-guidance) ii. Qualify as rapidly renewable in that they can be harvested within 10 years iii. Show to be salvaged from the existing site, unless unsafe for human contact
iv. Produced within the region of Concord or greater Northern California Area v. Include a recycled content of 80% or above

5. Colors
a. An earth-tone color palette shall be required for all structures (see definitions, e.g. RGB code of 964B00).

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b. On all building facades, buildings shall utilize a minimum of two (2) colors, exclusive of trim.

On any building façade greater than one-hundred (100) feet, buildings shall utilize a minimum of 4 colors. Changes in color due to a change in building material are not considered an additional color.

C. Landscape Design

1. Landscaping
a. If any landscaping is proposed to remain, an inventory of existing plant materials, including any Protected trees, as defined in CDC Section 18.310.010, shall be completed by a qualified arborist, and include all of the following:
i. Type of plants
ii. General conditions
iii. Measures needed for plant health and value
b. Planting plans for a yard or setback area shall indicate the required visibility triangles as specified in the CDC Section 18.150.170.
c. All required setbacks, open space areas, easements, and designated planting areas shall be landscaped with shrubs, groundcover, and trees.
d. The landscape design for all required landscape areas, consistent with Section 18.165.040(A) shall use low maintenance landscape materials.
i. No dead space shall be created in which litter can accumulate or which will be a safety hazard.
ii. Drought tolerant plants shall be used, consistent with CDC Section

18.165.070(C)7 and CDC Chapter 18.170.
e. Trees shall be planted in all surface parking areas at a minimum rate of one tree fifty (50) feet apart for each 5 full or 6 compact parking spaces.
f. Trees shall be planted in parking areas so that 50 percent shading of parking lot pavement is achieved within 10 years, consistent with CDC Section 18.165.060(E). At a minimum, one 24- inch box shade tree shall be provided for every five parking spaces. g. When shrub plantings are used as screening, they should be provided at a minimum height of 3 feet that block headlight glare to seventy (70) percent light transmission shall be planted at the head of parking stalls.
h. The two-foot overhang of a parking space shall be covered with a groundcover or low-growing material.

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i. Design of the landscape shall be consistent with hydrazones based on nighttime water usage, consistent with CDC Chapter 18.170.
j. Shrubs, groundcover, and trees planted next to pavement shall include a low flow drip or bubbler system.
k. Drought-tolerant plants with the following characteristics shall be used. i. Windbreak
ii. Accent
iii. Erosion control
iv. Flowering
l. Landscape that retains water on site shall be included. Project shall include two (2) of the following elements:
i. A bioswale, vegetated stormwater facilities, or other infiltration planters ii. Vegetated planters
iii. Shrubs and trees
m. Perennials shall be planted in long narrow rows.

2. Street Trees
a. Street trees are required for every development and shall be planted at a maximum 30 feet on-center. The minimum tree size is a 24-gallon tree. Street trees in the vicinity of the project site shall be considered when planting new street trees. b. Street trees shall be planted at a minimum of 2 feet from the face of curb or where a planter strip is wider than 4 feet along the center line of that strip.

3. Grading and Drainage
a. Projects shall limit modifications to natural grades and retain established off-site grades, consistent with CDC Grading Ordinance Chapter 16.10.
b. The maximum grade for a turfed slope is 15%, consistent with CDC Section 18.165.070(C)2. c. The grading plan shall use three (3) of the five following approaches:
i. Berms
ii. Terraces
iii. Mounds, to provide increased screening
iv. Visual accent
v. Topographic relief

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d. Positive drainage away from all planting areas shall be provided and indicated on grading plans. To protect existing landscape material, underground drainage facilities may be required and shall require an engineering check in and included on the landscape plans. e. Low impact development site design approaches shall be used, including two (2) of the following five (5) approaches:
i. Undertake tree preservation/planting
ii. Introduce treatment areas
iii. Include retaining areas
iv. Use permeable surfaces, reducing the size of impervious areas f. Pool areas shall incorporate twenty (20) percent minimum of shaded areas relative to the combined size of the pool and deck area.

4. Plant and Non-plant Materials
a. California native plants shall be incorporated into the overall design of the landscape, consistent with the provisions in CDC Chapter 18.170. The following plants shall be acceptable:
i. Blue sage [Salvia guaranitica]
ii. Blue wildryes [Elymus glaucus]
iii. Bearberry [Arctostaphylos uva-ursi]
iv. Carmel creeper [Ceanothus griseus horizontalis]
v. Climbing penstemon [Keckiella cordifolia]
vi. June grass [Koeleria macrantha]
vii. California fescue [Festuca californica]
viii. Bush anemone [Carpenteria californica]
b. Compost shall be incorporated into the soil, consistent with Section 18.165.070(E)2. c. All planting beds shall be mulched with an appropriate organic material to help retard the growth of weeds and maintain the moisture content of soil. Layers of mulch shall be two (2) to four (4) inches thick on the soil surface.
d. Root bound plants or plants which show the effects of insect or disease infestation are prohibited.
e. Curbs shall be used to separate all planters from paved walks, streets, parking and loading areas.

5. Water Conservation
a. Greywater shall be planned for a portion of outdoor watering. When recycled water is anticipated to be available from buildings 50,000 square feet and larger, connectivity to a municipal ‘purple pipe’ system shall be provided.

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b. Root drip irrigation emitters at the edge of the root ball shall be used for new plants. c. Apply water directly to the root zone, particularly for shrubs and trees, by using low-flow bubbler or drip systems.
d. Add a pressure regulator, pressure regulating sprinkler heads or pressure-compensating nozzles to irrigation system sprinkler heads.

D. Detailing

1. Public Art
a. Blank Walls over 1,200 square feet with a minimum dimension of thirty (30) feet in any direction shall be treated with a minimum of one mural or the following decorative treatment:
i. Wall painting or mural
ii. Patterned stencil
iii. Metal art element
iv. Venetian Plaster
v. Trompe L’oeil

2. Loading, Service and Refuse Areas
a. Loading and service areas shall not be visible from a public right-of-way and shall be located behind the building. For residential units with individual ground floor entries, trash enclosures shall be located in a side or rear yard or internal to the project, not visible from the public right-of-way.
b. If lot constraints (depth, size, and configuration) prevent provision of the required loading and service behind the building (or in the case of residential units, in the side yard) loading service shall be screened from view (per screening requirements in CDC Section

18.165.060(D)1).
c. Access to loading and service areas shall be incorporated into the circulation plan for the site and shall be separated from pedestrian, bicycle, and automobile circulation. d. In all areas other than the downtown, trash enclosures shall be located a minimum of twenty (20) feet away from an abutting single family residential district or any public right-of-way or access easement, consistent with CDC Section 18.150.150. e. Trash enclosures are prohibited in any front yard, street side yard, parking space, required landscaped area, or open space areas.
f. Trash enclosures shall be designed to utilize the same materials and colors as the buildings they serve, and designed, consistent with CDC Section 18.150.150.

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g. Trash enclosures shall be designed and constructed to accommodate the collection of recyclable materials to the extent required by the responsible collection contractor. h. Trash enclosure areas shall be buffered from adjacent parking with a minimum five (5) footwide landscape strip. i. Development of some sites will require the installation of a bus stop. The location of these areas along the site frontage shall be coordinated with the City’s Transportation and Engineering Divisions and County Connection.
j. Pedestrian access to a new or existing bus stop shall be incorporated into the pedestrian circulation plan for the site.

3. Utility and Mechanical Equipment
a. All utility and mechanical equipment, including roof-top mounted equipment, shall be screened from the public right-of-way as set forth in previous section. See CDC Section

18.150.180.
b. Utility and mechanical equipment shall not be located within any required active open space area.
c. Ground-mounted mechanical, electrical, and utility equipment shall be placed in subsurface vaults or screened by a framed welded wire or louvered trellis system, depending on location within setbacks, consistent with CDC Section 18.150.080(C)3. [GRAPHIC:
mechanical equipment screening photo example]

4. Lighting
a. Lighting shall be designed to provide efficient, safe access and attractive outdoor lighting, while preventing direct glare and light trespass, consistent with CDC Section 18.150.110. b. All exterior lighting shall be focused downwards.
c. Roof-mounted lights are prohibited.
d. Sconce exterior fixtures shall be the same style (e.g. Colonial, Spanish Revival, Arts & Crafts [Craftsman], Ranch) the building’s exterior design and located at front and rear doorways. e. At least one Illuminated address marker shall be included on a unit. f. Maximum height of pole-mounted fixtures shall not exceed 16 feet, when adjacent to residential development.
g. Light fixture shall be suitable for one of the following uses:
i. Bollard lights along pedestrian walks

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ii. Pole-mounted lights for parking areas
iii. Internally illuminated or up lighting for ground signs iv. Building mounted or spotlights for accents, with full cut-off feature, consistent with Section 18.150.110.
h. Exposed lamps or tubes visible from any public right-of-way are prohibited. i. Lighting within parking garages shall avoid external views of exposed fluorescent light tubes.

5. Emergency Access and Addresses
a. Where possible, double access routes for emergency vehicles shall be provided using parking aisles and access drives. Where this is not possible, alternative paving materials which permit growth of ground cover, such as concrete permeable pavers, shall be incorporated as part of the site plan.
b. Addresses shall be posted in a location that is visible from the public street and within a maximum of fifty (50) feet from the primary building entry or alternatively twenty (20) feet from the individual unit entry. Numbering and lettering shall be a minimum of two (2) inches and have a seventy (70) percent contrast with the background color. c. Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents or at individual units.

6. Signage
a. Raceways on wall mounted signs shall be prohibited.
b. Cabinet signs shall be prohibited.

7. Fencing
a. Fencing requirements are specified pursuant to CDC 18.150.040. b. Exterior fences are required and shall be a minimum of 6-feet in height with a wood, good neighbor fence along the exterior property lines. A 7-foot-tall fence may be constructed with the top 1-foot panel including a lattice panel style design. c. The following materials are prohibited fencing materials:
i. Plastic or vinyl fencing
ii. Chain link fencing

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18.152.030 Downtown Standards
The heart of the City’s downtown is the Todos Santos Plaza which is located within walking distance of the Concord BART station, cultural amenities, shopping and dining opportunities. The Objective Design Standards strengthen this understanding and draw from a comprehensive vision initiated over many decades. Most recently that continuing vision was confirmed through the Downtown Specific Plan (2014) and more specifically described through the Todos Santos Design Guidelines (2017) which were amended in 2019 and 2020 when they became the Downtown Concord Design Guidelines.

Standards for this section focus on the urban core of the downtown area (Figure X: Map). The Downtown section is largely guided by the Downtown Concord Design Guidelines document2 , which promotes
specific architectural styles (Spanish Colonial Revival and Mediterranean Revival) in the “Inner Core” area of the downtown whereas the “Outer Core,” is intended to be more reflective of the Spanish and Mediterranean styles, while still maintaining high quality architecture. Design topics for the Downtown section focus on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, materials, colors, landscape design and details. [The downtown section will address multi-family and mixed-use development in the DP and DMX zones that allow for building up to 70 and 200 feet in height respectively.] A. Site Plan

1. Site Planning and Orientation
a. If a building has residential entrances at the ground floor on a street, buildings shall be setback a minimum of ten (10) feet from the property line. [GRAPHIC: Residential Setback] b. If a building has retail space at the ground floor on a primary street, the building shall be setback a minimum of two (2) feet and a maximum of five (5) feet from the property line (depending upon location in downtown, Zoning Code requires zero or ten foot minimum; 5- foot maximum as noted in current downtown design guidelines could conflict with 10-foot minimum per Development Code). [GRAPHIC: Commercial Setback] c. Steps, stoops, porches, patios, portico, and terraces shall be allowed in the building setback area per the Development Code, with limitations, based on Table 18.150.140. d. Residential entries for ground floor units shall be provided resulting in multiple entries at street level. These may be in addition to a common entry location. e. Buildings that are not adjacent to a street shall have units with front entries that are oriented to interior common areas, such as paseos, courtyards, and usable open space areas, consistent with Development Code Section 18.150.100(G). 2 The Downtown Design guidelines were approved in February 2017 and amended in October 2019 and August 2020.

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f. Buildings with residential units at ground level shall have their ground floor at grade with the street level.
g. Direct pedestrian access shall be provided to connect the public sidewalk and either rear parking areas and/or secondary retail entries through a mid-block courtyard space or paseo. [GRAPHIC: Pedestrian Access]

2. Parking
a. Parking shall be located either in an underground parking structure or an above ground /podium parking structure, with a garage entrances located in alleys or secondary streets (i.e. wrap around parking garage.) Active uses and storefronts are located along primary street frontages, between above group parking structures and the pedestrian walkway. b. Parking located fronting onto a pedestrian route to the BART station is prohibited. c. Driveways for parking entries shall be consolidated for both multi-unit residential and mixeduse developments. In shared ramp conditions, secure access for residential parking shall be provided via a parking and traffic control barrier arm with key card for separation from commercial uses.
d. Bicycle parking, consisting of racks that support the cycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock, shall be located on a permanent paved surface within 150 feet of the entrance of the residential building, be covered by a permanent solid-roofed weather protection structure and incorporated within surveillance camera coverage area of the building.
e. Long-term bicycle parking facilities, consisting of bicycle lockers or bicycle rooms with key access for use by residents, shall be provided and located on the ground floor.

B. Architectural and Building Design

1. Massing and Articulation
a. After two hundred (200) feet of continuous building volume, a mid-block courtyard space shall be introduced to relieve the building mass and add variation. b. Intrusion into the step-back plane up to the maximum allowed height is allowed for up to twenty-five (25) percent of the building massing.
c. All building walls shall be broken up using a change in the wall plane. A break in the wall plane, created by a change in depth, shall be required at a minimum of every thirty (30) feet horizontally along building walls. [GRAPHIC: Break in Wall Plane] d. The massing of building walls shall be broken up using a minimum of three design strategies, once for each part of the building (base, middle top):

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i. Balconies
ii. Above the second floor, changes in wall plane of a minimum of twenty-four (24) inches (either inset or protruding) from the ground floor wall plane iii. Window openings and entrances that are recessed or projecting a minimum of six (6) inches
iv. Wall trims, projections, and reveals along different levels of wall surfaces a minimum of four (4) inches
v. Use of at least two of each distinct materials and colors along wall surfaces vi. Vertical pilasters that reflect internal building structure and/or are integral to the selected architectural style [FIG 4. Building Wall Variety] Fig. 4: Building Wall Variety (Use general - Don’t Use Concord specific projects) e. Cornices, bases, and tops of columns, arches and other similar building details shall project at least two (2) inches on the first floor and a minimum of six (6) inches on upper floors, or as suggested per the architectural style.

TABLE 2: Building Wall Massing and Articulation Dimensions Table Applied Standard Dimension
(Inches)
Minimum depth of Balconies 48
Minimum and Maximum depth of Bay Windows 24 to 36
Minimum depth of changes in wall plane, above 2nd floor 24 Minimum and maximum depth of Building Detail (cornice, column base) 2 to 6 Minimum depth of Window openings 6

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Minimum depth of Wall trim 4
Minimum number of Materials 2 in number

2. Architectural Style
a. For the purpose of defining architectural styles as set forth in this Section, the reference guide shall be the most currently published version of A Field Guide to American Houses: the definitive guide to identifying and understanding America’s domestic architecture by Virginia Savage McAlester. The City’s Downtown Concord Design Guidelines identify two primary styles and two secondary styles (see below) for use in the Downtown area. b. The Spanish Colonial Revival Style and the Mediterranean Revival Style shall be used in the Inner Core area, as shown in Figure X, consistent with Inner Core Design Typology. [FIG 5, 6, 7, 8: Primary Style].

Fig. 5: Spanish Colonial Revival Fig 6: Spanish Colonial Revival (Placeholder Images: Concord Downtown Design Guidelines) Fig. 7: Mediterranean Revival Fig 8: Mediterranean Revival (Placeholder Images: Concord Downtown Design Guidelines) c. Spanish Colonial Revival architectural styles shall include a minimum of four of the six following elements:
i. Stucco or plaster walls
ii. Low-sloped roofs below, and including, 3:12
iii. Limited number of window or faux window openings

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iv. Deep recessed openings a minimum of twelve (12) inches v. Outdoors terraces
vi. Vernacular Spanish Colonial decorative ironwork
d. Mediterranean Revival l architectural styles shall include a minimum of four of the six elements below, as outlined in the Inner Core Design Typology:
i. Stucco or plaster walls
ii. Terracotta tile hipped roofs
iii. Curvilinear gables
iv. Arched or straight windows with ironwork
v. Ornate low relief carvings, arches, and columns
vi. Vernacular Mediterranean chimneys and vents
e. Arts and Crafts (Craftsman) is a secondary architectural style in the Inner and Outer core, and can be used, which shall include a minimum of three of the five elements below [FIG 7 & 8:

Secondary Style].
i. Use of stucco or wood cladding
ii. Low pitched roof of no more than 1:12
iii. Wide eave overhang of a minimum of 12 inches
iv. Symmetrical and asymmetrical façade elements
v. Inclusion of exposed structural member and wood joinery Fig. 9: Arts and Crafts (Craftsman) Fig 10: Italianate
(Placeholder Images: A Field Guide to American Houses)
f. Italianate is a secondary architectural style, and can be used in the Inner and Outer core which shall include a minimum of three of these six elements below (confirm p. 37 & 3 i. Use of stone, stucco or brick cladding
ii. Hipped roof
iii. Overhanging eaves of a minimum of 6 inches
iv. Prominent entry with a minimum depth of 24 inches
v. Full-length French doors and Palladian archways
vi. Recessed upper or lower porches

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3. Roof Treatments
a. A minimum of two (2) roof forms and designs along a street block shall be used to create visual interest at the top of multiple adjacent buildings. b. Rooftop gardens or common open space shall occupy a minimum of twenty-five (25) percent of the usable rooftop area for residential housing projects. c. Green roofs (both extensive and intensive) shall be incorporated for all rooftops for market rate residential housing projects of at least 100 units.

4. Mixed Use Buildings with Ground-Floor Retail/Commercial Use a. Ground-floor commercial spaces shall appear taller than a typical residential floor and be at least sixteen (16) feet in height.
b. The ground floor shall be expressed through use of a different, low maintenance material of the following type:
i. Stone
ii. Cast Stone
iii. Brick
c. On the first floor of a mixed-use building, ground-floor entrances for commercial uses shall be designed to be level with the elevation of the adjacent public sidewalk or be American with Disabilities Act (ADA) compliant. When an ADA ramp is used, it should be a primary integral element.
d. Multiple retail tenants on the ground floor should each have an entry facing the primary street so that multiple entries at the ground floor face onto the primary street. e. Where a commercial tenant occupies a space over 20,000 gross square feet, additional articulation at the ground floor shall occur at a minimum of every 50 feet using at least two of the following approaches:
i. Changes in wall plane of a minimum of twenty-four (24) inches (either inset or protruding)
ii. Window openings that are recessed or protruding a minimum of 6 inches iii. Wall trims, projections, and reveals along different levels of wall surfaces minimum of four (4) inches
iv. Use of at least two of each distinct materials and colors along wall surfaces f. Ground-floor commercial uses shall be visually distinct from the rest of the building façade, using a minimum of two of the following approaches:
i. change in materials, such as stone to stucco
ii. contrast in color with a minimum of forty (40%) percent difference iii. canopies and awnings

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g. Building walls that face a street shall include human scaled detailing through the use of at least two of the following approaches:
i. reveals, for example an edge or space where a plane changes ii. belt courses, for example a change in orientation in masonry iii. cornices
iv. expression of structural or architectural bays
v. recessed windows or doors
vi. material or materials module changes
vii. color and/or texture differences
viii. mullions of a minimum of four (4) inches
ix. porticos
h. To minimize solar heat gain on west or southwest facing building facade, projects will use a minimum of one shading approach:
i. arcades
ii. trellises
iii. awnings, fixed or movable
iv. projection, such as a cantilever
i. A wide band above the first floor of at least four (4) feet in height shall be integrated into the front wall of the commercial space.
j. The street level shall include signage using a minimum of two sign types:
i. Edge signage
ii. Awning signage
iii. Blade signage
iv. Wall signage
v. Window signage
vi. Window display

5. Windows and Doors
a. Projections over entries shall be the same materials and colors as the building’s architectural design.
b. Window detail shall include at least two (2) of the following overall approaches:

INNER CORE WINDOWS
i. Recess of a minimum depth of twelve (12) inches to contrast with wall surface ii. Use grided ironwork [GRAPHIC: Gridded Ironwork Photo example] iii. Use frame of a minimum depth of two (2) inches around windows or lintel

OUTER CORE WINDOWS
i. On upper floors, recess of a maximum depth of six (6) inches

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ii. On upper floors, use large spans of window wall a minimum forty (40) percent of the wall area
iii. Use of frameless or minimally framed windows
TABLE 3: Windows and Doors Dimensional Table
Applied Standard Inner Core
(inches)
Outer Core
(inches)
Minimum Depth of Recessed Windows 12 n/a
Inclusion of Gridded ironwork required n/a
Minimum Depth of Frame 2 n/a
Maximum Depth of Recessed Windows, upper floor n/a 6
Percent of Large spans of glass, upper floor n/a 40%
Inclusion of Frameless (minimal framing) n/a required

6. Materials
a. Material transitions shall be covered. Along any façade materials transitions shall only occur on the inside corner of plane change or, when material changes need to happen in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition. [GRAPHIC: Façade Material Transitions] b. For buildings taller than two (2) stories, the use of stucco shall be a maximum of sixty (60) percent of any façade that faces a street or open space. c. For buildings taller than three (3) stories, a new material, texture, or color shall be introduced a maximum of every twenty (20) feet of façade length. [GRAPHIC: New Material Texture] d. A minimum of two (2) materials, texture, or color shall be used for the full height of the building facade. [GRAPHIC: Material Texture Full Height] e. At least two materials shall be used on any building facade, in addition to glazing and railings.

Any one material must comprise at least twenty (20) percent of any building facade, excluding windows and railings.
f. Buildings with false facades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

7. Color
a. On all building facades, buildings shall utilize a minimum of two (2) colors, exclusive of trim.

On any building façade greater than one hundred (100) feet, buildings shall utilize a minimum of 4 colors. Changes in color due to a change in building material are not considered an additional color.
b. The number of colors appearing on the entire building exterior shall be a minimum of four (4) colors (and no more than two (2) tones of the same color).

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c. Greater than 80% of any individual façade of glass and highly reflective materials is prohibited except on the ground-floor for commercial spaces.
d. The use of fluorescent or neon colors is prohibited.

C. Landscape Design

1. Landscape Enhancements
a. Landscaping shall be required for all qualifying projects. b. Incorporate at least two of the following methods to include landscaping:
i. Potted plants in commercial grade pots
ii. Hanging baskets under a roof overhang
iii. Landscaped public space
iv. Green walls
v. Planter boxes as a streetscape element in the private parcel vi. Bio treatment measure, such as a swale
c. Pavers and concrete alternatives shall be required for a minimum of ten (10) percent of the hard surface of the project.

2. Urban Landscape Improvements
REF: CDC Chapter 18.165 Landscaping
REF: CDC Chapter 18.170 Water Efficient Landscaping
REF: Chapter 5 Downtown Concord Specific Plan for Downtown Street Typologies and Public Improvements, including landscaping [plant/pervious materials] – public realm a. To create continuous landscaped areas, landscaping on private lots or within the public realm shall be required using a minimum of two (2) of the following:
i. plants along the back of the sidewalk
ii. street trees with a two (2) inch caliper
iii. landscape buffer along the street curb
b. The minimum soil volume shall be provided for street trees according to the following table:

TABLE 4: Windows and Doors Dimensional Table
Tree Size Amount (Ft3)
Small 300
Medium 600
Large 1000

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c. Where street bulb-outs are needed, they shall include landscaping (alt: potentially site City of Concord Public Works Department or other transportation, public realm, landscaping requirements).
d. Where public realm improvements are required, include a mix of pervious and impervious materials, using a minimum of one (1) of the following pervious materials:
i. Pavers
ii. Stones
iii. Decomposed Granite
iv. Pervious concrete
e. Pavers used shall be manufactured or quarried regionally up to a maximum of 500 miles from the project site.

D. Detailing

1. Architectural and Building Enhancements
a. Entry pathways to primary entrances of more than one unit shall be treated with a minimum of one of the following approaches:
i. Arched ironwork at entry
ii. Landscape vertical elements
iii. Decorative pavers
iv. Decorative lighting
b. Functional elements shall include design motifs present in the building design including the following:
i. Railings
ii. Access gates
iii. Doors to utility rooms
iv. Fire escape doors
v. Parking garage doors and/or window openings
vi. Tuck under garage entrances
vii. Mechanical and electrical rooms

2. Service and Refuse Areas
a. Loading areas for the commercial components of mixed-use development shall be located in alleys or on secondary streets, if applicable.
b. Trash enclosures shall also be located in alleys and secondary streets, and in any front yard, street side yard, parking space, required landscaped area, or open space areas for multi-unit residential buildings.

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c. Trash enclosures shall be located a minimum of fifteen (15) feet away from an abutting single family residential district or any public right-of-way or access easement, consistent with CDC Section 18.150.150.

3. Addresses and Mailboxes
a. In mixed-use developments, separate mailbox and package delivery/pick-up areas shall be provided for the residential and commercial components of a project.

4. Utility and Mechanical Equipment
a. Ground-mounted mechanical, electrical, and utility equipment shall be placed in subsurface vaults or screened by a welded wire trellis system, depending on location within setbacks, consistent with CDC Section 18.150.080C)3.

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18.152.040 Corridor Standards
Corridor standards focus on qualifying multifamily housing and mixed-use projects, generally medium to high density, situated along the arterial streets and higher volume corridors within the City (i.e. Clayton Road, Willow Pass Road, Treat Boulevard, Monument Boulevard, etc.) (See Figure X – Corridors Map).

These include sites in the RM and RH zoning districts that allow for buildings up to 40 to 60 feet in height.

Additional zoning districts are also likely to receive housing along arterial streets in the CO, NC and CMX zones that allow for building up to 30 and 40 feet in height.

Those projects within the Downtown Inner and Outer Core boundary, See Figure X, would reference and abide by the Downtown standards. Subdivisions adjacent to street corridors covered within the Corridors section shall utilize the Neighborhoods section.

Design topics for these standards focus on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, colors and materials, and landscape design and details. Corridor areas will also include those commercial sites, which due to the passage of new State laws can be developed with housing.

A. Site Plan

1. Site Planning and Orientation
a. Common driveways shall be used along major corridors for qualifying projects in RM and RH zoning districts (map above).
b. Private individual open space areas shall be directly accessible from an individual dwelling unit, consistent with CDC Section 18.150.100(C).

2. Parking
a. Surface parking oriented towards the street frontage of the property shall be prohibited, unless lot constraints (depth, size, and configuration) prevent parking at the back of the site.

In these locations, where parking is located in the front, screening shall be provided (per screening requirements in CDC Section 18.165.060(D)1).
b. Flat carport roofs are prohibited.
c. Pre-manufactured carports are prohibited.
d. Carports shall be made of wood and/or metal.
e. The exterior design of a carport shall use a minimum of three (3) of the five (5) materials required on primary building.
f. Bicycle parking, consisting of racks that support the cycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock, shall be located on a permanent paved surface within 150 feet of the entrance of the residential building, be

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covered by a permanent solid-roofed weather protection structure and incorporated within surveillance camera coverage area of the building.
g. Long-term bicycle parking facilities, consisting of bicycle lockers or bicycle rooms with key access for use by residents, shall be provided and located on the ground floor.

B. Architectural/Building Design

1. Massing and Articulation
a. After two hundred (200) feet of continuous building volume, a mid-block courtyard space shall be introduced to relieve the building mass and add variation. b. Architectural projections may encroach into the step-back plane, up to the maximum allowed height, for up to twenty-five (25) percent of the building massing. c. All building walls shall be broken up using a change in the wall plane. A break in the wall plane, created by a change in depth, shall be required at a minimum of every thirty (30) feet horizontally along a building wall.
d. The massing of building walls shall be broken up using a combination of at least four (4) of the following approaches:
vii. Balconies
viii. Above the second floor, changes in wall plane of a minimum of twenty-four (24) inches in depth (inset or protruding) from the ground floor wall plane ix. Window openings and entrances recessed or protruding a minimum of 6 inches in depth
x. Wall trims, projections, and reveals along different levels of wall surfaces, for a minimum of four (4) inches in depth
xi. Use of at least two distinct materials and two distinct colors along a wall surface
xii. Vertical pilasters that reflect internal building structure and/or are integral to the selected architectural style [GRAPHIC: Vertical Pilasters]

2. Roof Treatments
a. Roofs proposed for a location where it will be viewed by occupants of adjoining taller buildings shall be treated as a “roofscape.” The design shall include all three of the following approaches:
i. Color in the architectural design materials palette
ii. Plantings in the landscape design palette
iii. Texture that is the same as a material in the architectural design materials palette

3. Window and Door Placement

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a. Stairways and unit entries should be oriented towards streets. b. Primary entrances along streets shall include a porch with a minimum size of sixty-four (64) square feet and minimum depth of four (4) feet.

4. Materials
a. See Citywide standards above.

5. Color
a. On all building facades, buildings shall utilize a minimum of two (2) colors, exclusive of trim.

On any building façade greater than one-hundred (100) feet, buildings shall utilize a minimum of 4 colors. Changes in color due to a change in building material are not considered an additional color.

C. Landscape Design

1. Street Trees
a. Along all arterial street corridors with ground floor units, the landscape design shall include a row of trees in the front setback, in addition to the row of trees required in the planting strip between the curb and the sidewalk for a total of two (2) rows of trees, including the required street tree planting specified in the Street Tree Master Plan.

2. Grading and Drainage
a. See Citywide Standards above.

D. Detailing

1. Loading and Service
a. See Citywide Standards above.

2. Emergency Access and Visible Address
a. See Citywide Standards above.

3. Utility and Mechanical Equipment
a. Size and locations of facilities on the exterior of a building shall be determined and reflected on utility plan and located on the side of the building. b. Utility equipment shall be concealed within buildings or in underground vaults.

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c. Meters shall be located off front face of building and shall be enclosed within structures and screened with non-plant material including a framed welded wire trellis, louvered, or viewobscuring green screen or cage, where enclosure is not possible. d. Utility service lines shall be placed underground, and exposure of conduit on building exteriors is prohibited.
e. Mechanical and utility equipment shall be screened from view using material in the architectural design materials palette of the project, or other materials consistent with CMC Section 18.150.080.
f. Electrical transformers shall be designed consistent with CMC Section 18.150.080(C)3 and concealed using either of the following approaches:
iv. Placed underground
v. Screened by non-plant materials
vi. Located at least five (5) feet from the public right-of-way and screened with non-plant materials such as framed welded wire trellis, louvered, or similar view-obscuring screen and plantings
g. Such elements shall be displayed on elevations submitted for site development improvement plans for engineering and/or building permit approval.
h. Exposed vents, flashings, and electrical conduits shall be painted the same color as the adjacent surface.
i. Heating, ventilation, and air conditioning units located on exterior walls or patios of multifamily projects shall be screened from view by screen walls, decorative railings or screens, consistent with architectural design palette. [GRAPHIC: Example Photos] j. Heating, ventilation, and air conditioning units located on balconies are prohibited.

4. Lighting
a. Lamps and light fixtures under carports and/or other partially open parking areas shall be designed to prevent glare. All lamps in these areas shall have lenses to diffuse light. b. Lighting levels shall be limited to the range of 0.5-to-1.5-foot candles to provide for public safety. Within this range, areas of higher or lower levels of illumination shall be indicated on project plans.

5. Fencing
a. Fences or walls which are attached to buildings and are visible from any public right-of-way or open space shall be of a color, material, and detail within the architectural design materials

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palette of the building to which it is attached and included with the design of the landscape plan.
b. Masonry or heavy timber materials shall be used for transitional fencing required by zoning regulations, consistent with CMC Section 18.150.180(D). c. Walls or fences 70 feet or longer, including “back-up” and sound walls along major arterial streets, shall incorporate at least two of the following:
i. A minimum change in plane of two (2) feet every twenty (20) feet ii. A minimum change of one and a half (1.5) foot in height iii. A change to a compatible material or substantial change in material texture d. Fences shall include groupings of eight (8) tree and shrub plantings which are incorporated into an overall frontage planting design.

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18.152.050 Neighborhood Standards
Neighborhood standards focus on residential subdivisions with low and medium density neighborhoods, with the intent of retaining a cohesive high quality architectural design for these areas (See Figure X – Neighborhoods Map). Design topics for establishing standards in this area focus on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, colors and materials, and landscape design and details. [The neighborhood section will address multi-family and mixed-use development along neighborhood streets in the RS (RS-8, RS-10) and RL zones that allow for building up to 30 feet in height.] A. Site Plan

1. Site Planning and Orientation
a. Buildings shall be kept parallel to the street frontage. Where an irregular lot exists, a minimum of twenty (20) feet of a building that includes the front entry shall be parallel to the street frontage.
b. Corner side yard and side-yard setback areas and buildings elevations should be treated with the same design as the front-yard setback to ensure similar quality, where visible from public right of way.
c. Air conditioning units shall be excluded from private open space requirements. Air conditioning units shall not be located within six (6) feet of a front entry door or fronting along streets.
d. When abutting an open space, ridgeline, or other visual resources specified in the General Plan, views to and from public common areas shall be maintained using a minimum of two (2) approaches:
i. Place of shared outdoor space with seventy (70) percent of area with a view ii. Provide balconies with fifty (50) percent of area with a view iii. Place windows with a view of the visual resource
e. Parking shall be located to the rear of the site. Where parking can only be provided at the street, cars shall be screened. (per screening requirements in CDC Section 18.165.060(D)1) f. Primary entrances shall be identifiable through any two (2) of the following approaches:
i. projection over the doorway, such as awning, cantilevered canopy, or portico ii. change in plane around doorway, with entrance recessed a minimum of eighteen (18) inches.
iii. double doors that are a minimum of seventy-two (72) inches (36 inches per door)
iv. change in materials a minimum of ten (10) percent, such as more glass [POSSIBLE GRAPHIC: Primary Entrance Change in Material] v. landscaped pots with vertical landscape elements

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g. A preliminary grading plan shall be included in the application and shall show the following:
i. Existing grades
ii. Proposed grades
iii. Established grades on adjacent parcels on context plan iv. Spot elevations at parking areas, walks, plazas, berms, walls and finished floors
h. Where construction is not projected to be completed by September 30th, cut and fill slopes shall be hydroseeded with perennial or native grasses or wildflowers, using any stockpiles of soil or topsoil treated in a similar manner, consistent with CMC Chapter 16.10 Grading, Erosion and Sedimentation Control.
i. Building pads that are artificially exaggerated more than five (5) percent more than the ground floor floorplate are prohibited.
j. For each development site, provide separate vehicular and pedestrian circulation systems. k. If a bicycle route is adjacent to a development project, a bicycle route may be required and, if required, shall be in conformance with the City’s Bicycle, Pedestrian, and Safe Routes to Transit Plan. Pedestrian and vehicular circulation shall not cross a bicycle route, unless visibility triangles are maintained and speed bump and/or warning light provided. l. The following off-site generators of pedestrian movements shall be identified and shown to connect via a sidewalk, or other pedestrian priority way, to the pedestrian circulation system:
i. Open spaces, including paseos
ii. Schools
iii. Shopping centers
iv. Bus stops

2. Parking
a. Parking areas and building entrances shall be a maximum of three hundred (300) feet apart. b. Parking abutting an adjacent residential use shall be screened by a six (6) foot-tall solid wall or a heavy redwood fence (6x6 posts) and shall include a tree screen or tall 6-foot-tall shrub screen.
c. The design features, which also include color and materials, used for the principal structure shall also be used on carports and contain three (3) of the following key elements of the building design:
i. Roof type and characteristic pitch
ii. Wall façade symmetry or asymmetry and detail
iii. Window type, relative proportion, shape, and detail iv. Door type, relative proportion, shape, and detail
d. Wood or metal surfaces shall be finished with a protective coating.

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e. Carport roofs that are flat are prohibited.
f. Pre-manufactured carports are prohibited.
g. Carports shall be made of wood and/or metal.
h. The exterior design of a carport shall use a minimum of three (3) of the five (5) materials required on primary building.
i. Where carports face a public street or are visible to the public from the right-of-way, screening shall be required per the screening requirement and/or landforms shall be used either by depressing the carport or creating berms.

B. Architectural/Building Design

1. Massing and Articulation
a. Building complexes shall have buildings that are human scaled using one of the following approaches: [GRAPHIC: Example Massing]
i. Separated buildings
ii. Changes in the depth of the wall plane of a minimum of twenty-four (24) inches iii. Provide accentuated building entry of at least twenty (20) percent of façade b. Visual relief shall be created through details with a minimum of eighteen (18) inches depth so that they create shade and cast shadow.
c. Architectural projections from building walls that emphasize windows and doors shall project a minimum of twelve (12) inches.

GRAPHIC: Building Bulk/Relief and Rhythm (Use general - Don’t Use Concord specific projects)

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2. Roof Treatment
a. Roof lines shall be vertically articulated along the street frontage by at least two of the following architectural elements:
i. Roof profile varying in height a minimum of four (4) feet ii. Clerestory windows
iii. Roof form that varies in height a minimum of four (4) feet iv. A variety of at least two (2) roof forms
b. Roof materials and colors shall be included as part of the material and color palette to help a project fit into its context.
c. Red tile roof materials are prohibited.
d. Roofs in a location that will be viewed by occupants of a taller building shall include two of the three following approaches:
i. More than one color
ii. Planting for a minimum of 10% of the roof area
iii. More than one material textures

3. Window and Door Placement
a. The same window size, type and shape repeated for a distance more than sixty-five (65) feet shall be prohibited

4. Detailing
a. Detailed drawings showing how sheet or panelized materials will be joined, and how lines formed by control joints related to other architectural details shall be provided. b. All four walls of a building shall include building detail using one of the following approaches:
i. Window detail, such as shutter, trim, sill, mullion, lintel, etc. ii. Ornamentation, such as corbels, cornices, moldings, etc.

5. Materials
a. See Citywide standards above.

6. Color
a. On all building facades, buildings shall utilize a minimum of one (1) color, exclusive of trim.

Buildings shall utilize a minimum of 2 colors. Changes in color due to a change in building material are not considered an additional color.

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b. The walls of parking areas shall be finished in a light-absorbing, non-reflective color.

C. Landscape Design

1. Treatment of Setbacks
a. Where transitional setbacks between uses of two different sizes and scale are required, tree planting at a minimum density of one (1) tree every fifty (50) feet to provide second level screening, and shrub planting.
b. Where transitional setbacks landscaping is required for uses which abut single family residences, the landscape plan shall prevent shading of residential yards by the transitional planting.
c. The fifteen feet of any front or exterior side property line shall be landscaped to provide screening of the parking area to make an appropriate transition from the street-edge.

2. Grading and Drainage
a. See Citywide Standards above.

3. Types of Plant Materials
a. The size of planters next to carports shall be determined by the allowable carport length as specified by the Concord Landscape Ordinance and Building Code and required on the checklist for landscape plans.
b. Uninterrupted carports of more than six full-size parking spaces are prohibited. (4.546) c. Landscape planters or vine pockets of a minimum of 2 feet by 2 feet shall be provided where multi-car garages on “tuck under” parking spaces abut pavement (driveways or parking aisles).

D. Detailing

1. Loading and Service
a. See Citywide Standards above.

2. Emergency Access and Visible Address
a. See Citywide Standards above.

3. Utility and Mechanical Equipment

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a. Size and locations of facilities on the exterior of a building shall be determined and reflected on utility plan for tentative map or parcel map submittal and located on the side of the building.
b. Utility apparatus shall be concealed within buildings or in underground vaults. c. Meters shall be enclosed within structures or shall be located off front face of building and screened with non-plant material including a welded wire trellis system, or view-obscuring green screen or cage, where enclosure is not possible.
d. Utility service lines shall be underground, and exposure of conduit on building exteriors is prohibited.
e. Mechanical and utility equipment shall be screened from view using a material in the architectural design materials palette of the project, or other consistent with CMC Section

18.150.080.
f. Screening method shall be treated as an integral part of the elevations (Best Practice: set screening requirements).
g. Mechanical equipment shall not exceed the building’s parapet, unless it is screened, consistent with CMC Section 18.150.080(C)1.
h. Electrical transformer shall be designed using either of the following approaches, and consistent with CMC Section 18.150.080(C)3:
vii. Placed underground
viii. Screened by non-plant materials (Best Practice: screening requirements and list of approved non-plant material);
ix. Located at least five (5) feet from the public right-of-way and screened with non-plant materials such as welded wire trellis system or similar viewobscuring screen and plantings. i. Such elements shall be displayed on elevations submitted for site development improvement plans for engineering and/or building permit approval.
j. Exposed vents, gutters, downspouts, flashings, and electrical conduits shall be painted the same color as the adjacent surface.
k. Heating, ventilation, and air conditioning units located on exterior walls, balconies, or patios of multi-family projects shall be screened from view by screen walls, decorative railings or screens, consistent with architectural design palette. [GRAPHIC: Screening HVAC Example Photo]

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l. Roofs proposed for a location where it will be viewed by occupants of adjoining taller buildings shall be treated as a “roofscape.” The design shall include all three of the following approaches:
x. Color in the architectural design materials palette, xi. Plantings in the landscape design palette,
xii. Texture that is the same as a material in the architectural design materials palette.

4. Lighting
a. Lamps and light fixtures under carports and/or other partially open parking areas shall be designed to prevent glare. All lamps in these areas shall have lenses to diffuse light.

5. Fencing
a. Fences or walls which are attached to buildings and are visible from any public right-of-way or open space shall be of a color, material, and detail within the architectural design materials palette of the building to which it is attached and included with the design of the landscape plan.
b. Masonry or heavy timber materials shall be used for transitional fencing required by zoning regulations, consistent with CMC Section 18.150.180(D). c. Prohibited material is referenced within CMC Section 18.150.040(E) Fences and walls. d. Walls or fences 70 feet or longer, including “back-up” and sound walls along major arterial streets, shall incorporate at least two of the following:
i. A minimum change in plane of one (1) foot
xiii. A minimum change of one and a half (1.5) foot change in height xiv. Vertical pilasters every 15 to 20 feet
xv. A change to a compatible material or substantial change in material texture e. Groupings of eight (8) tree and shrub plantings, with a minimum of three trees, every 15 feet, which are incorporated into an overall frontage planting design.

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18.152.060 Special Case Standards (Infill, SB 9, Emergency Shelters) Special Case (Infill) standards would include those infill sites, primarily within single-family zoned districts, which transition to other lower density zoning districts or neighborhoods or those sites that have different zoning than adjoining parcels. Special Case (Infill) may also include other unique sites or situations, for example those parcels with a commercial zoning designation that are not located along a Corridor, that can have side or rear boundaries adjacent to other single family zoned districts. This section does not apply to ADUs. (See Figure X – Special Case (Infill) Map – BY ZONE GRAPHIC MAY OVERSTATE).

This section also addresses units that can be constructed under SB9 and emergency shelters for those experiencing homelessness. The feasibility of pursuing SB 9 projects includes, but is not limited to, the location of the existing single-family home on the lot, the size of the lot, location of easements, and lot orientation. The City’s goal is to enhance the existing character within the city as new development and property improvements occur. Important design aspects in consideration of SB 9 residential projects are reflected in the standards, due to the ability to densify certain single-family sites. Design topics for establishing standards in this area focus on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, colors and materials, and landscape design and details.

A. Site Plan

1. Neighborhood Context
a. Buildings shall minimize their bulk and include detail to reflect the neighborhood context in which they are located using two (2) of the following approaches:
i. Use the same roof pitch as used by at least ten (10) percent of the residential structures the neighborhood
ii. On building walls, use the same bay widths as those used on two (2) on adjacent buildings

2. Site Planning and Orientation
a. All lots created pursuant to this section and Government Code Section 66411.7 shall have access to, provide access to, or adjoin, a public right-of-way.

3. Parking
a. Garage and carport placement shall be no more than 40% of the front façade of the unit and articulated by at least two (2) feet setback along the façade. Garage entrance shall be set back a minimum of twenty (20) feet from the property line. The maximum garage door size shall be sixteen (16) feet wide by eight (8) feet wide or nine (9) feet by eight (8) feet for single car garages.

WORKING ADMIN DRAFT - City of Concord - Section 18.152 Objective Design Standards

04.05.2023 41 | Page
b. If garbage/recycling toters will be stored in the garage, additional space of three (3) feet by five (5) feet beyond the minimum dimensions as identified in CDC Section 18.160.080(A) shall be required to accommodate the toters.
c. Minimum driveway width shall be consistent with CDC Section 18.160.100 Driveways. Site access easements necessary to landlocked parcels without direct frontage on a public or private street shall be consistent with CDC Section 18.160.090(D)5.

B. Architectural/Building Design

1. Massing and Articulation
a. Articulation depth of at least twenty-four (24) inches on wall plane width of more than 14 feet shall be provided.
b. Any floor above the first floor shall be limited to eighty (80) percent of the footprint of the first floor and stepped back from property lines as per development standards for applicable RS and RR zoning districts.
c. For corner properties where multiple sides of a building may be visible from the public right of way, the same level of architectural detail and material quality of the primary façade shall be required for three sides of a building.

2. Roof, Windows, Doors, Detail
a. Front entry shall be highlighted with a small porch, portico, stoop, or architectural awning assembly. Residential entry door shall be included with recessed panels and/or window. b. Each dwelling unit shall include a balcony, patio, porch, or stoop, and this feature shall be a minimum 48 square feet in area, with a minimum dimension of four (4) feet in one direction. c. Balconies shall have a minimum dimension of four (4) feet, and oriented internally to the site. d. Avoid direct line of sight to adjacent units by staggering window and door placement for a dwelling unit that is constructed on the lot after the urban lot split or a new additional primary unit constructed under Government Code Section XXX.
e. Exterior stairwells shall not be oriented to the street or visible from the public right-of-way. f. Colors and materials for any additional unit (except ADUs consistent with CDC Section

18.200.180(C)3 and pre-approved ADUs) on a lot must be selected to be consistent and compatible with the existing primary dwelling unit. Using at least two of the following approaches:
i. A minimum of two (2) matching exterior colors from the color palette ii. A minimum of three (3) matching exterior materials from the material palette

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 42 | Page 04.05.2023
iii. A matching roof slope to that of the of the dominant roof pitch or form

3. Color
a. On all building facades, buildings shall utilize a minimum of one (1) color, exclusive of trim.

Buildings shall utilize a minimum of 2 colors. Changes in color due to a change in building material are not considered an additional color.

4. Transitional Requirements
a. Infill buildings shall gradually step up in height from contextual buildings. The building height adjacent to an existing building will be a maximum of one story above the adjacent building.

C. Landscape Design

1. Landscaping
a. For any new primary dwelling units, evergreen landscape screening a minimum of six (6) feet in height shall be planted and maintained between each detached dwelling unit and adjacent lots.

D. Detailing

1. Loading and Service
a. Trash enclosures for garbage, recycling, and/or storage shall be incorporated into garage space and/or exterior cabinets, incorporated into the residential design.

Table XX: Consistency in Articulation and Massing (under development) Header Row Downtown Corridors Neighborhoods Special Case Wall Plan
Depth Change 24 inches 24 inches 24 inches 24 inches
Regularity 30 feet 30 feet 30 feet 30 feet
Detail
Doors
Windows
Visual Relief
Entrances
Colors (minimum)
Wall Surface 2* 2* 1* 1*
Trim/Accent 2 2 1 1
Entire Building 4 4 2 2
Roof
*A maximum of 100 feet before a change in color

WORKING ADMIN DRAFT - City of Concord - Section 18.152 Objective Design Standards

04.05.2023 43 | Page

APPENDIX
Development Standards for Special Case Standards
a. Setbacks to property lines (existing and new) shall be at least 4 feet for single story units and 10 feet for second story elements.
b. Maximum coverage on site shall not exceed standards coverage limitations for the zoning district, except for ADUs (CDC section 18.200.180C5) or in the event of a minor exception, see CDC Section 18.425.020
c. At least one (1) off-street covered parking space and one uncovered space shall be provided per dwelling unit, unless located within one-half mile walking distance of either a high-quality transit corridor (fixed route bus, 15 min during peak commute times) or a major transit stop.

ADUs shall adhere to Section 18.200.180.
d. Maximum height of 26 feet.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 44 | Page 04.05.2023
POTENTIAL GRAPHICS:
1 Definitions Primary, Residential, Secondary Street; Mid-block, Corner and Full Block
2 18.152.020.A.1.b Building Orientation and Frontage
3 18.152.020.A.1.c Daylight plane
4 18.152.020.D.3.c Mechanical equipment screening photo example 5 18.152.030 Downtown Map
6 18.152.030.A.1.a Residential Setback
7 18.152.030.A.1.b Commercial Setback
8 18.152.030.A.1.g Pedestrian Access
9 18.152.030.B.1.c Break in Wall Plane
10 18.152.030.B.1.d Building Wall Variety
11 18.152.030.B.2.b Primary Style
12 18.152.030.B.2.e Secondary Style
13 18.152.030.B.5.b Gridded Ironwork Photo example
14 18.152.030.B.6.a Façade Material Transitions
15 18.152.030.B.6.c New Material Texture
16 18.152.030.B.6.d Material Texture Full Height
17 18.152.040 Corridors Map
18 18.152.040.B.1.d Vertical Pilasters
19 18.152.050 Neighborhoods Map
21 18.152.050.A.1.f POSSIBLE - Primary Entrance Change in Material 22 18.152.050.B.1.a Example Massing
23 18.152.050.B.1.c Building Bulk/Relief and Rhythm
24 18.152.050.D.3.h Screening HVAC Example Photo
25 18.152.060 Possible - Special Case (Infill) Map
26 General Consistency in Articulation and Massing

Attachment 2
Design Review Board and Planning Commission feedback
Based on October 2022-February 23 meetings
Downtown Standards
Site Planning and Orientation
 Provide clear direction as to how setback is measured.  Locate entrance to parking garage on minor streets away from busy streets, where feasible.
 Provide standard for access when no side street is available.  Allow for courtyard entries for multifamily buildings.  Landscaping – allow flexibility for tree locations, while still ensuring an aesthetic design; Concord is a Tree City.

Architecture and Building Design
 Utilize percentages for building elements across a façade (articulation).  Provide standards for mixed-use and ground level commercial uses, may be focused on certain corridors.
 Define characteristics and support existing style and design for Inner and Outer core1, with more flexibility for remainder of the downtown.  Develop clear expectations in terms of variety for façade. (Inner Core)  Provide acceptable materials list. (Outer Core)
 Offsets – diagram works best. (Outer Core)
 Develop standards for window placement and usage of obscure glass, depending upon proximity of adjacent buildings and setback distance.  With respect to four-sided architecture, focus on design enhancements to visible features of side and rear elevations.

Styles
 Define style allowed (Downtown) and provide a benchmark reference.  Menu of options may be best; indicate style elements
Example: Approach - Pick 3 out of 4
- Roof style
- Material, clay tiles, parapet, etc. (pick 3); Color (pick 3) - Roof elements, hip, gable, etc. (pick 2)
1 Specific areas identified in the Downtown Design Guidelines.

Attachment 2
Other standards
 References to sustainability are needed (example – solar), consider utilizing a point system to achieve compliance.
 Develop lighting standards, in particular when adjacent to residences.

Neighborhood Standards
Site Planning
 Turtle Creek single-family mixed with multifamily, provided as unobtrusive example of blending densities.

Architecture
 Consistent architecture on all facades: need some common elements with logical transitions of materials; focus on visible areas for 4-sided architecture  Cape Cod-Canterbury may be best noted as special infill example.  Roof treatment with respect to solar panels, Green roofs should minimize visibility.
 Window treatments: providing trim, other elements, shutters, awnings, etc.

Landscape standards
 Develop standards to support Concord as a “Tree City”.  Recognize and minimize impacts to adjacent solar panels (shadowing) and consider least visually obtrusive yet effective solar panel placement on proposed projects.

Corridors
Site Planning
 Parking at rear of site may not be preferable if adjacent to residential and/or may need additional screening such as a sound wall, or parking at front of the site with landscape screening/landscape wall.
 Some corridors are more residential in nature (i.e. Cowell Road); recognize distinction and provide more flexibility for such sites.  Adjacency to parks can bring other unique issues in terms of visibility, fencing, and security.
 Provide minimum standards for wider sidewalks in heavier travelled areas.

Architecture
 Mixed use buildings need pedestrian-oriented design at ground level and staggered relief.
 Roof elements can be more significant on lower floors where more visible; explore varying parapets on upper floors.

Attachment 2
 Gradual transitions to fit with neighborhood character.  Green roofs should be referenced to CalGreen; can set threshold for requirement for green roofs and their use with minimum number of units.  Parapets can typically hide solar panels, mechanical equipment; ensure a minimum height for parapets, relative to height of building overall.  May want to allow metal as a siding or façade material, but specify no “shiny” metal or refer allowance with use of a “matte finish”.

Special Case/Infill Standards
Site Planning
 Develop pathway to provide leniency for 100 percent affordable projects.  Situations where multifamily or higher density housing is backing to parks or single-family detached (low density) developments need more thought to address transition issues.

Architecture
 Incorporation of dormers as approach to reduce privacy concerns.  Emphasis on detail where façade is visible from the street and adjoining property.

Urban Lot Splits and Two-Unit Project
 Front entry locations (toward street) are not as important, especially rear lots.  Colors and materials should be generally consistent or compatible with the primary home and the neighborhood, this can be accomplished in a number of ways, menu options may be best approach to promote consistent features.  Roadway maintenance agreements should be a requirement, whenever there is a shared situation at a site;
 Fencing is important for screening.
 Garbage enclosures if for exterior cabinets should be externally accessed and properly ventilated; Parking needs to be better thought out in terms of where and how, may require parking time limits
 Rural residential districts would also allow for splits and two-unit projects  Sewer hook-up and capacity should be reviewed by City.  ADU design should respond to context of the neighborhood, massing and articulation are important, maybe preferred to explore how to promote one large residence that has a number of units, for example two attached single family with attached ADUs to reduce privacy issues.
 Privacy considerations include views, window placement and height, landscape buffers and fencing and height, along with views.

Attachment 2
 Private open space considerations should include size and access.  Open space vs. meeting the street, menu options may be best approach to promote consistent features, most important with smaller lots.  Garage door windows not necessary as a requirement but high quality doors important, consistent with design, give options.

Emergency/Homeless Shelters/ SROs and Group Homes
 Provide adequate screening, may consider front yard fencing.  Provide adequate outdoor areas.
 Design with context of surrounding properties to reduce impacts.

Attachment 3

Attachment 4

CONCORD CORRIDORS MAP
Legend
•••••••••
i. •.•.•. i City of Concord Boundary - Downtown Concord Boundary Open Space
- Creeks / Rivers/ Waterbody -()- BART
( ) Corridors
I ··-·-··-
I
!..... ..,
I I
•
- �
! ··-·-·-·-·· I-II

1.0 •
I-I-II -
•
; ...
··-··
Attachment 5

Attachment 6

CITY COUNCIL

STUDY SESSION
April 11, 2023 | 6:30 PM | City Council Chamber
CITY OF CONCORD | CONCORD OBJECTIVE DESIGN STANDARDS PROJECT

City of Concord | Objective Design Standards
City Council Agenda
City Council Meeting: April
• Overview of Objective Design Standards (ODS) Project
• Update on Process
• Working Administrative Draft
• Collect City Council Comments to Advance Draft
Next Steps
• DRB, PC meetings
• Public Draft, Final Draft
• City Council Hearing, end of June
2

City of Concord | Objective Design Standards
Project Goals/Purpose
• Create high-quality, enforceable objective design standards • Streamline the review and approval process for qualifying housing projects
• Ensure greater certainty for applicants, decision makers, residents, and the public
• Enhance the existing character within the city as new development and property improvements occur
3

City of Baldwin Park | Objective Design Standards
What Does “Objective” Mean?
Housing Accountability Act Definition
“Objective design standard” means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.
- Government Code § 66300(a)(7)
Objective standards are specific, and sometimes numeric, and do not leave room for interpretation.
4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

PROJECT

MANAGEMENT
Kick-off
Meeting

ENGAGEMENT PROCESS DELIVERABLES
Developer/ Applicant
Workshop

HED/PC/DRB
Meeting City
Council
City DRB
Council
Study
Session
Final
ODS
Final
Draft
ODS
Public
Draft
ODS
Document
Review
City
Council
(Optional)
Staff Training
(Optional)
Staff
Training
Web Ready
Documents

AUG OCT
DRB
Workshop
DRB
Workshop
JAN
APR
PC/DRB
Workshop
NOV 17
PC
Workshop
DEC 21
Outline
ADJUSTED SCHEDULE – March 2023
APR 11 MAY 11
DRB
Workshop
(SB9)
FEB 23
JUN 7
JUN 7

FEB MAR APR MAY JUN JUL AUG
PC
JUN 27
AUG 8
Admin APR 26
Draft
ODS
APR 5

What Are Objective Standards?

City of Concord | Objective Design Standards
Why Do We Have To Create Objective Design Standards?
Consistency with State Law:
• Remove challenges created by discretionary processes and thus streamline development of qualifying housing projects (including multi-family and mixeduse residential projects) • Allow City to create tailored standards appropriate for Concord Council Tier 1 Priority to support meeting housing element objectives/RHNA 7

City of Concord | Objective Design Standards
Why Do We Have To Create Objective Design Standards?
Consistency with State Law:
• HAA: Housing Accountability Act, amended 2017, intended to promote infill development
• SB 35: Streamlined Approval Process, 2018 law, removed local control for some housing projects (affordability criteria)
• SB 330: Housing Crisis Act of 2019, intended to jump start production/streamlining
• … and now SB 9: The HOME Act – Single-Family Areas, Urban Lot Splits & 2-unit developments
• … and AB 2011 and SB 6 – Commercial Areas – Now allowing multi-family and mixed-use residential development
8

City of Concord | Objective Design Standards
What Do Objective Design Standards Effect?
Rowhouses Mid-Rises
Duplexes and Triplexes Apartments Mixed-Use
All new qualifying single-family, multi-family, and mixed-use residential projects, including:

Multi-lot Single Family
9

City of Concord | Objective Design Standards
Moving to Objective Design Standards
Extrusions of 2’ in depth and 10’ in length

OBJECTIVE (SAMPLE ODS)
• Building facades along primary frontages shall
include a min. 2’ articulating extrusion with a 10’
horizontal length at a min. of every 15 linear feet.
• Each articulating extrusion shall include at least
one window and one door if accessing front yard
or private open space.

SUBJECTIVE (CURRENT - NOT ODS)
• Buildings downtown should maintain a tight and
varied rhythm of façades compatible with the
existing character.
• In particular, they should relate to the typical parcel width through building vertical modulation and
facade articulation to avoid flat, long walls along
the street frontage.
10

How Do They Work?

City of Concord | Objective Design Standards
Potential Approval Process: Multi-family and Mixed-use Housing Design Review Board reviews
Discretionary Review Discretionary Review
Downtown Concord Design
Guidelines + Community
Design Guidelines
Project
Decision
Ministerial Review – New Track
No
Discretionary
Design Review
Required
* Associated applications
(e.g., tentative map) may
require discretionary
review
Project
approved if
ODS compliant
Planning Commission reviews

CURRENT

PROCESS
(Submit
Project)

NEW ODS

PROCESS
(Submit
Project)
Zoning
Code
General
Plan
Downtown
Concord
Specific Plan
General +
Specific Plans
Objective Design
Standards Zoning
Code
Planning Staff reviews
12

Design Review Board and/or
Planning Commission Review
Two Tracks to Facilitate Housing Review
Multi-family or
Mixed-Use Project
Submitted
Planning Staff Review
Discretionary Review Discretionary Review
Downtown Concord Design
Guidelines + Community
Design Guidelines
Project
Decision
Project submittal
that complies with
Objective Design
Standards
Ministerial Review – New Track Project approved if
ODS compliant
Zoning
Code
General
Plan
Downtown
Concord
Specific Plan
General +
Specific Plans
Objective Design
Standards Zoning
Code
Discretionary Review Limited
New Track subject to Objective
Design Standards
Existing Discretionary Track Preserved
CURRENT Planning Commission Review required

PROCESS
(Submit
Project)

NEW ODS

PROCESS
(Submit
Project)
13

City of Concord | Objective Design Standards
How do we Create Objective Standards and Get Them Right? Assess
existing
applicable
standards
Downtown Concord
Design Guidelines
+ Community
Design Guidelines
Create objective
design standards
from existing
objective and
subjective Design
Guidelines
Apply input from civic
leaders and the
development community
General +
Specific Plans,
Zoning Code
14 Multi-Family and M-U
Objective Design
Standards

Approaches and Considerations

City of Concord | Objective Design Standards
How Do You Measure Design Objectively?
Six Approaches

1. True/False

2. Counts and Measures

3. Ratios and Calculations

4. Lists

5. Scorecards

6. Benchmarks
16

City of Concord | Objective Design Standards

1. True/False

EXAMPLE
17

City of Concord | Objective Design Standards

2. Counts and Measures

EXAMPLE
18

City of Concord | Objective Design Standards

3. Ratios and Calculations

EXAMPLE
19

City of Concord | Objective Design Standards

4. Lists

EXAMPLE
20

Adapting to Concord

City of Concord | Objective Design Standards
Document Review
City of Concord Documents - Design Guidelines
• Downtown Concord Design Guidelines (2020)
• Downtown Concord Specific Plan (2014)
• North Todos Santos Neighborhood Design Guidelines
• (Citywide) Community Design Guidelines (1987)
Other Relevant Plans / Studies
• 2030 General Plan (2010)
• Development Code (Regular Update)
22

City of Concord | Objective Design Standards
Documents Under Development
ODS Development Code
• New Chapter 18.152
• Detailed Language
• Ordinance for Adoption
ODS Companion Guide
• More Illustrative
• Graphics/Diagrams
• To ensure ease of
understanding by applicants
and staff
23 ODS Companion Guide
ODS Development
Code Page 90 of 116
City of Concord | Objective Design Standards
Document Outline
TITLE:

Multiple Family Residential
Objective Design Standards
I. Introduction
II. Citywide Standards
III. Downtown Standards
IV. Corridor Standards
V. Neighborhood Standards
VI. Special Case Standards
VII. Appendix
24 Citywide Standards
I. Site Plan
I. Site Planning and Orientation
II. Parking
II. Architectural/Building Design
I. Massing and Articulation
II. Roof Treatments
III. Windows and Doors
IV. Materials
V. Colors

Elements of Downtown

Downtown
Downtown Area
• Inner Core - design guidelines
• Outer Core - design guidelines
Downtown Design Guidelines Downtown Specific Plan
City of Concord Boundary
Downtown Concord Boundary
Open Space
Creeks / Rivers / Waterbody
BART
Downtown Boundary
Inner Core
Outer Core
North Todos Santos

Parking
DOWNTOWN DESIGN GUIDELINES “Off street parking shall be located either underground in a parking structure with active storefronts and uses along the street frontages or in surface lots at the rear of
buildings that can be accessed from the rear of the
property. Off -street parking shall not be located
between a building and a pedestrian route to the BART
station...”
 “…Clear on location, but combined instructions.

Can this be made objective and easy to use?”
PROPOSED STANDARD: 18.152.030.A.2.a
Parking shall be located either in an underground
parking structure or an above ground/podium
parking structure, with garage entrances located
in alleys or secondary streets (i.e., wrap around
parking garage). Active uses and storefronts are
located along primary street frontages, between
above ground parking structures and the
pedestrian walkway.
27

Massing and Articulation
28 Use of at least two of each distinct
materials and colors along wall
surfaces
The massing of
building walls shall be
broken up using a
minimum of three
design strategies, one
for each part of the
building: base, middle,
top:
a. Balconies
b. Above the second
floor, a change in
wall plane
c. Window openings
d. Wall trims
e. Use of at least
two of each
f. Vertical pilasters

Architectural Style
29 DOWNTOWN DESIGN GUIDELINES
“The Spanish Colonial style was developed as a
result of the Mission Style.” p. 33
 “...What are locally appropriate styles? How can
you provide guidance for qualifying projects?”
PROPOSED STANDARD: 18.152.030.B.2.b
Spanish Colonial Revival architectural styles
shall include a minimum of four of the six
following elements:
a. Stucco or plaster walls
b. Low sloped roofs below, and
including 3:12
c. Window or faux window openings
limited to 25% of a façade
d. Deep recessed openings a minimum
of 12 inches
e. Outdoor terraces
f. Vernacular Spanish Colonial
decorative ironwork
Mission or Spanish Colonial Revival
Mediterranean Revival

Windows and Doors
18 DOWNTOWN DESIGN GUIDELINES
“Outer Core - Design Typology Table, Architectural Element, Fenestration.” p. 41  “... What approaches can be used and how can you specify sufficient detail?”
PROPOSED STANDARD: 18.152.030.5.b
Window detail shall include at least two of the
following approaches:

INNER CORE
a. Recess of a minimum of 12 inches to contract
with wall surface
b. Use of gridded ironwork
c. Use of frame of a minimum depth of two
inches around windows or lintel

OUTER CORE
a. On upper floors, recess of a maximum depth
of six inches
b. On upper floors, use large spans of window
wall at least 40 percent of the wall area
c. Use of frameless or minimally framed windows 30

Elements of Corridor Standards

• Concord Ave / Galindo Street /
Monument Blvd
• Willow Pass Road
• Concord Boulevard
• Clayton Road
• Salvio Street/ Pacheco Adobe
• Grant Street
• Ygnacio Valley / Kirker Pass Road
• Treat Boulevard
• Cowell Road
• Oak Grove Road
General Plan: Figure 5-1 Not to Scale
City of Concord Boundary
Downtown Concord Boundary
Open Space
Creeks / Rivers / Waterbody
BART
Corridors
Where Do Corridors Apply?

City of Concord | Objective Design Standards
Site Planning and Orientation
33 COMMUNITY DESIGN GUIDELINES
“Buildings should be oriented to allow for the use of
common driveways, especially along major arterial streets, where a reduction on the number of curb openings will
enhance the streetscapes well as promoting traffic safety.” (4.214)
 “...Locations where this applies, and details of design are vague. Which major arterial streets should have
common driveways and are there design standards?
PROPOSED STANDARD: 18.152.040.A.1.a
Common driveways shall be used along major
corridors for qualifying projects in RM and RH
zoning districts.

Bicycle Parking
34 COMMUNITY DESIGN GUIDELIENS “In commercial and industrial development bicycle parking facilities should be easily recognizable.” p.
18 “...What about standards for residential
developments?”
PROPOSED STANDARD: 18.152.040.2.f
Bicycle parking, consisting of racks that
support the cycle frame at two points and
allow for the bicycle frame and one wheel to
be locked to the rack with a U-lock, shall be
located on a permanent paved surface within
150 feet of the entrance of the residential
building, covered by a permanent solid-
roofed weather protection structure and
incorporated within surveillance camera
coverage area of the building. Page 101 of 116
Landscape

COMMUNITY DESIGN GUIDELINES
“Together with the required street trees planting, the
landscape design of these setback areas should provide
for a double row of trees along major streets… (5.510)
 “…where does this apply?”
PROPOSED STANDARD: 18.152.040.C.1.a.

Along all arterial street corridors with ground
floor units, the landscape design shall include a
row of trees in the front setback, in addition to
the row of trees required in the planting strip
between the curb and the sidewalk for a total of
two rows of trees, including the required street
tree planting specified in the Street Tree Master
Plan.
35

Elements of Neighborhoods

Neighborhoods • Bishop Estates • Cambridge Park • Canterbury Village • Colony Park • Cowell • Carriage Square • Clayton Valley • CNWS • Crossings • Crystal Ranch • Dana Estates • Lime Ridge • Meadow Homes • Montecito • Monument/Four Corners • North Concord • North Todos Santos
• Pine Hollow • Sun Terrace • Solano/Estates • Turtle Creek • Holbrook Heights From Housing Element Survey
City of Concord Boundary
Downtown Concord Boundary
Open Space
Creeks / Rivers / Waterbody
BART
Concord Neighborhoods
(circle does not depict full extent of the neighborhoods)

Massing and Articulation
38 Visual relief shall be
created through
details with a
minimum of
eighteen inches
depth so that they
create shade and
cast shadow
Architectural projections
from building walls that
emphasize windows and
doors shall project a
minimum of 12 inches Page 105 of 116
Roof Treatments
COMMUNITY DESIGN GUIDELINES “Roof lines should have greater visual appeal than a simple truncated edge or a utilitarian equipment
screen.” (2.200)  “...What constitutes greater visual appeal?” PROPOSED STANDARD: 18.152.050.B.2.a
Roof lines shall be vertically articulated
along the street frontage by at least two of
the following architectural elements:
a. Roof profile varying in height a
minimum of 4 feet
b. Clerestory windows
c. Roof form that varies in height a
minimum of 4 feet
d. A variety of at least 2 roof forms
39

Elements of Special Case

City of Concord | Objective Design Standards
Where Does Special Case Apply?
41 Special Case*
Residential Single
Family (RS-6, RS-7, R7.5, RS-8, RS-10, and
RS-12, and RR)
Zoning Districts
*Infill and SB 9
PD
PD

City of Concord | Objective Design Standards
Building Scale
42 COMMUNITY DESIGN GUIDELINES
“The bulk of buildings generally should
be minimized, especially in parts of
Concord where residential character
predominates.” (4.400)
 “...How do you set a standard for matching the
residential character?”
PROPOSED STANDARD: 18.152.050.B.1.a
Building complexes shall have buildings that are
human scaled using one of the following
approaches
a. separated buildings
b. changes in depth of the wall plane of a
minimum of 24 inches in depth
c. Provide accentuated building entry of at
least 20 percent of facade

City of Concord | Objective Design Standards
Sensitive Transitions
43 COMMUNITY DESIGN GUIDELINES
“Buildings should maintain a domestic scale
comparable with residential neighborhoods
wherever possible… (4.400)
 “...What techniques can be used to breakdown
massing ?”
PROPOSED STANDARD: 18.152.060.B.4.a
Infill buildings shall gradually step up in
height from contextual buildings. The
building height adjacent to an existing
building shall be a maximum of one story
above the adjacent building.

City of Concord | Objective Design Standards
Corner Properties
44 COMMUNITY DESIGN GUIDELINES
“Building elevations must be attractively designed
on all four sides…” (4.441)
 “...If the priority for detail is visibility from the public realm, how can corners be described in
detail due to their visibility?
PROPOSED STANDARD: 18.152.050.B.4.b
All four walls of a building shall include
building detail using one of the following
approaches:
a. Window detail, such as shutters, trim,
sills, mullions, and lintels.
b. Ornamentation, such as corbels,
cornices, and molding.

City of Concord | Objective Design Standards
Discussion
Architectural Styles in Downtown
• Downtown Concord Design Guidelines allows for Mission or Spanish Colonial Revival and Mediterranean Revival
• Also, secondary styles of Arts & Crafts (Craftsman) and Italianate • Recommendation to proceed with confirmed approach
45

Discussion: Reference Styles
46 Mission or Spanish Colonial Revival Mediterranean Revival Arts & Crafts (Craftsman) Italianate

City of Concord | Objective Design Standards
Discussion
Access to Ground Floor Residential Units
• Downtown Concord Specific Plan states 18 inches ground floor elevation • Recommendation clarification for Patio a minimum of 18 inches above street level
Massing Depth of Wall
• Change in wall plane 4 to 8 feet
• Recommendation to reduce depth for affordability
Gap Areas
• No current guidance on bike storage, retaining wall materials • Recommendation to provide additional language on gap areas 47

City of Concord | Objective Design Standards
Conclusion
City Council Meeting: April
• Provide feedback on ODS Working Admin Draft
Next Steps
• DRB, PC meetings
• Public Draft, Final Draft
• City Council Hearing
48

CITY COUNCIL

STUDY SESSION
April 11, 2023 | 6:30 PM | City Council Chamber
CITY OF CONCORD | CONCORD OBJECTIVE DESIGN STANDARDS PROJECT

Staff Report
Date: April 11, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Kevin Halm, Provisional Lieutenant
[email protected]
(925) 671-3336
Subject: Considering adoption of a Resolution accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, determining to continue Ordinance 22-6 and Concord Police Department Policy 706: Military
Equipment, and determining that each type of military
equipment identified in that report has complied with the standards for approval pursuant to Ordinance 22-6 and AB 481.

CEQA: Not a “project” under Public Resources Code Section 21065, Guidelines Sections 15060(c)(2) and/or 15378; in the alternative, is exempt under Guidelines Sections 15061(b)(3).

Report in Brief
The Concord Police Department is required under California Government Code § 7072, and by City of Concord Ordinance 22-6, to submit an annual report to the City Council on its use, inventory, and acquisition of military equipment defined under AB 481.

Recommended Action
Adopt a Resolution accepting the concord Police Department Military Equipment Report for 2022 and Inventory for 2023. (Attachment 2, including Exhibit A thereto).

Background
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law

10.b

City Council Agenda Report
Agenda Item No. 10.b
April 11, 2023
enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 12, 2022, the Concord City Council approved Ordinance 22-6 (“Ordinance”) approving Concord Police Department Policy 706: Military Equipment (“Policy”), as well as its attached inaugural Military Equipment Report and Inventory. The Policy is attached to this staff report as Attachment 1.

Analysis
As required by Assembly Bill 481 and the Ordinance, annually the Concord Police Department must prepare a report on the use of each type of military equipment approved in the policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy. The Concord Police Department Military Equipment Report for 2022 and Inventory for 2023 is attached to the Resolution as Exhibit A.

The City Council would need to take action (by ordinance) to modify the Policy or repeal the Ordinance, however no such changes are proposed at this time.

As set forth in the Policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community. Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.

The annual approval of the Policy and Report continues the use of the equipment currently in the Police Department’s inventory by authorized and trained personnel when the use is necessary to maintain public safety. The inventory includes the inventory approved by Council last year, as well as the acquisition of the armored rescue van that Council approved the purchase of on January 7, 2023, with ARPA funding, as well as the addition of an additional Kinetic Breaching Tool (KBT) and five unmanned aerial vehicles (UAVs) to enhance the Police Department’s current inventory and provide additional capabilities and resources.

Financial Impact
Approval of this resolution will allow the Concord Police Department to continue with its plan to purchase one additional KBT to supplement the one unit currently in inventory at a cost of $9,650. It also will allow the department to continue with its planned purchase

City Council Agenda Report
Agenda Item No. 10.b
April 11, 2023
of four additional UAVs during 2023 at a total cost of $52,885 based on needs identified during its first year of UAV operation in 2022.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3).

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
A Notice of Public Hearing was posted to the City’s bulletin board and in the East Bay Times newspaper in accordance with Government Code Sections 65853, 65856, 65090, and 65092.

The Concord Police Department 2022 AB 481 Report and 2023 Equipment List was published on the City website on March 14, 2023. Community meetings in English and Spanish were held via Zoom on March 22, 2023. Two members of the public attended the meeting held in English, and they did not ask questions or comment. No members of the public attended the meeting held in Spanish. The meetings were advertised on the City website, through City and Concord Police Department social media, and through a news story on NBC Bay Area News.

Attachments

1. Resolution accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023
Exhibit A – Concord Police Department Military Equipment Report for 2022 and Inventory for 2023

2. Concord Police Department Policy 706: Military Equipment

Res. No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Accepting the Concord Police Department
Military Equipment Report for 2022 and Inventory
for 2023, Determining to Continue Ordinance 22-6
and Concord Police Department Policy 706: Military
Equipment, and Determining that Each Type of
Military Equipment Identified in that Report has
Complied with the Standards for Approval Pursuant
to Ordinance No. 22-6 and AB 481
Resolution No. 23-XX
/
WHEREAS, on September 30, 2023, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (Sections 7070-7075), relating to the use of equipment defined as military equipment under the statute by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, pursuant to AB 481, on April 12, 2022, the Concord City Council approved Ordinance No. 22-6 (“Ordinance”) approving Concord Police Department Policy 706: Military Equipment (“Policy”) and Military Equipment Report and Inventory; and WHEREAS, AB 481, inter alia, requires the Police Department submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council; and
WHEREAS, annually, the City Council shall review the Ordinance, the Policy, and the annual military equipment report prepared by the Police Department pursuant to AB 481, including Government Code Section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify the Policy or initiate the repeal of the Ordinance; and WHEREAS, annually, the City Council must further determine, based on the annual military equipment report and inventory submitted pursuant to AB 481, including Government Code section Attachment 1

Res. No. 23-XX 2
7072, whether each type of military equipment identified in that report and inventory has complied with the standards for approval set forth in the Ordinance and AB 481, including Government Code section 7071(d); and
WHEREAS, the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023 (“Report”) is attached hereto as Attachment A and incorporated by reference; and WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting regarding the Policy and use of military equipment, on March 22, 2023, pursuant to the Ordinance and Government Code Section 7072(b) (“Meeting”); 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 11, 2023, to consider the Ordinance, Policy, and Report; and
WHEREAS, at such public hearing, the City Council reviewed the Ordinance, Policy, and Report, 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 11, 2023, and other exhibits presented.

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

Section 1. The above recitals are true and correct, constitute findings of the City Council, are a substantive part of this resolution, and are incorporated herein by reference.

Section 2. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). 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. The City Council hereby determines to continue the Ordinance and Policy.

Res. No. 23-XX 3
Section 4. The Meeting was held pursuant to and in compliance with the Ordinance and AB 481, including Government Code Section 7072(b).

Section 5. The Report complies with the Ordinance and AB 481, including Government Code Section 7072. Based on the Report, each type of military equipment identified in that Report has complied with the standards for approval set forth in the Ordinance and AB 481, including Government Code Section 7071.

Section 6. 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 11, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 11, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Concord Police Department Military Equipment Report for 2022 and Inventory for 2023

Concord Police Department
Military Equipment Report for 2022
and Inventory for 2023
Exhibit A to Attachment 1

Concord Police Department Military Equipment Report for 2022 1 Table of Contents
Introduction……………………………………………………………………………….. 2
Definitions………………………………………………………………………………….3
Inventory: Robots………………………………………………………………………… 4
Inventory: UAV………………………………………………………………………….... 5
Inventory: Armored Rescue Vehicle…………………………………………………….7 Inventory: Crisis Negotiations Team Van………………………………………………8 Inventory: Tactical Dispatch Van………………………………………………………..9 Inventory: Kinetic Breach Tool…………………………………………………………..10 Inventory: Breaching Shotgun………………………………………………………….. 11 Inventory: Carbines……………………………………………………………………….12
Inventory: Long Rifles……………………………………………………………............13 Inventory: Pistol Caliber Carbine……………………………………………………..…14 Inventory: Noise Flash Diversionary Device………………………………………...…15 Inventory: Chemical Agents…………………………………………………...…..…….16 Inventory: PepperBall Launchers and Projectiles…………………………….……….18 Inventory: Kinetic Impact Launchers……………………………………………………20 Inventory: Kinetic Impact Munitions…………………………………….……………….22 Inventory: Long Range Acoustic Device…………………………….………………….23 Community Concerns and Complaints………………………………………………….24 Crisis Response Unit Usage……………………………………………………………..25
UAV Usage and Flights………………………………………………………………...…26
Projected Equipment Acquisition and Replacement in 2023……….………………...32 Conclusion…………………………………….……………………………………………33

Concord Police Department Military Equipment Report for 2022 2 Introduction
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 12, 2022, the Concord City Council approved Ordinance 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy. As required by Assembly Bill 481 and the Ordinance, annually the Concord Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community.

Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.

This annual report outlines the Concord Police Department’s military equipment inventory and usage and community complaints over use of military equipment from January 1, 2022 through December 31, 2022. It also outlines the proposed purchase of new and/or replacement equipment during 2023. The Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with AB 481.

Concord Police Department Military Equipment Report for 2022 3 Definitions
The Concord Police Department only utilizes a limited number of the resources listed below.

Definitions of Military Equipment established by California Government Code §7070:

Military equipment includes but is not limited to the following types of equipment:
 Unmanned, remotely piloted, powered aerial or ground vehicles  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers  High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, fiveton trucks, or wheeled vehicles that have a breaching or entry apparatus attached  Tracked armored vehicles that provide ballistic protection to their occupants  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
 Weaponized aircraft, vessels, or vehicles or any kind  Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
 Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
 Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms
 Any firearm or firearm accessory that is designed to launch explosive projectiles  Noise-flash diversionary devices and explosive breaching tools  Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
 Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
 Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
 Any other equipment as determined by a governing body or a state agency to require additional oversight

Concord Police Department Military Equipment Report for 2022 4 Inventory

1. Robot
a. Description, Quantity, Capabilities, and Purchase Cost:

Transcend Vantage Patrol Robot. Qty: 1 Total Cost: $26,000. Battery powered, remote operated device that is equipped with non-recording cameras and two-way radio capabilities. This robot can climb stairs, open doors and be the delivery mechanism for chemical agents. The robot is used during high-risk incidents to aid officers in the de-escalation of a situation through intelligence gathering and negotiations. The use of this equipment is limited to trained members of the CPD SWAT team. Situations that qualify for its use are high-risk operations including but not limited to hostage situations, active-shooters, barricaded person incidents and/or high-risk warrant services and per CPD Policy 45- SWAT and Negotiations Management.
b. Purpose:

To be used remotely to gain visual and audio information to aid in the de-escalation and resolution of high-risk situations, to deliver negotiations phone, open doors, and clear buildings in search for victims, suspects and/or explosives. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is critical and the robot can provide this situational awareness without placing undue risk to human life. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to facilitate communication and determine resistance level which aid in the planning and decision making by officers. c. Authorized Use:

CPD SWAT officers under the supervision of the Tactical/Incident Commander, who have completed the required training are permitted to operate the robot. Deployment missions related to SWAT are outlined within CPD Policy 45- SWAT and Negotiations Management. The SWAT team undergoes an estimated 120 hours of training per year and the use of the robot during training is included within these hours. Such use includes the clearing of a home after a barricaded person has been taken into custody in order to search for explosive hazards, hidden victims, or suspects prior to officers entering the home to search and deem the residence safe to occupy. SWAT officers receive specific training from the manufacturer on the use and operation of the robot and receive annual familiarization training with the robot. d. Expected Lifespan:

Estimated to be 10 years, however dependent upon operational usage and wear. e. Fiscal Impact:

No anticipated annual maintenance costs for the robot. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new robot(s) or replacement robot(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 5 2. Unmanned Aerial Vehicles
a. Description, Quantity, Capabilities, and Purchase Cost:

Autel Evo II FLIR Radiometric UAS and Go-Command Kit. Qty: 3. Total Cost:
$39.999.00. The Evo II is a commercial-grade UAS primarily used for outdoor environments to support first responders during high-risk situations, evidence processing, search and rescue missions and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard and SMART controller system authorized for night operations and in compliance with FAA regulations. The UAS has a FLIR thermal camera to assist for night operations and has the ability to record data. There is a flight time of approximately 35 minutes per battery, depending on weather and flight conditions. The Go-Command kit consists of a protective storage/deployment case containing power source, accessories for flight operations and a 24” LED viewing monitor.

Brinc Lemur UAS kit. Qty: 2. Total Cost: $16,498.00. The Brinc Lemur UAS is a commercial-grade UAS primarily used for indoor environments to support first responders in high-risk situations and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS provides remote viewing and audio data to aid in the de-escalation of high-risk incidents. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is equipped with an Infrared (IR) camera system for low light conditions, cellular based two-way communications and turtle-mode for self-righting capabilities. The UAS is capable of opening doors that are ajar. There is a flight time of approximately 30 minutes per battery, and/or 10 hour perch time for communications and/or monitoring purposes without flight.

Loki MK2 UAS. Qty: 2. Total Cost: $13,771.80. The Loki is a commercial grade UAS primarily used for indoor environments to support first responders in high-risk situations by providing remote viewing and audio data to aid in the de-escalation of incidents. The UAS may assist in other first-responder operations as outlined in CPD Policy 606-Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is operated independently via a single controller system. There is a flight time of approximately 16 minutes, and/or 6 hours of perched battery life for monitoring purposes without flight.

EMax TinyHawk III Trainers. Qty: 2. Total Cost: $800.00. The EMAX TinyHawk III is an indoor training UAS that would be used only for the purpose of teaching new UAS operators how to operate a UAS indoors. Using the inexpensive TinyHawk as a training tool while officers learn how to operate a UAS indoors will save significant wear and tear on the much more expensive Brinc and Loki UAS and ensures they remain ready for operational purposes. The TinyHawk UAS is a battery powered, remote operated device with a standard controller system. There is a flight time of approximately 15 minutes per battery.

Concord Police Department Military Equipment Report for 2022 6 b. Purpose:

UAS may be utilized to enhance the Department’s mission of protecting lives and property and for the collection of data to aid in first responder services in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations. c. Authorized Use:

To be deployed by CPD UAS team members in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations. All UAS team members are required to hold a Part 107 UAS remote pilot certification and team members undergo Department led training and outside UAS training that address basic operations, indoor operations and nighttime operations. The following authorized uses of a UAS include:
 Post-incident crime scene preservation and documentation  HAZMAT response
 Locating individuals actively fleeing or hiding in an attempt to avoid apprehension
 Search and rescue
 Barricaded persons and other high-risk tactical operations  Locating individuals who are missing or are a danger to themselves or others  Disaster response (Flood, earthquakes, etc.)
 Training missions
 Fire response
 Pursuant to a search warrant
 Any situation where the use of a UAS would enhance public safety and/or officer safety and would be deemed lawful and reasonable. d. Expected Lifespan:

Estimated at 10 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance costs are $2000.00. UAS were paid for with CPD existing budget and $30,000 grant funding support. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new UAS(s) or replacement UAS(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 7 3. Armored Rescue Vehicle
a. Description, Quantity, Capabilities, and Purchase Cost:

Mamba Mk1 Armored Personnel Carrier. Qty: 1. Donation. Acquired through the California Office of Emergency Services (CalOES) Public Safety Procurement Program in 2011 for no cost. This equipment was painted, marked with police insignia, and equipped with police emergency lighting that was funded by community donations. The Armored Personnel Carrier is a four-wheeled, right-side driven vehicle designed to provide a high degree of ballistic protection to officers and community members during high-risk incidents and has the capability to withstand multiple bullet strikes from small arms fire.

Ford E-350 Ballistic Van. Qty: 1 (To be replaced by Ford T-350 upon receipt).

Non-governmental donation. The van is a standard E-350, four-wheeled, left-hand drive vehicle that has been reinforced with a ballistic windshield, ballistic body and running boards along the side. The running boards allow for the ease and speed of officer deployments during high-risk incidents. The van is capable of withstanding multiple bullet strikes from small arms fire.

Ford T-350 Ballistic Van. Qty: 0 (City of Concord ordered, not yet received). $180,535. Replacement for above listed Ford E-350.
b. Purpose:

To be used during high-risk incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical and highrisk incidents where such ballistic protection is required to safeguard human life. c. Authorized Use:

The use of the Mamba MK1 is strictly reserved for CPD SWAT officers who have undergone advanced armored vehicle operations driver training and assessment both held by outside law enforcement training sessions as well as internal driver training during the estimated 120 hours of yearly training CPD SWAT undergoes.

The use of the E-350 ballistic van does not require any special license or training and may be used by any CPD officer with the approval of a Command Officer during high-risk incidents. The use of the ballistic vehicles would include performing a lifesaving rescue and evacuation of an officer or community member from a place of extreme danger where ballistic protection is required to safely complete the mission and not expose officers or community members to greater risk of injury or death, as well as other situations as outlined in CPD Policy 45- SWAT and Negotiations Management.
d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

Concord Police Department Military Equipment Report for 2022 8 4. Crisis Negotiations Team Van
a. Description, Quantity, Capabilities, and Purchase Cost:

Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.
b. Purpose:

This converted bus serves as a self-contained mobile base of operations and transportation for Crisis Negotiations team members in the response to high-risk incidents in which CPD Negotiators have been requested and approved to assist by the SWAT Team Commander.
c. Authorized Use:

No specialty driver license or training is required to drive the bus. The bus is driven by members of the Crisis Negotiations Team and/or SWAT Team in response to high-risk incidents and SWAT training.
d. Expected Lifespan:

Estimated to be 15 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

Concord Police Department Military Equipment Report for 2022 9 5. Tactical Dispatch Van
a. Description, Quantity, Capabilities, and Purchase Cost:

Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.
b. Purpose:

This converted bus serves as a self-contained mobile base of operations and transportation for the Tactical Dispatch team in the response to high-risk incidents in which CPD Tactical Dispatchers have been requested and approved to assist by the SWAT Team Commander. The van also serves as a back-up mobile Dispatch Center in the event the Dispatch Center at CPD Headquarters is evacuated and dispatch services to the community cannot be delivered from CPD headquarters. c. Authorized Use:

No advanced driver license or training is required to drive the bus. The bus is driven by members of the Tactical Dispatch team and/or SWAT Team in response to highrisk incidents and SWAT training. d. Expected Lifespan:

Estimated to be 15 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $500.00.

Concord Police Department Military Equipment Report for 2022 10 6. Kinetic Breaching Tool
a. Description, Quantity, Capabilities, and Purchase Cost:

Aardvark Kinetic Breaching Tool (KBT). Qty: 1. Total Cost: $9,650. The KBT utilizes a proprietary .45 caliber handgun blank to deliver up to 850 ft/lbs of force through a narrowed and hardened steel ram to force open door hinges and to aid in the breaching of fortified doors. All of the force is mechanically driven through the ram and no projectile or explosive energy leaves the device. The tool weighs 28 lbs., features an 8-round cylinder for the KBT .45 caliber blanks, and a shock reduction handle system that reduces recoil force for single person operation. b. Purpose:

To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.
c. Authorized Use:

CPD SWAT officers who have been trained in its use. CPD SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team each year. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are also incorporated. The situations where such use may be authorized are outlined within CPD Policy 45- SWAT and Negotiations Management, and would include an armed and dangerous barricaded person where the speed of entry into a fortified structure is paramount to aid in the safe apprehension of the suspect.
d. Expected Lifespan:

Estimated to be 10 years, however dependent upon operational usage and wear. e. Fiscal Impact:

CPD has an inventory of 50 blanks for this KBT at a cost of $40 per blank. There is no known annual maintenance cost for the KBT unit. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of the KPT .45 caliber blanks and/or KBT may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 11 7. Breaching Shotgun
a. Description, Quantity, Capabilities, and Purchase Cost:

Remington 870 12 Gauge Pump Shotgun. Qty: 4. Total Cost: $1600.00. The shotgun has a tactical shortened barrel with a stand-off port to vent gasses and debris away from the operator of the firearm during firing. The breaching shotgun and frangible rounds are used to expeditiously defeat deadbolts, locks, and hinges of doors. The frangible round is designed to transfer its energy into the lock and/or door frame and disintegrate upon impact rather than penetrate further.

Current Breaching Round Inventory
 Royal Arms TESAR-2 425 Grain Copper Frangible Breaching Round. Qty:
500 . Estimated cost of $1500.00 - $2000.00.
b. Purpose:

To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.
c. Authorized Use:

CPD SWAT officers who have been trained in their use. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are incorporated and SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team. Situations in which deployments would be authorized are outlined in CPD Policy 45- SWAT and Negotiations Management and would include high-risk incidents where the use of the device is required in order to expeditiously gain access to a fortified location. d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated to be $0.00 - $2000.00 per year for breaching round inventory and $500.00 annually for the shotguns. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of breaching rounds and/or breaching shotguns may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 12 8. Carbines
a. Description, Quantity, Capabilities, and Purchase Cost:

M4-style AR-15 shoulder-fire rifle chambered in .223 Remington (5.56 NATO) equipped with a non-magnified optic, sound suppressor, flashlight, modular handguard and adjustable sling. Qty: 135. Total Cost per unit is $2000.00.

Manufactures include Colt, Bushmaster, BCM, LWRC International, and Noveske.

Ammunition:
 Training: Winchester 55gr (80,000 rounds)
 Duty: Hornady TAP 75gr BTHP (30,000 rounds)
b. Purpose:

The carbine rifle is used by trained/certified officers during situations where more precision is needed, especially at a distance and beyond the capabilities of a handgun, and/or when the need to defeat soft body armor is required. c. Authorized Use:

Officers deploying a carbine rifle must have received California POST-certified training as set forth in the California Penal Code, and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the rifle. The use of this equipment is also determined by CPD Policy 300- Use of Force and CPD Policy 40- Discharge of Firearms by Police Officers. Situations that may warrant the deployment of a shoulder-fire rifle include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer reasonably believes that a suspect may be wearing body armor and/or a situation that requires more accurate and effective long range fire. d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost of $0.00 - $2500.00 for the rifles. The estimated cost of ammunition is $0.36 per training round and $0.67 for duty round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or carbine rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 13 9. Long Rifles
a. Description, Quantity, Capabilities, and Purchase Cost:

Accuracy International, model AXLE, chambered in .308 (7.62x51mm NATO) equipped with a precision magnified optic, sound suppressor, and bipod. Qty: 5.

Estimated cost per unit is $7500.00.

Accuracy International, model AXMC, chambered in .338 Lapua equipped with sound suppressor, precision optics, and bipod. Qty: 1. Estimated total cost is $9000.00.

Ammunition:
 .308 Duty and Training: Hornady TAP 175gr BTHP (8,000 rounds)  .338 Lapua – Ruag brand 250 gr HPBT( 2000 rounds)
b. Purpose:

The long rifle is used by CPD SWAT snipers who have received extensive marksmanship training to resolve high-risk situations where more precision is needed, especially at great distance, than a carbine rifle or handgun may provide, and/or when the suspect is likely to be wearing body armor. CPD SWAT sniper training includes a 40 hour basic long rifle/observer course as well as other advanced courses in addition to the estimated 120 hours of yearly training CPD SWAT officers undergo.
c. Authorized Use:

Used exclusively by CPD SWAT snipers. CPD SWAT officers deploying a long rifle must have received California POST-certified sniper/observer training and must meet CPD SWAT qualification requirements which includes at minimum qualification 3 times per year. CPD SWAT snipers use the standardized American Sniper Association qualification standards. An example of where a long rifle would be used would be in a hostage rescue situation to provide the ability to incapacitate the suspect from a safe distance with precision without harming the hostage. CPD SWAT snipers also operate as long range observers in tactical situations. The use of this rifle equipment is also determined by CPD Policy 300- Use of Force and CPD Policy 40- Discharge of Firearms by Police Officers, and CPD Policy 45- SWAT and Negotiations Management.
d. Expected Lifespan:

Estimated to be 20 years by the LMT and Accuracy International, however dependent upon operational usage and wear.
e. Fiscal Impact:

Estimated annual maintenance costs for the long rifles is $0.00 - $1000.00. The cost of ammunition is estimated to be $1.05 - $1.50 per round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or long rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 14 10.Pistol Caliber Carbine
a. Description, Quantity, Capabilities, and Purchase Cost:

Heckler and Koch MP5 SMG chambered in 9mm equipped with a non-magnified optic, sling, and flashlight. Qty: 16. Cost per unit $2000.00.

Ammunition:
 Training: 9mm 124gr FMJ (Winchester, Federal, Hornady). 8,000 rounds designated for the MP5.
 Duty: 9mm Federal 124gr +P HST. 8,000 rounds designated for the MP5. b. Purpose:

The pistol caliber carbine is used by trained/certified officers in instances where more precision is needed, especially at distance, than a handgun may provide, but where a carbine rifle would be too large and unwieldy, such as inside a confined space (vehicle or small room).
c. Authorized Use:

Officers deploying a pistol caliber carbine must have received California POSTcertified training as set forth in the California Penal Code, and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the firearm. The use of this equipment is also determined by CPD Policy 300- Use of Force and CPD Policy 40- Discharge of Firearms by Police Officers. Situations that may warrant the deployment of an MP5 SMG include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer is faced with a situation that requires more accurate and effective long range fire and/or where an officer reasonably expects the need to meet or exceed a suspect’s firepower.
d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

Estimated annual maintenance cost for the MP5 SMG is $0.00 - $1000.00. The estimated cost of ammunition is $0.23 per training round and $0.31 per duty round.

Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 15 11. Noise Flash Diversionary Devices
a. Description, Quantity, Capabilities, and Purchase Cost:

Noise Flash Diversionary Devices (NFDD). Qty: 100. Total Cost. $4500.00. A device that creates a bright flash and loud sound to temporarily divert the attention of a subject. NFDD are used to distract and temporarily disorient suspects during highrisk incidents by overwhelming their senses of vision and hearing. The distraction allows officers to seize the moment in an effort to take control of a situation without further exposing officers and/or community members to injury or death. CPD uses the CTS 7290M and CTS 7290 NFDD.
b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage during the resolution of a high-risk incident. c. Authorized Use:

Used exclusively by CPD SWAT officers in accordance with the SWAT procedural manual. Situations include but are not limited to hostage and barricaded person situations and high-risk incidents where the use of an NFDD would enhance officer and community safety in order to distract a violent or otherwise dangerous person to aid in the apprehension of the suspect.
d. Expected Lifespan:

Estimated to be 5 years.
e. Fiscal Impact:

No annual maintenance cost for NFDD. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of NFDD may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 16 12. Chemical Agents
a. Description, Quantity, Capabilities, and Purchase Cost:
 DefTech 1016- Pocket Tactical CS – Qty: 42. $19.40 per unit. The Pocket Tactical CS is small and lightweight. Emits CS for approximately 20-40 seconds. Used to provide a quick CS smoke screen as cover.  DefTech 1017- Pocket Tactical Saf-Smoke – Qty: 39. $17.95 per unit. The Pocket Tactical Saf-Smoke is small and lightweight. Emits smoke for approximately 20-40 seconds. Used to provide a quick smoke screen as cover.
 DefTech 1026- Pocket Chaser CS – Qty: 30. $37.05 per unit. The TripleChaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is used to provide a large CS Smoke screen in an outdoor setting. Emits CS for approximately 30-40 seconds.  DefTech 1032- Flameless Tri-Chamber CS - Qty: 12. $31.95 per unit. The design of the Tri-Chamber Flameless CS allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The CS is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. It will deliver approximately .70 oz. of agent during its 20-25 second burn time.
 DefTech 1072- Spede Heat CS- Qty: 29. $27.80 per unit. The Spede-Heat™ CS is a high volume device with continuous burn and expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. It is designed to be used outdoors.
 DefTech 1092- Han-Ball CS – Qty: 10. $29.80 per unit. Designed specifically for outdoor use in crowd management situations, the Han-Ball is a high volume, fast burning device that expels its payload in 10 - 25 seconds. It is excellent for the rapid delivery of chemical agent or smoke in quickly changing tactical situations. Due to the quick discharge time, throwback potential is greatly reduced.
 DefTech 1262- Ferrett 40mm CS Barricade Penetrating- Qty: 11. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.

Concord Police Department Military Equipment Report for 2022 17  DefTech 2262- Ferrett 40mm CS- Qty: 125. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.  CTS 5230B- CS Baffled Grenade- Qty: 22. $45.20 per unit. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. b. Purpose:

Chemical agents are a minimal force option used to generate compliance and aid in the de-escalation of high-risk incidents. Depending upon the delivery method, this equipment can be introduced in close proximity or from a distance. Based on the unique characteristics of each situation, trained/authorized officers will select the munition and deployment method which will be most effective and pose the least risk to all involved with the highest chance of success. Chemical agents can be used to saturate suspects, violent crowds, and/or areas of varied size, indoor and outdoor. c. Authorized Use:

Used exclusively by CPD SWAT officers who have received specialized California POST-certified training in the use of chemical agents and as outlined within CPD Policy 45- SWAT and Negotiations Management and CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment. Chemical agents can dislodge a suspect from a stronghold location with the least possible danger to community members, officers and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at community members and officers, and during limited situations of civil unrest. CPD SWAT officers that have been certified as Chemical Agent Instructors after attending a 40 hour POST/CATO Chemical Agent Instructor Course give a minimum of 10 hours of annual training to CPD SWAT officers.
d. Expected Lifespan:

No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
e. Fiscal Impact:

No annual maintenance cost for chemical agents. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of chemical agents may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 18 14. PepperBall Launcher and Projectiles
a. Description, Quantity, Capabilities, and Purchase Cost:

PepperBall Live and LiveX contains pelargonic acid vanillyl amide (PAVA), also referred to as Nonivamide, a capsaicinoid found in chili peppers that creates an unpleasant burning sensation.
 PepperBall VKS Launcher. Qty: 8. Cost $1300.00 per unit. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from an HPA tank air source and must be regularly refilled prior to use.
 PepperBall Inert Projectile – Qty: 500. Cost $0.80 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Maximum effective range is 60 feet.
 PepperBall Live Projectile – Qty: 500. Cost $2.58 per round. The basic PepperBall projectile contains 2% PAVA pepper powder, and is excellent for direct impact and area saturation, especially in confined, interior spaces.

Maximum effective range is 60 feet.
 PepperBall Glass Break – Qty: 20. Cost $2.45 per round. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals. Maximum effective range 60 feet.
 PepperBall VXR Inert – Qty: 20. Cost $3.10 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Maximum effective range is 150 feet.
 PepperBall VXR LiveX – Qty: 200 – Cost $4 per round. A more concentrated formula, containing approximately 10x the PAVA pepper powder of the LIVE projectile. Excellent for direct impact or area saturation. Maximum effective range is 150 feet.
 PepperBall PPC Launcher. Planned acquisition in 2024. Qty: 9. Cost of $800.00 per unit totaling $7200.00. The PPC is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from a C02 cartridge which allows it to be stored in the back of a patrol vehicle for rapid deployment.
b. Purpose:

To provide officers with a non-lethal force option to engage non-compliant or actively aggressive persons or animals at a distance. It may be used as a kinetic impact weapon with or without PAVA pepper powder projectiles, or to dispense PAVA without impacting an individual or animal. Use of this non-lethal force option would be in compliance with CPD Policy 300- Use of Force. The department is currently undergoing training with this new equipment item.

Concord Police Department Military Equipment Report for 2022 19 c. Authorized Use:

CPD officers who have been trained by the manufacturer to be Department Instructors will lead CPD officers through the 4 hour training and certification process prior to use. Any officer who has been trained and approved on the equipment may use the equipment when such use is supported by CPD Policy 300- Use of Force.

Training on the equipment will be in accordance with CPD’s less-lethal yearly training calendar.
d. Expected Lifespan:

Estimated to be 15 years for the launchers, 5 years for training projectiles and an estimated 3 years for non-training projectiles.
e. Fiscal Impact:

No anticipated annual maintenance cost for the launchers. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 20 15. Kinetic Impact Launchers
a. Description, Quantity, Capabilities, and Purchase Cost:
 Sage Ordnance Deuce 37mm launcher (two round capacity). Qty: 13. Cost per unit $800.00. To be traded-in upon receipt for DefTech 1425.  Sage Ordnance BML-37 37mm multi launcher (six round capacity). Qty: 8.

Cost per unit $1500.00. To be traded-in upon receipt for DefTech 1440.  DefTech 1425 40mm launcher (one round capacity) with optic and flashlight attached. Qty: 2. Cost per unit $1550.00. CPD ordered 14 additional launchers in June 2022 for a total cost of $21,959. Still awaiting delivery.  DefTech 1440 40mm launcher (four round capacity) with optic and flashlight attached. Cost per unit $3350.00. Qty: 0. CPD ordered 2 units in June 2022 for a total cost of $6,695. Still awaiting delivery.  Penn Arms P540-1 40mm launcher (six round capacity) with optic and light attached. Qty: 1. Cost per unit $2000.00
 Remington 870 12 gauge shotgun equipped with orange stock. Qty: 5. Used to launch DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Cost per unit $300.00.
b. Purpose:

To launch 40mm direct impact less lethal munitions by CPD officers or to launch 40mm chemical agent rounds by certified CPD SWAT officers in compliance with CPD Policy 300- Use of Force, and/or CPD Policy 45- SWAT and Negotiations Management, and/or CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment.
c. Authorized Use:

Officers who are properly trained and certified through CPD in-service training in compliance with California POST training standards (2 hours every 2 years), may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a force option in accordance with CPD Policy 300- Use of Force. Situations in which this equipment may be used include but are not limited to temporarily incapacitate or discourage an aggressive, armed, and/or non-compliant individual or animal at a distance safer to the officer which provides the opportunity to de-escalate the situation and potentially avoid the use of lethal force.

CPD SWAT officers may use the launchers to launch either kinetic impact rounds or, if trained, launch chemical agents in accordance with CPD Policy 300- Use of Force, and/or CPD Policy 45- SWAT and Negotiations Management, and/or CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment. d. Expected Lifespan:

Estimated to be 20 years for the DefTech launchers and unlimited for the Remington 870 Less Lethal impact weapons, both dependent upon operational usage and wear.

Concord Police Department Military Equipment Report for 2022 21 e. Fiscal Impact:

No known recurring cost for launchers and an estimated $0.00 - $500.00 annual maintenance cost for the Remington 870 less lethal impact weapons. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 22 16. Kinetic Impact Munitions
a. Description, Quantity, Capabilities, and Purchase Cost:

Less-lethal rubber and sponge batons are capable of assisting officers with overcoming resistance from violent persons and aiding in the de-escalation of highrisk situations.  37mm Sage Ordinance K01 Direct Impact Rubber Baton. Qty: 250. Cost per unit $21.00.
 40mm CTS 4557 Direct Impact Spin Stabilized Sponge Baton. Qty: 130.

Cost per unit $25.00.
 40mm DefTech 3625 Direct Impact Spin Stabilized Sponge Baton. Qty: 8.

Cost per unit $25.00. In 2022, CPD plans to purchase an additional 250 sponge baton munitions with the estimated cost of $6250.00.  12 gauge DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Qty:

50. Cost per unit $5.
c. Purpose:

CPD is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.

Kinetic impact munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. d. Authorized Use:

Officers who are properly trained may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a use of force option and in accordance with CPD Policy 300- Use of Force.
e. Expected Lifespan:

No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
f. Fiscal Impact:

No known maintenance cost for the munitions. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.

Concord Police Department Military Equipment Report for 2022 23 17. Long Range Acoustic Device
a. Description, Quantity, Capabilities, and Purchase Cost:

Genasys LRAD-100X. Qty: 1. Cost per unit $15,000. The LRAD 100X is a selfcontained, hand portable loud hailer that is 20-30 decibels (dB) louder than most megaphones. It provides clear communication at up to 1000 meters, 136dB maximum continuous output at 1 meter, and the ability to overcome 88 dB of background noise at 250 meters.
b. Purpose:

The CPD Crisis Negations Team uses the LRAD to establish communication with individuals who may be barricaded or are otherwise unable to be reached with a conventional public address system. This equipment is also used during high-risk situations such as search warrants where communications and notifications to the occupants of a structure are paramount.
c. Authorized Use:

CPD Crisis Negotiations team members take part in monthly department training ranging between an estimated 60-120 hours per calendar year. The use of the LRAD is reserved for these team members and training on the use of the LRAD is led and managed internally by team supervisors. The use of the LRAD is approved in training and during high-risk situations where the use of the LRAD for communications and notifications is appropriate as determined by the high-risk incident being managed by the Tactical/Incident Commander and normally attached to SWAT Missions as outlined in CPD Policy 45- SWAT and Negotiations Management.
d. Expected Lifespan:

Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:

There are no anticipated recurring costs associated with this equipment item.

Concord Police Department Military Equipment Report for 2022 24 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding the Concord Police Department’s possession and use of military equipment are addressed.

The Concord Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

In March of 2022, the Concord Department published its proposed Military Equipment Use Policy on its website along with its first annual report. It also held a community meeting on March 24, 2022, to discuss its new proposed policy and presented its inventory of equipment.

On September 27, 2022, the Concord Police Department reported to the Concord City Council and community about its use of UAV’s since the program went live in March 2022.

Community concerns and complaints can be received via the Department’s website, inperson at the police department or in the field during police contacts, telephone, emails and social media.

Since the adoption of Ordinance 22-6, CPD Policy 706 and 2022 Report, CPD has received no complaints and has had no internal investigations related to the use of the military equipment.

Concord Police Department Military Equipment Report for 2022 25 Crisis Response Unit Usage
The Crisis Response Unit (CRU) is comprised of two specialized teams: The Special Weapons and Tactics Team (SWAT) and the Crisis Negotiation Team (CNT). The unit has been established to provide specialized support in handling critical field operations where intense negotiations and/or special tactical deployment methods beyond the capacity of patrol officers appear to be necessary. While referred to as different “teams” both SWAT and CNT are in fact components of the CRU.

The Concord Police Department SWAT team is a designated part-time unit of personnel that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of patrol officers or investigative units. This includes, but is not limited to: hostage taking, barricaded persons, snipers, terrorist acts and other high-risk incidents. This team may be used to serve high-risk warrants, both search and arrest, where public and officer safety issues warrant the use of such a unit.

The Concord Police Department Crisis Negotiations Team provides skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies, or other situations where deemed appropriate.

Date Case Investigation Type Equipment Used Reason
9/8/2022 22-09434 Gang investigation
related to firearms and
narcotics possession
Kinetic Breaching Tool High-risk
search warrant
service
9/27/2022 22-09744 Robbery Kinetic Breaching Tool Search warrant service
10/24/2022 22-11138 Murder – Gun Armored Rescue Vehicle (Mamba MK1)
Armored Rescue Vehicle (Ford E-350)
Crisis Negotiation Van
SWAT Equipment Van
SWAT Transport Van
Tactical Dispatch Van
Unmanned Aerial Vehicle
Long Range Acoustic Device (LRAD)
High-risk
search and
arrest warrant
12/29/2022 22-13337 Attempted Murder –
Gun
Armored Rescue Vehicle
Crisis Negotiation Van
SWAT Equipment Van
SWAT Transport Van
Unmanned Aerial Vehicle
Robot
Long Range Acoustic Device (LRAD)
High-risk
search warrant
service

Concord Police Department Military Equipment Report for 2022 26 Unmanned Aerial Vehicle (Drone) Flights
During 2022, the Concord Police Department operated seven UAV, which are also known as small unmanned aircraft systems (sUAS), or more commonly “drones,” on active calls for service. These flights fall under CPD’s Policy 606.

All CPD officers piloting UAVs are licensed and fly under the authority of FAA 14 CFR Part 107 (Commercial Operators). During 2022, CPD had 13 UAV operators.

During 2022, the following UAV were in CPD’s inventory:

Qty Brand Model Use
3 Autel EVO 2 Exterior Search
2 Brinc Lemur Interior Search with 2-way Communication
2 Sky Hero Loki MkII Interior Search
2 Emax TinyHawk III Interior Training
The different types of UAVs fulfill specific requirements based upon the type of flight. For instance, the Autel EVO 2 is an exterior search drone that can operate outside and complies with FAA guidelines and is able to navigate with wind and other obstacles encountered outdoors.

The Brinc Lemur is designed to fly indoors and allows for 2-way communication between officers and persons inside a structure, while the Loki MkII is much smaller and can fly in tight quarters such as underneath a sofa or bed.

UAVs are rapidly evolving in design with the technology and features changing and being updated regularly. In order for CPD to maintain a current and robust program, it will need to adopt new technology as it becomes available and cycle out the old, with obsolete units either being traded-in to the manufacturer or relegated to a training platform.

Many single incidents or calls for service have multiple flights due to the device’s battery life or a mechanical issue. This list does not include training flights, test flights, or public demonstrations, but flights on actual calls for service.
2022 Concord Police Department UAV Flights on Calls for Service (Exhaustive List):

Date/Time Description of Flight Take-Off Location
Mar 18th, 2022
07:13PM
Locating individual who is missing or a danger to
themselves or others
Center Ave, Pacheco
Mar 26th, 2022
07:01PM
Locating individuals who are missing or a danger to
themselves or others
Robin Ln, Concord
Apr 5th, 2022
04:31PM
Locating individuals who are missing or a danger to
themselves or others
Treat Blvd, Concord
Apr 6th, 2022
04:22AM
Search and rescue Overhill Rd, Concord
Apr 6th, 2022
04:48AM
Search and rescue Overhill Rd, Concord
Apr 7th, 2022
01:23PM
Locating individuals actively fleeing or hiding in an
attempt to avoid apprehension
Highland Dr, Concord,
Apr 7th, 2022
01:30PM
Locating individuals actively fleeing or hiding in an
attempt to avoid apprehension
Highland Dr, Concord

Concord Police Department Military Equipment Report for 2022 27 Apr 16th, 2022
09:08PM
Locating individuals actively fleeing or hiding in an
attempt to avoid apprehension
Galindo St, Concord
Apr 24th, 2022
01:56PM
Locating individuals who are missing or a danger to
themselves or others
Monument Blvd, Concord
Apr 26th, 2022
11:59AM
Locating individuals actively fleeing or hiding in an
attempt to avoid apprehension
Monument Blvd, Concord
Apr 24th, 2022
08:56PM
Locating individuals who are missing or a danger to
themselves or others
Monument Blvd, Concord
Apr 26th, 2022
03:24PM
Locating individuals actively fleeing or hiding in an
attempt to avoid apprehension
Monument Blvd, Concord
Apr 26th, 2022
05:22PM
Search for barricaded persons and other high-risk
tactical operations
Santa Rita Road, Concord
Apr 26th, 2022
05:40PM
Search for barricaded persons and other high-risk
tactical operations
Santa Rita Road, Concord
May 11th, 2022
10:21AM
Injury collision scene photos Willow Pass Rd, Concord
May 11th, 2022
02:35PM
Search of school for bomb threat Wren Ave, Concord
May 11th, 2022
03:01PM
Search of school for bomb threat Wren Ave, Concord
May 30th, 2022
09:57AM
Search for subject with a gun Mountain View Dr, Concord Jul 22nd, 2022
07:27PM
Search for wanted felony suspect Willow Pass Rd, Concord Jul 30th, 2022
04:24PM
Search & Rescue mission to locate runaway autistic
child
San Miguel Rd, Concord
Jul 30th, 2022
04:26PM
Search & Rescue mission to locate runaway autistic
child
San Miguel Rd, Concord
Aug 17th, 2022
11:35AM
Searching for discarded evidence Clark Ln, Concord
Aug 17th, 2022
11:58AM
Searching for discarded evidence Clayton Rd, Concord
Aug 17th, 2022
06:32PM
Collision scene photos/video Lacey Ln, Concord
Aug 18th, 2022
04:09PM
Search for missing person Scenic Ct, Concord
Aug 19th, 2022
10:09PM
Search for missing person Pine St, Concord
Aug 22nd,
2022 02:00AM
Area check for suspect W2RG+4W Concord
Aug 22nd,
2022 02:26AM
Area check for suspect W2RG+4W Concord
Aug 22nd,
2022 02:28AM
Area check for wanted suspect Pine Hollow Rd, Concord
Sep 14th, 2022
06:20AM
Serving search warrant for Internet Crimes Against
Children Taskforce/DA's office
Chestnut Ave, Concord
Sep 14th, 2022
06:25AM
Serving search warrant for Internet Crimes Against
Children Taskforce/DA's office
Chestnut Ave, Concord
Sep 14th, 2022
06:40AM
Serving search warrant for Internet Crimes Against
Children Taskforce/DA's office
Chestnut Ave, Concord
Sep 15th, 2022
06:41PM
Perimeter/Over watch for residential burglary in
progress
Fox Way, Concord
Sep 15th, 2022
07:05PM
Perimeter/Over watch for residential burglary in
progress
Fox Way, Concord

Concord Police Department Military Equipment Report for 2022 28 Sep 16th, 2022
05:13AM
Search for subject reported trespassing on roof of
apartment complex
Galindo St, Concord
Sep 22nd,
2022 03:07AM
Checked scene of house fire for hot spots (Thermal) Orange St, Concord Sep 22nd,
2022 07:04AM
Search Warrant for robbery investigation Sequoia Dr, Antioch Sep 22nd,
2022 07:12AM
Search Warrant for robbery investigation Sequoia Dr, Antioch Sep 23rd, 2022
06:14PM
Aerial check for armed suspect downtown Pacheco St, Concord Sep 23rd, 2022
06:26PM
Aerial search and over watch for armed suspect
downtown
Mt Diablo St, Concord
Sep 23rd, 2022
06:39PM
Aerial search and over watch for armed suspect
downtown
Mt Diablo St, Concord
Sep 23rd, 2022
06:44PM
Aerial search and over watch for armed suspect
downtown
Mt Diablo St, Concord
Sep 23rd, 2022
07:04PM
Aerial search and over watch for armed suspect
downtown
Mt Diablo St, Concord
Sep 26th, 2022
09:52PM
Requested to fly over Lime Ridge open space to
search for a missing person
Ridgestone Ct, Walnut Creek
Sep 26th, 2022
10:03PM
Requested to fly over Lime Ridge open space to
search for a missing person
Ridgestone Ct, Walnut Creek
Sep 26th, 2022
10:50PM
Requested to fly over Lime Ridge open space to
search for a missing person
Rosehedge Ct, Concord
Sep 27th, 2022
06:45PM
Searching for wanted sexual assault suspect Contra Costa Blvd, Pleasant Hill Sep 27th, 2022
07:06PM
Searching for wanted sexual assault suspect Contra Costa Blvd, Pleasant Hill Sep 27th, 2022
07:16PM
Searching for wanted sexual assault suspect Contra Costa Blvd, Pleasant Hill Sep 27th, 2022
07:32PM
Searching for wanted sexual assault suspect Contra Costa Blvd, Pleasant Hill Sep 27th, 2022
07:42PM
Searching for wanted sexual assault suspect Contra Costa Blvd, Pleasant Hill Sep 27th, 2022
08:06PM
Searching for wanted sexual assault suspect Contra Costa Blvd, Pleasant Hill Sep 30th, 2022
02:09AM
Collision investigation photos Tilley Cir, Concord
Sep 30th, 2022
02:11AM
Collision Investigation photos Tilley Cir, Concord
Sep 30th, 2022
02:14AM
Collision investigation photos Tilley Cir, Concord
Oct 1st, 2022
07:10AM
Sunshine Drive shooting Sunshine Dr, Concord
Oct 1st, 2022
07:15AM
Sunshine Drive shooting Sunshine Dr, Concord
Oct 1st, 2022
07:24AM
Sunshine Drive shooting Sunshine Dr, Concord
Oct 5th, 2022
03:45PM
Subject in mental health crisis entered the SV Mall
claiming he had a gun and would shoot people.

UAV used to establish visual and allow a CNT
officer to communicate with him. Subject
subsequently surrendered.

Sun Valley Mall, Concord
Oct 7th, 2022
03:06PM
Missing subject with disability - did not locate Erie Dr, Concord

Concord Police Department Military Equipment Report for 2022 29 Oct 12th, 2022
06:56AM
Serving search warrant for Internet Crimes Against
Children Taskforce/DA's office
Morgan Dr, San Ramon
Oct 13th, 2022
02:47PM
Safe Streets Task Force Welcome Ave, Concord
Oct 15th, 2022
11:14PM
Search for missing person at risk La Vista Ave, Concord Oct 16th, 2022
12:23PM
Aerial pictures and video for collision investigation Court Ln, Concord Oct 16th, 2022
07:55PM
Search for missing person at risk Willow Pass Rd, Concord Oct 17th, 2022
12:13AM
Outside assist Antioch robbery suspects had open
line from stolen cellphone pinging to the area of the
golf course. Unable to access golf course and
drone used to check area
Arnold Industrial Way, Concord
Oct 21st, 2022
04:16AM
Assisted CFD during a structure fire using FLIR
capable drone to spot hotspots on the affected
building and surrounding structures
Willow Pass Rd, Concord
Oct 21st, 2022
04:37AM
Assisted CFD during a structure fire using FLIR
capable drone to spot hotspots on the affected
building and surrounding structures
Willow Pass Rd, Concord
Oct 21st, 2022
05:01AM
Assisted CFD during a structure fire using FLIR
capable drone to spot hotspots on the affected
building and surrounding structures
Willow Pass Rd, Concord
Oct 21st, 2022
05:22AM
Assisted CFD during a structure fire using FLIR
capable drone to spot hotspots on the affected
building and surrounding structures
Willow Pass Rd, Concord
Oct 21st, 2022
05:49AM
Assisted CFD during a structure fire using FLIR
capable drone to spot hotspots on the affected
building and surrounding structures
Willow Pass Rd, Concord
Oct 23rd, 2022
11:07PM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
12:04AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
12:30AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
12:53AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
01:22AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
01:51AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
02:15AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
02:33AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
02:58AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
03:21AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
03:43AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
04:07AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
04:27AM
Attempt murder investigation Chestnut Ave, Concord

Concord Police Department Military Equipment Report for 2022 30 Oct 24th, 2022
04:49AM
Attempt murder investigation Chestnut Ave, Concord
Oct 24th, 2022
08:01AM
Searching canal for report of male armed with a rifle Stanwell Dr, Concord Oct 24th, 2022
08:16AM
Searching canal for report of male armed with a rifle Stanwell Dr, Concord Oct 25th, 2022
05:12PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 25th, 2022
05:29PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 25th, 2022
05:46PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 25th, 2022
06:09PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 26th, 2022
04:31PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 26th, 2022
04:41PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 26th, 2022
06:01PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 27th, 2022
04:55PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 27th, 2022
05:06PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 27th, 2022
05:28PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 27th, 2022
05:46PM
Child sexual assault suspect apprehension over
watch
Brandywine Way, Walnut Creek
Oct 31st, 2022
10:02PM
Outside assist stolen vehicle investigation 22 Teal Ct, Pittsburg Nov 1st, 2022
04:28PM
Brandishing of a gun involving a neighbor dispute 2 G St, Concord Nov 1st, 2022
04:42PM
Brandishing of a gun involving a neighbor dispute 2 G St, Concord Nov 1st, 2022
08:59PM
Fatal collision investigation Treat Blvd, Concord
Nov 1st, 2022
09:03PM
Fatal collision investigation Treat Blvd, Concord
Nov 1st, 2022
09:06PM
Fatal collision investigation McKean Pl, Concord
Nov 1st, 2022
09:08PM
Fatal collision investigation McKean Pl, Concord
Nov 5th, 2022
11:35AM
Provided aerial coverage over the house of a felony
warrant child sexual assault suspect. Maintained
visual of the house until subject was spotted by
drone entering his vehicle. Information was then
relayed to other officers who made the arrest
Olivera Ct, Concord
Nov 5th, 2022
11:59AM
Provided aerial coverage over the house of a felony
warrant child sexual assault suspect. Maintained
visual of the house until subject was spotted by
drone entering his vehicle. Information was then
relayed to other officers who made the arrest
Olivera Ct, Concord
Nov 5th, 2022
12:23PM
Provided aerial coverage over the house of a felony
warrant child sexual assault suspect. Maintained
visual of the house until subject was spotted by
Olivera Ct, Concord, CA

Concord Police Department Military Equipment Report for 2022 31 drone entering his vehicle. Information was then
relayed to other officers who made the arrest
Nov 8th, 2022
01:11AM
Attempt to locate possible armed subject Diamond Blvd, Concord Nov 11th, 2022
02:00PM
Call for service about a subject with a gun at the
park. Deployed drone for aerial coverage in order to
safely get a visual of the subject. As drone was
deployed, subject left the park and was arrested by
CPD ground units. Arrest captured on drone video
Encima Dr, Concord
Nov 27th, 2022
09:17AM
Aerial search of Lime Ridge Open Space for
suspect of brandishing and assault with a deadly
weapon. Search of trail/open space conducted,
suspect was not located. Flight had evidentiary
value
Terrace Dr, Concord
Nov 28th, 2022
10:22AM
Suspicious circumstance possible man with a gun at
Concord HS
Mulberry Dr, Concord
Nov 28th, 2022
06:51PM
Assault with a knife. Flew overhead with infrared to
assist in clearing backyard
Detroit Ave, Concord
Nov 30th, 2022
06:56AM
Serving search warrant for Internet Crimes Against
Children Taskforce/DA's office
Alhambra Drive, Antioch
Dec 18th, 2022
10:17AM
Searched for subject wanted to for narcotics sales Meadow Ln, Concord Dec 22nd,
2022 11:28PM
Conducted an air search for a suspect who was
seen jumping over a fence into a construction zone.

I did not locate anyone inside
Clayton Rd, Concord

Concord Police Department Military Equipment Report for 2022 32 Projected Equipment Acquisition and Replacement in 2023 Ammunition, projectiles, cartridges, batteries, and other expendable and maintenance supplies are ordered and replaced on an as needed basis throughout the year in order to maintain an adequate supply for training and actual deployment.

Ordered and Awaiting Receipt:

Item Qty Date Ordered Cost
DefTech 1425 Single 40mm Launcher 14 6/14/22 $21,959
DefTech 1440 Multi 40mm Launcher 2 6/14/22 $6,695
The Armored Group (TAG) Ford T350 Armored Rescue
Van
1 Week of 3/8/23 $180,535
The ordered DefTech 40mm launchers will replace the 37mm SAGE launchers, which will be cycled out of service and traded-in to the vendor.

The TAG Ford T350 Armored Rescue Van will replace the 1993 Ford E350 currently in inventory that has reached end of life. This van has no offensive capabilities and is a standard commercial Ford T350 with the addition of ballistic armor and transparent ballistic glass.

Planned Order:

Item Qty Cost
Aardvark Kinetic Breaching Tool 1 $9,650
Brinc Lemur2 UAV Kit 1 $21,999
Autel EVO Max 4T 1 $8,499
SkyHero Loki MkII 2 $10,885
The additional Aardvark KBT will supplement the one unit already in service. The additional unit will be available should the existing unit in inventory malfunction or be deployed in separate place (for instance two search warrants being executed simultaneously).

The two additional SkyHero Loki MkII UAV are needed due to the brief battery life for each unit and each unit being paired to single controller. Operationally, interior drones like the Loki MkII are much more susceptible to being taken out of service while on a call due to environmental conditions inside structures (blinds, plastic bags, hanging lights, clothing, etc.). On actual calls for service, more than one unit is often needed.

The Brinc Lemur2 is an interior search UAV with 3D mapping technology and an extended battery life. The Lemur2 also has the ability to stream footage recorded by the unit to multiple cell phones, which the Lemur does not, as well as having enhanced obstacle awareness. The interior 3D mapping technology alone will give officers the ability to create a map or plan of a structure prior to entry or when attempting to locate persons.

The Autel EVO Max 4T is an exterior search UAV and a more advanced version of the EVO 2 currently in use by CPD. It has an IP43 weather rating meaning it can fly in the rain, which our current exterior UAV, the Autel Evo 2 cannot. It has an extended flight range and time as well as enhanced obstacle avoidance.

Concord Police Department Military Equipment Report for 2022 33 Conclusion
This Annual Military Equipment Report reaffirms the Concord Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Concord Police Officers to better serve and protect our community, enhance the safety of officers, and bring critical incidents to a safe resolution.

Policy
706
Concord Police Department
Policy Manual
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Attachment 2

Concord Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 2
706.2 POLICY
It is the policy of the Concord Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Concord Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 706_Military Equipment_Attachment.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Concord Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with this policy. Military Equipment used by other jurisdictions that are providing mutual aid to this Department, or are operating in conjunction in a law enforcement capacity with this Department, should comply with their respective Military Equipment use policies. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 COMMUNITY CONCERN AND COMPLAINT PROCEDURE
The Chief of Police, or his/her designee, will ensure that all Concord Police Department members comply with this policy. Any person may register complaints or concerns regarding this Policy or

Concord Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.

Published with permission by Concord Police Department
Military Equipment - 4
submit a question regarding this Policy using the Citizen Report Procedure and Form available on the Concord Police Department website (www.cityofconcord.org/police).

California Assembly Bill 481:

Police Use of Military Equipment
2022 Report and 2023 Inventory

KEVIN HALM, PROVISIONAL LIEUTENANT
APRIL 11, 2023
1

Military Equipment Defined by AB 481
•Military Equipment, as used in AB 481, does not mean it came from or is used by the military
• AB 481 defined several categories of equipment
• The Concord Police Department only currently has one item which was obtained as military surplus (CalOES 1033 program)
2

Actions Taken by City of Concord in 2022
• March 2022 - Published its proposed policy along with its inaugural report • Established a concern/complaint process through our Professional Standards Unit • March 24, 2022 - Held a community meeting and discussed the new proposed policy and presented its inventory of equipment
• April 12, 2022 - City Council approved Ordinance 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy and Inventory • September 27, 2022 - Reported to the City Council and about its use of drones 3

Actions Taken by City of Concord in 2023
• Need for a replacement armored rescue van was identified and approved by City Council as part of ARPA funding on February 7, 2023
• Supplemental equipment needs identified based upon use during the past year • March 15, 2023 - Published a detailed annual report
• March 22, 2023 - Police Department held a virtual community meeting 4

Virtual Community Meeting
• Advertised via City website, social media and other news sources such as Claycord.com and NBC Bay Area News
• The meeting was held via Zoom on Wednesday, March 22, 2023 • Two people attended the English meeting and no one attended the Spanish meeting • Staff contact information was provided
•To date there have been no questions or comments regarding the report or inventory 5

Concord PD Equipment Inventory
6

Why This Equipment Is Needed
Our Goal is to bring safe and peaceful resolution to critical incidents with minimal harm to the involved parties, including officers and the community.

Equipment included under AB 481 provides distance and time allowing officers to establish communication with the involved parties which in turn may give them time to de-escalate the situation.

It can provide a ballistic shield to rescue trapped or critically injured individuals involved in dangerous incidents.

Less and non-lethal tools included under AB 481 provide officers with non-lethal or lesslethal options to using lethal force. 7

Use Example in 2022
8 October 5, 2022 – Sunvalley Mall

Sample of Drone Use in 2022
9

Proposed Acquisition in 2023
Ordered and Awaiting Receipt:

Planned Order:
10

Request for Council Action
The adoption of a Resolution accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, determining to continue Ordinance 22-6 and Concord Police Department Policy 706:

Military Equipment, and determining that each type of military equipment identified in that report has complied with the standards for approval pursuant to Ordinance 22-6 and AB 481.
11

Staff Report
Date: April 11, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Michael Hart, Associate Planner
[email protected]
(925) 603-5821
Subject: Considering the following actions:

1. Adoption of a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with storefront retail for Infinity Assets Concord LLC (dba “Cookies”) at 5121 Port Chicago Highway, APN 159-040-037 (PL22021 – AP, ME, DR, DA);
and

2. Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of
Concord and Infinity Assets Concord LLC (dba “Cookies”) regarding the development of property located at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME,
DR, DA) by reading of the title only and waiving further reading.

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

Report in Brief
The City Council is requested to consider an Administrative Permit, Minor Exception, Design and Site Review, and an Ordinance for a Development Agreement with Infinity Assets Concord, LLC (dba “Cookies”) to establish a cannabis microbusiness with a

11.a

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
storefront retail component at 5121 Port Chicago Highway, subject to Conditions of Approval.

Recommended Action

1. Adopt a Resolution (Attachment 1) approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with storefront retail for Infinity Assets Concord LLC (dba “Cookies”) at 5121 Port Chicago Highway, APN 159-040-037 (PL22021 – AP, ME, DR, DA); and

2. Introduce an Ordinance approving and adopting a Development Agreement between the City of Concord and Infinity Assets Concord LLC (dba “Cookies”) regarding the development of property located at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME, DR, DA) (Attachment 2) by reading of the title only and waiving further reading.

Background
Infinity Assets Concord (“Infinity Assets”) is proposing a cannabis microbusiness with a storefront retail component, including retail delivery. The company owns and operates two cannabis businesses, which includes a manufacturing business and a distribution business located in Sacramento. Infinity Assets was one of six cannabis businesses selected by the City Council through the established competitive selection process that took place on May 25 and 26, 2020.

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). 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.

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
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 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 (generally an Administrative Permit and Design and Site Review, in addition to project specific planning permits, such as the Minor Exception required for Infinity Assets), 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. The Administrative Permit, Minor Exception, and Design and Site Review are typically approved by the Planning Division; however, because only the City Council is authorized to approve a Development Agreement, 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, 11 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 as well as any other required land use approvals. The selected businesses include:
 Storefront Retail (3 licenses available):
o Authentic Concord, LLC (Rank 1, City Council approved) o Culture Club Corporate Enterprise (Rank 2, City Council conducted the first reading of the Development Agreement ordinance)
o Coastal Retail Concord, LLC dba Coastal (Rank 3, operational)  Microbusiness (2 licenses available):
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.

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
o Kolaboration Concord, LLC dba Coco Farms (Rank 1, operational) o Infinity Assets Concord, LLC (Rank 2, subject application)  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 and land use applications are under staff review)
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.

Infinity Assets (hereafter also referred to as “Applicant” or “Developer”) is the fifth of the six selected businesses and the second microbusiness3 to be considered through this process. Infinity Assets submitted their CCL application on June 11, 2021. The CCL application was deemed complete on September 17, 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 CMC.

On February 21, 2022, Infinity Assets filed applications for an Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement. On March 8, 2022, the Development Advisory Committee (DAC) reviewed the project and provided comments regarding parking, trash enclosure design, and security. The project was deemed incomplete on March 23, 2022.

On April 19, 2022, and June 7, 2022, Infinity Assets resubmitted application materials and it was deemed complete on July 29, 2022.

On August 4, 2022, the Applicant submitted revised plans updating the layout of the retail space of the microbusiness.

On September 22, 2022, the Design Review Board (DRB) conducted a preliminary design review and provided comments regarding landscaping, lighting, and façade and trash enclosure design. On December 13, 2022, the Applicant resubmitted plans based on the DRB’s comments.

On January 26, 2023, the DRB reviewed the project and recommended Design and Site Review approval, subject to conditions that include requiring the trash enclosure 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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to be flush with the back of the rear wall of the building and adequate lighting in the front parking lot area.

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. In the case of Infinity Assets, a Minor Exception is also required for parking.

Development Code Section 18.405.010 requires all applications associated with a project to be “filed, processed, reviewed, and approved or disapproved concurrently by the highest level of authority required for any one application.” The City Council is the decision-making body on the Development Agreement. Therefore, the Administrative Permit, Minor Exception, and Design and Site Review applications that would typically require a staff-level decision must be considered concurrently with the Development Agreement by the City Council, subject to a recommendation of the Planning Commission.

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 the highest level of authority required for any one application.” Because the City Council is the decision-making body on the Development Agreement, the Administrative Permit, Minor Exception, and Design and Site Review applications that would typically require a staff-level 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 Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement on March 1, 2023. The Planning Commission received one comment via email (Attachment 5) and one person spoke during public comment at the hearing. The emailed comment indicated a lack of support for all cannabis businesses in the City of Concord, and the oral comment received during the hearing was from a neighboring tenant who expressed his support of the proposed cannabis business. On a unanimous 4-0 vote (AYES: Laub, Corio, Barbour, Mizutani), the Planning Commission recommended approval to the City Council of the Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement.

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Project Description and Analysis
A. Location
Figure 1: Location of Subject Property
B. Applicant/Owner
Applicant
Infinity Assets Concord LLC
Attn: Miguel Rodriguez
3130 Balfour Rd D267
Brentwood, CA 94513
Owner
LRC67, LLC
Attn: Frank Carozza
4060 Pike Lane
Concord, CA 94520
C. Project Description
Infinity Assets is a cannabis microbusiness proposed to operate within an existing building located at 5121 Port Chicago Highway. The microbusiness would include storefront retail (commonly referred to as a “dispensary”), cultivation, and distribution (transports cannabis and cannabis products between cannabis licensees). The Applicant will also be conducting retail delivery as part of the storefront retail component of the business. The business plans to hire approximately 43 full-time employees primarily from the Concord community.

Infinity Assets is proposing to occupy 12,080 square feet of an existing approximately 38,850 square foot multi-tenant light industrial building that is divided between two parcels. The total square footage of the building on the parcel that Infinity Assets will be occupying is approximately 20,648 square feet.

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The remaining building area and tenant spaces are occupied by other commercial businesses. The cannabis microbusiness’ storefront retail area (2,109 square feet) is accessible to the public from its primary entrance located on the east side of the building, between 7:00 a.m. and 10:00 p.m., seven days per week. The hours of operation for the other components of the microbusiness will be the same. The remaining floor area (approximately 9,971 square feet) will be used for offices (2,644 square feet), cultivation (6,713 square feet), and distribution and retail delivery of cannabis products (596 square feet). A staff entrance is located on the west side or rear of the building and only accessible through a gated parking area. The proposal includes exterior upgrades to the building to enhance its visual appearance as well as interior changes to accommodate their business operations. Improvements to the site include upgrades to the landscaping as well as changes to the façade of their tenant space, including new paint, materials, and a pop-out element.

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 September 7, 2021.

D. Site Description and Surrounding Land Uses
The subject property is located north of State Route 4 on the west side of Port Chicago Highway and is developed with a multi-tenant light industrial and office building. The business will occupy the central portion of the multi-tenant building.

The front or eastern portion of the site provides parking for customers. Employee parking for Infinity Assets and the adjoining tenant are located at the back or western portion of the site and secured with perimeter fencing and gate accessed by employees only. Vehicular site access is provided via two existing driveways from Port Chicago Highway. Existing landscaping is primarily located along the front property line and adjacent to the front of the building. Surrounding land uses include light industrial, warehouse, and office uses.

Table 1: Surrounding Land Uses
Land Use General Plan Designation Zoning
North,
South
Office/commercial
uses
Business Park Industrial Business
Park (IBP)
East Office uses Business Park Office Business Park
(OBP)
West Office uses Business Park Office Business Park
(IBP)

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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 allowed 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 second of its kind4 in the City of Concord and the only microbusiness with cultivation and a 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. 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 43 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). 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, as well as a microbusiness with storefront retail component that was approved by City Council in March of 2022.

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The project includes indoor cultivation and distribution at a scale consistent with light industrial uses. As explained above, the project would generate approximately 43 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 the addition of a pop-out feature to highlight the primary entrance to the building, updating the building’s façade by adding vertical corrugated metal panels and repainting, 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 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 applicable policies contained in the General Plan.

F. Zoning and Development Regulations
The property is zoned Industrial Business Park (IBP). The proposed business is classified as a cannabis Microbusiness use, which is allowed within the IBP

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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 modifying the parking lot to account for the required ADA path of travel, provide new landscape fingers with shade trees, and to make the parking lot stall striping more visible, but no major changes to the layout or design of the parking stalls is proposed. The primary access to the site is from Port Chicago Highway via a driveway located at the northeast corner of the property, which is shared with the property located north of the site. Customers can also access the site through the parking lot located to the south, with driveway access located at the southeast corner of the adjacent property. In addition, the applicant will be installing a new bike rack located near the customer entrance, as well as bollards for safety and security. 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 August 31, 2022, Kittelson & Associates prepared a Local Transportation Review (Attachment 4) for the project on behalf of the City. The purpose of the review 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 review 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 review further found the amount of trips generated by the proposed project is not anticipated to have adverse effects on the local transportation infrastructure.

I. Parking
Vehicle Parking. A total of 42 on-site parking spaces are required for the site based on the following uses for the building located on the subject site. 5 Sensitive uses include schools, child day care facilities, or youth community centers as defined in Chapter 5.80 (Cannabis).

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Table 2: Required Parking6
Area of Work
Proposed Uses Floor Area Parking Ratio Parking Req’d.7
A – Cultivation 7,307 sq. ft. 1 space/1,000 sf 8
B – Retail 2,160 sq. ft. 1 space/250 sf 9
C – Office 2,657 sq. ft. 1 space/250 sf 11
Adjacent Space (Not in Scope)
Existing Uses Floor Area Parking Ratio Parking Req’d.6
A – Office Area 1,667 sq. ft. 1 space/250 sf 7
B – Other Area 6,857 sq. ft. 1 space/1,000 sf 7
Totals 20,648 sq. ft. N/A 42
The applicant is proposing a total of 44 parking stalls on the site, thus exceeding the minimum parking required for the proposed and existing uses. A minor exception is required for the two extra parking stalls and is discussed in Section J.

Bicycle Parking. A total of six bicycle parking spaces are also proposed at the entrance of the retail space. The project would require at least two short term bicycle parking, and four long term bicycle parking spaces. These spaces will be covered by the overhang at the entrance of the retail space, located next to a posted security guard.

The Development Code requires at least 50 percent of the required long-term bicycle parking to be covered. Additionally, the Development Code requires longterm spaces meet one of following: 1) located in an enclosed bicycle locker; 2) located in a fence, covered, locked, or guarded bicycle storage area; or 3) located on a rack or stand inside a building that is within view of an attendant or security guard or visible to employees. Although the proposed long-term bicycle parking spaces technically satisfy the Development Code requirements, staff is recommending the following condition of approval to enhance the usability and security of the long-term bicycle parking spaces.

Condition of Approval #76: Applicant shall provide a plan for long-term bicycle parking for review and approval by the Planning Division prior to submittal of a Site Development Permit. The long-term bicycle parking spaces shall be made available to all employees of the site and comply with at least one of the 6 Parking calculations only account for the parcel that the tenant space is located on, not for all buildings and sites developed as part of the business park.
7 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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following: 1) located within an enclosed bicycle locker; and/or 2) located within the secure and gated employee parking area behind the building.

Loading Area. As required by the Concord Development Code (CDC), a loading area is proposed in the rear of the building, accessed within the gated employee parking area. This area will be used for the distribution and retail delivery portion of the business.

J. Minor Exception
As discussed above, the project is exceeding the required number of parking spaces by two by providing 44 spaces when 42 spaces are required. Pursuant to CDC Section 18.160.040(D), excess parking of up to ten percent of the parking requirement may be allowed subject to approval of a minor exception. Pursuant to CDC Section 18.425.060, the following findings must be made in order to grant a minor exception:

1. No practical alternative exists that will result in a superior project with regard to its appearance, relationship with existing buildings and improvements, visibility, and impacts to neighboring properties including privacy, noise, view, and lighting impacts.

While no additional parking would be required at this site, the nature of the cannabis storefront retail use could attract a sizeable customer base, as well as needed employee parking for the employees of the retail use and the cultivation/distribution components of the microbusiness. The parking area and surrounding landscaping has been reviewed and recommended for approval by the Design Review Board to ensure that the design will upgrade the existing appearance of the site. The Applicant will also be bringing the parking area more into compliance with Development Code requirements with the addition of landscape strips with shade trees.

Therefore, no practical alternative exists that would result in a superior project.

2. Other provisions of the development code will not be compromised.

No other provisions of the Development Code are compromised by the allowance of two additional parking stalls on the site. The Applicant is still able to comply with all required code standards, including parking stall size, short and long term bicycle parking, parking lot lighting, and ADA parking and path of travel requirements.

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3. No negative impact will result.

No negative impact will result due to the addition of two additional parking stalls at the site. The business is anticipated to attract a large amount of customers for the cannabis storefront retail, as well as a number of employees for the other components of the microbusiness. While excess parking is not required, it will help alleviate any potential concerns of inadequate parking at this location.

4. The project will otherwise comply with all applicable development code standards and requirements.

The project, as designed, complies with all applicable Development Code standards and requirements, including requirements for parking lot lighting, ADA parking and path of travel, and bicycle parking.

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 Agreement was negotiated between Infinity Assets and the City Attorney’s Office (Exhibit A of Attachment 2). The 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 Infinity Assets’ 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 also an option for a discretionary second extension of five years, if approved by the City Council.
 Vested Rights. The Applicant shall have the vested right to develop the property and operate the cannabis business in accordance with and subject to applicable City regulations, the project approvals, and the Agreement. Fees (i.e. impact fees, processing fees, etc.) are also vested on the effective date of the Agreement.

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 Applicable Laws. With the exception of certain laws relating to cannabis businesses and land use and development, all other laws are not affected by the Agreement. For land use and development, all laws and regulations at the time the 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 Agreement is executed are applicable to the project. Any new laws 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 accessories8. 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.
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;
8 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 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 Infinity Assets shall conduct an annual review to confirm that the terms of the 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 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 components to Infinity Assets’ specific voluntary community benefits, which were presented to the City Council as part of the interview and

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selection process, are as follows:
o Developer Contributions:
 One percent (1%) of Developer’s Cannabis Business Gross Revenues, or $20,000 (whichever is greater) to the City’s Cannabis Community Benefit Fund on an annual basis.
 Five percent (5%) of Developer’s Cannabis Business Gross Revenues to the City’s General Fund on an annual basis. o Volunteer Hours:
 At least four volunteer hours per cannabis business owner and per on-site employee each month. Additional details of the volunteer program are outlined in detail in the Community Benefits exhibit. o Labor and Social Diversity:
 Developer has signed a Labor Peace Agreement with Teamsters Joint Councils #7 and #42 and will abide by the terms of that Agreement.
 Adhering to the Developer’s Community Inclusion Plan to support underrepresented individuals in Concord by adopting recruitment, hiring and personnel development procedure to ensure that these individuals are afforded an equal opportunity to be hired and fairly compensated.
 Support to underrepresented individuals in Concord by purchasing products, supplies and/or services from small, diverse local business within the community.
 Hiring shall give preference to Concord residents and persons, with the goal that 80 percent of on-Site employees will live in Concord or immediately adjacent Contra Costa Cities.
 Provide an hourly wage of at least $19 per hour for its On-Site employees. Full-time employee salaries and wages will not fall below $39,520 per year.
 Provide fill-time employees with benefits, including subsidized health, vision, and dental insurance, sick leave and paid time off, paid holidays, and retirement programs to all employees of the cannabis business.
 Partnership with local non-profit organizations and business partners.
 Development of the “Priority Concord” program, which is designed to guide the Developer’s decision-making when considering not only vendors and suppliers but also strategic partners and

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community advocates. This includes establishing a marketing program that offers discounts and promotion for local tourist attractions and businesses in Concord.
o Neighborhood Compatibility Plan:
 Infinity Assets 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 Agreement:

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

The proposed cannabis microbusiness with a storefront retail component includes cultivation and distribution that are consistent with the uses envisioned by the Business Park designation. Additionally, as discussed in Section E, the project is consistent with a number of policies within the General Plan, by providing employment generating uses that place an emphasis on hiring Concord residents. No specific plan applies to the project.

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

Cannabis microbusinesses with a storefront retail component are allowed in the IBP zoning district with the approval of an Administrative Permit and via the 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 with the exception of the project exceeding its parking requirement, for which a Minor Exception is requested, and the appropriate findings can be made as discussed in Section J. 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.

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Approval of the Agreement will not be detrimental to the health, safety, and general welfare of residents of the City. The Agreement, Conditional City Cannabis License, 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 Agreement contains commitments from the Applicant, 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 changes to the exterior of the building, including a new entry feature, materials, 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 a 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 the Applicant 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.

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 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. 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 east side facing the front property line on Port Chicago Highway. The front of the building includes the most architectural detailing with varying materials, colors, and landscape green screens of metal trellises with evergreen vines interspaced between corrugated metal panels. The opposite side of the building include service bays with roll-up door and employee entrances and exits.

The applicant is not proposing any additions or major structural changes to the building, but will be making some major modifications to the front façade of their tenant space, which include:
 Installing vertical corrugated metal panels painted matte black, interspaced with wire mesh green screens with evergreen vines;  A new pop-out element at the entry way made of the same corrugated metal panels to better define the entrance to the retail area of the business;
 Installation of new up/down sconces along the building front for lighting;
 Addition of new security bollards located at the entrance and exit to the retail area;
 New signage located above the entrance to the retail space; and  Constructing a new trash enclosure at the rear of the building to comply with Development Code standards.

The DRB recommended approval of the proposed architecture.

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 parking lot light fixtures are proposed, mounted on 25-foot poles located along the east edge of the parking area. Other proposed lighting includes three up/down wall sconces attached to the building

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along the front façade, and four flood lights affixed to the rear of the building. The selected fixtures have a simple design consistent with the building architecture. The DRB has recommended approval of the proposed lighting with the condition that the parking lot lighting is adequate enough to provide illumination for safety and visibility. Condition of Approval #70 satisfies this requirement.

Landscaping. The existing landscaping includes trees, shrubs, and grasses located primarily along the front property line, with some additional landscaping adjacent to the building facade. The trees onsite will remain, with the exception of one tree at the south end of the building that will be removed due to excessive lean and proximity to utilities, and one crape myrtle that will be relocated from the building entrance. In addition to the metal trellises with vines mentioned above, the applicant is proposing to supplement the remaining landscape areas with a variety of new shrubs and ground covering. These plants will include xylosma, hawthorn, agave, mat rush, honeysuckle, and chalk sticks.

The overall plan represents a substantial increase in landscaped area and screening compared to existing conditions. The improvements are consistent with the Development Code requirements while working within the constraints of the project scope. The DRB recommended approval of the proposed landscaping.

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 above the entrance to the retail space facing the customer parking area. The sign is a stylized “C” located on a circular “cookie” backing (representing the business name, “cookies”). The “cookie” element will be halo backlit, while the stylized “C” will be internally lit. The proposed sign will be subject to general sign standards, such as prohibiting exposed raceways.

Fencing. The existing fencing at this site consists of a non-compliant chain link fence with razor wire located along the rear property line, as well as a sliding chain link gate to secure the employee parking area. Condition #60 will require the Applicant to replace the existing fence and gate with a new seven-foot black tubular steel fence.

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.

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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 structural changes proposed to the building are fairly minor, including a new pop-out element at the entrance to the tenant space and changes to the materials on the façade. Windows will allow 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, Infinity Assets is required to submit a Safety and Security Plan that is required to be reviewed and approved by the Concord Police Department to further ensure the 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. (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 all existing wall pack light fixtures on the building with more decorative wall-mounted light fixtures that complement the

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
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 25 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 building with new architectural elements and materials, 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 new materials for the exterior of the building, lighting, and landscaping. The proposed changes to the building design will provide a more attractive building to the patrons of the business, and better define the location of the retail storefront. Therefore, the project design is appropriate to the function of the project and will provide an attractive and comfortable environment.
(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.

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
The project proposes changes to the building exterior including new materials and new paint in neutral colors. The changes will update and enhance the look of the building to better define the location of the tenant space and retail area. 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 materials, 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. The new landscaping will be water efficient and will comply with development code requirements regarding landscaping.
(l) Stormwater treatment areas have been integrated into the landscape design.

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
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 materials, 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:
 Modifications maintain the existing rhythm as expressed by horizontal and vertical architectural elements such as new corrugated metal siding and green screens with evergreen vines, a pop-out element, and windows;
 New materials 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;
 Frontage and setback areas are landscaped to enhance the streetscape view; and
 Secure and easily identifiable bicycle parking will be provided.

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
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 $20,000 (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”); 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, site, 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.

City Council Agenda Report
Agenda Item No. 11.a
April 11, 2023
Attachments

1. Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review
Exhibit A – Conditions of Approval

2. Development Agreement Ordinance
Exhibit A – Infinity Assets Concord LLC Development Agreement

3. Project Plans9

4. Local Transportation Review

5. Written Public Comment received for March 1, 2023, Planning Commission Hearing
9 Floor plan information has been redacted for security purposes.

23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving an Administrative Permit,
Minor Exception and Design and Site Review for a
Cannabis Microbusiness with Storefront Retail for
Infinity Assets Concord LLC at 5121 Port Chicago
Highway, APN: 159-040-037 (PL22021 – AP, ME,

DR, DA)
Resolution No. 23-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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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, Infinity Assets Concord LLC (dba “Cookies” 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, on February 21, 2022, Applicant submitted an Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement applications to establish a cannabis microbusiness with a storefront retail component at 5121 Port Chicago Highway, APN 159-040-037 (“Property”), (herein collectively referred to as “Project”); and WHEREAS, on July 29, 2022, the Project was deemed complete by staff; and WHEREAS, on March 1, 2023, 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 1, 2023, the application materials, and other exhibits presented (hereinafter referred

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to as “Planning Commission Project Information”); and
WHEREAS, after consideration of all pertinent plans, documents and testimony, the Planning Commission voted 4-0 (AYES: Laub, Corio, Barbour, Mizutani) to adopt a Resolution recommending the City Council approve an Administrative Permit, Minor Exception, Design and Site Review, and Ordinance for a Development Agreement, and for a cannabis microbusiness with storefront retail component at 5121 Port Chicago Highway, subject to the draft Conditions of Approval contained herein as Exhibit A (“Conditions of Approval”); 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 11, 2023, 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 11, 2023, 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 an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with a storefront retail component at 5121 Port Chicago Highway, 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 Infinity Assets Concord LLC, Regarding the Development of Property located at 5121 Port Chicago Highway, Assessor’s Parcel Number 159-040-037 (PL22021 –AP, ME, DR, DA) (“Ordinance 23-XX”).

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

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby

23-XX 4
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 the Resolution.

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

Section 5. General Plan
Business Park (BP). No specific plan applies to the Project. The General Plan designation of

23-XX 5
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 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 and 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:
 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 second of its kind1 in the City of Concord and the only microbusiness with cultivation and a 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.  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 43 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 indoor cultivation and distribution at a scale consistent with light industrial uses. As explained above, the Project would generate approximately 43 full-time jobs primarily hired from the Concord community.  Require new commercial development to provide comprehensive landscaping, 1 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, as well as a microbusiness with storefront retail component that was approved by City Council in March of 2022.

23-XX 6
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 the addition a pop-out feature to highlight the primary entrance to the building, updating the building’s façade by adding vertical corrugated metal panels and repainting, 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.
 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 requires documentation on how complaints from the community were addressed.

Section 6. Minor Exception
The Project includes a Minor Exception that meet the following findings for minor exception approval.
a. No practical alternative exists that will result in a superior project with regard to its appearance, relationship with existing buildings and improvements, visibility, and impacts to neighboring properties including privacy, noise, view, and lighting impacts. While no additional parking would be required at this site, the nature of the cannabis storefront retail use could attract a

23-XX 7
sizeable customer base, as well as needed employee parking for the employees of the retail use and the cultivation/distribution components of the microbusiness. The parking area and surrounding landscaping has been reviewed and recommended for approval by the Design Review Board to ensure that the design will upgrade the existing appearance of the site. The Applicant will also be bringing the parking area more into compliance with Development Code requirements with the addition of landscape strips with shade trees. Therefore, no practical alternative exists that would result in a superior project.
b. Other provisions of the development code will not be compromised. No other provisions of the Development Code are compromised by the allowance of two additional parking stalls on the site. The Applicant is still able to comply with all required code standards, including parking stall size, short- and long-term bicycle parking, parking lot lighting, and ADA parking and path of travel requirements.
c. No negative impact will result. No negative impact will result due to the addition of two additional parking stalls at the site. The business is anticipated to attract a large amount of customers for the cannabis storefront retail, as well as a number of employees for the other components of the microbusiness. While excess parking is not required, it will help alleviate any potential concerns of inadequate parking at this location. d. The project will otherwise comply with all applicable development code standards and requirements. The Project, as designed, complies with all applicable Development Code standards and requirements, including requirements for parking lot lighting, ADA parking and path of travel, and bicycle parking.

Section 7. Design and Site Review
The Project includes minor building and site modifications that meet the following findings for Design and Site Review approval.

1. The Project is consistent with the General Plan. The Project is consistent with the General Plan as addressed in the findings above.

23-XX 8

2. 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 structural changes proposed to the building are fairly minor, including a new pop-out element at the entrance to the tenant space and changes to the materials on the façade. Windows will allow 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, Infinity Assets is required to submit a Safety and Security Plan that is required to be reviewed and approved by the Concord Police Department to further ensure the building design supports public safety and security.

3. 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.

4. 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.

5. 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 all existing wall pack light fixtures on the building with more decorative 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 25 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.

6. All mechanical, electrical, and utility equipment is located, screened, or incorporated

23-XX 9
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.

7. 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 building with new architectural elements and materials, improving the site with new landscaping, lighting, and a trash enclosure.

8. 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 new materials for the exterior of the building, lighting, and landscaping. The proposed changes to the building design will provide a more attractive building to the patrons of the business, and better define the location of the retail storefront. Therefore, the Project design is appropriate to the function of the Project and will provide an attractive and comfortable environment.

9. 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 changes to the building exterior including new materials and new paint in neutral colors. The changes will update and enhance the look of the building to better define the location of the tenant space and retail area. New landscaping areas and upgrades to existing landscaping are proposed that will also enhance the site and complement the building.

10. The project is compatible with neighboring development in a similar Zoning District by

23-XX 10
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.

11. 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 materials, paint, awnings, and signage add interest to the building.

12. 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. The new landscaping will be water efficient and will comply with development code requirements regarding landscaping.

13. 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.

14. New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development. The Project

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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 materials, paint, awnings, and signage to add building interest.

15. 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:
 Modifications maintain the existing rhythm as expressed by horizontal and vertical architectural elements such as new corrugated metal siding and green screens with evergreen vines, aa pop-out element, and windows;
 New materials 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;
 Frontage and setback areas are landscaped to enhance the streetscape view; and  Secure and easily identifiable bicycle parking will be provided.

Section 8. This resolution shall become effective immediately upon the effective date of Ordinance No. 23-XX.
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23-XX 12
PASSED AND ADOPTED by the City Council of the City of Concord on April 11, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 11, 2023.

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

CONDITIONS OF APPROVAL

INFINITY ASSETS CONCORD LLC
PL22021 - AP, ME, DR, DA
5121 PORT CHICAGO HIGHWAY
APN: 159-040-037

PERMIT DESCRIPTION

1. These Conditions apply to and constitute approval of the following:
a. Administrative Permit to allow an approximate 12,080 square foot cannabis microbusiness, with 2,109 square feet for storefront retail, 6,713 square feet for cultivation, and 596 square feet for distribution, and 2,644 square feet for office use. b. Minor Exception to allow two additional parking spaces; 44 spaces when 42 are required.
c. Design and Site Review, for building and site improvements, including a new entry feature, vertical corrugated metal panels, and repainting, and site improvements including landscaping, irrigation, trash enclosure and bollards, (PL22021).

2. The improvements, business, and operations shall be in conformance with the applicant’s Zoning Compliance Fact Sheet received February 21, 2022, and in compliance with the City Cannabis License for the business (PL21111), revised project plans received December 13, 2022, 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 floor plan. The following exhibits are approved and shall be incorporated as Conditions of Approval:

Plan Date
Prepared
Prepared By Sheet
Title Sheet 12/12/2022 Heleo Architecture + Design G001 Project Info 12/12/2022 Heleo Architecture + Design G002 Arborist Report 12/12/2022 Heleo Architecture + Design G003 Boundary & Topographic Survey 12/12/2022 Milani & Associates 1.1 Site Lighting Photometric 12/12/2022 San Diego Lighting Associates 1.1 Contextual Plan 12/12/2022 Heleo Architecture + Design A001 Site Plan & Access Plan 12/12/2022 Heleo Architecture + Design A002 Existing/Demo Floor Plan Level 1 12/12/2022 Heleo Architecture + Design A101 Existing/Demo Floor Plan Level 2 12/12/2022 Heleo Architecture + Design A102 Proposed Floor Plan Level 1 12/12/2022 Heleo Architecture + Design A201 Proposed Floor Plan Level 2 12/12/2022 Heleo Architecture + Design A202 Roof Plan 12/12/2022 Heleo Architecture + Design A203
Building Sections 12/12/2022 Heleo Architecture + Design A301 Elevation- East West 12/12/2022 Heleo Architecture + Design A302 Exterior Details 12/12/2022 Heleo Architecture + Design A701 Exhibit A to Attachment 1

Exterior Details 12/12/2022 Heleo Architecture + Design A702 Metal Panel Details 12/12/2022 Heleo Architecture + Design A703 Photo Survey 12/12/2022 Heleo Architecture + Design A801 Landscape Concept Plan 12/12/2022 Sotelo Landscape Architects L001

PROJECT SPECIFIC CONDITIONS

3. Prior to Building Permit final inspection, the Planning Division and Police Department shall conduct a final inspection to verify compliance with this Administrative Permit and the City Cannabis License (PL21111). 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 (PL21111), 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].

ADMINISTRATIVE PERMIT CONDITONS (PLNG, PD)

5. The business hours of operation shall be in conformance with the applicant’s Zoning Compliance Fact Sheet, which indicates: 7:00 a.m. to 10:00 p.m. daily. Days and hours of operation shall not be modified without Planning Division and Police Department approval. The business shall be open to the general public. The Chief of Police may limit the hours for transporter deliveries and pick-ups.

6. 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.

7. 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).

8. 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.