Concord City Council
May 2, 2023

1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
May 2, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MARCH 2, 2023
Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person. 2 HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/84772515321?pwd=aEpMc3B3dzFuc2ZZeVJrNlVlUnVY QT09 or Zoom Webinar ID: 847 7251 5321 and Passcode: 572778 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Nakamura

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.

3. PRESENTATIONS
a. Presentation – of Business Recognition Awards to Concord Feed Pet and Livestock Supplies, Sage Veterinary Hospitals, and Atlas Pavers. Overview of program and introduction of recipients by Robert Carrera, Economic Development Specialist. Presentations by Melissa Rea, President/CEO, Greater Concord Chamber of Commerce. Introduction by Mayor Hoffmeister.
b. Presentation – to Debra Ballinger, Interim Executive Director, East Bay Housing Organization, declaring May 2023 as "Affordable Housing Month" in the City of Concord. Presentation by Mayor Hoffmeister.

4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – approval of the minutes from the March 7 and 14, 2023, meetings. Recommended by the City Clerk
b. Considering – adoption of Ordinance No. 23-2 entitled, "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, Assessor's Parcel Number: 159-040-037 (PL22021 - AP, ME, DA, DR). Ordinance No. 4 23-2 was introduced on April 11, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.

5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – appointment to the Planning Commission for two (2) positions for four-year terms ending February 28, 2027, and one (1) unscheduled vacancy for the remainder of a four-year term ending February 28, 2025, by ballot vote. Report by Joelle Fockler, City Clerk.
b. Considering – (1) adoption of a Resolution amending Resolution No. 23-3, Establishing a Homeless Strategic Plan Working Group, by adding additional representatives; and (2) calling for recruitment to fill the new positions.

Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, and/or 15378.
c. Study Session – considering the following:

1. An update on the preparation of the City’s Objective Design Standards (ODS) document;

2. An overview of the draft standards and diagrams for the five sections:

Citywide, Downtown, Neighborhoods, Corridors, and Special Case/Infill areas; and

3. Providing feedback on the administrative draft Objective Design Standards, for incorporation into the final draft Objective Design Standards (continued from April 11, 2023). Report by Joan Ryan, Principal Planner.

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

6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
5 a Report out by Councilmember Nakamura, Vice Mayor Birsan, and Mayor Hoffmeister on the League of California Cities City Leaders Summit held April 12 - 14, 2023.

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 5/9/2023 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Business Recognition Awards
MAY 2, 2023
1 3.a

Introduction
2 ROBERT CARRERA, ECONOMIC DEVELOPMENT SPECIALIST, CITY OF CONCORD

Presentation of Awards
3 MELISSA REA, PRESIDENT/CEO, GREATER CONCORD CHAMBER OF COMMERCE

Concord Feed Pet and Livestock Supplies
4 LONGEVITY

Atlas Pavers
5 COMMUNITY IMPACT

SAGE Veterinary Centers
6 INNOVATION

Congratulations
7

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 7, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 5:30 p.m. on Tuesday, March 7, 2023, with Mayor Hoffmeister presiding. Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; James Peavey, Human Resources Manager; Donna Lee, Budget Officer; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore, Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29.

The meeting recessed at 6:27 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, March 7, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Vice Mayor Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Tianjun Cao, Associate Civil Engineer; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Himmat Bains, Senior Financial Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie; Tim Carr, Concord; Ady Olvera, Concord; Denise Hartlove, Concord; Matt Lovett, Mt. Diablo Education
Foundation; Dodi Zotigh, Rainbow Community Center; Dan
Dorsett, Feet First Foundation; Linda Rimac Colberg, Yours Humanly; Maren Shahade; Parisa Zamanian, Rainbow
Community Center; Dee Vieira, Rainbow Community Center; Kelly Ferguson, Rainbow Community Center; Angie Chaupe, Concord; Teena Hahn, Clayton; Vanessa Chena, Monument
Impact/Concord; Matt Harrison, Community Youth Center; Steve Gonsalves, Concord; Lauren Jonas, Diablo Ballet; Elaine Schroth, Visit Concord; Vivian Boyd, Concord Historical Society;

4.a4.a

City Council Minutes March 7, 2023
2 Judi Herman; Karla Guerra, Unity Council; Cora Mitchell, Concord; Nadia Cartier; Barb Hunt

PUBLIC COMMENT PERIOD
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

PRESENTATIONS
PROCLAMATION – Red Cross Month
Mayor Hoffmeister presented Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, a proclamation declaring March 2023 as “Red Cross Month” in the City of Concord.

Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

CONCORD PAVILION UPDATE
Mayor Hoffmeister introduced Aaron Hawkins, Live Nation General Manager, who provided an update on Concord Pavilion.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

Natalie spoke about other event venues that do not use Live Nation, and the use of fees imposed on customers.

Mayor Hoffmeister closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

ADOPTION OF ORDINANCE NO. 23-1 – Culture Club Corporate Enterprise, Inc.

A motion was made by Birsan and seconded by Obringer to adopt Ordinance No. 23-1 entitled, “An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Culture Club Corporate Enterprise, Inc. (DBA “Culture”), Regarding the Development of Property Located at 1440 Concord Avenue, Suite B, Assessor’s Parcel Number: 126-020-108.” Ordinance No. 23- 1 was introduced on February 14, 2023, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NOS. 23-12, 23-13, 23-14, AND 23-15 – Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-12 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-13 entitled, “A Resolution Ordering the Preparation of an Engineers Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by unanimous vote of the Council.

City Council Minutes March 7, 2023
3 A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-14 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscape and Lighting Maintenance District No. 3.” The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 23-15 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Citywide Street Lighting Assessment District.” The motion passed by unanimous vote of the Council.

APPROVAL TO INCREASE FISCAL YEAR FUEL SERVICES AGREEMENT AMOUNTS – Pinnacle Petroleum and Western States Oil
This item was pulled from consideration on the Consent Calendar by Tim Carr.

Administrative Services Manager Craig Blythe provided background on the item and explained an annual fuel increase was authorized by the City Council in May 2022, and the increase was needed because of the increase in both unleaded and diesel fuel prices. He further explained that following the increase in May 2022, the cost of fuel prices continued to increase, and that fuel prices and usage are expected to remain at current levels, with no expectation from staff that any additional increases will be needed.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

Tim Carr, Concord, spoke about the number of police vehicles that were recently authorized for purchase, noting that standard police vehicles are hybrid and get better gas mileage, whereas those purchased for Concord were the non-hybrid version. He further stated that he would like staff to evaluate use of hybrid versus non-hybrid for police vehicles.

Natalie spoke in support of hybrid vehicles and referenced other neighboring cities that use hybrid vehicles for their fleet.

Ady Olvera, Concord, agreed with Mr. Carr’s comments and analysis, stating she also supports transitioning to electric fleet vehicles, and her desire for the City Council to look into making that transition.

Following comments from the City Council, a motion was made by Obringer and seconded by Aliano to approve an increase in fiscal year fuel services agreement amounts with Pinnacle Petroleum from $550,000 to $650,000 and Western States Oil from $80,000 to $120,000 for unleaded and diesel fuel services, and authorize appropriations in fiscal year 2022/23 of $136,900 from the General Fund, $5,400 from the Sewer Operating Fund and $3,100 from the Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633). The motion passed by the following vote:

AYES: Aliano, Birsan, Obringer, Hoffmeister NOES: None ABSTAIN: Nakamura

AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) A motion was made by Birsan and seconded by Obringer to:

1. Award a Construction Contract in the not-to-exceed amount of $1,144,010.45 (base agreement of $1,040,009.50 plus staff authority to spend up to a 10% contingency of $104,000.95) to MCK Services, Inc. for the Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $252,530.96 (base agreement of $229,573.60 plus staff authority to spend up

City Council Minutes March 7, 2023
4 to a 10% contingency of $22,957.36) to provide construction management, inspection, and materials testing services for Oak Grove Road Pavement Rehabilitation Project – Phase 3 (Project No. 2557) located on Oak Grove Road between Treat Boulevard and Contra Costa Canal Trail; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the council.

CITY COUNCIL CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 23-16 – Disbursement of $7 million of American Rescue Plan Act (ARPA) funds to nonprofits
Assistant City Manager Justin Ezell presented the staff report, provided background on ARPA funds, the ARPA Ad Hoc Committee recommendation process, including eligibility and scoring criteria, and an overview explaining the ARPA Ad Hoc Committee recommendations for disbursement of $7 million of ARPA funds to nonprofits.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

The following people spoke:

Denise Hartlove, Concord
Matt Lovett, Mt. Diablo Education Foundation
Dodi Zotigh, Rainbow Community Center
Dan Dorsett, Feet First Foundation
Linda Rimac Colberg, Yours Humanly
Maren Shahade,
Parisa Zamanian, Rainbow Community Center
Dee Vieira, Rainbow Community Center
Kelly Ferguson, Rainbow Community Center
Angie Chaupe, Concord
Teena Hahn, Clayton
Vanessa Chena, Monument Impact/Concord
Matt Harrison, Community Youth Center
Steve Gonsalves, Concord
Tim Carr, Concord
Natalie
Lauren Jonas, Diablo Ballet
Elaine Schroth, Visit Concord
Vivian Boyd, Concord Historical Society
Judi Herman
Karla Guerra, Unity Council
Cora Mitchell, Concord
Nadia Cartier

City Council Minutes March 7, 2023
5 Barb Hunt
Ady Olvera, Concord
Mayor Hoffmeister recessed the meeting at 9:03 p.m. The meeting resumed at 9:21 p.m.

Following comments from the City Council, a motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-16 entitled, “A Resolution authorizing disbursement of $7 million of American Rescue Plan Act funds and authorizing the City Manager to execute grant agreements with awarded nonprofits in a form acceptable to the City Attorney.” The motion passed by the following vote:

AYES: Aliano, Birsan, Hoffmeister NOES: Nakamura, Obringer

CORRESPONDENCE
a. Agenda Item No. 6.a – Written Public Comment
b. Agenda Item No. 8.c – Increase Fiscal Year Fuel Services – Benched Correspondence c. Agenda Item No. 9.a – ARPA Funds to Nonprofits – Benched Correspondence d. Agenda Item No. 9.a – ARPA Funds to Nonprofits – PowerPoint Presentation

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 7, 2023, at 9:48 p.m.

LAURA M. HOFFMEISTER
MAYOR

STEFANIE ANANTHAN

DEPUTY CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 14, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California at 6:00 p.m. on Tuesday, March 14, 2023, with Mayor Hoffmeister presiding. All councilmembers were present. Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.

The meeting recessed at 6:15 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, March 14, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Tamra Roberts, Police Lieutenant; Mindy Gentry, Planning Manager; Aaron Sage, Principal Planner; Joan Ryan, Principal Planner; Ryan Lenhardt, Senior Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Robyn Kustalis, Rainbow Community Center; Doti Zotigh, Rainbow Community Center; Tim Carr, Concord, Kent Green, Concord; Elsie Mills, Rainbow Community Center; Vanessa Chena, Monument Impact; Celia Montes, Contra Costa Regional Group, First Five Contra Costa (CCRG); Marisol Chavez, CCRG; Julia Zermeno, CCRG; Kent Green, Concord Claudia Vazquez, CCRG; Elba Velasquez, Monument Impact; Carlos M. Gama;
Betty Gabaldon; Erica Flores; Guadalupe Tolento; Rev. Millie Phillips, Faith Alliance for a Moral Economy; Kristi Laughlin, EBASE, Raise the Roof; Natalie; Debra Ballinger, EBHO; Ady Olvera, Concord; Cora Mitchell, Concord; Judith Ortiz,
Monument Impact; Aaron Tiedemann, EBHO; Wallace; Victor Flores, Green Belt Alliance; Bill Whitney, Contra Costa Building Trades; Rachel Shoemake, IBEW 302; Eric Haynes, Concord; Robert Ring, Concord; Nick Goodwin; Phil Kerr, City Ventures; Joshua Anijar; David Calderon, BAC Local 3; Natalie; Natalie

City Council Minutes March 14, 2023
2 Bonnewit; Hope Johnson, Concord; Aaron Tiedelmann, EBHO, D’Marco Anthony, Concord; Kenneth

PUBLIC COMMENT PERIOD
Robyn Kustalis, Rainbow Community Center, spoke in opposition to the Rainbow Community Center not receiving ARPA funds.

Doti Zotigh, Rainbow Community Center, spoke in opposition to the Rainbow Community Center not receiving ARPA funds.

Tim Carr, Concord, stated that the ARPA funding process should have been vetted through the Community Services Commission.

Kent Green, Concord, spoke in support of the Trans community.

Elsie Mills, Rainbow Community Center, spoke in support of the Rainbow Community Center.

The Public Comment Period was continued to the end of the meeting.

CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVAL OF MINUTES – January 17, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the meeting on January 17, 2023. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-17 – Street Names for Villas at Walters Place Townhomes Subdivision (Tract No. 9585)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-17 entitled, “A Resolution Approving the Street Names for the Villas at Walters Place Townhomes Subdivision (Tract No. 9585), located at 1200 Detroit Avenue.” The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-18 – Street name for Walnut Grove Major Subdivision (Tract No. 9434)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-18 entitled, “A Resolution Approving the Street Name for the Walnut Grove Major Subdivision (Tract No. 9434), near the intersection of Mohr Lane and Wicket Court.” The motion passed by unanimous vote of the Council.

Mayor Hoffmeister took the next agenda item, Housing Element Update, out of agenda order.

CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 23-19 – Housing Element Update Principal Planner Aaron Sage presented the staff report and explained that the Council was being requested to adopt a Resolution:

1. Adopting the Initial Study/Negative Declaration for the 2023-2031 Housing Element Update (PL23013 – GP) (“2023-2031 HEU”);

City Council Minutes March 14, 2023
3 2. Finding the 2023-2031 HEU exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption;

3. Finding the 2023-2031 HEU substantially complies with Government Code section 65580 et seq. (“Housing Element Law);

4. Approving a General Plan Amendment repealing the 2014-2022 Housing Element and adopting the 2023-2031 HEU; and

5. Authorizing the City Manager or designee to make changes to the 2023-2031 HEU to achieve internal consistency or address non-substantive changes or amendments requested by the Department of Housing and Community Development to certify the 2023-2031 HEU.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

Kay Vassini, California Apartment Association, spoke in opposition to rent control.

The following people spoke in support of the Housing Element and just cause for evictions and rent control by June 2023:

Vanessa Chena, Monument Impact
Celia Montes, Contra Costa Regional Group, First Five Contra Costa (CCRG) Marisol Chavez, CCRG
Julia Zermeno, CCRG
Kent Green, Concord
Claudia Vazquez, CCRG
Elba Velasquez, Monument Impact
Carlos M. Gama
Betty Gabaldon
Erica Flores
Guadalupe Tolento
Rev. Millie Phillips, Faith Alliance for a Moral Economy Kristi Laughlin, EBASE, Raise the Roof
Natalie
Debra Ballinger, EBHO
Ady Olvera, Concord
Cora Mitchell, Concord
Judith Ortiz, Monument Impact
Aaron Tiedemann, EBHO, stated that the site inventory isn’t realistic.

Wallace spoke against just cause for evictions and rent control by June 2023.

Victor Flores, Green Belt Alliance, stated that there is a lack of housing sites in affluent areas.

Mayor Hoffmeister closed the public comment period and recessed the meeting at 9:08 p.m. The meeting resumed at 9:25 p.m.

City Council Minutes March 14, 2023
4 Following comments from the City Council, a motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 23-19 entitled, “A Resolution Adopting the Initial Study/Negative Declaration for the 2023-2031 Housing Element Update (“2023-2031 HEU”); Finding the 2023-2031 HEU Exempt Pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption; Finding the 2023-2031 HEU Substantially Complies with Government Code Section 65580 et seq. (“Housing Element Law”); Approving a General Plan Amendment Repealing the 2014-2022 Housing Element and Adopting the 2023-2031 HEU; Authorizing the City Manager or Designee to Make Changes to the 2023-2031 HEU to Achieve Internal Consistency or Address Non-Substantive Changes or Amendments Requested by the Department of Housing and Community Development to Certify the 2023-2031 HEU (PL23013 – GP); and Making other Related Findings and Delegations as Appropriate.” The motion passed by unanimous vote of the Council.

Mayor Hoffmeister recessed the meeting at 9:59 p.m. The meeting resumed at 10:06 p.m.

CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM

STUDY SESSION ON DESIRED TERM SHEET PARAMETERS AND METHOD FOR SELECTING

MASTER DEVELOPER
Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, provided background on the Master Developer selection process, discussed the Term Sheet Considerations, explained that staff is seeking feedback from Council on the Term Sheet Considerations and recommended Master Developer selection process, and gave an overview on the proposed selection method for a hybrid Request for Qualifications (RFQ).

Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

The following people spoke in favor of having a Project Labor Agreement (PLA) in place prior to selection of a Master Developer and a short RFP process:

Bill Whitney, Contra Costa Building Trades
Rachel Shoemake, IBEW 302
Eric Haynes, Concord
Robert Ring, Concord
Nick Goodwin
Phil Kerr, City Ventures
Joshua Anijar
David Calderon, BAC Local 3
Vanessa Chena, Monument Impact, stated that there should be more affordable housing not including junior accessory dwelling units.

Natalie stated that the PLA should be made public, the project should adhere to tight deadlines, and urban farming should be incorporated into the project.

Natalie Bonnewit stated that the City should look for new funding opportunities.

Hope Johnson, Concord, stated that third party intervention is needed and draft term sheets should be included with submissions.

Cora Mitchell stated that the City should learn from past mistakes.

Ady Olvera, Concord, stated that the PLA and term sheet should be included with submissions.

City Council Minutes March 14, 2023
5 Aaron Tiedelmann, EBHO, stated that the City should look for regional and state bodies for partnerships.

Mayor Hoffmeister closed the public comment period.

Following discussion by the Council, staff was directed to use the following questions to interview prospective master developers, and community stakeholders:

1. Should a Project Labor Agreement (PLA) continue to be required? If so:
a. Should a prospective master developer be required to negotiate and reach agreement on a PLA prior to LRA selecting a new master developer or should negotiation of a PLA be deferred until after master developer selection?
b. Should the LRA require that the terms of any PLA be disclosed to the City Council and public?
c. Rather than a public disclosure of the PLA, would a public disclosure by the prospective master developer summarizing the scope and potential financial impacts of the PLA be more appropriate?

2. Should the LRA express a willingness to consider changes to aspects of the Area Plan to enhance the financial feasibility of the project?
a. Is the LRA willing to increase the residential unit cap in the Area Plan? b. If the residential unit cap is increased, how should the Affordable Housing component be addressed to respond to the increase?
c. What is realistic green frame (buffer) expectation north of Willow Pass Road?

3. Should the project’s first phase be guided by the market or should it, regardless of market conditions, be required to incorporate Transit Oriented Development (TOD) near the North Concord BART Station? If yes to requiring incorporation of TOD in phase 1, are there parameters on what would be acceptable to the LRA?

4. Should the community benefits proposed in the latest (CFP) Term Sheet (see Attachment 1 for a listing) not already discussed above be required in the future Term Sheet, subject to demonstration of financial feasibility?

5. Should the LRA require the master developer to provide quarterly reporting of litigation, threats to the company’s financial condition, and changes to company leadership? Should other topics be added to this required disclosure?

6. Should the City continue to require that the Specific Plan and CEQA documents include the North Concord BART Station property?
PUBLIC COMMENT PERIOD (Continued)
Eric Haynes stated that you can contact the City of Concord and ask for a copy of the PLA.

Natalie spoke of cleaning up the area by the Park and Ride and stated that ARPA funds should have gone to Rainbow Community Center.

Hope Johnson, Concord, spoke of her disappointment that ARPA funds did not go to Rainbow Community Center, and stated that because Councilmember Aliano works for Senator Glazer it is a conflict of interest for him to serve as a councilmember.

D’Marco Anthony, Concord, stated that Vice Mayor Birsan did a huge disservice to the community in the way he explained his opinion about the Rainbow Community Center not receiving ARPA funds.

City Council Minutes March 14, 2023
6 Ady stated that the Public Comment Period at the beginning of meetings should be extended to ½ hour.

Cora Mitchell spoke about funding for the Levin Organization.

Kenneth stated that the Mayor runs Council meetings unprofessionally.

Mayor Hoffmeister closed the public comment period.

A motion was made by Birsan and seconded by Nakamura to continue the meeting after 10 p.m.

The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 8.a – Term Sheet Study Session – Benched Correspondence b. Agenda Item No. 8.a – Term Sheet Study Session – PowerPoint Presentation c. Agenda Item No. 9.a – Housing Element Update – Benched Correspondence d. Agenda Item No. 9.a – Housing Element Update – PowerPoint Presentation

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 15, 2023, at 12:40 a.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Ord. No. 23-2 1
ORDINANCE NO. 23-2

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, ASSESSOR’S PARCELS NUMBER: 159-040-037 (PL22021 – AP,

ME, DA, DR)
WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on April 2, 2019, the City Council and Planning Commission conducted a Joint Study Session and directed staff to pursue revisions to the existing cannabis regulations to potentially allow additional commercial cannabis uses including adult-use and medicinal non-storefront retail; and consideration of allowing adult-use and medicinal storefront retail and microbusinesses; and WHEREAS, on November 5, 2019, the City Council considered introduction of an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to add adult-use City Cannabis Licenses for manufacturing and distribution; to increase the maximum number of City Cannabis Licenses for manufacturing, distribution, and testing laboratories; to allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront); and allow City Cannabis Licenses for microbusinesses. At the meeting, the City Council provided direction to staff regarding the allowable number of each cannabis license type, and directed staff to bring the Development Code amendments required for implementing corresponding changes to the Concord Development Code to the Planning Commission for consideration and recommendation to the City Council; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow Adult- Use City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing

4.b4.b

Ord. No. 23-2 2
Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on October 5, 2020, the City of Concord issued a Request for Proposals for storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on May 26, 2021, following interviews, public comment, and City Council deliberation, Infinity Assets Concord LLC (dba “Cookies” and herein referred to as “Applicant” or “Developer”) was invited to apply for one of two available cannabis microbusiness licenses; and WHEREAS, Applicant was invited to apply for one of two available licenses for a microbusinesses with a storefront retail component; and WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, Municipal Code Chapter 18.460 Development Agreements authorizes the execution of development agreements and sets forth the required contents and form of those agreements; and
WHEREAS, on February 21, 2022, Applicant submitted an Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement applications to establish a cannabis microbusiness with storefront retail use at 5121 Port Chicago Highway, APN 159-040-037 (“Property”), (herein collectively referred to as “Project”); and WHEREAS, on July 29, 2022, the Project application was deemed complete by staff; and

Ord. No. 23-2 3
WHEREAS, the City and Applicant have reached mutual agreement on the terms of the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein, in the form attached hereto as Exhibit A (the “Development Agreement”); and
WHEREAS, the Planning Commission, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing March 1, 2023, on the proposed Development Agreement; and
WHEREAS, at such public hearing, the Planning Commission considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated March 1, 2023, materials, exhibits presented, and all other information that constitutes the record of proceedings on which the Planning Commission has based its decision that are maintained at the offices of the City of Concord Planning Division (collectively, “Planning Commission Information”); and
WHEREAS, on March 1, 2023, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, adopted Resolution No. 23-05 PC voted 4-0 (AYES: Laub, Corio, Barbour, Mizutani) recommending City Council approval of the Development Agreement with Infinity Assets Concord LLC for a microbusiness use including a storefront retail component; 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 Development Agreement; and
WHEREAS, at such public hearing, the City Council also considered and adopted a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with a storefront retail component 5121 Port Chicago Highway, APN: 159- 040-037, (PL22021 – AP, ME DR, DA) (“Resolution 23-27”); and

Ord. No. 23-2 4
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the application materials, the written report from City staff dated April 11, 2023, and other exhibits presented, Resolution 23-2, and the Planning Commission Information, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance.

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

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

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

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

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

Ord. No. 23-2 5
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.

Section 5. Development Agreement.
a. The Development Agreement is consistent with the general plan and any applicable specific plan. The cannabis microbusiness with a storefront retail, includes cultivation and distribution, which are consistent uses envisioned by the Business Park designation and the use is consistent with General Plan policies E-2.1.1, E-2.1.7, LU-6.1.2, LU-9.1.3, LU-10.1.5, and S-7.1.1.

The Project is consistent with the intent of the Business Park land use designation and applicable policies, particularly by fostering entrepreneurship and innovation by providing the second cannabis microbusiness with a storefront retail component in Concord and providing employment generating businesses that place an emphasis on hiring Concord residents. No specific plan applies to the Project.  Establish land use priorities that foster entrepreneurship, growth, and innovative business development (Policy E-2.1.1). The proposed microbusiness with a storefront retail component would be the second of its kind 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

Ord. No. 23-2 6
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, 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.  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

Ord. No. 23-2 7
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. b. 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. No known sensitive uses, as defined in CMC Chapter 5.80, are located within 250 feet of the subject property.
c. The Development Agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

Approval of the 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.
d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The proposed business will be occupying an existing

Ord. No. 23-2 8
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.
e. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5. Approval of the Development Agreement between the City and Infinity Assets Concord, LLC is in conformance with the provisions and intent of Government Code Sections 65864 through 65869.5 for the following reasons:
i. Assurances have been provided to the Developer due to vesting certain regulations. ii. The Developer has a legal or equitable interest in real property and the City will recover from the direct costs associated with the consideration of the Development Agreement. iii. The Development Agreement contains a provision requiring an annual review for compliance with the terms of the Agreement, including provisions allowing for the modification or termination of the Agreement if it is found the Developer has not complied in good faith with the terms and conditions of the Agreement.
iv. The Development Agreement specifies the duration, the permitted uses of the property, and the required land use approvals.
v. The Agreement is enforceable by any party thereto.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 23-2 and approves and authorizes the City Manager to execute the Development Agreement in form attached hereto as Exhibit A, and (as more specifically set forth in the Development Agreement) further authorizes the City Manager or designee the authority to determine, review, and approve any “Minor Amendment” as set forth in the Development Agreement and subject to approval of the City Attorney. Upon execution of the Development Agreement by all parties, the City Clerk is hereby directed to record the Development Agreement with the Contra Costa County Recorder’s Office.

Ord. No. 23-2 9
Section 7. This Ordinance No. 23-2 shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Laura M. Hoffmeister
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
//
//
//
//
//
//
//
//

Ord. No. 23-2 10
Ordinance No. 23-2 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on April 11, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on May 2, 2023, by the following vote:

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

Joelle Fockler, MMC
City Clerk
Exhibit A: Development Agreement

Exhibit A

Staff Report
Date: May 2, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering appointment to the Planning Commission for two (2) positions for four-year terms ending February 28, 2027, and one (1) unscheduled vacancy for the remainder of a four-year term ending February 28, 2025, by ballot vote.

Report in Brief
The City Council will consider appointment to the Planning Commission for two (2) positions for four-year terms ending February 28, 2027, and one (1) unscheduled vacancy for the remainder of a four-year term ending February 28, 2025, by ballot vote.

Recommended Action
Appoint two (2) applicants for four-year terms ending February 28, 2027, and one (1) applicant to the Planning Commission for the remainder of a four-year term ending February 28, 2025, by ballot vote.

Background
In accordance with Policy and Procedure No. 89, a recruitment was announced on December 13, 2022, to fill two (2) positions on the Planning Commission for four-year terms ending February 28, 2027, and setting January 20, 2023, as the deadline for receipt of applications by the City Clerk. Due to the resignation of Planning Commissioner John Mercurio, effective January 1, 2023, there is also one (1) unscheduled vacancy to fill the remainder of a four-year term ending February 28, 2025, on the Planning Commission.

Applications were received from 11 individuals, including incumbents Aeysha Corio and Jason Laub. Two applicants withdrew their applications prior to interviews. On April 25, 2023, the City Council interviewed the following nine (9) applicants (in interview order):

5.a5.a5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
May 2, 2023
Pablo Benavente, Ayesha Corio, Steve Burrows, Ajit Kaushal, Jason Laub, Scott Lee, Andrea Morgan, Robert Ring, and Ronald Leone.

Analysis
The Council will be provided ballots to determine the choice for appointment by round.

The applicants that receive majority vote will be seated as follows: two (2) applicants for four-year terms ending February 28, 2027, and one (1) applicant for the remainder of a four-year term ending February 28, 2025.

Financial Impact
There is no financial impact.

Public Contact
The City Council Agenda was posted.

Attachment

1. Ballots

BALLOT
City of Concord Planning Commission
Four-Year Term Ending February 28, 2027
Openings: 2
Choose 2
Counc ilmember Voting Round Number
BALLOT
Applicant(s) Vote
For 1
Pablo Benevente
Ayesha Corio*
Steve Burrows
Ajit Kaushal
Jason Laub*
Scott Lee
Andrea Morgan
Robert Ring
Ronald Leone
*Incumbent
Attachment 1

BALLOT
City of Concord Planning Commission
Remainder of Four-Year Term Ending February 28, 2025
Openings: 1
Choose 1
Counc ilmember Voting Round Number

BALLOT

Applicant(s) Vote
For 1
Pablo Benevente
Ayesha Corio*
Steve Burrows
Ajit Kaushal
Jason Laub*
Scott Lee
Andrea Morgan
Robert Ring
Ronald Leone

*Incumbent

BALLOT
City of Concord Planning Commission
Four-Year Term Ending February 28, 2027
Openings: 2
Choose 2
Councilmember Voting Round Number

B A L L O T
Applicant(s) Vote
For 1 2
Pablo Benevente
Ayesha Corio*
Steve Burrows
Ajit Kaushal
Jason Laub*
Scott Lee
Andrea Morgan
Robert Ring
Ronald Leone
*Incumbent
Agenda Item No. 5.a
Benched Attachment 1
May 2, 2023

From: Katherine Luttjohann <[email protected]> Sent: Tuesday, May 2, 2023 1:09 PM
To: Obringer, Carlyn <[email protected]>; Hoffmeister, Laura <[email protected]>; Nakamura, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]> Cc: Barone, Valerie <[email protected]>; Fockler, Joelle <[email protected]>
Subject: Planning Commission Appointments
Dear Mayor, Vice Mayor and City Council members,
I was able to watch the interviews you held of the potential appointees thanks to someone that was able to livestream your interviews.

Please consider reappointing Jason Laub and Aeysha Corio. Pablo Benavente is very capable to fill the open 3rd seat on the Commission.

Thank you for your consideration.

Regards
Katherine Dano-Luttjohann
Benched Correspondence
Agenda Item No. 5.a
May 2, 2023

Staff Report
Date: May 2, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering (1) adoption of a Resolution amending Resolution No. 23-3, Establishing a Homeless Strategic Plan Working Group, by adding additional representatives; and (2) calling for recruitment to fill the new positions.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, and/or 15378.

Report in Brief
On April 4, 2023, the City Council directed staff to agendize an opportunity for the Council to discuss adding additional representatives, including one representing the LGBTQI+ community, to the Homeless Strategic Plan Working Group.

Recommended Action

1. Consider enlarging the 9-member Homeless Strategic Plan Working Group to add a representative from the LGBTQI+ community and possibly others;

2. If members are to be added, adopt a Resolution amending Resolution No. 23-3, A Resolution Establishing a Homeless Strategic Plan Working Group, clarifying the number of new members and what constituency or group they represent; and

3. Announce the opening of the recruitment to fill the new position(s).

Background
The nine-member Homeless Strategic Plan Working Group was created by the City Council on December 13, 2022, with the adoption of Resolution No. 22-77. Council adopted Resolution No. 23-3 removing the Concord residency requirement for the

5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
May 2, 2023
business community representative on January 24, 2023. Also on January 24, 2023, three citizens were interviewed and appointed to the Working Group. The remaining four citizens and two Councilmembers were appointed on February 14, 2023.

The Homeless Strategic Plan Working Group is a Council appointed special-purpose Working Group to advise staff, the consultant team, and the Council on the development of the Homeless Strategic Plan. The Homeless Strategic Plan (Plan) is intended to guide future City efforts and investments related to responding to the impacts from and the needs of Concord’s unsheltered population, using data and fact- based information.

In very broad strokes, the Plan will be developed under Council’s direction and will incorporate:
 Strong community engagement/involvement including residents, businesses, individuals with lived experience, service providers, faith-based groups, etc.  A working Group, appointed by the Council, to work directly with staff and the consulting team to guide the development of the Plan.
 A comprehensive background report which, at minimum, describes:
o Current system and community services, where the services reside, and associated strategies, challenges, and costs.
o Unmet needs, system gaps, and system performance.
o Overview of federal, state, and regional/county data, roles, funding, and strategies.
 The development of a vision, goals, and objectives with measurable performance targets.
 Development of an implementation plan for the defined objectives, including prioritized recommendations or investment of the money Council has set aside to invest in responding to the impacts from and needs of Concord’s unsheltered population.

The Working Group will meet in person once per month, at minimum, for approximately nine to twelve months, and meetings are anticipated to last from 1-3 hours, depending on the agenda. Meetings will be subject to the Brown Act, noticed in advance, and open to the public with opportunities for public comment. Members are expected to attend all meetings, read all materials, and be prepared to listen and engage on the topics discussed. The Working Group’s first two meetings occurred on March 22 and April 24.

The agendas and materials relevant to each of the Working Group’s meetings can be viewed on the City’s webpage here: https://www.cityofconcord.org/1036/Homeless- Strategic-Plan. All Working Group meetings are held on the fourth Monday of the month

City Council Agenda Report
Agenda Item No. 5.b
May 2, 2023
at 6:00 pm at the Concord Senior Center located at 2727 Parkside Circle. All meetings are open to the public.

On April 4, 2023, Council requested that staff agendize a discussion on the composition of the Working Group, so Council could consider adding additional representatives, including one representing the LGBTQI+ community.

Analysis
Council should consider whether it wants to add one or more additional representatives to the nine-member Working Group. Should Council wish to add additional representatives, Council must determine the following:

1. What community groups or organizations should be added to the Working Group; and

2. Whether any new members will be required to live or work in Concord.

With Council direction on the topics above, staff will verbally note for Council and the public modifications to the draft Resolution (attached), which Council would need to adopt as the means for modifying the Working Group’s composition.

Further, if Council adds new positions and adopts the Resolution, Council is asked to announce the opening of the recruitment for the new positions, during the Council meeting. The recruitment time frame would be as follows:

May 2, 2023 Council opens recruitment for new positions May 3, 2023 Clerk advertises the recruitments
May 26, 2023 Recruitment closes (3-week recruitment window) June 6, 2023 Council selects applicants to interview on June 13, 2023 June 13, 2023 Council interviews and appoints new members Financial Impact
Enlarging the size of the Working Group has no fiscal impact.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant

City Council Agenda Report
Agenda Item No. 5.b
May 2, 2023
effect on the environment.” 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. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted and various interested parties lists were used to provide notice of tonight’s meeting.

Attachments

1. Resolution amending Resolution No. 23-3, Establishing a Homeless Strategic Plan Working Group, by adding additional representatives

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending Resolution No. 23-3, A
Resolution Establishing a Homeless Strategic Plan
Working Group, by Adding Additional
Representatives
Resolution No. 23-XX
/
WHEREAS, on August 23, 2022, the City Council discussed approaches for developing a City of Concord Homeless Strategic Plan, which is a priority project for the City Council for Fiscal Year 2022-23; and
WHEREAS, as part of the August 23, 2022 conversation, Council supported the formation of a Council appointed special-purpose Working Group to advise staff and the consultant on the development of the Homeless Strategic Plan; and
WHEREAS, on December 13, 2022, the City Council established a Homeless Strategic Plan Working Group (Working Group) by adopting Resolution No. 22-77; and WHEREAS, on January 24, 2023 the City Council amended Resolution No. 22-77 by removing the Concord resident requirement from the business community representative; and WHEREAS, on April 4, 2023, the City Council requested an amendment to the composition of the Working Group by adding additional representatives, including one representing the LGBTQI+ community.

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

Section 1. Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be Attachment 1

Res No. 23-XX 2
seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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. Individual projects will undergo CEQA analysis as necessary.

Section 2. Authorizes the Working Group Membership and Composition of the Homeless Strategic Plan Working Group (Working Group) to help guide development of the Homeless Strategic Plan, as generally described below:

1.1 Working Group Membership and Composition: The initial Working Group shall consist of X members appointed by the City Council. Membership criteria includes:

1.1.1 Two Concord City Councilmembers.

1.1.2 One representative with lived experience of being homeless.

1.1.3 One representative from a nonprofit homeless services provider.

1.1.4 One representative that is a substance abuse professional.

1.1.5 One representative that is a mental health professional.

1.1.6 One representative that is a Concord resident and property owner.

1.1.7 One representative that is either from Concord’s business community or an owner of commercial property in Concord.

1.1.8 One representative that is a veteran homeless services provider.

1.1.9 One representative that is from, or that has experience working with, the LGBTQI+ community.

1.1.10 For the lived experience (1.1.2), nonprofit homeless services provider (1.1.3), substance abuse professional (1.1.4), mental health professional (1.1.5), and LGBTQI+ community (1.1.9) representatives, preference shall be given to applicants that are either from or based in Concord.

1.2 Member Alternates: Members may designate an alternate in the event they cannot attend a meeting. However, alternates must be a member of the agency or an expert in the subject matter represented by the primary member and be of sufficient expertise and qualification to participate fully in the meeting discussion. A member may designate one alternate.

Res No. 23-XX 3
Members and their alternates are responsible for fully sharing information and communicating Working Group discussions with each other. If a member cannot attend a scheduled meeting, they shall make every effort to notify staff thereof and arrange for their designated alternate to attend in their place.

1.3 Working Group Functions and Roles: The Working Group will act as an advisory body to Council, staff and the project consultants working on development of the Homeless Strategic Plan. The Working Group will meet at least monthly for approximately nine to twelve months. Meeting durations will vary from one to three hours to hear, discuss, and provide feedback on information brought forth by staff and consultants. Meetings will be subject to the Brown Act, noticed in advance, and open to the public with opportunities for public comment.

1.4 Working Group Term of Appointment: Member terms are for the life of the Working Group, which is anticipated to be nine to twelve months.

1.5 Working Group Application and Selection Process: Individuals interested in serving on the Working Group shall be asked to complete and submit a written, online application specifying certain information related to the position. The City Council shall review the applications, conduct interviews, and appoint members to the Working Group.

1.6 Appointment of Councilmembers as Chair and Vice Chair: The City Council shall appoint two Councilmembers to serve as Chair and Vice Chair of the Working Group.

1.7 Working Group Meeting Frequency and Organization: The working Group shall meet monthly or more frequently as needed, usually in the evenings and in person, with potential additional meetings on weekends and other times. Working Group meetings will be convened and supported by City staff, and shall be open to the public and subject to public meeting regulations.

1.8 Duration of the Working Group: The Working Group shall cease to exist following adoption of a Homeless Strategic Plan or until such time as the City Council terminates the Working Group, whichever comes sooner.

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

Res No. 23-XX 4
PASSED AND ADOPTED by the City Council of the City of Concord on May 2, 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 May 2, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: May 2, 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: Joan Ryan, Principal Planner
[email protected]
925-671-3370
Subject: Study Session – considering the following:

1. An update on the preparation of the City’s Objective Design Standards (ODS) document;

2. An overview of the draft standards and diagrams for the five sections: Citywide, Downtown, Neighborhoods,
Corridors, and Special Case/Infill areas; and

3. Providing feedback on the administrative draft Objective Design Standards, for incorporation into the final draft Objective Design Standards (continued from April 11,
2023).

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

Report in Brief
The State has limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects, whereby the City of Concord (City) can now only rely on the application of objective design standards. To address this limitation, the Council has prioritized the development and adoption of Objective Design Standards (ODS) to apply to qualifying housing projects.

5.c5.c5.c5.c5.c5.c5.c5.c

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
Council is holding this study session to review the Administrative Draft ODS (Attachment 1) and provide feedback on them. Following direction and input from Council, this information will be shared with the Design Review Board (DRB), the Planning Commission, staff and the consulting team working on the project to assure alignment. A public draft ODS document will then be prepared, which will be reviewed by the DRB, Planning Commission, and a Final Draft ODS document will ultimately be reviewed and considered by Council.

Recommended Action
Study Session – consider the following:

1. An update on the preparation of the City’s Objective Design Standards (ODS) document;

2. An overview on the draft standards and diagrams for the five sections: Citywide, Downtown, Neighborhoods, Corridors, and Special Case/Infill areas; and

3. Provide feedback on the administrative draft Objective Design Standards document for incorporation into the final draft Objective Design Standards.

Background
Recent state laws have limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects; the City can now only rely on the application of objective design standards1 to these projects. Objective standards are those that do not involve discretion or subjective judgment. Those standards can typically be referenced to an external and uniform benchmark or criterion.

A qualifying project is defined under the various State laws as including those submitted under the Housing Accountability Act including those submitted under Senate Bill (SB) 35 (Streamlining), SB 3302 (Housing Crisis Act), SB 9 (HOME Act), and AB 2011 and SB 6 (Mixed Use/Commercial) projects, and other affordable housing projects, as well as those applying under the City’s Affordable Housing Incentive Program. In general, this applies to a multi-family residential project with affordability built into it and to urban lot split projects where a single family property is divided under SB 9.

The adoption of objective design standards will ensure the City can maintain quality design with creative, economically feasible, and sustainable standards. More specifically, the City seeks to establish the ODS document to apply to qualifying residential housing development projects when the City’s discretionary review is limited or prohibited. 1 SB 330 defines objective design standards as, “involving no personal or subjective judgement by a public official and being 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.” 2 The provisions of SB 330 (Housing Crisis Act) were extended by SB 8 until January 1, 2030.

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
2023 – 2031 Housing Element Update
On March 14, 2023, the City Council adopted the 2023 – 2031 Housing Element Update (HEU), which contains a program (HEU Objective 15.3) to develop objective design standards for multifamily and mixed-use housing projects. The ODS project will not only respond to the aforementioned state laws, but it is also the City’s first step in the creation of a streamlined non-discretionary or by-right review process for these qualifying housing projects. The by-right process will eliminate the discretionary Design and Site Review process for projects that meet all the objective standards (HEU Objective 15.2).

State law is also requiring jurisdictions to remove any discretionary processes associated with emergency shelters. Currently, the City’s Development Code (Concord Municipal Code Chapter 18) requires a discretionary Design and Site Review process for this use, and HEU Objective 22.6.b identifies necessary amendments to the Development Code to remove that requirement. This ODS document will be incorporated into the development code and will ensure there are design standards that replace the discretionary Design and Site Review process for qualifying projects.

There have been seven ODS project meetings to date:
 April 6, 2022 – Joint Special Meeting of the Housing & Economic Development Committee, Planning Commission, and Design Review Board – Previewed the project intent, approach, timeline and invited feedback on important design issues based on recent experiences while reviewing projects at Council, Planning Commission, and DRB meetings.
 August 29, 2022 – Joint Special Meeting of the Planning Commission and Design Review Board – Reviewed highlights of prior comments at the April 6, 2022, meeting, provided a draft outline of the document, and provided the opportunity for discussion on specific design issues.
 October 13, 2022 – Staff Primer for the Special Meeting of the Design Review Board – In preparation for the October 20, 2022 meeting, staff provided a brief outline for the ODS document, and a preview of the different methods to achieve an objective standard as preparation for a more in-depth discussion of specific architecture and site planning design standards for the Downtown and Neighborhood areas.  October 20, 2022 – Special Meeting of the Design Review Board – Discussion of the City’s ODS document with a focus on the preparation of draft standards and diagrams for the Downtown and Neighborhood areas and the different methods to achieve an objective standard.
 November 17, 2022 – Special Meeting of the Design Review Board – Discussion of the City’s ODS document with a focus on the preparation of draft standards and diagrams for the Corridors and Special Case/Infill areas and the different methods to achieve an objective standard.

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
 December 21, 2022 – Planning Commission Study Session – Overview of the progress and a discussion of the City’s ODS document with a focus on the preparation of draft standards and diagrams for the four sections: Downtown, Neighborhoods, Corridors, and Special Case/Infill areas.
 February 23, 2023 –Design Review Board Meeting – Consideration of preliminary standards to address urban lot splits and two-unit projects pursuant to Senate Bill 9 for incorporation into the Objective Design Standards document.

Following the April 6, 2022, Joint Special Meeting of the Housing & Economic Development Committee, Planning Commission, and Design Review Board (DRB), the Project Team (comprised of City Planning staff and the consultant) focused on three (3) things:
 Comprehensive review of the City’s existing design documents including the City’s Design Guidelines, the Downtown Design Guidelines, and Downtown Concord Specific Plan Design Guidelines.
 Preparation of a framework document based upon the comments provided at the joint meeting.
 Consultation and interviews of developers/applicants to understand their experience in navigating the City’s Design and Site Review and entitlement processes and their familiarity and practice with the City’s design guidelines.

Key responses from developers/applicants focused on clarity of standards, reducing ambiguity, and providing a defined process. The resulting feedback focused the Project Team’s efforts within the ODS document.

The ODS project’s overall goals are to support Concord’s tradition of high-quality design while generating standards that support the requirements of state law and to facilitate the implementation of the HEU to streamline the processing of housing projects. The design of qualifying housing projects would be required to meet the objective design standards or, alternatively, applicants may choose to pursue design flexibility beyond the ODS document using the City’s current discretionary review process.

The intent of the ODS project is to develop objective design standards based on the City’s existing design guideline documents. These standards will enhance the existing character within the City by replacing the existing subjective standards that cannot be applied to qualifying housing projects with comparable objective standards. These standards will be implemented through codification in the City’s Development Code under a new Chapter,

18.152. The implementing ordinance will be coupled with an illustrative document which will contain the actual design standards and diagrams. This process will also include the preparation of new checklists and forms and establish processes that provide clear guidance to applicants on the City’s design standards for submittal and permitting requirements.

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
Objective Standards
There are several different ways to achieve an objective standard.  True/False Statements – for items that cannot be measured.

Example: Street facing building facades shall include building entrances facing the street.
 Ratios and Calculations – to provide standards linked to the scale of a project.

Example: Common open space shall have a minimum of 30 square feet per unit in the development.
 Counts and Measurements – providing a clear numeric value to represent the desired size or distance for building features.

Example: A minimum of 2 feet of change in plane along the face of the building shall be included every 20 feet along the façade facing the street frontage.  Lists – to provide flexibility, utilizing a list of options.

Example: Entryways shall include at least two of the following: 1) door with a window, 2) raised landing area of 20 square feet, 3) decorative landing utilizing pavers or stamped concrete, or 4) recessed entry of at least 3 feet.  Scorecards – to select from a menu of options, where each is assigned a number of points.

Example: Landscape area must provide the type of plants necessary to achieve a score of 40 points per 10 square feet of landscaping, based on a table of plant types and points.
 Benchmarks and Performance Measures – utilizing references to adopted performance standards such as parking ratios, WELO (water efficient Landscape Ordinance) standards are examples.

Example: Landscape plans shall utilize WELO standards for at least 80% of landscaped area.

In addition, the California Department of Housing and Community Development (HCD) has provided a primer on ODS to provide assistance to cities in developing their standards by providing a variety of tools, approaches and examples (See link for Attachment 7, last page of report) which the Project Team has been utilizing to assist in development of the City’s standards.

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
Analysis
The ODS document provides overarching standards that would apply Citywide, along with four areas of focus: Downtown, Neighborhoods, Corridors, and Special Case/Infill. These four areas were identified based on their geography and character, with the objective design standards tailored to address the distinctive conditions and environment in each area. Each of the four geographies are discussed in more detail below, first describing their general location and pertinent design intent for each, followed by an overview of various design topics/elements, included in each section. These geographies and design topics were considered and firmed up by the DRB and Planning Commission at a series of five meetings. The feedback received by the DRB and Planning Commission on these five areas has been woven into the document; a summary is provided as Attachment 2.

Citywide Standards
The standards for this section are intended to apply Citywide,are universal to all building types, and are the foundation of encouraging the highest level of design quality while allowing some flexibility in the design of multi-family and mixed-use residential development.

Design topics include site planning and orientation, treatment/ screening of parking, building massing and articulation, roof treatments, materials, colors, landscape design and detailing.

Downtown
Standards for this section focus on the urban core of the downtown area3. The Downtown section is largely guided by the Downtown Concord Design Guidelines document4, which promotes specific architectural styles (Spanish Colonial Revival and Mediterranean Revival) in the “Inner Core” area of the downtown whereas the “Outer Core,” is to be more reflective of the Spanish and Mediterranean styles, while still maintaining high quality architecture (Attachment 3).

Design topics for the Downtown section focuses on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, materials, colors, landscape design and details.

Neighborhood Standards
Standards for this section focus on residential subdivisions with low and medium density neighborhoods, with the intent of retaining a cohesive high quality architectural design for these areas (Attachment 4).
3 This area includes the Downtown Concord Design Guideline’s Inner and Outer Core. 4 The Downtown Design guidelines were approved in February 2017 and amended in October 2019 and August 2020.

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
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, materials, colors, landscape design and details.

Corridors
Standards for this section are focused on housing and mixed-use projects, generally medium- to high-density, situated along the primary roadways and higher volume corridors within the City (i.e. Clayton Road, Willow Pass Road, Treat Boulevard, Monument Boulevard, etc.) (Attachment 5).

Design topics for this geography focus on site planning and orientation, treatment and/or screening of parking, building massing and articulation, roof treatments, windows and doors, materials, colors, landscape design and details. Corridor areas will also include those commercial sites, which due to the passage of new state laws5 can be developed with housing.

Special Case/Infill Standards
Special Case (Infill) areas include those infill sites, primarily within single-family zoned districts (Attachment 6), 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 also addresses units that can be constructed under SB 96 and emergency shelters. The feasibility to pursue 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 Concord as new development and property improvements occur. Important design aspects in consideration of SB 9 residential projects, due to the ability to densify certain single-family sites include:
 Proximity to existing adjacent buildings.
 Four-sided, high-quality architecture.
 Denser use (ADUs, typically are not subject to lot coverage requirements).  Size, proximity, placement of windows, entry doors and patio doors to other units.  Parking for primary residence and any additional residences. 5 Senate Bill 6 and Assembly Bill 2011.
6 SB 9 created a ministerial process for homeowners to create a duplex or second single family home (on the same lot) or subdivide an existing lot through a ministerial (non-discretionary) process, based on a specific list of criteria in order to allow no more than four units on the original single-family parcel. SB 9 only allows the application of objective development and design standards.

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
 Ability for shared driveway access.

Design Review Board (DRB) and Planning Commission Feedback Feedback from the DRB and Planning Commission (Attachment 2) on all five sections – Citywide, Downtown, Neighborhoods, Corridors and Special Case/Infill areas – has helped form and identify the key design elements to be addressed in the ODS document.

In addition, their feedback has assisted the Project Team in selecting the most appropriate tools/approaches (i.e., counts and measures, ratios and calculations, lists, scorecards) to be utilized in the ODS document to contribute towards an overall, high- quality building design. That direction and those standards have been carried forward into the preparation of the Administrative Draft of the ODS (Attachment 1).

The Project Team plans to meet again with the developer panel, previously interviewed in February/March 2022, to discuss and review the preliminary standards within the Administrative Draft and receive their initial input, prior to publication of the final draft ODS document. City staff (Staff) has also been conducting initial analyses and “testing sessions” of a few recent projects to “assess the practical use” of the draft ODS standards for ease of use, clarity, and to determine any potential conflicts or unintended consequences. As a result, staff anticipates crafting some modifications to further simplify or to provide clarity, as well as additional graphics to better portray the proposed standards.

Next Steps
Following the Council meeting, Staff will incorporate feedback and direction provided into the ODS document to ensure it is aligned with Council’s objectives and vision, prior to finalizing a public draft and publishing the draft ODS document for public review; anticipated in May 2023.

Financial Impact
The ODS project is being jointly funded by LEAP and REAP grant funds. The impact of the eventual adoption of the Objective Design Standards, is expected to reduce overall development costs to developers and applicants by providing clear standards that serve to streamline housing projects overall by eliminating the need for Preliminary and Final Design Review Board meetings, thus shortening the entitlement process. Clear, objective standards also provide certainty to developers and applicant, thus, cutting down on back-and-forth review cycles where there is less room for interpretation and gray areas.

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 objective design standards documents do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or

City Council Agenda Report
Agenda Item No. 5.c
May 2, 2023
15378 because it has not potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Even if the objective design standards documents did constitute a project under CEQA, the objective design standards documents fall within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed objective design standards documents do not warrant further environmental review.

Public Contact
The City Council Agenda was posted.

Attachments

1. Administrative Draft ODS standards, dated April 5, 2023

2. Design Review Board and Planning Commission feedback, August 2022 – February 23 meetings

3. Inner and Outer Core Map from the Downtown Design Guidelines

4. Neighborhood Focus Area Map

5. Corridors Focus Area Map

6. Special Infill Areas Map

7. HCD-Technical Assistance Briefing on Objective Design Standards, June 20217
7 The full URL is: https://hcdcagov.app.box.com/s/baznxdyweq6a8txcrb22li0gogqodzz6

Attachment 1

04.26.202
3 TOC-1 | Page
This is a Working Administrative Draft Document, which includes remaining placeholders for future graphics and notes to staff, which will be addressed as the Administrative Draft is prepared and prior to publication of the Public Draft, anticipated to be in early June.

TITL
E 18.152: OBJECTIVE DESIGN STANDARDS
Multiple Family Residential Objective Design Standards (Alt: Qualifying Single -Family, Multiple Family, and/or Mixed-Use Residential Objective Design Standards) Table of Contents
Section 18.152.010 Purpose and Applicability .....................................................................................1 A. Purpose, Intent, and Applicability .......................................................................................................... 1 B. Relationship to Other Standards and Requirements ............................................................................. 2 Section 18.152.020 Citywide Objective Design Standards ....................................................................3 A. Site Plan .................................................................................................................................................. 3

1. Site Planning and Orientation ....................................................................................................... 3

2. Parking .......................................................................................................................................... 4 B. Architectural/Building Design ................................................................................................................ 5

1. Massing and Articulation .............................................................................................................. 5

2. Roof Treatments ........................................................................................................................... 5

3. Windows and Doors ...................................................................................................................... 6

4. Materials ....................................................................................................................................... 6

5. Colors ............................................................................................................................................ 8 C. Landscape Design ................................................................................................................................... 8

1. Landscaping ................................................................................................................................... 8

2. Street Trees ................................................................................................................................... 9

3. Grading and Drainage ................................................................................................................... 9

4. Plant and Non-plant Materials .................................................................................................... 10

City of Concord - Section 18.152 Objective Design Standards 2 | Page 04.26.2023

5. Water Conservation .................................................................................................................... 10 D. Detailing................................................................................................................................................ 11

1. Public Art ..................................................................................................................................... 11

2. Loading, Service and Refuse Areas ............................................................................................. 11

3. Utility and Mechanical Equipment .............................................................................................. 12

4. Lighting ........................................................................................................................................ 12

5. Emergency Access and Addresses .............................................................................................. 13

6. Signage ........................................................................................................................................ 13

7. Fencing and Retaining Walls ....................................................................................................... 13

18.152.030 Downtown Standards ..................................................................................................... 15 A. Site Plan ................................................................................................................................................ 15

1. Site Planning and Orientation ..................................................................................................... 15

2. Parking ........................................................................................................................................ 16 B. Architectural and Building Design ........................................................................................................ 16

1. Massing and Articulation ............................................................................................................ 16

2. Architectural Style ....................................................................................................................... 18

3. Roof Treatments ......................................................................................................................... 20

4. Mixed Use Buildings with Ground-Floor Retail/Commercial Use ............................................... 21

5. Windows and Doors .................................................................................................................... 22

6. Materials ..................................................................................................................................... 23

7. Color ............................................................................................................................................ 23 C. Landscape Design ................................................................................................................................. 24

1. Landscape Enhancements ........................................................................................................... 24

2. Urban Landscape Improvements ................................................................................................ 24

04.26.2023 TOC-3 | Page
D. Detailing................................................................................................................................................ 25

1. Architectural and Building Enhancements .................................................................................. 25

2. Service and Refuse Areas ............................................................................................................ 25

3. Addresses and Mailboxes ........................................................................................................... 26

4. Utility and Mechanical Equipment .............................................................................................. 26

18.152.040 Corridor Standards ......................................................................................................... 27 A. Site Plan ................................................................................................................................................ 27

1. Site Planning and Orientation ..................................................................................................... 27

2. Parking ........................................................................................................................................ 27 B. Architectural/Building Design .............................................................................................................. 28

1. Massing and Articulation ............................................................................................................ 28

2. Roof Treatments ......................................................................................................................... 28

3. Window and Door Placement ..................................................................................................... 29

4. Materials ..................................................................................................................................... 29

5. Color ............................................................................................................................................ 29 C. Landscape Design ................................................................................................................................. 29

1. Street Trees ................................................................................................................................. 29

2. Grading and Drainage ................................................................................................................. 29 D. Detailing................................................................................................................................................ 29

1. Loading and Service .................................................................................................................... 29

2. Emergency Access and Visible Address ...................................................................................... 29

3. Utility and Mechanical Equipment .............................................................................................. 29

4. Lighting ........................................................................................................................................ 30

5. Fencing ........................................................................................................................................ 31

City of Concord - Section 18.152 Objective Design Standards 4 | Page 04.26.2023

18.152.050 Neighborhood Standards ................................................................................................ 32 A. Site Plan ................................................................................................................................................ 32

1. Site Planning and Orientation ..................................................................................................... 32

2. Parking ........................................................................................................................................ 33 B. Architectural/Building Design .............................................................................................................. 34

1. Massing and Articulation ............................................................................................................ 34

2. Roof Treatment ........................................................................................................................... 35

3. Window and Door Placement ..................................................................................................... 35

4. Detailing ...................................................................................................................................... 35

5. Materials ..................................................................................................................................... 35

6. Color ............................................................................................................................................ 35 C. Landscape Design ................................................................................................................................. 36

1. Treatment of Setbacks ................................................................................................................ 36

2. G rading and Drainage ................................................................................................................. 36

3. Types of Plant Materials ............................................................................................................. 36 D. Detailing................................................................................................................................................ 36

1. Loading and Service .................................................................................................................... 36

2. Emergency Access and Visible Address ...................................................................................... 36

3. Utility and Mechanical Equipment .............................................................................................. 36

4. Lighting ........................................................................................................................................ 37

5. Fencing ........................................................................................................................................ 37

18.152.060 Special Case Standards (Infill, SB 9, Emergency Shelters) ................................................. 39 A. Site Plan ................................................................................................................................................ 39

1. Neighborhood Context ............................................................................................................... 39

04.26.2023 TOC-5 | Page

2. Site Planning and Orientation ..................................................................................................... 39

3. Parking ........................................................................................................................................ 39 B. Architectural/Building Design .............................................................................................................. 40

1. Massing and Articulation ............................................................................................................ 40

2. Roof, Windows, Doors, Detail ..................................................................................................... 40

3. Color ............................................................................................................................................ 41

4. Transitional Requirements .......................................................................................................... 41 C. Landscape Design ................................................................................................................................. 41

1. Landscaping ................................................................................................................................. 41 D. Detailing................................................................................................................................................ 42

1. Loading and Service .................................................................................................................... 42

2. Fencing ........................................................................................................................................ 42

3. Lighting ........................................................................................................................................ 42 APPENDIX ........................................................................................................................................ 43 A. Definitions and Abbreviations .............................................................................................................. 43 B. Development Standards for Special Case Standards ........................................................................... 46

List of Tables
Table 1: Table Title (Heading: Table Title ZC) ............................................. Error! Bookmark not defined.

List of Figures
Figure 1: Figure Title ................................................................................. Error! Bookmark not defined.

City of Concord - Section 18.152 Objective Design Standards 6 | Page 04.26.2023
KEY
Note: Potential Graphic
Note: K ey Dimension Reviewed and Confirmed by DRB/Staff Note: Need/Developing final determination

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

04.26.2023 1 | Page
Section 18.152.010 Purpose and Applicability
The following Objective Design Standards apply to all qualifying residential projects throughout the City of Concord. These projects, many of which are m ulti-family and mixed -use residential developments, appear in a variety of forms including high -rise, mid-rise and mixed-use buildings, rowhouses, duplexes and triplex as well as multi-lot single family homes.

Qualifying projects include those submitted under Senate Bill 35, SB 330 1, SB 9 and other affordable housing projects, as well as those applying under the City’s Affordable Housing Incentive Program (See CDC Section 18.20.030 Definitions).

The design standards distinguish between projects in Downtown Concord (the urban core of the community), Corridors (along a set of major arterials), Neighborhood (along residential streets) and Special Case (infill and projects under Gov. Code, § 65852.21, subd. (b); 66411.7, subd. (c) ). These standards will present common goals that encourage the highest level of design quality while allowing flexibility in the design of qualifying residential development projects.

A. Purpose, Intent, and Applicability

1. This Chapter establishes objective design standards for new multi-family residential developments and/or mixed- use developments that include at least a two -thirds residential component in terms of overall project building square footage , emergency shelters, residential developments approved under the provisions of Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c). This includes, but is not limited to, duplexes, triplexes, townhouses, row houses, and mid-rise building types. The objective design standards draw from and complement existing context-based design guidelines criteria set forth in land policy documents adopted by the city and include the City of Concord Citywide Design Guidelines, Downtown Concord Design Guidelines, North Todos Santos Design Guidelines, and the Downtown Concord Specific Plan.

2. These objective design standards are intended to maintain the high -quality site planning and building design for residential and mixed-use projects and intended to integrate with surrounding existing development, where new development is proposed . The standards are prepared to facilitate development designed and constructed in a manner that conforms to past community design priorities. The purpose of the objective design standards is to reduce barriers to housing for any qualifying project and accelerate housing production through the clear communication of design objectives and streamlined review for qualifying housing projects.

3. This Chapter does not apply to non -qualifying single-family homes, non -qualifying multi-family properties, historic prope rties, commercial- only projects, and any other non- residential developments.

1 The provisions of SB 330 (Housing Crisis Act) were extended by SB 8 until January 1, 2030.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 2 | Page 04.26.2023
B. Relationship to Other Standards and Requirements

1. The city o f Concord intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for housing development within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California State l aw. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the city’s local values, which include without limitation the aesthetic character of the City o f Concord, its neighborhoods and community.

2. Standards for Applicable Zoning District. These objective design standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located.

3. Subdivision Regulations. Article X of the Code of Ordinances establishes regulations for the subdivision of land. Where conflict exists between these objective design standards and the provisions of Article X, the provisions of this Title 17, Section 17.10 shall govern.

4. Relation to Other Regulations.
i. C DC , Building Code.
ii. Where a conflict occurs between the requirements of the objective design standards and other city requirements, the more restrictive provisions shall apply.

5. Reference to the Objective Design Standards Companion Guide. The descriptive Objective Design Standards can be found in the Objective Design Standards Companion Guide, located within the City’s Permit Center at 1950 Parkside Drive, Building D and on the City’s website under t he Planning Division p age. The ODS Companion Guide is hereby incorporated by reference, and provides language, diagrams, sketches , and graphics to assist developers and the public in understanding the standards and how they shall be applied to qualifying residential projects.

6. All qualifying residential applications shall be reviewed and approved or disapproved administratively by Planning Division staff, as Administrative Permits, conducted in comp liance with Division VII of this title (Permits and Permit Procedures).

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

04.26.2023 3 | Page
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 Citywide section (i.e. Downtown, Corridors, etc.), that have differing standards, shall 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, and more.

A. Site Plan

1. Site Planning and Orientation
a. Setbacks are specified per the C DC 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 fifty (50) percent of the exterior building wall 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. Bu ildings located along SPA Commercial, SPA Community, Major Commercial, and Gateway Streets shall indicate on the plans the shadow cast relative to the far curb line on the opposite side of adjacent streets on December 21 (Winter Solstice) and demonstrate that sidewalks receive direct sunlight at 1:30 p.m. solar time [Confirm Time-of-day]. d. Bu ildings abutting existing residential uses to the side and rear shall not intersect a forty-five- degree plane inclined inward starting from a height of twenty -five (25) feet above existing grade at the lot line. [GRAPHIC: Daylight plane]
e. A pplicants 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.
f. Projections of steps, stoops, porches, patios, and terraces into the required building setback zone are specified pursuant to CDC Section 18.150.140.
g. Shared common entries for larger residential buildings shall be through an entry lobby or courtyard facing the primary street.
h. 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

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 4 | Page 04.26.2023
pedestrian access shall be provided for each buildin g entry . For mixed use projects, commercial uses on corner properties shall include direct pedestrian access only from the front, or corner side property line.
i. Common open spaces shall be accessible from all buildings and connected by a site -wide pedestrian circulation system.
j. Open space/Unit is specified per the CDC Table: 18.45.030 and CDC Section 18.150.100 Open space and recreational facilities for residential developments. k. 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, or secondary street if unique layout prevents reasonable access.
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 one of the following (including openings to allow for air flow):
vi. building walls

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

04.26.2023 5 | Page
vii. landscaped berms,
viii. shrubs
h. On structured parking, reflective colors and finishes are prohibited.

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, but in no event shall any of the approaches, conflict with the intent of the implementation of statewide standards (Section 65850.5a) to achieve timely and cost - effective installation of solar energy systems:
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:

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 6 | Page 04.26.2023
i. articulated saddles
ii. gables
iii. hip and valleys
iv. dormers
v. shed
vi. eave overhang of a minimum of eighteen (18) inches with exposed rafters d. 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. e. Flat roofs shall include a minimum of one (1) of the following details:
i. Raking cornice
ii. Parapet
f. 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
g. For buildings over forty (40) feet tall, downspouts shall be incorporated into the interior design of the wall.
h. 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. i. 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 building walls and fencing:

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

04.26.2023 7 | Page
TABLE 1: Allowable Building Materials
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.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 8 | Page 04.26.2023

5. Colors
a. On all exterior building walls, buildings shall utilize a minimum of two (2) colors, exclusive of trim. On any exterior building wall greater than one hundred (100) feet in length, 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 u sed, 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. Shrub plantings, used as screening for parking area, shall be provided at a minimum height of three (3) feet to block headlight glare to seventy (70) percent light transmission and 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.

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

04.26.2023 9 | Page
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

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 10 | Page 04.26.2023
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

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

04.26.2023 11 | Page
municipal ‘purple pipe’ system shall be provided, when available within public right-of-way or proximate to the rear of the site.
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 [Photo Example]
iv. Venetian Plaster [Photo Example]
v. Trompe L’oeil [Photo Example]

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 proj ect, not visible from the public right-of-way. Individual trash toters shall be incorporated within garage areas while still maintaining minimum garage dimensions, within an exterior cabinet enclosure designed within the footprint of the home, or within a side yard of the home. b. If lot constraints (depth, size, and configuration) prevent provision of the required loading and service areas 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.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 12 | Page 04.26.2023
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. 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) foot- wide landscape strip.
i. Development of some sites will require the installation of a bus stop. The l ocation 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. G
round -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) as 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.

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

04.26.2023 13 | Page
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
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. To accommodate emergency vehicular access, w here possible, double access routes for emergency vehicles shall be provided using parking aisles and access drives. b. Lighted address markers shall be posted in a location on the building 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, including those on buildings or ground signs, shall be prohibited.

7. Fencing and Retaining Walls
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

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 14 | Page 04.26.2023
d. The following materials are allowed for retaining wall materials:
i. Stone or brick
iii. Wood
iv. Masonry or interlocking concrete blocks

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

04.26.2023 15 | Page

18.152.030 Downtown Standards
The heart of the City’s downtown is the Todos Santos Plaza, which retains the City’s original name of Todos Santos, distinguished by its authenticity and historic assets, preserved, and strengthened by the strategic infill of new high-quality development that links the past with a vibrant future. Todos Santos Plaza 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) wh ich 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 document 2, 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.

Downtown standards shall prevail, if any conflicts are found with res pect to setbacks in CDC Section

18.45.030, Table: 18.45.030 . For those sites outside of the Inner and Outer Core boundaries of the Downtown Area, as reflected in Figure X, the Corridors Section 18.152.040 shall be utilized. [The downtown section addresses 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 t he 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. [GRAPHIC: Commercial Setback]
c. S teps, stoops, porches, patios, portico, and terraces shall be allowed in th e building setback area per the Development Code, with limitations, based on Table 18.150.140. d. Residential entries for ground floor units with access from the street shall be provided at grade to promote accessibility and pedestrian activity at the street level, resulting in multiple

2 The Downtown Design guidelines were approved in February 2017 and amended in October 2019 and August 2020.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 16 | Page 04.26.2023
entries at street level. These may be in addition to a common entry or lobby location via a hallway.
e. Buildings that are not adjacent to a street shall have units with front entries that are oriented to interior common areas, s uch as paseos, courtyards, and usable open space areas, consistent with Development Code Section 18.150.100(G). f. D irect 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 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 group parking structures and the pedestrian walkway. b. Parking located such that it is 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 mixed- use 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 operating 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. I ntrusion into the step -back plane up to the maximum allowed height is allowed for up to twenty-five (25) percent of the building massing. [GRAPHIC: Step-back]

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

04.26.2023 17 | Page
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. T he 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):
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 (Placeholder Image: Use of Concord specific projects is ok)

e. C
ornices, 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, below.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 18 | Page 04.26.2023
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
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 I dentifying and U nderstanding America’s D omestic Architecture” by Virginia Savage McAlester. T he City ’s Downtown Concord Design Guidelines identify two primary styles and two secondary styles (see below) for use in the Downtown area. b. T he Spanish Colonial Revival Style or the Mediterranean Revival Style s hall be used in the Inner Core area, as shown in Figures 5-8, consistent with Inner Core Design Typology. [FIG 5, 6, 7, 8: Primary Style].
c. S panish 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. Window or faux window openings limited to 25% of an exterior building wall area
iv. Deep recessed openings a minimum of twelve (12) inches v. Outdoors terraces
vi. Vernacular Spanish Colonial decorative ironwork

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

04.26.2023 19 | Page
Fig. 5: Spanish Colonial Revival Fig 6: Spanish Colonial Revival (Placeholder Images: Concord Downtown Design Guidelines)

d
. Mediterranean Revival 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

Fig. 7: Mediterranean Revival Fig 8: Mediterranean Revival (Placeholder Images: Concord Downtown Design Guidelines)

e. A rts and Crafts (Craftsman) is a secondary architectural style also allowed 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. U se 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 exterior building wall elements v. Inclusion of exposed structural member and wood joinery

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 20 | Page 04.26.2023
f. Italianate is a secondary architectural style, that can also 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

Fig. 9: Arts and Crafts (Craftsman) Fig 10: Italianate
(Placeholder Images: A Field Guide to American Houses – better images to be used)

3. Roof Treatments
a. A minimum of two (2) roof forms and designs shall be incorporated into a building along a street block to create visual interest at the top of multiple adjacent buildings. b. Roof profile s shall provide a minimum of an eight (8) foot change in roof height after a maximum of 60 feet in length of exterior building wall. c. Rooftop gardens or common open space shall occupy a minimum of twenty-five (25) percent of the usable rooftop area for residential housing projects. d. Green roofs (both extensive and intensive) shall be incorporated for all rooftops for market rate residential housing projects of at least 100 units. e. 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

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

04.26.2023 21 | Page

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 shall be a primary integral element.
d. Multiple retail tenants on the ground floor shall 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 exterior building wall, 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
iv. arcade with a covered roof supporting a row of arches g. Building walls that face a street shall include human scaled detailing using 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

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 22 | Page 04.26.2023
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 exterior building wall, 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 architectural 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. Architectural 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. U se 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 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

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

04.26.2023 23 | Page
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 exterior building wall materials transitions shall only occur on the inside corner of plane change or, w hen 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: Exterior Building Wall Material Transitions]
b. F or buildings taller than two (2) stories , the use of stucco shall comprise a maximum of sixty (60) percent of any building exterior building wall that faces a street or open space. c. F or buildings taller than three (3) stories, a new material, texture, or color shall be introduced a maximum of eve ry twenty ( 20) feet of exterior building wall length. [GRAPHIC: New Material Texture]
d. A minimum of t wo (2) materials , textures, or color s shall be used for the full height of the exterior building wall. [GRAPHIC: Material Texture Full Height] e. A t least two materials shall be used on any exterior building wall, in addition to glazing and railings. Any one material must comprise at least twenty (20) percent of any exterior building wall, excluding windows and railings.
f. Buildings with false exterior building walls or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

7. Color
b. An earth-tone color palette shall be required for all structures (see definitions, e.g. RGB code of 964B00).
a. On all exterior building wall, buildings shall utilize a minimum of two (2) colors, exclusive of trim. On any exterior building wall greater than one hundred (100) feet, buildings shall utilize a minimum of four (4) colors. Changes in color due to a change in building material are not considered an additional color.
c. Greater than 80% of any individual exterior building wall 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.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 24 | Page 04.26.2023
C. Landscape Design

1. Landscape Enhancements
a. Landscaping shall be required for all qualifying projects, consistent with CDC Chapters 18.165 and 18.170.
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 measures, such as a swales
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
Urban landscape Improvements shall be incorporated into the project, consistent with CDC Chapters 18.165 Landscaping and

18.170 Water Efficient Landscaping
Chapter 5 of the Downtown Concord Specific Plan shall be referenced for Downtown Street Typologies and Public Improvements, including landscaping plants/pervious materials for the street and public open spaces.
a. To create continuous landscaped areas, landscaping on private lots or along the street edge and within open spaces 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
c. Where street bulb-outs are needed, they shall include landscaping, reference Downtown Concord Corridors Plan Chapter 3 for landscaping, lighting and street furniture requirements

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

04.26.2023 25 | Page
d. Where public realm improveme nts 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 two 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 for 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.
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.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 26 | Page 04.26.2023

3. Addresses and Mailboxes
a. In mixed -use developments, separate secure 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 18.150.080(C)3.

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

04.26.2023 27 | Page

18.152.040 Corridor Standards

Corridor s tandards 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, and other major roadways shown in Figure X – Corridors Map). These include sites in the RM and RH zoning districts that allow for buildings of 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 buildings of up to 30 and 40 feet in height.

T
hose projects within the Downtown Inner and Outer Core boundary, See Figure X, would reference and abide by the Downtown standards. Those projects within the Downtown boundary, but outside of the Inner and Outer Core boundaries would be treated consistent with the Corridor Standards within this section. 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 linked here.
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. Parking shall be located to the rear of the site. If lot constraints (depth, size, and configuration) prevent parking at the back of the site. In these location s, 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 used. Bicycle

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 28 | Page 04.26.2023
parking 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 operating 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. T he massing of building walls shall be broken up using a combination of at least four (4) of the following approaches:
vii. Balc onies
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. V ertical 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:
iv. Color in the architectural design materials palette v. Plantings in the landscape design palette
vi. Texture that is the same as a material in the architectural design materials palette

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

04.26.2023 29 | Page

3. Window and Door Placement
a. Stairways and unit entries shall be oriented towards streets. b. Primary entrances along streets shall include a p orch 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 exterior building walls, buildings shall utilize a minimum of two (2) colors, exclusive of trim. On any exterior building wall 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.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 30 | Page 04.26.2023
b. Utility equipment shall be concealed within buildings or in underground vaults. 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 view- obscuring 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:
vii. Placed underground
viii. Screened by non-plant materials
ix. 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. H eating, ventilation, and air conditioning units located on exterior walls or patios of multi- family projects shall be screened from view by screen walls, decorative railings, or screens, consistent with architectural design palette. [GRAPHIC: Example Photos] j. H eating, 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.

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

04.26.2023 31 | Page

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 fence or wall specifications in 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 o r 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 thirty (30) feet ii. A minimum change of one half (0.5) 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.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 32 | Page 04.26.2023

18.152.050 Neighborhood Standards

Neighborhood s tandards 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. [T he neighborhood section will address multi-family and mixed- use development along neighborhood streets in the RS (RS-6, RS-7, RS-7.5, RS-8, RS-10, RS-12), RR, 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 or along a structure’s front exterior building wall. 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. Primary entrances shall be identifiable through any two (2) of the following approaches:
i. projection over the doorway, such as porch, 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. c hange in materials a minimum of ten (10) percent, such as more glass [POSSIBLE GRAPHIC: Primary Entrance Change in Material] v. lan dscaped pots with vertical landscape elements

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

04.26.2023 33 | Page
f. 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 Chapte r 16.10 Grading, Erosion and Sedimentation Control.
g. Building pads that are artificially exaggerated five (5) percent more than the ground floor floorplate are prohibited.
h. For each development site, provide separate vehicular and pedestrian circulation systems. i. If a bicycle route is adjacent to a proposed project, proposed improvements 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. j. 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 fifty (50) feet apart. b. P arking 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. T he exterior design of a carport shall use a minimum of three (3) of the five (5) materials required on primary building . Parking shall be incorporated within garages or carports, consistent with CDC Section 18.160.080.
d. The design features, including 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. Building wall (exterior) symmetry or asymmetry and detail iii. Window type, relative proportion, shape, and detail iv. Door type, relative proportion, shape, and detail
e. Carport roofs that are flat are prohibited.
f. Pre-manufactured carports are prohibited.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 34 | Page 04.26.2023
g. Carports shall be made of wood and/or metal and surfaces shall be finished with a protective coating.
h. 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. Neighborhoods shall have buildings that are human scaled using one of the following approaches: [GRAPHIC: Example Massing]
i. S eparated 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 exterior building wall
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.

Fig. 11: Building Bulk/Relief and Rhythm (Placeholder Image: Use of Concord specific projects is ok)

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

04.26.2023 35 | Page

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. 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, including shutters, trim, sills, mullions, and/or lintels ii. Ornamentation, including corbels, cornices, and/or moldings

5. Materials
a. See Citywide standards above.

6. Color
a. On all exterior building walls, buildings shall utilize a minimum of one (1) color, exclusive of trim. Buildings shall utilize a minimum of 2 colors overall. Changes in color due to a change in building material are not considered an additional color. b. The walls of parking areas shall be finished in a light-absorbing, non-reflective color.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 36 | Page 04.26.2023
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 front and exterior side yards shall be landscaped and if needed, 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 CDC 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
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.

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

04.26.2023 37 | Page
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 th e 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 ex ceed 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:
i. Placed underground
ii. Screened by non-plant materials
iii. 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 view- obscuring 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. H
eating, 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 E xample Photo] [GRAPHIC: Screening HVAC Example Photo]

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

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 38 | Page 04.26.2023
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
ii. A minimum change of one half (0.5) foot change in height iii. Vertical pilasters every 20 to 30 feet
iv. 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.

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

04.26.2023 39 | Page

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 Accessory Dwelling Units ( ADUs), other than those incorporated as a part of SB 9 projects . (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 e
xperiencing homelessness. The feasibility of pursuing SB 9 projects include s, 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 de tail 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 thirty ( 30) 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. b. For urban lot splits and two -unit projects, roadway maintenance agreements shall be submitted to the Engineering Division for access roadways.

3. Parking
a. Garage and carport placement shall comprise no more than 40% of the front exterior building wall of the unit and be articulated by at least two (2) feet of differentiation along the exterior building wall. Garage entrance shall be set back a minimum of twenty ( 20) feet from the

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 40 | Page 04.26.2023
property line. The maximum garage door size shall be sixteen (16) feet wide by eight (8) feet tall or nine (9) feet wide by eight (8) feet tall for single car garages. b. If garbage/recycling toters will be stored in the garage, additional space of three (3) feet by five (5) feet beyond the minimum garage 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 provide access 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 a 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 adjacent to existing residences by at least four (4) feet, in addition to required setbacks, 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 e xterior building wall 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 Gov. Code, § 65852.21, subd. (b); 66411.7, subd. (c). 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

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

04.26.2023 41 | Page
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 iii. A matching roof slope to that of the of the dominant roof pitch or form

3. Color
a. On all exterior building walls, 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 on adjacent lots. The building height adjacent to an existing building will be a maximum of one story above the height of the allowed development of the adjacent zoning district. Step backs of upper levels will be a minimum of four (4) feet. Also, see Item 1b.

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.
b. For emergency shelters for the homeless, outdoor gathering areas shall include the following:
i. A maximum slope of ten (10) percent
ii. Be centrally located within the development and accessible to all units (except rooftop facilities)
iii. Have a minimum area of five hundred (500) square feet and dimension of no less than fifteen (15) feet as measured by a rectangle is inscribed within

c. For emergency shelters for the homeless, outdoor gathering spaces shall include two (2) of the following amenities:
i. Benches
ii. Tables
iii. Barbeque equipment
iv. Gazebo
v. Shade structure

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 42 | Page 04.26.2023
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.

2. Fencing
a. For urban lot splits and two-unit projects, interior fencing between lots and external fencing at the perimeter of lots shall be provided.
b. For emergency shelters for the homeless, screening around outdoor community areas shall be provided at least five (5) feet in height.

3. Lighting
a. Emergency shelters for the homeless, shall include appropriate (clarify) lighting at the site Table 5: 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

04.26.2023 43 | Page

APPENDIX
A. Definitions and Abbreviations
The terms used in Section 18.152 shall have the following meanings:

Access, Primary. The entrance to a building that is oriented toward the front lot line and abuts a public street, a private street, or common parking area.

Access, Secondary. The entrance to a building that is oriented towards a side or rear lot line and is an additional entry to that providing access along the front lot line.

Active Open Space. Any open space that is used for sports, exercise, or active play. It can include but is not limited to amenities such as playgrounds, exercise equipment, and athletic fields.

Articulation: The breaking up of a flat and uniform exterior building wall by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies.

Articulated Saddle Roof. A simple gable roof or a roof form which follows a convex curve about one axis and a concave curve about the other, each of which is articulated with smaller breaks in plane or smaller roof forms for articulation, such as a dormer.

Cantilever. A rigid structural element that extends horizontally and is supported at only one end.

Typically, it extends from a flat vertical surface such as a wall, to which it must be firmly attached.

Corridor: Arterial streets and higher volume corridors within the City (i.e. Clayton Road, Willow Pass Road, Treat Boulevard, Monument Boulevard, and other 4- and 6-lane arterial streets.) Caliper. Measurement of the thickness of a tree trunk describing the diameter measured at breast height of 54 inches (4.5 feet).

Concord Development Code. The Concord Development Code (CDC) refers to Ch apter 18 of the Concord Municipal Code. The CDC implements the policies of the Concord general plan by classifying and regulating the uses of land and structures within the city. The development code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the city of Concord.

Downspout: A pipe that runs vertically along the side of the home.

Earth Tone. Colors found in nature have a variety of hues that have brown undertones, including rust, marigold, burnt sienna brown, terracotta, sage, and turmeric. For the purposes of this definition, brown shall mean a hue with a hexadecimal RGB code of 964B00.

False Façade (Exterior Building Wall) or False Front. An exterior building wall extending beyond and especially above the true dimensions of a building to give it a more imposing appearance.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 44 | Page 04.26.2023
Green Roof. A vegetated or living roof created as a ballasted (stabilized) roof consisting of a structural roof support, waterproofing membrane, drainage layer, filter membrane, growing medium (soil) and vegetation overlying a traditional roof.

Green Walls. Vertical structures that have different types of living plants or other greenery attached to them, with the greenery planted in a growth med ium consisting of soil, stone, or water and as needed, having an integrated irrigation system.

Greywater. Domestic wastewater produced from the recycling of clothes washers, showers, bathtubs, bathroom sinks and laundry tubs.

Habitat. The natural home or environment of an animal, plant, and/or other organism and more specifically, any such environment in the City of Concord identified in the City of Concord General Plan, by the California Department of Fish and Wildlife (CDFW), and/or by the U.S. Department of Fish and Wildlife (USDFW).

Historic Property. Any real property and/or development on a real property that is included on the National Register of Historic Places, the California Register of Historical Resources, and/or the City of Concord listing of designated historic sites and.

Hydrozones. Portion of landscaped area where plants with similar water needs are grouped together.

Low Impact Development (LID) Infrastructure. Systems and practices related to the control of urban runoff that use or mimic natural processes, with the purpose of increasing infiltration, facilitating evapotranspiration, and allowing for productive use and reuse of stormwater to protect water quality and associated aquatic habitat.

Massing. Massing is an architectural term which refers to the perception of the general shape, form, and size of a building.

Objective. Involving no personal subjective judgement by a public committee, such as the Design Review Board or Planning Commission and being 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.

Paseo. A privately owned public place or path designed for walking.

Passive Open Space. An open space on publicly or privately owned land that is publicly accessible and has been designated for leisure usually consisting of sitting and relaxing.

Positive Drainage: A drainage condition in which consideration has been made for all loading deflections of the roof deck, and additional roof slope has been provided to ensure drainage of the roof area within 48 hours of rainfall.

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

04.26.2023 45 | Page
Primary Street. Public or private right -of-way whose function is to carry vehicular traffic or provide vehicular access abutting the front property line of a residential or mixed-use site. [GRAPHIC: Primary, Residential, Secondary Street; Mid-block, Corner and Full Block] Qualifying Residential Project or Qualifying Project. Q ualifying projects include those submitted under Senate Bill 35, SB 330 3, SB 9 and other affordable housing projects, as well as those applying under the City’s Affordable Housing Incentive Program (See CDC Section 18.20.030 Definitions).

Residential Street. A public or private right-o f -way w hose function is to carry vehicular traffic or provide vehicular access abutting residential or mixed-use property.

Roof E ave Profile: The shape of the edges of the roof which overhangs the face of a wall and, normally, projects beyond the side of a building.

Rooftop Garden. A garden on the roof of a building for purposes of architectural enhancement, recreational opportunity, community garden and/or quiet enjoyment by residents.

Root Drip Irrigation Emitters. Devices that are designed to be a direct conveyance of water and nutrients, down to the root zone.

Secondary Street. Public or private right-of-way whose function is to carry vehicular traffic or provide vehicular access abutting the corner side property line of a residential or mixed-use site.

Setback. The required distance from the property line to the allowed exterior building wall envelope.

Special Status Plant or Animal Species. Shall include any state and/or federally listed plant or animal species, including those identified as candidate, sensitive, or special status species in local or regional plans, polices, or regulations, or by the USFWS or CDFW on the California Natural Diversity Database via a 9-quad search or through field surveys.

Step-back. The required distance from the allowed exterior building wall envelope per the setback to the allowed building wall envelope per the step-back.

Structural Bay. The distance or span from one exterior vertical structural member fronting on a street to the immediately adjacent exterior vertical structural member fronting on the same street.

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 Section 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.

3 The provisions of SB 330 (Housing Crisis Act) were extended by SB 8 until January 1, 2030.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 46 | Page 04.26.2023
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 Chapter 18.152 shall have the following titles:

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

B. 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. For urban lost splits and two-unit projects. private open space of a least twenty (20) percent of lot shall be provided
d. 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.
e. Maximum height of 26 feet.

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

04.26.2023 47 | Page
POTENTIAL GRAPHICS (under development):
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 Exterior Building Wall 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-
I-
I

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

Attachment 6

CITY COUNCIL

STUDY SESSION
May 2, 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: May
• Overview of Objective Design Standards (ODS) Project
• Update on Process
• Working Administrative Draft
• Collect City Council Comments to Advance Draft
N
ext Steps
• DRB, PC meetings
• Public Draft, Final Draft
• City Council Hearing, end of August
2

City of Concord | Objective Design Standards
Project Goals/Purpose
• Create h igh- quality, enforceable objective design standards • Streamline t he review and approval process for qualifying housing projects
• Ensure g reater certainty for applicants, decision makers, residents, and the public
• Enhance the ex isting 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 PROCESSDELIVERABLES
Developer/ Applicant
Workshop

HED/PC/DRB
Meeting
City
Council
DRBCity
Council
Study
Session
Final
ODS
Final
Draft
ODS
Public
Draft
ODS
Document
Review
City
Council
(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 – May 2023
DRB
Workshop
(SB9)
FEB 23
JUN

APR MAY JUN JUL AUG
Plan
Commission
JUL 19 AUG
22 Admin
Draft
ODS
APR 26
MAY 2
SEP

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 dev
elopment of qualifying housing projects (including multi-family and mixed- use residential projects)
• Allow City to create tailored standards appropriate for Concord C
ouncil Tier 1 Priority to support housing element update objectives/RHNA Facilitate the future implementation of program objective 15.2 for multifamily housing projects, consistent with objective design and development standards, to be approved ministerially
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 i
nfill development
• SB 35: Streamlined Approval Process, 2018 law, removed local control for some housing projects (affordability criteria)
• SB 330: H
ousing Crisis Act of 2019, intended to jump start
production/streamlining
• … and now SB 9: The HOME Act – Si
ngle-Family Areas, Urban Lot Splits &
2-unit developments
• … and now AB 2011 and SB 6 – Co mmercial 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
Mixed-UseDuplexes and Triplexes Apartments
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
va
ried rhythm of façades compatible with the
existing character.
• In particular, they should relate to the typical parcel w
idth 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 ReviewDiscretionary 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 ReviewDiscretionary 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
Planning Commission Review requiredCURRENT

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 T odos 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
OD
S Companion Guide
• More Illustrative
• Introductory Language with
G
raphics/Diagrams
• To ensure ease of
under
standing by applicants
and staff
23 ODS Companion Guide
ODS Development
Code

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 - desi gn guidelines
• Outer Core - desi gn guidelines
Downtown Specific PlanDowntown Design Guidelines
City of Concord Boundary
Downtown Concord Boundary
Open Space
Creeks / Rivers / Waterbody
BART
Downtown Boundary
Inner Core
Outer Core
North Todos Santos
26

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
in
cluding 3:12
c. Window or faux window openings
limite
d to 25% of a façade
d. Deep recessed openings a minimum
of 1
2 inches
e. Outdoor terraces
f. Vernacular Spanish Colonial
de
corative 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 1
2 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 s
ix inches
b. On upper floors, use large spans of window
wall at
least 40 percent of the wall area
c. Use of frame less or minimally framed windows
30

Elements of Corridor Standards

• Concord Ave / Galindo Street /
M
onument Blvd
• Willow Pass Road
• Concord Boulevard
• Clayton Road
• Salvio S treet/ 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.

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
Cor
ners
• North Concord
• North T odos
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

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
min
imum 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, R-

7.5, 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
Neighborhoods 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
min
imum of 24 inches in depth
c. Provide accentuated building entry of at
le
ast 20 percent of an exterior building
wall

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 on adjacent lots. The
building height adjacent to an existing building
shall be a maximum of one story above height of
the allowed development of the adjacent zoning
district. Step backs of upper levels shall be a
minimum of 4 feet.

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, including shutters, trim,
sills,
mullions, and/or lintels
b. Ornamentation, including corbels,
c
ornices, and/or molding

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

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

Discussion
47 Access to Ground Floor Residential Units
• Downtown Concord Specific Plan states entries should be 18 inches above gr
ound floor elevation
• Recommend clarification for patio a minimum of 18 inches above street level M
assing Depth of Wall
• Change in wall plane 4 to 8 feet in depth
• Recommend to reduce depth for affordability
G
ap Areas
• No current guidance on bike storage, retaining and perimeter walls, signage • Recommend to provide additional standards on gap areas Page 117 of 120 Discussion
48 North Todos Santos
• Confirm North T odos Santos downtown neighborhood part of neighborhoods
• Recommend Neighborhood Section be applied, not Downtown Section Do
wntown Area
• Confirm Downtown Specific Plan downtown area part of downtown • Recommend Downtown Section be applied to area outside Inner and O
uter Core, per the Downtown Specific Plan boundary

City of Concord | Objective Design Standards
Conclusion
City Council Meeting: May
• Provide feedback on ODS Working Admin Draft
N
ext Steps
• DRB, PC meetings
• Public Draft, Final Draft
• City Council Hearing
49

CITY COUNCIL

STUDY SESSION
May 2, 2023 | 6:30 PM | City Council Chamber
CITY OF CONCORD | CONCORD OBJECTIVE DESIGN STANDARDS PROJECT