Concord City Council
January 23, 2024

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
January 23, 2024
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* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. 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.

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 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/89466577172?pwd=MKGLnXMVTgIce4xYgRzgQSJSVa PX5w.enaRpD0yLIcG5GiV or Zoom Webinar ID: 894 6657 7172 and Passcode:
789159
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.Watch 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 – by Susan Psara, Green Business Coordinator, Contra Costa Public Health, presenting the City of Concord with certification as a California Green Business. Introduction by Mayor Birsan.
b. Presentation – by Benjamin Ulrey, Assistant Planner, presenting the City Council with a plaque honoring the City of Concord's certification with SolSmart. Introduction by Mayor Birsan.

4. ANNOUNCEMENT
a. Announcing – an opening for the City of Concord's representative on the Central Contra Costa Transit Authority Advisory Committee (County Connection) to fill the remainder of a four-year term ending December 31, 2024, due to an unscheduled vacancy; and setting a deadline of Friday, February 23, 2024, at 5:00 p.m. for applications to be due to the City Clerk.

Report by Joelle Fockler, City Clerk.

5. 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 purchase of 60 Verkada cameras, 10-year maintenance licenses, digital video storage and associated Video Management Software Services from Assure MSP Inc. in an amount not to 4 exceed $428,061.31, including a 15% contingency, to serve as security cameras at various civic buildings and parking lots, in accordance with City Council approved ARPA authorizations and CIP #2638. (ARPA and General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. b. Considering – adoption of a Resolution authorizing submittal of an application for $4,784,667 of competitive State Encampment Resolution Funding to create a mobile resources program, and interim homeless housing within a motel(s) with wrap around services provided by a third-party contracted administrator. The City’s match for this grant application would be $2,392,333 from Concord’s one-time funding set aside to support addressing the needs and the impacts from Concord’s unsheltered population (Project 2594: ARPA and Measure V). Recommended by the Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
c. Considering – adoption of a Resolution approving a one-year extension of an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord LLC (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325-004. (PL23141 – AP, ME, DR) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378.
d. Considering – appointment of applicants Janielyn Bayona, Gregory Grassi, and Michelle Lane to the Concord Measure V Oversight Committee for four- year terms ending December 31, 2027, as recommended by the Council Committee on Policy Development and Internal Operations (Birsan/Obringer).

Recommended by the City Clerk.
e. Considering – adoption of a Resolution accepting the Development Impact Fee Report for Fiscal Year 2022-2023 and making findings in compliance with AB 1600. (Government Code Section 66000 et. seq.) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15061(b)(3), 15262, 15273, and/or 15378.
5 6. CITY COUNCIL CONSIDERATION ITEM
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 –

1. Authorizing staff to prepare a Task Order in the amount of $599,951 for Raimi + Associates, Inc. (Raimi) to prepare General Plan and Zoning Amendments and an environmental impact report, conduct community engagement, and provide other services to implement Program 8.6 of the 2023-2031 Housing Element (General Fund);

2. Approval of an Amendment to the Master Services Agreement (MSA) with Raimi to increase the total not-to-exceed amount for the MSA from $500,000 to $1,100,000; and

3. Authorizing the City Manager or designee to execute such documents subject to City Attorney approval. Report by Aaron Sage, Principal Planner.

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

7. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – the following:

1. Introduction of an Ordinance amending Concord Municipal Code, Title 18 (Development Code) Section 18.20.030 (Definitions) and Chapter 18.185 (Affordable Housing), by reading of the title only and waiving further reading.

2. Adoption of a Resolution amending the Inclusionary Housing Fee by amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord. (2023–2031 Housing Element Programs 10.1, 11.1, 12.1, 12.2, 12.3, 12.4) (PL23100 – MC).

3. Introduction of an Ordinance amending Concord Municipal Code, Title 18 (Development Code) Section 18.20.030 (Definitions), adding Chapter 18.115 (Affordable Housing Overlay District), and adding Section 18.200.230 (Lot Consolidation Incentive Program), by reading of the title only and waiving further reading.

4. Adoption of a Resolution adding a By-Right Approval Fee by amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord. (2023–2031 Housing Element 6 Programs 6.1 and 13.2) (PL23185 – MC). Report by Mindy Gentry, Planning Manager, and Scott Watkins, Associate Planner.

CEQA: Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and, in the alternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3).

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

9. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports

10. Council Reports
a. Considering – the formation of a Council Ad Hoc Committee to advise the City Manager on Federal grant efforts for the remainder of calendar year 2024. 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.

11. ADJOURNMENT
Next Meeting: Special Meeting
Date: 1/30/2024 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.
www.GreenBusinessCA.org/ContraCostaCounty
Contra Costa Green Business Program

3.a

Staff Report
Date: January 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Announcing an opening for the City of Concord's representative on the Central Contra Costa Transit Authority Advisory Committee (County Connection) to fill the remainder of a four-year term ending December 31, 2024, due to an unscheduled vacancy; and setting a deadline of Friday,
February 23, 2024, at 5:00 p.m. for applications to be due to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill one (1) position for the City of Concord’s representative on the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder of a four-year term ending December 31, 2024, due to an unscheduled vacancy.

Applications will be available on the City’s website beginning Wednesday, January 24, 2024.

Recommended Action
Announce one (1) opening for the City of Concord’s representative on the Central Contra Costa Transit Authority (CCCTA) Advisory Committee to fill the remainder of a four-year term ending December 31, 2024, due to an unscheduled vacancy; and set a deadline of Friday, February 23, 2024, at 5:00 p.m. for applications to be due to the City Clerk.

4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
January 23, 2024
Background
The Central Contra Costa Transit Authority Advisory Committee is comprised of 11 members from Central Contra Costa County. Each member jurisdiction recommends one member for appointment. Robert Barnes was appointed to represent the City of Concord on March 8, 2022. Mr. Barnes submitted his resignation on January 15, 2024.

The Central Contra Costa Transit Authority Advisory Committee meets bi-monthly and is charged with the responsibility of acting as advisors to the CCCTA Board of Directors and collecting and reporting service issues and concerns received from the jurisdictions.

Members may volunteer or be appointed by the Chair to attend CCCTA Committee meetings, participate in Advisory Committee subcommittees, or undertake other duties for the Advisory Committee.

The primary purpose of the Advisory Committee is to review, analyze and advise the County Connection Board of Directors on issues and policies relating to fixed-route and paratransit service. The Advisory Committee will consider and make recommendations on finance and planning documents that include but are not limited to the following:

CCCTA Ten-Year Short-Range Transit Plan, annual operating and capital budget, annual marketing plan, other issues such as operations, scheduling, administration, finance, and legislation.

Public Contact
The City Council Agenda was posted. A news release will be issued and distributed.

The announcement will be televised on the Concord TV Cable Channel 28 (Comcast), Channel 1026 (Astound/Wave), and Channel 99 (AT&T U-verse) Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachment

1. Central Contra Costa Transit Authority Advisory Committee Role and Function

Central Contra Costa Transit Authority - Advisory Committee Role and Function
Approved June 16, 2011
Purpose
The primary purpose of the Central Contra Costa Transit Authority Advisory Committee will be to review, analyze and advise the County Connection Board of Directors on issues and policies relating to fixed-route and paratransit service. The Advisory Committee will be asked to consider and make recommendations on finance and planning documents that include but are not limited to the following:
• CCCTA Ten Year Short Range Transit Plan
• Annual operating and capital budget
• Annual marketing plan
• Other issues such as operations, scheduling, administration, finance, and legislation.

Composition
The Advisory Committee shall be comprised of eleven (11) members from Central Contra Costa County. Each member jurisdiction will be requested to recommend one member from that jurisdiction for appointment by the CCCTA Board of Directors. Each member jurisdiction may also recommend an alternate member from that jurisdiction for appointment by the CCCTA Board of Directors. The following criteria should be considered:
• Representative should be active in community participation and involvement • Representative should reside in the appointed community • Representative should be a current or former user of fixed-route and/or paratransit service, or an advocate for transit users in their communities.

Term
• Members will be appointed for a two-year term, with no limit on the number of terms served. • If during his/her term, a representative resigns, is removed, or unable to continue to serve, the recommending jurisdiction will be requested to appoint a successor, to be approved by the CCCTA Board of Directors to serve the balance of the term.
• If a member misses three or more consecutive meetings without cause, the Advisory Committee may request that member resign or be removed by the CCCTA Board after consultation with the affected jurisdiction.

Officers
• The Advisory Committee will elect officers who will serve one-year terms. Officers will include a chair and a vice chair.

Meetings
• The Advisory Committee will meet every other month. However, if the Committee wishes to have a special meeting, any member may request that the Chair ask the staff liaison to schedule such a meeting. • A majority of those present shall be required to adopt an action.

Charge
The Advisory Committee is charged with the responsibility of acting as ADVISORS to the CCCTA Board of Directors, and of collecting and reporting service issues and concerns received from the jurisdictions.

Attachment 1

Members may volunteer, or be appointed by the Chair to attend scheduled CCCTA Committee meetings, participate in Advisory Committee subcommittees, or undertake other duties for the Advisory Committee.

Furt
hermore, the Committee is charged with the responsibility of acting as DISSEMINATORS of information in their community, and of assisting in the education of their jurisdictions regarding the fixed-route and accessible services that are available.

In
fulfilling these responsibilities the Committee will:
• Make formal recommendations in the form of written communications and reports to the CCCTA Board of Directors, and where appropriate, supplement with oral comments • Appoint a member to serve as the Committee liaison to the Contra Costa County Paratransit Coordinating Council
• Act as a forum for fixed-route, accessible services, and LINK paratransit users to express concerns or ideas about the services to the Authority.

In
fulfilling this charge, individual members may be expected to:
• Network with other interested citizens and groups in the community. • Maintain a working relationship with the Board representative from his/her jurisdiction • Assist CCCTA staff at community or business events

Staff Report
Date: January 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of the purchase of 60 Verkada cameras, 10-year maintenance licenses, digital video storage and associated Video Management Software Services from Assure MSP Inc. in an amount not to exceed $428,061.31, including a 15% contingency, to serve as security cameras at various civic buildings and parking lots, in accordance with City Council approved ARPA authorizations and CIP #2638. (ARPA and
General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
On June 28, 2022, the City Council approved $200,000 in funding through CIP #2638, Lighting and Camera Systems at Civic Center, to provide better lighting and camera security throughout the Civic Center and associated parking lots. On February 7, 2023, the City Council approved an additional $300,000 through ARPA funding to add cameras for security at Public Works, Willow Pass Community Center, Senior Center, Concord Community Pool and Centre Concord.

The IT Department, in coordination with the Concord Police Department, conducted a security assessment and determined 60 locations for cameras throughout the various City facilities. The City uses Verkada cameras due to their reliability, comprehensive maintenance program and state of the art Cloud Video Management System.

5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
January 23, 2024
The total cost for 60 Verkada cameras, 10-year maintenance licenses for each camera, digital video storage and associated Video Management Software Services from Assure MSP Inc. through California Multiple Awards Schedule (CMAS) contract #3-23-01-1017 is $372,227.22 (Attachment 1). After adding in a 15% contingency for possible additional cameras and/or hardware to ensure desired security outcomes, the total not to exceed amount requested is $428,061.31. All requested funding has been previously identified and approved in CIP #2638 and through City Council ARPA authorizations.

Recommended Action
Authorize the City Manager to approve the purchase of 60 Verkada cameras, 10-year maintenance licenses, digital video storage and associated Video Management Software Services from Assure MSP Inc. in an amount not to exceed $428,061.31, including a 15% contingency.

Background
During the FY22/23 & 23/24 Two-Year Capital Improvement Program (CIP) budgeting process, the City identified the need for camera security and additional lighting at the Civic Center. $200,000 was approved through CIP project #2638, Lighting and Camera Systems at Civic Center, by City Council on June 28, 2022. An assessment was conducted to identify security requirements and using a Concord Police Department Crime Prevention through Environmental Design (CPTED) review at the Civic Center, to determine overall coverage goals. Lighting improvements in the parking lots has already begun and lighting around the buildings is scheduled to occur over the next few months.

During this process City staff identified similar vandalism and break-in concerns occurring at other City facilities and requested Council support to add camera security in other locations. Subsequently, the City Council approved $300,000 in ARPA funding for cameras at Public Works, Willow Pass Community Center, Senior Center, Concord Community Pool and Centre Concord. All cameras are located to monitor the exterior of the buildings, areas with no expectations of privacy, with the exception of two internal cameras at the Concord library that were requested by library staff. The library camera locations are in the public common areas, areas with no expectations of privacy. A greater security assessment was performed with a new Concord Police CPTED review which resulted in the current camera counts requested below. The facilities listed do not currently have external building cameras. This system will provide new security camera functionality not present at these sites. The various cameras employed are not identical from one location to another, but rather based on the security needs of that particular area. Some cameras contain multiple cameras within one camera housing and others can observe detail at greater distances.

City Council Agenda Report
Agenda Item No. 5.a
January 23, 2024
Camera Count Costing
Civic Center and Parking Lots 20 $ 174,935.32
Public Works 16 $ 82,295.58
Willow Pass Community Center 8 $ 36,385.60
Senior Center 6 $ 26,989.88
Concord Community Pool 5 $ 23,691.90
Centre Concord 5 $ 23,691.90
Total = 60 $ 367,990.18
Total of $367,990.18 - $30K discount + $32,954.04 tax + $1,283 shipping = $372,227.22 $372,227.22 with a 15% contingency equals a not to exceed total of $428,061.31 Analysis
The Verkada camera system is an industry leader and includes a state-of-the-art Video Management System. This project also includes video storage, consistent with State law and City policy, and 10-years of maintenance for each camera, to ensure full, continuing, functionality of the system. The cameras will be operated consistent with City Policy, will not record audio and will not use facial recognition technology.

As with all large IT purchases, the City budgets into the Replacement Fund the replacement costs needed once the system becomes obsolete. Due to the extremely strong maintenance support program, this system will have a robust 10-year lifespan with all costs covered. The City will budget replacement funding based on this 10-year cycle in future budgets.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or piggyback off of an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs when determined to be in the City’s best interest. Public Contract Code (PCC) §§ 10298 and 10299 authorize local government agencies and school districts to use CMAS and other Department of General Services (DGS) agreements without competitive bidding. This is an example of the waiver of bidding regulations, as stated in the Municipal Code section 3.10.080. This Verkada camera purchase is under the State’s CMAS contract #3-23-01-1017.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), and/or 15061(b)(3), award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it 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 effect on

City Council Agenda Report
Agenda Item No. 5.a
January 23, 2024
the environment.”
Financial Impact
There is no immediate fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in the Lighting and Camera Systems at Civic Center CIP project #2218 and City Council approved ARPA authorizations. There will be a Replacement Fund impact of roughly $40,000 per year based on the 10-year lifespan of the cameras. This cost will be folded into future budgets starting with the next budget cycle, FYs 2025-26 and 2026-27.

Public Contact
The City Council Agenda was posted.

Attachments

1. Assure MSP Inc. Verkada Camera and Storage Quote

Sales Quote
Ship To:

Address
City, State, Zip
PO# Delivery Method Delivery Date Payment Terms
Our Truck TBD Net 15
Sale Price Per Unit
Qty Unit Price Line Total
6 $ 10,159.99 $ 60,959.94
6 $ 3,199.20 $ 19,195.20
6 $ 1,439.20 $ 8,635.20
6 $ 4,319.20 $ 25,915.20
6 $ 199.98 $ 1,199.88
6 $ 199.98 $ 1,199.88
6 $ 179.98 $ 1,079.88
1 $ 2,559.20 $ 2,559.20
1 $ 3,699.00 $ 3,699.00
1 $ 99.98 $ 99.98
2 $ 1,439.20 $ 2,878.40
3 $ 2,799.20 $ 8,397.60
1 $ 2,959.20 $ 2,959.20
2 $ 3,199.00 $ 6,398.00
6 $ 1,439.20 $ 8,635.20
6 $ 99.98 $ 599.88
5 $ 3,199.20 $ 15,996.00
3 $ 2,959.20 $ 8,877.60
8 $ 1,439.00 $ 11,512.00
CH52-8TBE-HW Verkada CH52-E Outdoor Multisensor Camera, 4x5MP, Zoom Lens, 8TB of Storage, Maximum 365 Days of Retention
Concord, Ca 94519
Salesperson
G.Fidentzis
Item # Description
Civic Center
CMAS NUMBER: 3-23-01-1017
CONTRACT #
LIC-10Y Verkada 10-Year Camera License
LIC-CH52-10Y Verkada 10-Year CH52 Multisensor Camera License ACC-POE-60W Verkada PoE++ (802.3bt-2018) Injector, GigE

ACC-MNT-
CORNER-1 Verkada Corner Mount
ACC-MNT-2 Verkada Arm Mount
December 30, 2023
Bill To: City of Concord Same
1950 Parkside Dr,
Library
CD52-2TBE-HW Verkada CD52-E Outdoor Dome Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
CM42-2TB-HW Verkada CM42 Indoor Mini Dome Camera, 5MP, Fixed Lens, 2TB of Storage, Maximum 365 Days of Retention
CD52-2TB-HW Verkada CD52 Indoor Dome Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
ACC-MNT-3 Verkada L-Bracket Mount
Willow Pass
CB52-2TBE-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
LIC-10Y Verkada 10-Year Camera License
Senior Center
CD42-2TB-HW Verkada CD42 Dome Camera, 5MP, Fixed Lens, 2TB of Storage, Maximum 365 Days of Retention
CD42-365E-HW Verkada CD42-E outdoor dome 5 MP, Zoom Lens, 2TB of Storage Maximum 365 days of Retention
CB52-2TBE-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
LIC-10Y Verkada 10-Year Camera License
ACC-MNT-2 Verkada Arm Mount
CD42-2TBE-HW Verkada CD42-E outdoor dome 5 MP, Zoom Lens, 2TB of Storage Maximum 365 days of Retention
LIC-10Y Verkada 10-Year Camera License
Assure MSP , Inc. ● 6601 Owens Drive ● Suite 145 ● Pleasanton, CA 94588 ● (888) 410-4888 ● CA LIC# 1107485 1 of 3 Attachment 1

Sales Quote
Ship To:

Address
City, State, ZipConcord, Ca 94519
December 30, 2023
Bill To: City of Concord Same
1950 Parkside Dr,
Qty Unit Price Line Total
1 $ 1,279.00 $ 1,279.00
1 $ 1,599.00 $ 1,599.00
2 $ 3,199.20 $ 6,398.40
3 $ 3,199.20 $ 9,597.60
1 $ 10,159.99 $ 10,159.99
1 $ 4,319.99 $ 4,319.99
7 $ 3,199.20 $ 22,394.40
2 $ 3,199.20 $ 6,398.40
14 $ 1,439.20 $ 20,148.80
5 $ 3,199.20 $ 15,996.00
5 $ 1,439.20 $ 7,196.00
5 $ 99.98 $ 499.90
3 $ 3,199.20 $ 9,597.60
2 $ 3,199.20 $ 6,398.40
5 $ 1,439.20 $ 7,196.00
5 $ 99.98 $ 499.90
4 $ 3,199.20 $ 12,796.80
2 $ 10,159.99 $ 20,319.98
2 $ 4,319.99 $ 8,639.98
4 $ 1,439.20 $ 5,756.80
$ - $ -
$ - $ -
$ - $ -
Subtotal $ 367,990.18
Parking Lots
CD52-2TBE-HW Verkada CD52-E Outdoor Dome Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
CH52-8TBE-HW Verkada CH52-E Outdoor Multisensor Camera, 4x5MP, Zoom Lens, 8TB of Storage, Maximum 365 Days of Retention
LIC-CH52-10Y Verkada 10-Year CH52 Multisensor Camera License LIC-10Y Verkada 10-Year Camera License
LIC-10Y Verkada 10-Year Camera License
CB52-2TBE-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
LIC-10Y Verkada 10-Year Camera License
ACC-MNT-3 Verkada L-Bracket Mount
ACC-MNT-3 Verkada L-Bracket Mount
Centre Concord
CB52-2TBE-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
Community Pool
CB52-2TBE-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
LIC-10Y Verkada 10-Year Camera License
CD52-2TBE-HW Verkada CD52-E Outdoor Dome Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
CB52-2TBTE-HW Verkada CB52-TE Outdoor Bullet Camera, 5MP, Telephoto Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
CB52-2TBE-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
CH52-8TBE-HW Verkada CH52-E Outdoor Multisensor Camera, 4x5MP, Zoom Lens, 8TB of Storage, Maximum 365 Days of Retention
LIC-CH52-10Y Verkada 10-Year CH52 Multisensor Camera License CB52-2TBTE-HW Verkada CB52-TE Outdoor Bullet Camera, 5MP, Telephoto Zoom Lens, 2TB of Storage, Maximum 365 Days of Retention
LIC-TD-10Y Verkada 10-Year Intercom License
Public Works
TD52-HW Verkada TD52 Video Intercom
Item # Description
Assure MSP , Inc. ● 6601 Owens Drive ● Suite 145 ● Pleasanton, CA 94588 ● (888) 410-4888 ● CA LIC# 1107485 2 of 3

Sales Quote
Ship To:

Address
City, State, ZipConcord, Ca 94519
December 30, 2023
Bill To: City of Concord Same
1950 Parkside Dr,
No. Unit Price Line Total
1 1.1

1.2 1.3

1.4 2
3 Subtotal $ -
Total $ 367,990.18
Discount $ (30,000.00)
Sales Tax $ 32,954.04
Shipping $1,283.00
Total $ 372,227.22
Company Name:

Date:

PO#:

Payment Schedule
Acknowledge and Acceptance
Authorized Signature:

Managed Optional Managed Service Contract priced at $20 per Camera / mo. Includes quarterly performance review & testing to maintain optimal performance.

Please note Discount is contingent on the purchase of Equipment, Licensing & Accessories on or before 1/28/2024 This Sales Order is subject to our Terms and Conditions which can be found at:
https://www.assuremsp.com/Agreements
Print Name:

Title:

Make all checks payable to Assure MSP, Inc.

Thank you for your business!
UPS Ground
Exclusion Assure MSP, Inc. is not providing high speed internet or managed services unless otherwise noted in this quote.

Note Each MDF/IDF location will need access to 1 power outlet to provide power to a PoE switch which will provide power to the cameras.

Exclusion
Customer will provide 1 DHCP Enabled, PoE capable switch port for each camera proposed herein for power and network connectivity unless switches are explicitly detailed herein.

Shipping
Type Description
Note
Please note that the proposed system requires a high speed internet connection. This provides remote monitoring, system updates and accurate timestamping. Verkada’s technology removes the need for a local DVR/Machine that draws power and requires maintenance and updates.

Note
Pricing in this Sales Order is based on the proposed quantity and scope of work documented herein. If the proposed quantities change, the proposed pricing will be adjusted to reflect the revised quantities and scope of work.

Assure MSP , Inc. ● 6601 Owens Drive ● Suite 145 ● Pleasanton, CA 94588 ● (888) 410-4888 ● CA LIC# 1107485 3 of 3

Staff Report
Date: January 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-5838
Subject: Considering the adoption of a Resolution authorizing submittal of an application for $4,784,667 of competitive State
Encampment Resolution Funding to create a mobile resources program, and interim homeless housing within a motel(s) with wrap around services provided by a third-party contracted administrator. The City’s match for this grant application would be $2,392,333 from Concord’s one-time funding set aside to support addressing the needs and the impacts from Concord’s unsheltered population (Project 2594: ARPA and Measure V).

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.

Report in Brief
The California Interagency Council on Homelessness recently announced Round 3 of the Encampment Resolution Funding Program in the amount of $298,747,574.33. The funds are established as competitive grants and for use connecting people experiencing homelessness in encampments to either interim shelter with clear pathways to permanent housing or permanent housing. These funds would not be used for encampment abatements. With Council support staff intends to apply for a grant to create a Mobile Resources Program that would deliver supportive services to unsheltered individuals where they reside, and to create interim housing for individuals experiencing homelessness within a motel or motels that has wrap around services

5.b5.b5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
January 23, 2024
provided through a third-party administrator. The specific individuals targeted to be supported by the grant funding will be individuals living in homeless encampments in three distinct areas within the City of Concord: Caltrans right of way, County Flood Control property, and public spaces owned and maintained by the city.

Encampment Resolution Grant awards are occurring through a rolling application process until June 30, 2024, or until funds are depleted, whichever occurs first. Up to 50 percent of the funding is prioritized for proposals that serve people living in encampments on state right of way. Staff wants to complete and submit an application for Concord as part of the first round of the program; the deadline for the first round is January 31, 2024. Staff is proposing a grant application request in the amount of $4,784,667 which would be accompanied by a City match of $2,392,333. The City match would be funded from the set-aside of one-time funds made by Council to support addressing the needs of and the impacts from Concord’s unsheltered population.

Recommended Action
Adopt a Resolution (Attachment 1) authorizing submittal of an application for the Encampment Resolution Funding Program.

Background
The Encampment Resolution Funding Program places emphasis on supporting applications that showcase collaborative efforts across various systems, including partnerships with state and federal entities. It particularly values innovative approaches to address encampment issues, with a central focus on safeguarding the health and wellbeing of the individuals residing in those encampments. Furthermore, priority is given to applications that represent the diversity of communities across the state, and up to 50 percent of the available funds will be prioritized for projects that address encampments on state right of way.

Funds allocated for the Encampment Resolution Funding Program are not intended for the clearance or abatement of encampments. The primary objective of this funding is to facilitate the transition of individuals from encampments to interim shelters, with clearly defined pathways leading to permanent housing. This process involves the implementation of data-informed, non-punitive, low-barrier, person-centered, Housing First1, and coordinated approaches.
1 Housing First is an inclusive approach to addressing homelessness, prioritizing immediate access to permanent housing without imposing restrictions based on sobriety or criminal history, recognizing that a stable living environment is fundamental for individuals to address health, behavioral, and economic challenges, while respecting their autonomy to choose participation in supportive services. https://www.hcd.ca.gov/grants-
funding/active-funding/docs/housing-first-fact-sheet.pdf

City Council Agenda Report
Agenda Item No. 5.b
January 23, 2024
The number of homeless individuals within the City of Concord has risen from 160 in 2020 to 241 in 2023, reflecting an increase of 81 people or a 50% rise.2 To address this growing homelessness crisis, the City is actively developing a Homeless Strategic Plan, currently in the draft stage. This plan encompasses various initiatives aimed at providing services and establishing interim housing solutions for Concord's homeless population.

While the City Council has yet to officially approve the plan, there has been prior interest expressed by Council for mobile services and interim housing solutions. This interest includes the potential utilization of a motel(s) to temporarily accommodate homeless individuals during their transition to more permanent housing. Informal discussions between City and County staff have also taken place, exploring collaborative strategies outlined in the draft Homeless Strategic Plan.

The State of California has one time funding available to support these strategies; the first application window for the grant has a January 31 deadline. In preparation, staff is seeking official endorsement from Assemblymember Grayson, Senator Glazer, Caltrans and Contra Costa County for this grant application. Caltrans has agreed with the identified encampment areas and has supplied data that bolsters the grant application.

Contra Costa County has also agreed on the intended use of funds within the City’s grant application, and though the City and County have not yet formalized any agreements, the County has expressed a commitment to collaborating with the City on the proposed actions. Staff is now gathering endorsement letters, which will be included in the grant application. Endorsement letters that are obtained as of the posting of this staff report are included as Attachment 2; any additional letters obtained as of the January 23 meeting date will be benched for Council and the public.

Analysis
With Council support, staff will seek funding specifically for individuals residing in homeless encampments in three distinct areas of the city: Caltrans right of way, County Flood Control property, and public spaces owned and maintained by the city.

Should the City be awarded with Encampment Resolution Program funding, the initial step involves establishing a Mobile Resource Program that offers various services, such as healthcare and behavioral health services, to individuals in the identified encampment areas. This center will collaborate with Contra Costa County's HealthCare for the Homeless mobile unit, which has proven effective in connecting individuals with housing-related services and programs and likely other existing non-profit and/or faith run mobile services including shower clothes/exchange programs, mobile medical and dental programs, etc.
2 Contra Costa County 2023 homeless point in time count:
https://www.cityofconcord.org/DocumentCenter/View/9737/2023-Point-In-Time-

City Council Agenda Report
Agenda Item No. 5.b
January 23, 2024
The Mobile Resource Program will be strategically crafted to function as the primary entry point to the new interim housing program. This interim housing initiative involves collaborating with Contra Costa County to secure room leases at one or more motels within the city to support this program. The operational aspects and wrap around services for individuals residing in the motel will be overseen by a designated and-yet- to-be-selected service provider, determined through a City and/or County Request for Proposal (RFP) process. This motel concept mirrors the success of Delta Landing in Pittsburg, a 172-unit former motel owned and operated by Contra Costa County. Delta Landing has proven to be a model of success, with a placement rate of more than 8 in 10 residents into permanent housing.

Furthermore, robust support services will be extended to individuals from identified encampments who either decline or are unable to secure shelter through this grant funded program. These services include facilitating referrals to supportive services, arranging transportation to overnight shelters, and implementing case management procedures to ensure ongoing and consistent care. The City-funded, 3-person Coordinated Outreach, Referral & Engagement team (CORE) are currently responsible for these services and will continue providing them.

The Mobile Resource Center is expected to deliver supportive services to an estimated 200-300 unduplicated clients and families in prioritized encampment sites annually and is projected to cost $941,000 in year one and $636,000 annually thereafter.

Staff anticipates targeting the interim housing program to two distinct groups: families and individuals. This would include leasing six motel rooms, each sized and designed to house two, four-person families per year (six months each), totaling 48 individuals from the targeted encampment areas annually. Additionally, the program would lease 34 motel rooms designated for two individuals at six months each, resulting in a total of 68 individuals from the targeted areas annually receiving this support. The expected stay for each family or individual of six months aligns with the average duration observed in similar projects across the County. Each motel room with ancillary services is expected to cost $70,000 per year, totaling $2.8 million annually.

The primary goal of the Encampment Resolution Funding is to establish programs that guide homeless individuals from encampments towards permanent housing solutions.

Transitioning individuals into permanent housing will occur in collaboration with Contra Costa County’s Coordinated Entry System (CES). CES is a centralized and coordinated procedure designed to simplify the voluntary placement of individuals into stable and permanent housing through an organized process of intake, assessment, and referral provision. CES has a specific purpose—to ensure equitable and timely access for all individuals experiencing a housing crisis. It aims to swiftly identify, assess, and connect individuals to housing and homeless services based on their strengths and needs. CES employs standardized tools and practices across the Continuum of Care (CoC), integrates a system-wide Housing First approach, and, in a resource-constrained

City Council Agenda Report
Agenda Item No. 5.b
January 23, 2024
environment, orchestrates housing support to prioritize those with the most acute service needs. Contra Costa Health’s Health, Housing and Homelessness Services division (H3) has been designated by Contra Costa's CoC as the provider and manager of the CES, overseeing staffing and administration to facilitate its effective implementation.

Within the draft Homeless Strategic Plan, the majority of the proposed initiatives are proposed to be handled by third parties. However, the draft Plan recommends the inclusion of additional staff to assist the City in implementing programs and pursuing grants and funding opportunities. It is crucial to highlight that Council authorization to apply for this grant does not grant permission to add staff. Whether or not Council decides to support the addition of staff for homeless service programs, a separate action at a future date will be required to address this matter. Importantly, the future Council decision on whether or not to add staffing has no impact on this grant application; staff can implement this grant, should we receive it, through limited service (temporary) staff and/or contractual support.

Staff is preparing a grant application in the amount of $4,784,667. Should the City be successful, a City match of $2,392,333 will be allocated from Project 2594 which is funded with $5.4 million of one-time funding (ARPA and Measure V) which Council previously set aside to support addressing the needs and the impacts from Concord’s unsheltered population.

Financial Impact
The approximately $200,000 cost for the development of the City’s Homeless Strategic Plan is funded from the $5.4 million of one-time funding (Project 2594: ARPA and Measure V) set aside to support addressing the needs of and the impacts from Concord’s unsheltered population, of which about $5.2 million remains as unallocated funds. Staff is recommending a grant application requesting $4,784,667, with a City match of $2,392,333. Although the Encampment Resolution Funding Program grant application does not specify a mandatory matching amount, the proposed City match of $2,392,333 constitutes a 50% match. The overall two-year cost of the full grant program is estimated at $7,177,000. The City’s proposed 50% match is anticipated to significantly increase the competitiveness of our grant application.

The City has not identified funding to continue the Mobile Resources Program or the Interim Housing Program past the two years of implementation funded through the grant but would seek additional grant support and identification of additional City funding. If funding is not identified, it is possible that the programs would end after two years.

Should Council approve staff completing and submitting a grant application as described in this report, staff would earmark the City’s matching dollars from the set- aside fund (Program 2594) to assure they are reserved for this purpose. This would

City Council Agenda Report
Agenda Item No. 5.b
January 23, 2024
leave approximately $2.8 million in the one-time funding set aside by the Council to support implementation of other elements of the Homeless Strategic Plan.

Environmental Determination
This activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, 15273 because it involves government funding/fiscal activities, and/or 15262 since the activity involves only feasibility and planning for possible future actions.

Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA 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 effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution authorizing submittal of an application for the Encampment Resolution Funding Program

2. Support letters

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution authorizing submittal of an application
for the Encampment Resolution Funding Program to
create a mobile services center, and interim homeless
housing within a motel(s) with wrap around services
provided by a third-party contracted administrator.

Resolution No. 24-XX
/
WHEREAS, the California Interagency Council on Homelessness announced the availability of Round 3 of the Encampment Resolution Funding Program in the amount of $298,747,574.33; and WHEREAS, Encampment Resolution Funding Program funds are to be used for connecting people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing; and WHEREAS, the City of Concord is actively developing a Homeless Strategic Plan, currently in the draft stage; and
WHEREAS, the City of Concord’s draft Homeless Strategic Plan encompasses various initiatives aimed at providing services and establishing interim housing solutions for Concord's homeless population; and
WHEREAS, Encampment Resolution Funding Program awards are occurring through a rolling application process until June 30, 2024, or until funds are depleted, whichever occurs first; and WHEREAS, the City of Concord is authorized to submit an application to the California Interagency Council on Homelessness for the Encampment Resolution Funding Program.

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

Section 1. The City Manager, or her designee, is hereby authorized to submit an application for the Encampment Resolution Funding Program to create a mobile services center, and interim homeless housing within a motel(s) with wrap around services provided by a third-party contracted administrator.

Attachment 1

Res. No. 24-XX 2
Section 2. This activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, 15273 because it involves government funding/fiscal activities, and/or 15262 since the activity involves only feasibility and planning for possible future actions. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA 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 effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Individual projects will undergo CEQA analysis as necessary.

Section 3. The City Manager, or her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment.

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 24-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on January 23, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 23, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

California Interagency Council on Homelessness
801 Capitol Mall, Suite 601
Sacramento, CA 95814

January 9, 2024

Dear Council Members,
I am writing this letter in strong support of the City of Concord's application for Encampment Resolution Fund-3-R funding. I enthusiastically endorse the city's project titled " Mobile Services and Interim Motel Housing Program," recognizing its potential to create a lasting and positive impact on the lives of unhoused individuals residin g in Concord, by providing mobile services to 200-300 people each year, and housing up to 116 of them annually.

The challenges faced by the unhoused population have become even more pronounced since the onset of the Covid -19 pandemic in 2020. The Point in Time count for the city has shown a significant increase, rising by 50% from 160 in 2020 to 241 in 2023. This underscores the urgent need for effective and comprehensive interventions to address homelessness in Concord.

I commend the City's dedication to a ddressing these needs, particularly through the efforts of the Coordinated Outreach, Referral & Engagement team (CORE), which works tirelessly to connect the unhoused with shelter and services, providing essential case management services to ensure continuity of care.

The City's dedication to addressing the needs of its homeless and disadvantaged populations is underscored by significant funding allocations from diverse sources. The detailed breakdown of the City's 2023 investments reveals a multifaceted ap proach to tackling homelessness, incorporating $8.17 million as a one -time commitment and $1.2 million as an ongoing commitment. These funds originate from a combination of ARPA, CDBG, Health Care District, PLHA, and Measure V funding sources.

Additionally, the City's $14.44 million investment in affordable housing projects over the last four years, such as the Galindo Terrace and Coral Court Apartments/Sunset Pines Apartments, demonstrates a holistic commitment to providing long -term solutions and addressi ng the root causes of homelessness.

Leveraging various funding sources and incorporating one -time funding for strategic planning indicates a forward-thinking approach by the City. I believe that the City's draft homeless strategic plan, supported by this f unding, will outline specific measures, initiatives, and goals essential for effectively addressing homelessness in the long term.

Attachment 2

Furthermore, the continued collaboration between the city government, community organizations, and other stakeholders will be crucial for the success and sustainability of these programs. Regular assessments and adjustments to strategies based on evolving needs and circumstances will further enhance the effectiveness of these initiatives.

In conclusion, the City of Concord has d emonstrated a commendable track record of prioritizing the health, well -being, and shelter needs of the unhoused in the community. I am confident that funds from the Encampment Resolution Fund will build on the city's hard work, multiplying its success by providing a mobile resource center, acquiring new interim housing, increasing partnerships, and assisting more individuals in obtaining and retaining permanent housing.

For all the reasons identified above, I strongly support the City's application for Enc ampment Resolution Fund-3-R funding in the amount of $4,784,667. Your full consideration of this project is greatly appreciated, and I look forward to witnessing the positive impact that this initiative will have on the lives of the unhoused in Concord.

Sincerely,

Timothy S. Grayson
Assemblymember, 15th District

California Interagency Council on Homelessness
801 Capitol Mall, Suite 601
Sacramento, CA 95814
January 19, 2024
Dear Council Members,
I am writing this letter in strong support of the City of Concord's application for Encampment Resolution Fund- 3-R funding. I enthusiastically endorse the city's project titled " Mobile Services and Interim Motel Housing Program," recognizing its potential to create a lasting and positive impact on the lives of unhoused individuals residing in Concord, by providing mobile services to 200-300 people each year, and housing up to 116 of them annually.

The challenges of t he unhoused population have become increasingly pronounced since the onset of the pandemic. The Point in Time count for the City has shown a significant increase, rising by 50% from 160 in 2020 to 241 in 2023. This underscores the urgent need for effective and comprehensive interventions to address homelessness in Concord, which has already been done through the City’s use of diverse funding sources, such as ARPA, CDBG, Health Care District, PLHA, and Measure V funding sources. Additionally, the City has invested $14.44 million investment in affordable housing projects over the last four years , showing their commitment to holistic solutions regarding homelessness.

The City's draft homeless strategic plan, supported by this funding, will outline specific measures, initiatives, and goals essential for effectively addressing homelessness in the long term. Furthermore, the continued collaboration between the City, community organizations, and other stakeholders will be crucial for the success, longevity, and sustainability of these programs. Regular assessments and adjustments to strategies based on evolving needs and circumstances will further enhance the effectiveness of these initiatives.

The City of Concord has demonstrated a commendable track record of prioritizing the health, well -being, and shelter needs of the unhoused in the community. I am confident that funds from the Encampment Resolution Fund will build on the city's hard work, furthering its success by providing a mobile resource center, acquiring new interim housing, increasing partnerships, and assisting more individuals in obtaining and retaining permanent housing.

For these reasons, in addition to this initiative’s alignment with my priorities in the Senate, I strongly support the City's application for Encampment Resolution Fund-3-R funding in the amount of $4,784,667.

Sincerely,
Steven M. Glazer, Senator
Benched Attachment 2
Agenda Item No. 5.b
January 23, 2024

Staff Report
Date: January 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Michael Hart, Associate Planner
[email protected]
(925) 671-5821
Subject: Considering adoption of a Resolution approving a one-year extension of an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord LLC (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325-004. (PL23141 – AP, ME, DR)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(2), 15061(b)(3), and/or 15378.

Report in Brief
The City Council is requested to consider a one-year extension of the approval for the Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord LLC (dba “Stiiizy”)) at 1045 Galaxy Way.

Recommended Action
Adopt a Resolution (Attachment 1) approving a one-year extension of an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord LLC (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325-004. (PL23141 – AP, ME, DR)
Background
On September 27, 2022, the City Council (Council) adopted Resolution No. 22-63 approving an Administrative Permit, Minor Exception, and Design and Site Review for a

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

City Council Agenda Report
Agenda Item No. 5.c
January 23, 2024
cannabis storefront retail use with retail delivery (Project) for Authentic Concord LLC (dba “Stiiizy”) (Applicant). This review also included Ordinance No. 22-10 for a Development Agreement between the City of Concord (City) and the Applicant, which was reviewed at the same meeting and adopted at the October 11, 2022, Council meeting.

After Council’s approval of the Project, the Applicant prepared the construction permit documents and drawings for the Project. Due to compliance with regulatory standards (e.g. stormwater treatment/bioretention requirements) and design challenges, the design process took longer than expected. On June 1, 2022, the Applicant submitted a site development permit application to the City for parking, path of travel, and landscape improvements to the site, which was issued on September 19, 2023. On February 15, 2023, the building permit for the associated tenant improvement was issued, and on April 3, 2023, the Applicant submitted a revision to the building permit, which has been approved but not issued due to pending fee payments. Construction work has not yet commenced for the Project, pending a decision on this extension request.

The Applicant was also required to obtain additional Design and Site Review approval for the proposed security bollards, which were reviewed and approved at the March 23, 2023, Design Review Board meeting.

There have been no substantial changes in the area near the project site since the approval of Resolution No. 22-63.

Pursuant to Concord Municipal Code (CMC) Section 18.505.020, a planning permit is deemed to be “exercised” if a building or grading permit has been issued and actual construction diligently commenced. The Applicant has submitted plans for building permits that have not been issued, and actual construction has not commenced on the site.

On September 14, 2023, pursuant to Condition of Approval 122 and over ten (10) days prior to the expiration date, the Applicant filed an application to extend the approval of the Administrative Permit, Minor Exception, and Design and Site Review for one year as allowed pursuant to CMC Section 18.505.020. If granted, the extension will keep the approval and permits valid for one year from approval of the extension, through January 23, 2025. The extension would allow the Applicant to complete the plan check process and to start work onsite prior to the new expiration date of the entitlement. The extension must be acted upon by Council because Council was the review authority on the original approval.

Analysis
Staff supports the extension to allow additional time for the Applicant to have building permits issued and to commence construction on the Project due to the challenges in complying with regulatory and design and site review requirements. The applicant has

City Council Agenda Report
Agenda Item No. 5.c
January 23, 2024
indicated that project setbacks have occurred due to property-specific requirements for stormwater treatment, as well as the need for additional Design and Site Review approvals for the security bollards.

Further, the Applicant has proceeded in good faith and exercised due diligence in complying with the Project conditions in a timely manner, as demonstrated by their submittal for site development and building permits, responsiveness to plan check comments, and ongoing communication with staff, including their intention to request an extension to the Project’s approvals. The Applicant submitted a written extension request with the applicable filing fee prior to the CMC deadline, and remains committed to constructing the proposed cannabis storefront retail business.

As of the writing of this report, the building permit for the associated tenant improvements has been issued, and revisions have been approved. Further, the Applicant is continuing to work with the Engineering Division on complying with the plan check comments for their associated site development permit.

The extension also meets the following required findings under CMC Section

18.505.020(B)(3):

1. The requested extension is consistent with the general plan and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; There are no changes to the approved project, and it is consistent with the Concord General Plan, which was analyzed for consistency in the September 27, 2022, Council staff report including attachments hereto (Attachment 4 and incorporated by reference).

2. The findings required by the original approval remain valid; and The findings under Resolution No. 22-63 approving the Project remain valid (see Attachment 1) as the Project and surrounding area remain substantially the same as at the time of the original approval.

3. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

As analyzed in the September 27, 2022, Council staff report, including attachments thereto (Attachment 4), there are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.)

City Council Agenda Report
Agenda Item No. 5.c
January 23, 2024
to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. Such provisions will remain with the proposed time extension.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the City Council previously determined on October 11, 2022, as part of its review and approval of the project, that the project was exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption. A Notice of Exemption was filed on October 14, 2022.

The present application seeks to extend the term of the previously approved Administrative Permit, Minor Exception, and Design and Site Review. No changes or revisions are proposed for the Project; and, other than an extension of the permit term period, all findings, terms, and/or conditions of approval remain in full force and effect.

Accordingly, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), and/or 15061(b)(3), the application to extend the term of the permit is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it 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 effect on the environment.”. Accordingly, no further environmental review is required.

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

Attachments

1. Resolution for Authentic Concord LLC (dba “Stiiizy”) Exhibit A – Conditions of Approval

2. Applicant’s request for extension date stamp received September 14, 2023

3. Approved project plans

4. City Council Staff Report dated September 27, 2022 (without exhibits)

1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving a One-Year Extension
of an Administrative Permit, Minor Exception,
and Design and Site Review for a Cannabis
Storefront and Delivery Retail Business at 1045
Galaxy Way, APN: 126-325-004 (PL23141 – AP,
ME, DR). Authentic Concord, LLC (dba
“Stiiizy”)
Resolution No. 24-XX
/
WHEREAS, on September 27, 2022, the City Council adopted Resolution No. 22-63 CC approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord, LLC (dba “Stiiizy”)) located at 1045 Galaxy Way (APN: 126-325-004), (PL21153 – AP, ME, DR), (hereinafter referred to as “Project”); and WHEREAS, on October 11, 2022, the City Council adopted Ordinance No. 22-10, adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (DBA “Stiiizy”), which has an initial term of five years; and WHEREAS, at the time of the Project approval, pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the City Council determined that the Project was exempt from review under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, and a Notice of Exemption was filed on October 14, 2022; and WHEREAS, the Project approval and permit was valid until September 27, 2023 unless building permits were obtained and construction begun, or an extension of the permit was granted as may be allowed by Section 18.505.020 of the Concord Municipal Code; and WHEREAS, on September 14, 2023, Authentic Concord LLC (dba “Stiiizy”, hereinafter referred to as “Applicant”) requested a one-year extension of the Project approvals; 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 January 23, 2024, on the proposed extension; and
Attachment 1

2 WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated January 23, 2024, the application materials, and other exhibits, as well as other documents contained in the record of proceedings relating to the requested extension, which are maintained at the offices of the City of Concord Planning Division (collectively, “Project Information”); and WHEREAS, after consideration of all pertinent plans, documents, testimony, and Project Information, the City Council declared its intent to approve a one-year extension, subject to the original Conditions of Approval which have been updated to reflect the extension and are contained herein as Exhibit A (“Conditions of Approval”).

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

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

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

Section 4. CEQA.

1. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA), the City Council previously determined on October 11, 2022, as part of its review and approval of the project, that the project was exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption. A Notice of Exemption was filed on October 14, 2022.

3 2. The present application seeks to extend the term of the previously approved Administrative Permit, Minor Exception, and Design and Site Review. No changes or revisions are proposed for the Project; and, other than an extension of the permit term period, all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), and/or 15061(b)(3), the application to extend the term of the permit is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it 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 effect on the environment.”

3. Therefore, the Project does not warrant further environmental review. This determination reflects the City’s independent judgment and analysis.

Section 5. The Applicant has timely applied for an extension to the approvals and the City Council determines that an extension is necessary to allow additional time for obtaining construction permits for the project, the Applicant has proceeded in good faith, and has exercised due diligence in complying with the conditions in a timely manners as evidenced by their submittal for site development and building permits and additional Design and Site Review for the required security bollards.

Section 6. Extension Findings.

1. The requested extension is consistent with the general plan and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered. There are no changes to the approved Project and it is consistent with the Concord General Plan, which was analyzed for consistency in the September 27, 2022 City Council staff report.

2. The findings required by the original approval remain valid. The findings under

4 Resolution No. 22-63 CC approving the project remain valid as the project and surrounding area remain substantially the same as at the time of the original approval.

3. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. As analyzed in the September 27, 2022 City Council staff report, including attachments thereto, there are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. Such provisions will remain with the proposed time extension.

Section 7. Extension Approval.

The City Council hereby approves a one-year extension of the Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail (Authentic Concord, LLC (dba “Stiiizy”) (PL23141 – Ap, ME, DR) through January 23, 2025, subject to Conditions of Approval.

Section 8. Effective Date.

In accordance with City of Concord Municipal Code Section 18.500.080, permit approvals of the City Council shall become effective immediately on the date the final determination is rendered by the City Council.

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

5 PASSED AND ADOPTED by the City Council of the City of Concord on January 23, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 23, 2024.

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

EXHIBIT A

CONDITIONS OF APPROVAL

AUTHENTIC CONCORD LLC
PL21153, AA, ME, DR, DA
1045 GALAXY WAY
APN: 126-325-004
(Amended January 23, 2024)

PERMIT DESCRIPTION

1. These Conditions apply to and constitute approval of an Administrative Permit (PL21153 – AA), for a 5,323 square foot cannabis storefront retail use with delivery.

2. These Conditions apply to and constitute the approval of a Minor Exception (PL21153 – ME), to the development standards to exceed the required number of parking spaces by two parking spaces.

3. These Conditions apply to and constitute approval of Design and Site Review (PL21153 – DR), for modifications to an existing 5,323 square foot building and associated site improvements including new storefront windows, reconfigured parking, landscaping, and a new trash enclosure.

4. The improvements, business, and operations shall be in conformance with the applicant’s Zoning Compliance Fact Sheet received September 2, 2021, and in compliance with the City Cannabis License for the business (PL21153), revised project plans received January 28, 2022, modified in writing and approved by the Planning Division. No activities associated with the businesses operations shall occur outside of the area shown on the approved floor plan. The following exhibits are approved and shall be incorporated as Conditions of Approval:

Plan Date Prepared Prepared By Sheet
Cover Sheet 11-29-2021 TWA Architect DR0.1
Overall Site Plan 1-27-22 TWA Architect DR1.0
Enlarged Demo Site Plan 11-29-21 TWA Architect DR1.1
Enlarged Site Plan 1-27-22 TWA Architect DR1.2
Site Details 11-29-21 TWA Architect DR1.3
Site Details 1-27-22 TWA Architect DR1.4
Existing Floor Plan 9-1-21 TWA Architect DR2.0
Proposed Floor Plan 1-27-22 TWA Architect DR2.1
Roof Plan 1-27-22 TWA Architect DR4.1
Exterior Elevations 1-27-22 TWA Architect DR5.2
Exterior Elevations 1-27-22 TWA Architect DR5.1
Preliminary Landscape Plan 1-27-22 BK & Associates Inc. L-1A Photometric Plan 1-27-22 TWA Architect PH-1
Signage 11-29-21 TWA Architect SN-1

Exhibit A to Attachment 1

5. Prior to Building Permit final inspection, the Planning Division and Police Department shall conduct a final inspection to verify compliance with this Administrative Permit and the City Cannabis License (PL21153). The applicant shall contact the Police Department and Planning Division, [email protected] and [email protected], respectively, at least 10 days prior to the desired inspection date.

6. The business is not permitted to operate without a valid state cannabis license. Pursuant to the City Cannabis License (PL21127), the applicant shall obtain maintain a valid state cannabis license (provisional or permanent) for the equivalent state license type(s) to the City Cannabis License. Whenever a new or renewed state license is received, the applicant shall email license to [email protected] and [email protected].

ADMINISTRATIVE PERMIT CONDITONS (PLNG, PD)

7. The business hours of operation shall be in conformance with the applicant’s Zoning Compliance Fact Sheet, which indicates: 9:00 a.m. to 10:00 p.m. daily. Days and hours of operation shall not be modified without Planning Division and Police Department approval. The business shall be open to the general public. The Chief of Police may limit the hours for transporter deliveries and pick-ups.

8. The approved use under this Administrative Permit shall not be altered or expanded without written approval from the Police Department and Planning Division. Any proposed change shall require a written request, signed by the City Cannabis Licensee, submitted to the Chief of Police at least 30 days prior to the proposed change. This written request shall not constitute an approval of the proposed change and the proposed change may be denied. An amendment to this Administrative Permit, the City Cannabis License, or other permit may be required for any proposed change.

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

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

11. Any person who delivers cannabis to a customer must have in possession a copy of the city cannabis delivery license, which shall be made available upon request to law enforcement.

12. Delivery of cannabis shall be directly to the physical residence of the customer or secure exchange location at the Concord Police Department; deliveries to any other location are prohibited.

13. No licensee shall transport or cause to be transported cannabis in excess of the limits established by state law during the course of delivering cannabis.

14. A security plan must include procedures for verifying identification of customers both before entering the retail establishment and again before receiving cannabis or cannabis products.

15. A theft prevention plan shall be reviewed and approved by the Chief of Police or designee.

16. On-site security guard(s) shall monitor activity within 150 feet of building entrance to ensure no cannabis consumption is occurring in the vicinity of the business, including parking areas.

17. A neighborhood responsibility plan that demonstrates how the business will reduce adverse impacts to the surrounding neighborhood, including neighborhood outreach, methods for future communication, and dispute resolution, shall be submitted and approved by the city.

18. Cannabis and cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.

19. The business owner shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises during business hours if directly related to the patrons of the subject retailer. For purposes of this subsection, “reasonable steps” shall include calling the police in a timely manner and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request.

20. The public entrance shall be ADA accessible.

21. A storefront retail licensee shall not conduct sales exclusively by delivery.

22. The business owner shall remove litter on and in front of the premises and, if necessary, on public sidewalks within 100 feet of the facility two times, with a minimum of four-hour intervals, each operating day.

23. No cannabis business shall be located within 250 feet of a sensitive land use, as defined in CMC Section 5.80.020, except as provided in CMC Section 5.80.060(f) (Sensitive Land Use Hardship). No sensitive land use shall be located in the buffer area that is within 600 feet of the Commercial Cannabis Overlay District (CMC Chapter 18.110). The applicant shall contact the Planning Division and Police Department if any sensitive use (as defined in CMC Section

5.80.020) is identified within 250 feet of the property (measured property line to property line).

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

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

26. All uses shall be conducted completely within the building; no outdoor display or storage is allowed. No production, distribution, storage, display or wholesale of cannabis and cannabis products shall be visible from the exterior of the building where the commercial cannabis activity is being conducted, except as authorized by the Chief of Police.

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

Unresolved or repeated odor complaints may be the basis for suspension or revocation of the City Cannabis License or denial of City Cannabis License renewal.

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

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

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

31. City representatives may enter and inspect the property of every cannabis business to ensure compliance and enforcement of the provisions of this chapter, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. Such inspections shall occur during normal regular business hours unless the city has provided prior written notice to the cannabis business for an after-hours inspection. Upon request, the cannabis business shall timely provide the city official with records related to the business, including, but not limited to, utility bills from the commercial energy provider for the premises, inventory, financial records, and inventory tracking records. This section shall not limit any inspection authorized under any other provision of law or regulation.

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

33. Maintain, for a minimum of seven years, a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements (including any in-kind contributions), as well as records of all operational expenditures and costs incurred by the licensee in accordance with

generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the city during business hours for inspection upon reasonable notice by the Chief of Police.

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

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

36. Temporary cannabis events shall be prohibited.

37. Any sign(s) requires a permit from the Building Division, subject to review and approval by the Planning Division. Said sign(s) shall comply with the City of Concord Sign Ordinance Chapter

18.180 and any applicable master sign program for the subject site/building.

38. All interior building improvements or alterations, including plumbing or electrical work shall be subject to a City Building Permit.

39. All garbage and recycling (waste) materials shall be stored within the building or an enclosure approved by the City. All indoor and outdoor waste receptacles shall be locked and secured in manner to prevent tampering, theft, and/or removal of any cannabis refuse or the waste receptacle. At no time shall any waste receptacles be located outside of the building, except during pick-up, without prior approval of a building permit for an exterior trash enclosure pursuant to CMC 18.150.150 (Solid waste and recycling storage). Disposal of cannabis, cannabis products, and cannabis waste shall occur in accordance with state law.

40. The cannabis business shall ensure that no cannabis, cannabis byproducts, or associated hazardous materials may be discharged into the sanitary sewer system (including, but not limited to, sinks, toilets, or storm drains).

41. The applicant shall comply with all of the requirements of the Contra Costa County Fire Protection District, state law, as well as all other applicable City of Concord Planning, Building, and Engineering codes and ordinances.

42. The applicant shall comply with all of the requirements of the Contra Costa Water District. A copy of this approval will be forwarded to the Contra Costa Water District to determine if a water connection upgrade is required. For additional information please contact Shawn Kelly of the Contra Costa Water District at (925) 688-8017.

43. Any change of use, any new building construction, any interior improvements or exterior improvements and modifications, including mechanical, electrical, and plumbing work require a permit from the Building Division. Please contact the Building Division at (925) 671-3107 for those specific requirements, permits and related fees (the Building Division can issue permits to either the real property owner or to licensed contractors).

44. The business shall maintain a valid business license.

45. Incorporate decorative bollards along the south and west sides of the storefront to protect pedestrian and the building from accidental or intentional collisions with vehicles. The quantity and location shall be based on spacing for ADA compliance (and other local laws). Bollards shall be included in the tenant improvement plans and reviewed and approved by the Chief of Police or designee and Planning Division prior to issuance of building permit. The design and placement of the bollards shall return to the Design Review Board as a staff report item.

GENERAL CONDITIONS – DESIGN AND SITE APPROVAL

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

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

47. Where a plan or further information is required, it is subject to review and approval by the applicable City Department/Division, as noted at the end of each Condition. The Division listed first shall be the primary contact for implementation of that Condition. (PLNG, BLDG, ENGR)

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

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

50. Minor modifications that are found to be in substantial conformance with the approved plans such as colors, plant materials, or minor lot line adjustments, may be approved administratively.

Major modifications shall be approved by the applicable decision making body. (PLNG, ENGR)

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

52. All landscaping within the sight visibility triangles along the driveways must be kept below a maximum of three feet in height per 18.150.170 of the Development Code. (PLNG, TRANS)

53. The trash enclosure shall be sized appropriately to ensure compliance with Senate Bill 1383 (SB 1383), subject to review and approval by City staff prior to issuance of a building permit for the trash enclosure.

ARCHITECTURAL

54. Rooftop equipment (HVAC, meters, refrigeration equipment, plumbing lines, ductwork and transformers), shall not extend above the building parapet and shall be screened from view on all sides with materials architecturally compatible with the main structure. Screening details shall be shown on the Building Plans and submitted for review and approval by the Planning Division, prior to the issuance of Building Permits and installed prior to occupancy approval. (PLNG)

55. The west storefront shall be maintained so that the glass, as seen from the outside, will not be unsightly.

56. The bicycle rack style shall be a u-rack, post and loop rack, or wheel well secure rack. (PLNG)

57. Replace the missing and/or damaged barrel tiles located on top of the existing CMU wall. (PLNG)

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

59. All fences and walls on the subject property shall conform to the requirements in CMC 18.150.040. (PLNG)

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

TREE PRESERVATION & LANDSCAPING

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

62. Two additional 24-inch box trees shall be added to shade the parking spaces located along the west side of the building. (PLNG)

63. All landscaping shall be installed prior to occupancy approval. Contact the Planning Division at least two weeks prior to occupancy, to request a site inspection of all exterior improvements including buildings, driveways, parking lots, landscaping, irrigation, signs, lighting, walls, fences, and trash enclosures. (PLNG)

64. Any vegetation damaged or destroyed by construction activities shall be replaced with like or comparable plant materials, and if damage occurs off-site, the replacement plants shall be approved by the property owner and the Planning Division, prior to occupancy approval. (PLNG)

65. All existing trees within the project boundaries shall be preserved. (PLNG)

LIGHTING

66. All exterior building and parking lot lighting shall provide illumination for safety and shall be installed in a manner that is glare shielded and directed away from adjacent properties and right- of-ways. (PLNG)

67. Submit a Photometric plan for review and approval, showing the location of all light sources, streetlight spacing, intensity of luminance, and uniformity ratio, in accordance with the City’s specifications, with the Improvement, Utility, or Building Plans, whichever comes first. The photometric analysis shall be reviewed by Engineering Services for the determination of streetlight spacing. (ENGR, TRANS, BLDG, PD)

SIGNAGE

68. All signage shall comply with CMC Chapter 18.180 “Signs”. (PLNG) CMC

PARKING

69. All parking spaces shall be striped; full-size spaces shall be 9 ft. by 19 ft; compact spaces shall be 8 ft. by 16 ft. Wheel stops shall be provided, except when parking spaces abut a concrete curb for a landscaped planter, then a two foot overhang is allowed. (PLNG, ENGR) CMC

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

STREET IMPROVEMENTS

71. Construct improvements along the frontage on Galaxy Way including but not limited to:
driveway removal; pavement replacement 2.5 feet wide measured perpendicular from face of curb; conforms to existing improvements; and repair/replacement of deficient frontage improvements as determined by the City Engineer, prior to occupancy approval or Acceptance of Improvements. (ENGR)

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

73. Comply with the recommendations from the Traffic Study prepared by Fehr & Peers dated April 25, 2022, including but not limited to:
a) The Project applicant shall contribute to the retiming of the Diamond Boulevard and Concord Avenue traffic signal to provide additional green time for the westbound left turn movement.

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

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

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

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

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

CONSTRUCTION ACTIVITIES

76. Contact Engineering Services to arrange for a Pre-Construction Meeting prior to issuance of Grading or Building Permits, whichever comes first. (ENGR)

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

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

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

ENGR, PLNG)

80. Implement the following measures during construction:
a) Gather all construction debris on a regular basis and place them in a dumpster or other container that is emptied or removed on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution.
b) Remove all dirt, gravel, rubbish, refuse, and green waste from the street pavement, and storm drains adjoining the project site. During wet weather, avoid driving vehicles off paved areas.
c) Broom sweep the public street pavement adjoining the project site on a daily basis. Caked-on mud or dirt shall be scraped from these areas before sweeping. d) Install filter materials (e.g., sandbags and filter fabric) at the storm drain inlet nearest the downstream side of the site in order to preclude any debris or dirt from flowing into the City storm drain system. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and to prevent street flooding. Dispose of filter particles in an approved trash receptacle. e) Create a contained and covered area on the site for the storage of bags, cement, paints, flammable, oils, fertilizers, pesticides, or any other materials used on the site that have the potential for being discharged to the storm drain system by being windblown or in the event of a material spill.
f) Never clean items such as machinery, tools, and brushes or rinse containers in a street, gutter, or storm drain.
g) Ensure that concrete, gunite, plaster, or similar supply trucks do not discharge wash water into street gutters or drains. (ENGR, BLDG)

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

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

83. At no time shall campers, trailers, motor homes, or any other vehicle be used as living or sleeping quarters on the construction site unless authorized for site security. (ENGR, BLDG)

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

85. Portable toilets used during construction shall be kept as far as possible from adjacent properties, public view and shall be emptied on a regular basis as necessary to prevent odor. (ENGR, BLDG)

CONSTRUCTION PLAN REVIEW/PRE-PERMIT REQUIREMENTS

86. Submit electronic copy of Preliminary Title Report, prepared within three months prior to plan submittal. (ENGR)

87. The proposed buildings are within the Floodplain Zone X. At a minimum, comply with the City of Concord Municipal Code requirements in establishing building finished floor elevations. The Grading Plan shall be referenced to the same elevation datum as the FEMA map, and shall show the finished floor elevations of the proposed buildings, Base Flood Elevations (BFE), and building setback line per CMC. (ENGR) CMC

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

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

90. Obtain a Site Development Permit from the City prior to performing any work within the site and public right-of-way or public easements. (ENGR) CMC

SITE DEVELOPMENT PLANS

91. All grading shall require a Grading and Drainage Plan prepared by a registered Civil Engineer, a Soils Report prepared by a registered Geotechnical Engineer and receipt of a Grading Permit approved by the City Engineer. The Grading Plans and Soils Report shall require review by the City’s Geotechnical consultant with all costs to be borne by the applicant. (ENGR)

92. Contour grading techniques shall be employed throughout the project to achieve a more natural appearance, even where this will increase the amount of grading. Tops of cuts or toes of fills adjacent to existing public rights-of-way or easements shall be set back two feet minimum from said rights-of-way and easements. All cut-and-fill slopes in excess of five feet in height shall be rounded both horizontally and vertically. (ENGR)

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

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

95. At all times seasonally appropriate erosion control measures shall be implemented per plans approved by the City Engineer for all grading work at all times. Wet season measures shall be in place October through April at a minimum and when rain is otherwise predicted. At the time of approval of the Improvement and/or Grading Plans, an approved Erosion Control Plan prepared by a registered Civil Engineer shall be filed with the City Engineer. (ENGR)

96. Submit Grading, Erosion Control, Improvement, to Engineering Services for review and approval prior to the issuance of Grading, Encroachment, and Building Permits. Where applicable, evidence of compliance with the State General Construction Permit shall be provided. (ENGR) CMC

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

UTILITIES

98. New electrical transformers shall be placed underground or screened from view. (PLNG, ENGR)

99. No above ground utility facilities/structures shall be located between the face of curb and back of sidewalk in the public right-of-way. (ENGR)
100. All new utilities shall be constructed underground prior to occupancy approval. (ENGR) 101. Submit to Engineering Services a sewer fixture count prior to demolition or renovation. (ENGR) 102. Coordinate all facility adjustments, relocations, or additions to utility services with the appropriate utility companies. (ENGR)
103. Provide cable companies a set of approved site diagrams in electronic format showing the joint trench layout for dry utilities for cable service to be provided to the site. (ENGR) 104. If the project create or replace more than 2,500 square feet of impervious surface, then comply with the small land development project, Appendix C of the stormwater C.3 guidebook 7th edition.
105. Construct stormwater treatment measures per the approved SWCP prior to occupancy approval. (ENGR)
106. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner. (ENGR)
107. Collect and convey all stormwater entering, and/or originating from, the site to an adequate downstream drainage facility. Submit a detailed hydrologic and hydraulic study including calculations for a 100-year storm as well as a capacity study accounting for off-site sources with the Improvement Plans to Engineering Services for review and approval. (ENGR) 108. Install City of Concord “No Dumping, Drains to Creek” curb marker (English and Spanish version) on all catch basins. (ENGR)
109. Include erosion control/storm water quality measures on the final Grading Plan that specifically address measures to prevent soil, dirt, and debris from entering the storm drain system. Such measures may include, but are not limited to, hydroseeding, hay bales, sandbags, and siltation fences and are subject to review and approval of the City Engineer and Director of Building Inspection. If no Grading Plan is required, necessary erosion control/storm water quality measures shall be shown on the Site Plan submitted for an on-site permit, subject to review and

approval of the Director of Building Inspection. The applicant shall be responsible for ensuring that the contractor is aware of and implements such measures. (ENGR, BLDG) 110. Sweep or vacuum the parking lot(s) a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually. If sidewalks and/or the parking lot are pressure washed, debris must be trapped and collected to prevent entry into the storm drain system. No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the Central Contra Costa Sanitary District. (ENGR) 111. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered. (ENGR)
112. Clean all on-site stormdrain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by the City Engineer/Director of Building Inspection. (ENGR, BLDG)

AGREEMENTS, FEES, BONDS
113. All fees noted below are the fees currently in effect as of July 1, 2021 per the Resolution of Fees and Charges. The fees and charges are reviewed annually as part of the budget public hearing process. Fee adjustments are based on a number of factors and vary depending on the type of fee:

Service-based fees are adjusted annually based on the San Francisco-San Jose-Oakland Area Consumer Price Index;
Improvement based fees (also called impact fees) are adjusted annually based on Engineering News Record Construction Cost Index (San Francisco Bay Area); and the Parkland Fee is adjusted per Section 78-95 of the Concord Municipal Code.

The fees become effective as of the date set forth in Exhibit A of Resolution No. 78-6042, Fees and Charges for Various Municipal Services, as most recently amended and approved by the City Council. Persons interested in how a particular fee is calculated should contact the City Department administering the fee or the Finance Department. (ENGR) 114. Pay a Document Imaging fee to reimburse the City for implementation of the Document Imaging and File Retention programs, prior to issuance of Grading or Building Permits. (PLNG) 115. All required faithful performance bonds and labor materials bonds in a penal amount equal to 100 percent of the approved estimates of construction costs of improvements shall be submitted to and approved by the City and other agencies having jurisdiction prior to issuance of the site development Permit. (ENGR)
116. Site Development Permit Application:
a) Pay the Filing Fee at the time of submittal of permit application, improvement plans and supporting documents to City Engineering Services for review. b) Provide a restoration security before issuance of the Encroachment Permit. The security shall be in an amount sufficient to restore existing public improvements

to a serviceable condition should development improvement activity cause damage. The amount of the security shall be determined by, and be in a form acceptable to the City Engineer.
c) Provide a $5,000 cash deposit for Erosion Control prior to issuance of Grading Permit. The deposit will be placed in a refundable account. Any unused funds will be returned at project completion. If the initial deposit is insufficient to cover actual costs, an additional deposit in an amount determined by the City Engineer will be required.
d) Pay the Improvement Plan review fee at the time of submittal of Improvement Plans and supporting documents to Engineering Services for review. The current fee is estimated based on the project cost evaluation.
e) Pay the Construction Inspection fee prior to issuance of the Site Development Permit. The current fee is based on the estimated cost of constructing the proposed improvements. (ENGR)
117. Sewer Connection Permit:

Pay Sanitary Sewer connection fee. The current sewer connection fee is $1,009.00 per fixture unit. (ENGR)
118. Traffic Mitigation Fee:

Pay Offsite Street Improvement Program (OSIP) fee prior to issuance of Building Permit. The current OSIP Fee is $8.81 per gross square feet for commercial uses. (TRANS)

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

Contra Costa County Fire Protection District
4055 Port Chicago Highway, Suite 250
Pleasant Hill CA 94520
Plan review fees are assessed at that time. The City is not responsible for the collection of fees or enforcement of requirements imposed by the Fire District. (CCCFPD) 120. The applicant shall defend, (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct. The City shall have the right to pre- approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis,

attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA) 121. The permit and approval shall expire in one year from January 23, 2024, unless construction permits are obtained and work has begun. (PLNG)
122. A request for a time extension from the expiration date of January 23, 2025, can be considered if an application with required fee is filed at least 10 days before the original expiration date, otherwise a new application is required. A public hearing will be required for all extension applications, except those involving only Design Review. Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG) 123. The City may impose additional conditions of approval, including additional site improvements, when the City Cannabis License extension(s) are granted. (PLNG) 124. The applicant shall duly execute and comply with the terms and conditions of the Development Agreement attached as Exhibit A to Ordinance 22-10 (An Ordinance Approving and Adopting a Development Agreement by and Between the City of Concord and Authentic Concord LLC, Regarding the Development of a Cannabis Storefront Retail at 1045 Galaxy Way, Assessor’s Parcel Number 126-325-004 (PL21153 – AA, ME, DR, DA).

Authentic Concord LLC Administrative Permit Extension Request

We are requesting an extension on Permit PL21153 which was approved by city council on 9/27/2022 and the development agreement approved on 10/11/2022. Below outlines the factors that contributed to the delay in our construction timeline, hence requiring the request.

A few property development specific requirements have setback our timeline further than anticipated.

This includes;
- San Francisco Bay Regional Water Quality Control Board C.3 Stormwater requirements. The waterboard requirements triggered a storm water treatment stormwater/bioretention that required additional months of design and plan revisions by our civil engineer. This process set us back an additional 3 months in permitting.
-Final Design Review approval was granted in March 2023, this did push out our timeline as we did not have full approvals to proceed with all design work required.

-Last year we started to see procurement issues and limitations on some fixtures/IT/Security needs for buildout, so we did change certain components to our buildout, all though not property specific to this location it did set back our time but we felt changing these specifications will lead to a more streamlined timeline from buildout to store opening.

Current Status
We did a Request for Proposals from three General Contractors and have selected National Commercial Builders to be awarded the project, who most recently completed our store buildout in El Cerrito that opened in June of this year.

We had requested our architect on record to renew any building permits and have paid all permit fees required.

Next Steps
Value engineering requires revising the construction documents to reflect an altered interior MEP design. The updated design would maintain the existing office spaces and HVAC system, essentially saving time and money during construction, once this is done we will finalize our building permit and start construction.

We have every intention of building out this project and opening up in the first quarter of 2024. Please feel free to reach out with any questions or concerns regarding this request.

ATTACHMENT 2

JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

AUTHENTIC
1045 GALAXY WAY
CONCORD, CA 94520
APN: 126-325-004-3

VICINITY MAPOWNERARCHITECT

PROJECT

LOCATION
DR0.1 COVER SHEET
DR1.0 OVERALL SITE PLAN
DR1.1 EXISTING SITE PLAN
DR1.2 ENLARGED SITE PLAN
DR1.3 ACCESSIBLE PARKING DETAILS
DR1.4 TRASH ENCLOSURE DETAILS
DR2.0 EXISTING FLOOR PLAN
DR2.1 PROPOSED FLOOR PLAN
DR4.1 ROOF PLAN
DR5.1 EXTERIOR ELEVATIONS
DR5.2 EXTERIOR ELEVATIONS
PH - 1 PHOTOMETRIC SITE PLAN
L - 1A REVISED CONCEPTUAL LANDSCAPE PLAN
L - 1 ORIGINAL LANDSCAPE SUBMITTAL
SN - 1 SIGNAGE PLAN

CITY OF CONCORD

PLANNING DIVISION
1950 PARKSIDE DR., M/S 53
CONCORD, CA 94519
CONTACT: COLEMAN FRICK
TEL: (925) 671-3281
www.cityofconcord.org

TOM WILSON

TWA ARCHITECTS
5055 BUSINESS CENTER DR.

SUITE 108 / PMB 344
FAIRFIELD, CA 94534
TEL: (707) 747-1231
[email protected]

SUBMITTED TOSUBMITTED FOR

DRAWING INDEX
DR0.1

COVER SHEET

SGI CONCORD, LLC
78 COMMERCIAL LANE
LOS ANGELES, CA 90012
CONTACT: TAK SATIO
PHONE: (415) 336-0374

DESIGN REVIEW,

ADMINISTRATIVE PERMIT, AND DEVELOPMENT AGREEMENT
SEPTEMBER 2021
PL21153; DR, AP, DA

ARTIST RENDERING - TWA
ATTACHMENT b
ATTACHMENT 3
Received by Planning Jan. 28. 2022

260.48
N 32° 43' 55" W

82.77 N 32° 43' 55" W
565.14
N 57° 16' 05" 5
513.13
N 57° 16' 05" E
102.03
N 57° 16' 05" E
293.39
N 32° 43' 55" W

78.55 R = 50
211,266 S.F. (4.85 AC)

EXISTING SRM STORAGE / WAREHOUSE
(NOT A PART)

PROPOSED
RETAIL

BUILDING

EXISTING

SERVICE

BUILDING
(NOT A PART)
(N) PARKING
30 TOTAL SPACES

EXISTING

SRM SERVICE MASTERRESTORATION SERVICE
(NOT A PART)
EXISTING PARKING:
(91 STANDARD SPACES,
4 ACCESSIBLE SPACES - 95 TOTAL SPACES)

EXISTING GALAXY

OFFICE BUILDING

EXISTING SERVICE PARKING
(NOT A PART)
EXISTING CONCORD HOLIDAY INN.

GALAXY WAY
DIAMOND BLVD.
(N) LANDSCAPE
(N) LANDSCAPE
(N) LANDSCAPE
EV

CHARGING

ONLYCOMPACT
EV

CHARGING

ONLYCOMPACT

COMPACT

COMPACT
EV

CHARGINGONLY
EV

CHARGINGONLY
NO

PARKING VAN
EV

CHARGINGONLY
EV

CHARGINGONLYNO

PARKING
EV

CHARGINGONLY
NO

PARKING
(N) PARKING
(NOT A PART)
DR1.0

OVERALL

SITE PLAN

OVERALL SITE PLAN
SCALE: 1" = 30'-0"
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

NO

PARKING

EXISTING PARKING

G A L A X Y W A Y

EXISTING SERVICE PARKING
(E) SERVICE BUILDING
(NOT A PART)PROPOSED RETAIL

BUILDING
(E) BUILDING
(NOT A PART)
(E) PARKING
38 TOTAL SPACES
DR1.1

ENLARGED

DEMOLITION

SITE PLAN

DEMOLITION SITE PLAN
SCALE: 1/16" = 1'-0"
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520
LEGEND
(E) ACCESSIBLE PATH FROM PUBLIC SIDEWALK, FROM

BUS STOP, AND FROM ACCESSIBLE PARKING STALLS TO

TENANT ENTRANCE
REMOVED AND REPLACE (E) DAMAGED CONCRETE SIDEWALK.
(N) SIDEWALK AREA TO COMPLY WITH 2019 CBC AND ADA
REQUIREMENTS.

REMOVED AND REPLACE (E) DRIVEWAYS PER CITY OF
CONCORD STD. DETAIL S-14
(E) CATCH BASIN, SEE CIVIL PLANS

GENERAL NOTES

THE EXISTING DEVELOPED SITE FOR THIS BUILDING INCLUDES ALL SITE ACCESSIBILITY REQUIREMENTS AND HAS BEEN APPROVED UNDER A SEPARATE BUILDING PERMIT. THE

FOLLOWING ITEMS ARE EXISTING AND ARE NOT A PART OF THIS TENANT IMPROVEMENT PERMIT:
·EXISTING ACCESSIBLE PATH FROM PUBLIC SIDEWALK AND FROM BUS STOP TO BUILDING ENTRANCE.
·EXISTING SIGNAGE AT EACH DRIVEWAY ENTRANCE TO THE SITE INDICATING ACCESSIBILITY.
·EXISTING ACCESSIBLE PARKING STALLS CLOSE TO THE TENANT ENTRANCE. ·EXISTING ACCESSIBLE PATH FROM ACCESSIBLE PARKING STALLS TO THE BUILDING ENTRANCE.

SITE DATA
APN:126-325-004
PROPOSED SITE AREA: 211,266 S.F. (4.85 AC)
GENERAL PLAN: WCMU (WEST CONCORD MIXED-USE)
ZONING: WMX (WEST CONCORD MIXED-USE)
BUILDING AREA 54,935 S.F.

BUILDING COVERAGE26%
LANDSCAPE AREA10,122 S.F.

EXISTING PARKING PROVIDED:
70 DEGREE (9'x21') = 24 SPACES
TANDAM (9'x18') = 12 SPACES
STANDARD ACCESSIBLE = 1 SPACES
VAN ACCESSIBLE = 1 SPACES
TOTAL SPACES PROVIDED = 38 SPACES
REMOVED AND REPLACE (E) DAMAGED CONCRETE SIDEWALK.
(N) SIDEWALK AREA TO COMPLY WITH 2019 CBC AND ADA
REQUIREMENTS.

REMOVED AND REPLACE (E) DRIVEWAYS PER CITY OF
CONCORD STD. DETAIL S-14

SHEET NOTES

EV

CHARGING

ONLYCOMPACT
EV

CHARGING

ONLYCOMPACT

COMPACT

COMPACT
EV

CHARGINGONLY
EV

CHARGINGONLY
NO

PARKING VAN
EV

CHARGINGONLY
EV

CHARGINGONLYNO

PARKING
EV

CHARGINGONLY
NO

PARKING
4 6
20 EXISTING PARKING

G A L A X Y W A Y
(N) SERVICE PARKING
(NOT A PART)
(E) SERVICE BUILDING
(NOT A PART)

PROPOSED RETAIL

BUILDING
(E) BUILDING
(NOT A PART)
(N) PARKING
30 TOTAL SPACES
DR1.2

ENLARGED

SITE PLAN

ENLARGED SITE PLAN
SCALE: 1/16" = 1'-0"
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520
LEGEND
15'-0" VISION TRIANGLE

PUBLIC SIDEWALK
(N) LANDSCAPE, SEE LANDSCAPE PLANS
REMOVED AND REPLACE (E) DAMAGED CONCRETE SIDEWALK.
(N) SIDEWALK AREA TO COMPLY WITH 2019 CBC AND ADA
REQUIREMENTS.

REMOVED AND REPLACE (E) DRIVEWAYS PER CITY OF
CONCORD STD. DETAIL S-14

GENERAL NOTES

THE EXISTING DEVELOPED SITE FOR THIS BUILDING INCLUDES ALL SITE ACCESSIBILITY REQUIREMENTS AND HAS BEEN APPROVED UNDER A SEPARATE BUILDING PERMIT. THE

FOLLOWING ITEMS ARE EXISTING AND ARE NOT A PART OF THIS TENANT IMPROVEMENT PERMIT:
·EXISTING ACCESSIBLE PATH FROM PUBLIC SIDEWALK AND FROM BUS STOP TO BUILDING ENTRANCE.
·EXISTING SIGNAGE AT EACH DRIVEWAY ENTRANCE TO THE SITE INDICATING ACCESSIBILITY.
·EXISTING ACCESSIBLE PARKING STALLS CLOSE TO THE TENANT ENTRANCE. ·EXISTING ACCESSIBLE PATH FROM ACCESSIBLE PARKING STALLS TO THE BUILDING ENTRANCE.

SITE DATA
APN:126-325-004
PROPOSED SITE AREA: 211,266 S.F. (4.85 AC)
GENERAL PLAN: WCMU (WEST CONCORD MIXED-USE)
ZONING: WMX (WEST CONCORD MIXED-USE)
BUILDING AREA 54,935 S.F.

BUILDING COVERAGE26%
LANDSCAPE AREA9,998 S.F.

PARKING REQUIRED (PER CMC TABLE 18.160.040):

PROPOSED RETAIL BLDG.
(1 SPACE/250 SF G.F.A., 5,323 S.F./250 S.F. = 21)
TOTAL SPACES REQ'D = 21 SPACES
EXCESSIVE PARKING ALLOWED = 9 SPACES
PER CMC 18.160.040.D.1
21 REQ.X10% = 2.1 = 2 SPACES
PER CMC 18.160.040.D.3
EV CHARGING SPACES = 7 SPACES
TOTAL SPACES ALLOWED = 30 SPACES
REMOVED AND REPLACE (E) DAMAGED CONCRETE SIDEWALK.
(N) SIDEWALK AREA TO COMPLY WITH 2019 CBC AND ADA
REQUIREMENTS.

REMOVED AND REPLACE (E) DRIVEWAYS PER CITY OF
CONCORD STD. DETAIL S-14

SHEET NOTES
PARKING PROVIDED:
60 DEGREE (9'x21') =15 SPACES
STANDARD (9'x18') = 4 SPACES
COMPACT (8'x16') = 2 SPACES
PARALLEL (9'x23')= 0 SPACES
EV CHARGING = 7 SPACES
STANDARD ACCESSIBLE = 1 SPACES
VAN ACCESSIBLE = 1 SPACES
TOTAL SPACES PROVIDED = 30 SPACES

BICYCLE PARKING REQUIRED
PER CMC 18.160.120

SHORT TERM
5% OF REQ'D SPACES X 22 SPACES = 1.1 = 2 SPACES

LONG TERM
10% OF REQ'D SPACES X 22 SPACES = 2.2 = 2 SPACES
SHORT TERM PROVIDED: 2 SPACES
LONG TERM PROVIDED: 2 SPACES

ACCESSIBLE PATH FROM PUBLIC SIDEWALK, FROM BUS

STOP, AND FROM ACCESSIBLE PARKING STALLS TO

TENANT ENTRANCE AND TRASH ENCLOSURE
(E) CATCH BASIN, SEE CIVIL PLANS
(E) FIRE WATER
(E) 2" DOMESTIC WATER
(E) STORM DRAIN LINES
(E) SANITARY SEWER LINES

DR1.3

SITE DETAILS

DETECTABLE WARNING SURFACE
SCALE: 3" = 1'-0"
(TRUNCATED DOMES)

NO PARKING MARKINGS
SCALE: 1" = 1'-0"
741
852
6 9 12
11 10
3JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

ACCESSIBLE DIRECTIONAL SIGNS
SCALE: 3/4" = 1'-0"

ACCESSIBLE

ENTRANCE

ACCESSIBLE

ENTRANCE

ACCESSIBLE

ENTRANCE

ACCESSIBLE

ENTRANCE

ACCESSIBLE

ENTRANCE
·
·
·

ACCESSIBLE PARKING STALL SIGNS
SCALE: 1" = 1'-0"

PARKING
ONLY

MINIMUM
FINE $250

PARKING
ONLY

MINIMUM
FINE $250
VAN

ACCESSIBLE

VAN ACCESSIBLE STALL

STANDARD ACCESSIBLE STALL

SIGN POLE
SCALE: 3/4" = 1'-0"

RESTRICTED PARKING SIGN
SCALE: 1" = 1'-0"

UNAUTHORIZED VEHICLES

PARKED IN DESIGNATED

ACCESSIBLE SPACES

NOT DISPLAYING

DISTINGUISHING PLACARDS

OR SPECIAL LICENSE

PLATES ISSUED FOR

PERSONS WITH DISABILITIES

WILL BE TOWED AWAY AT
THE OWNER'S EXPENSE.

TOWED VEHICLES

MAY BE RECLAIMED AT
___________________

OR BY TELEPHONING
___________________
CBC 11B-502.8

SYMBOL OF ACCESSIBILITY AT STALL
SCALE: 1" = 1'-0"

CURB RAMP
SCALE: AS NOTED

WHEEL STOP
SCALE: 1" = 1'-0"

SIDE ELEVATION
PLAN

ACCESSIBLE PARKING STALLS
SCALE: 1/8" = 1'-0"

NO PARKING
VAN

NOT USED

DR1.4

SITE DETAILS
85 6 9 12
11 10

GATE JAMB DETAILS
SCALE: 1" = 1'-0"

SECTION

ELEVATION

GATE ELEVATION
SCALE: 1/2" = 1'-0"

TUBE STEEL TO CMU CONNECTION
SCALE: 3/4" = 1'-0"
PLAN

ELEVATION
3JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

FIXED BOLLARD
SCALE: 1/2" = 1'-0"

TRASH & RECYCLING ENCLOSURE
SCALE: 1/4" = 1'-0"

RIGHT SIDE ELEVATION

ROOF PLAN

REAR ELEVATION

FRONT ELEVATION LEFT SIDE ELEVATION

FLOOR PLAN

TRASH ENCLOSURE SECTION
SCALE: 3/4" = 1'-0"

BICYCLE RACK
SCALE: 3/4" = 1'-0"

CONCRETE APRON EDGE
SCALE: 1-1/2" = 1'-0"

(E) OFFICE
(E) HALL
(E) LOBBY
(E) MEN(E) WOMEN
(E)
CLO.
(E) SHOWROOM
(E) OFFICE
(E) OFFICE
(E) OFFICE
(E) UTILITY
(E)
BREAK
AREA
DR2.0

EXISTING

FLOOR PLAN
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

EXISTING FLOOR PLAN
SCALE: 1/4" = 1'-0"

47'-0 1/2"
83'-4 1/2"
± 11'-0"12'-8"12'-8"
2'-10"
10'-0"
2'-0"
9'-0"
1'-2"
39'-6"3'-0"
5'-6"
± 5'-3"
1'-4"23'-0"
2'-10"
65'-10"
± 8" ± 12'-4" ± 6'-10" ± 28'-6" ± 7'-6"
86'-8"
12'-4" 12'-6" 12'-0" 5'-0" 12'-0" 5'-0" 12'-0" 3'-0" 10'-0" 65'-10"
12'-4" 7'-6" 6'-6" 11'-8" 6'-6" 18'-6"
25'-11" ± 12'-9"16'-7"
6'-0"
13'-0"10'-6"
± 4'-6"
1'-6"
CLR.
1'-0"
CLR. NEW WALL

NEW WALLNEW WALL

NEW WALL

NEW WALL

SALES COUNTER

NEW ACCESSIBLE

ENTRY / EXIT
(E) EXIT TO REMAIN
(E) EXIT TO REMAIN
(E) EXIT TO REMAIN

NEW WALL

NEW WALL

NEW WALL

NEW WALL NEW WALL
(E) WALL TO REMAIN
(E) WALL

TO REMAIN
(E) WALL TO REMAIN
(E) STOREFRONT

TO REMAIN

NEW ALUMINUM

STOREFRONT
SYSTEM

NEW ALUMINUM

STOREFRONT
SYSTEM
(E) STOREFRONT TO
REMAIN
(E) WALL

TO REMAIN
(E) WALL

TO REMAIN
(E) INTERIOR GLASS

WALL TO REMAIN
(N) DOUBLE

WALL MOUNTED

BIKE RACKS
(E) STOREFRONT

TO REMAIN

NEW WALL

NEW RETAIL
2,674 S.F.
(E) BREAK
ROOM
223 S.F.
(E) MEN
167 S.F.

NEW

SECURITY OFFICE
174 S.F.

ENTRANCE

EMERGENCY
EXIT
EXIT

NEW SECURE

INVENTORY
600 S.F.

NEW

CONFERENCE
ROOM
232 S.F.
(E) WOMEN
199 S.F.
(E) HALL
269 S.F.
(E) OFFICE
144 S.F.(E) UTILITY
119 S.F.
(E) LOBBY
522 S.F.
(E) ROOF OVER PATIO

NEW TRASH

ENCLOSURE
DR2.1

PROPOSED

FLOOR PLAN
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

PROPOSED FLOOR PLAN
SCALE: 1/4" = 1'-0"
TOTAL FLOOR AREA: 5,323 S.F.

EXISTING CLAY TILE

ROOF TO REMAIN

EXISTING CRICKET TO REMAIN

EXISTING BUILT-UP ROOFING

SYSTEM TO REMAIN

EXISTING GUTTER TO REMAIN

EXISTING WALK PADS TO REMAIN

EXISTING LOUVERED

ATTIC VENT TO REMAIN

EXISTING ROOF ACCESS

HATCH TO REMAIN

REPLACE EXISTING MECHANICAL UNIT

WITH NEW MECHANICAL UNIT

EXISTING PARAPET TO REMAIN

EXISTING ROOF DRAIN AND

OVERFLOW TO REMAIN

EXISTING ROOF DRAIN AND

OVERFLOW TO REMAIN

EXISTING CRICKET TO REMAIN

EXISTING GUTTER TO REMAIN

EXISTING CLAY TILE

ROOF TO REMAIN

EXISTING CLAY TILE

ROOF TO REMAIN

EXISTING PARAPET TO REMAINEXISTING PARAPET TO REMAIN
DR4.1

ROOF PLAN
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

ROOF PLAN
SCALE: 1/4" = 1'-0"

G A L A X Y W A Y

G A L A X Y W A Y
(E) BUILDING
(NOT A PART)PROJECT

PROPERTY LINE

PROPERTY
LINE

PROPERTY
LINE

PROPERTY LINE
(E) 6' WALK

TO REMAIN
(E) DRIVEWAY

TO REMAIN

NEW SCREEN AT

EQUIPMENT
(E) SIGN TO
REMAIN
(E) BUILDING
(NOT A PART)

REMOVE (E) OVERHANG
(E) DRIVEWAY

REMOVE PORTION OF CURB
(E) BUILDING
(NOT A PART)PROJECT

PROPERTY LINE

PROPERTY
LINE

PROPERTY LINE
(E) 6' WALK

TO REMAIN
(E) DRIVEWAY

TO REMAIN

NEW SCREEN AT

EQUIPMENT
(E) 12" WATER MAIN
(E) BUILDING
(NOT A PART)
(E) DRIVEWAY
(E) WATER METER
(E) SIGN TO
REMAIN

PROPERTY
LINE

NO PARKING

NEW TRASH ENCLOSURE,
SEE DR 1.3

NO PARKING

NEW TRASH ENCLOSURE,
SEE DR 1.3
L-1

PRELIMINARY

LANDSCAPE
PLAN

AUTHENTIC
1045 GALAXY WAY
CONCORD, CA 94520
JOB NO.:

REV. NO.REV. DATE
DATE:

JOB NO.:

REV. NO.REV. DATE
DATE:

EXISTING LANDSCAPE PLAN
SCALE: 1" = 20'-0"

PROPOSED LANDSCAPE PLAN
SCALE: 1" = 20'-0"

G A L A X Y W A Y
(E) DRIVEWAY
EV

CHARGING

ONLYCOMPACT
EV

CHARGING

ONLYCOMPACT

COMPACT

COMPACT
EV

CHARGINGONLY
EV

CHARGINGONLY
NO

PARKING
VAN
EV

CHARGINGONLY
EV

CHARGINGONLY
NO

PARKING
EV

CHARGINGONLY
NO

PARKING

G A L A X Y W A Y
(E) BUILDING
(NOT A PART)PROJECT

PROPERTY LINE
(E) 6' WALK

TO REMAIN
(E) DRIVEWAY

TO REMAIN
(E) SIGN TO
REMAIN
(E) BUILDING
(NOT A PART)

REMOVE (E) OVERHANG
(E) DRIVEWAY

NO PARKING
L-1A

PRELIMINARY

LANDSCAPE
PLAN

AUTHENTIC
1045 GALAXY WAY
CONCORD, CA 94520
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:

EXISTING LANDSCAPE PLAN
SCALE: 1" = 20'-0"

PROPOSED LANDSCAPE PLAN
SCALE: 1" = 20'-0"

F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
F
MH: 15
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
A
MH: 18
F
MH: 15
F
MH: 15
F
MH: 15
B
MH: 18
B
MH: 18

4.44.6 3.2 3.2 3.2 3.3 3.4 3.53.9 4.1 4.3

3.0 3.0 2.9 2.9 3.0 3.13.7 3.6 3.8 4.0

3.5 3.3 2.9 2.8 2.8 2.93.6 3.4 3.6 3.8

4.2 4.0 3.7 3.1 2.8 2.8 2.83.7 3.5 3.3 3.4 3.6

3.5 4.1 4.1 3.3 2.8 2.7 2.8 2.9 3.3 3.7 4.1 4.6 5.0 5.5 5.8 6.2 5.6 5.2 4.9 4.4 4.0 3.6 3.3 3.1 3.2 3.4

3.6 4.5 4.7 3.4 2.9 2.7 2.7 2.8 3.2 3.6 4.0 4.5 5.0 5.4 5.4 6.3 5.5 5.1 4.8 4.3 3.8 3.5 3.1 2.9 3.0 3.2

3.2 5.05.43.6 2.9 2.7 2.7 2.8 3.1 3.5 3.9 4.3 4.8 5.1 5.6 5.1 5.6 5.0 4.6 4.1 3.7 3.3 3.0 2.8 2.8 3.0

3.7 6.0 6.2 3.8 3.0 2.8 2.6 2.6 2.9 3.3 3.7 4.14.54.9 5.1 5.1 5.04.74.3 3.9 3.5 3.1 2.8 2.6 2.6 2.7

3.8 6.1 6.4 3.9 3.1 2.7 2.5 2.5 2.7 3.0 3.4 3.8 4.14.4 4.5 4.5 4.44.3 4.0 3.6 3.3 2.9 2.6 2.4 2.4 2.5 2.7

3.6 5.8 6.4 3.9 3.0 2.7 2.4 2.4 2.5 2.8 3.1 3.5 3.7 3.8 4.0 4.0 3.9 3.7 3.5 3.3 3.0 2.7 2.4 2.2 2.2 2.3 2.4

3.45.76.2 3.8 2.9 2.5 2.3 2.2 2.3 2.6 2.8 3.1 3.2 3.4 3.5 3.5 3.4 3.3 3.1 2.9 2.7 2.4 2.2 2.1 2.0 2.1 2.2

3.5 5.8 6.3 3.7 2.8 2.4 2.2 2.1 2.1 2.3 2.5 2.6 2.8 2.9 3.0 3.0 2.9 2.8 2.7 2.5 2.3 2.2 2.0 1.9 1.9 2.0 2.1

3.6 5.9 6.0 3.5 2.6 2.2 2.0 1.9 1.9 2.0 2.1 2.2 2.3 2.4 2.5 2.5 2.5 2.4 2.2 2.1 2.0 1.9 1.8 1.7 1.7 1.8 2.0

3.2 5.35.53.1 2.3 1.9 1.7 1.6 1.7 1.8 1.8 1.9 1.9 2.0 2.1 2.1 2.1 2.0 1.9 1.8 1.7 1.7 1.6 1.5 1.6 1.7

2.5 4.0 4.3 2.6 1.9 1.7 1.5 1.4 1.4 1.5 1.6 1.6 1.7 1.7 1.8 1.8 1.8 1.7 1.6 1.5 1.5 1.4 1.4 1.3 1.4 1.6

1.7 3.0 3.3 2.0 1.6 1.4 1.2 1.2 1.2 1.2 1.3 1.3 1.4 1.4 1.5 1.5 1.5 1.4 1.4 1.3 1.2 1.2 1.2 1.1 1.3 1.5

1.2 2.1 2.4 1.6 1.2 1.1 1.0 1.0 1.0 1.0 1.1 1.1 1.1 1.2 1.2 1.2 1.2 1.2 1.1 1.1 1.0 1.0 1.0 1.0 1.1 1.3

2.1 2.6 3.2 3.8 4.34.55.35.8 6.16.0 5.65.5 5.55.1 4.8 4.6

2.3 2.9 3.6 4.3 5.2 5.9 7.27.3 7.27.9 7.0 6.6 6.3 5.95.55.3

2.4 3.1 3.84.7 5.76.7 8.211.8 11.2 10.2 9.4 9.2 9.1 9.2 9.5 10.3 11.3 12.2 12.5 11.7 10.5 9.3 8.8 8.5 8.4 8.7 9.0 9.8 10.8 11.9 12.3 11.6 10.5 9.4 8.7 8.5 8.3 8.6 9.0 9.5 10.5 11.7 12.6 12.5 11.5 10.4 9.6 9.4 9.4 9.5 9.8 10.7 11.7 12.4 11.9 10.8 9.4 8.3 7.9 7.67.57.6 8.0 8.2 9.09.1 7.97.46.9 6.3 5.9 5.8

2.3 2.9 3.6 4.65.76.9 8.411.1 10.2 9.3 9.1 9.1 9.2 9.7 10.5 11.3 12.1 12.2 11.7 10.7 9.4 8.9 8.5 8.4 8.8 9.3 10.1 11.1 11.9 12.1 11.7 10.8 9.6 9.0 8.6 8.3 8.8 9.2 9.8 10.9 11.7 12.4 12.4 11.6 10.5 9.7 9.4 9.5 9.6 10.0 10.9 11.7 12.0 11.8 10.9 9.8 8.6 7.97.57.3 7.6 8.0 8.6 9.4 10.39.4 8.1 7.6 7.1 6.5 6.2 6.1

2.1 2.7 3.54.55.6 6.77.79.9 9.4 8.9 8.7 8.7 8.8 9.2 9.7 10.3 10.7 10.9 10.5 10.0 9.1 8.5 8.1 8.0 8.4 8.9 9.5 10.3 10.7 10.9 10.7 10.3 9.4 8.7 8.3 8.1 8.4 8.9 9.5 10.2 10.7 11.1 11.0 10.7 9.9 9.4 9.1 9.0 9.1 9.5 10.0 10.5 10.7 10.4 10.0 9.2 8.5 7.6 7.1 6.9 7.2 7.6 8.3 8.9 9.38.9 8.17.46.9 6.2 5.9 5.9

2.0 2.5 3.3 4.2 5.1 6.0 6.6 7.3 7.9 8.2 8.3 8.2 8.1 8.0 8.1 8.2 8.3 8.5 8.9 9.1 9.1 9.0 8.7 8.3 7.87.77.6 7.8 8.1 8.5 9.0 9.2 9.3 9.3 9.1 8.8 8.3 8.0 7.9 8.0 8.3 8.7 9.0 9.3 9.4 9.4 9.3 8.9 8.7 8.6 8.5 8.4 8.5 8.7 8.9 9.0 8.9 8.7 8.2 7.8 7.2 6.7 6.5 6.7 7.1 7.6 7.8 8.08.07.77.2 6.6 6.0 5.6 5.6

1.9 2.3 3.0 3.84.55.1 5.6 5.9 6.3 6.6 6.8 7.1 7.1 7.2 7.3 7.3 7.27.4 7.4 7.5 7.5 7.4 7.4 7.47.1 7.0 7.0 7.0 7.27.57.6 7.8 7.9 7.9 8.0 8.0 7.87.5 7.5 7.57.6 7.8 7.9 7.9 8.0 7.9 8.0 8.0 7.8 7.8 7.87.5 7.5 7.4 7.4 7.4 7.47.3 7.2 6.9 6.7 6.2 6.1 6.2 6.5 6.7 6.9 6.9 6.97.2 7.1 6.8 6.45.75.35.4

1.7 2.1 2.6 3.4 3.94.44.6 4.8 5.1 5.3 5.6 6.0 6.2 6.3 6.5 6.4 6.3 6.3 6.1 6.1 6.1 6.1 6.3 6.4 6.4 6.3 6.3 6.3 6.5 6.4 6.4 6.5 6.6 6.7 7.0 7.2 7.3 7.1 7.0 7.0 7.0 7.0 6.8 6.7 6.7 6.7 6.8 7.1 7.1 7.1 7.1 6.7 6.6 6.3 6.0 6.1 6.1 6.1 6.3 6.2 6.1 6.05.75.9 6.0 6.1 6.1 6.0 6.1 6.3 6.4 6.6 6.5 6.4 6.1 5.3 5.1 5.2

1.5 2.0 2.4 3.0 3.5 3.7 3.8 4.0 4.24.4 4.75.1 5.65.7 5.7 5.7 5.7 5.45.1 5.0 5.0 5.1 5.3 5.6 5.85.7 5.75.9 5.85.7 5.55.6 5.8 5.9 6.2 6.6 6.8 6.8 6.6 6.7 6.6 6.3 6.0 5.9 5.8 5.8 6.0 6.3 6.6 6.6 6.5 6.4 5.95.45.1 5.1 5.1 5.3 5.6 5.8 6.0 5.9 5.8 5.9 6.0 5.95.75.65.75.8 5.9 6.1 6.2 6.15.75.2 5.1 5.15.5

1.3 1.7 2.1 2.6 3.1 3.2 3.3 3.4 3.5 3.7 4.14.54.8 5.1 5.2 5.2 5.04.7 4.44.3 4.34.44.6 4.9 5.1 5.1 5.2 5.3 5.2 5.1 5.0 5.0 5.25.4 5.76.1 6.3 6.3 6.4 6.3 6.2 5.9 5.65.45.3 5.35.4 5.76.0 6.1 6.2 6.1 5.3 4.94.4 4.44.6 4.9 5.2 5.6 5.8 5.8 5.8 6.0 6.0 5.95.75.6 5.65.75.8 5.9 5.9 5.85.55.2 4.9 5.05.5

1.1 1.4 1.8 2.2 2.6 2.9 3.0 3.1 3.2 3.4 3.7 4.0 4.34.5 4.5 4.5 4.44.2 4.0 3.8 3.9 3.9 4.1 4.34.5 4.5 4.54.64.7 4.7 4.7 4.74.9 5.15.4 5.76.0 6.0 5.9 5.95.7 5.55.3 5.1 5.0 4.9 5.1 5.35.55.6 5.9 5.9 5.14.73.9 4.0 4.3 4.6 5.05.4 5.75.8 5.8 6.0 6.2 6.4 6.7 6.9 7.37.7 7.77.2 6.6 6.15.45.0 4.8 4.9 5.3 6.0

0.9 1.3 1.5 1.8 2.2 2.4 2.7 2.8 3.0 3.3 3.4 3.7 3.9 4.0 4.0 4.0 4.0 3.8 3.7 3.6 3.6 3.6 3.6 3.7 3.9 3.9 4.0 4.0 4.2 4.24.4 4.5 4.74.9 5.15.4 5.75.8 5.8 5.65.45.2 5.0 4.94.7 4.7 4.74.9 5.1 5.2 6.1 6.2 4.94.73.6 3.9 4.3 5.2 6.0 7.07.78.3 8.3 8.4 8.4 8.4 8.4 8.1 8.6 8.8 8.57.46.6 5.9 5.14.7 4.44.6 4.95.56.4 7.17.4

0.7 1.0 1.3 1.6 1.9 2.2 2.4 2.7 2.9 3.2 3.3 3.5 3.7 3.8 3.9 3.9 3.8 3.6 3.5 3.5 3.4 3.3 3.3 3.4 3.5 3.5 3.6 3.7 3.7 3.8 4.0 4.24.44.6 4.9 5.25.55.65.7 5.55.2 5.04.7 4.5 4.44.23.9 4.3 4.8 5.6 6.2 6.4

0.5 0.8 1.0 1.3 1.7 2.1 2.3 2.6 2.9 3.2 3.4 3.6 3.7 3.8 3.8 3.8 3.8 3.7 3.6 3.4 3.3 3.1 3.1 3.23.6 3.9 4.24.54.8 5.1 5.35.5 5.45.3 5.1 4.9 4.6 4.3 4.03.4 3.7 4.2 4.8 5.35.4

3.5 3.8 3.9 3.9 4.0 4.0 3.9 3.8 3.7 3.6 3.4 3.1 3.13.4 3.7 4.04.4 4.75.0 5.25.4 5.45.2 5.0 4.84.44.1 3.82.9 3.1 3.5 4.3 4.64.4

5.9 6.1 6.2 6.3 6.6 6.4 6.3 6.1 6.1 6.0 5.6 4.84.43.2 3.6 4.04.4 4.75.05.4 5.7 5.75.3 5.04.7 4.44.12.5 2.6 3.5 3.8 4.0 3.7

6.7 6.7 6.5 6.6 7.1 7.6 7.3 6.9 6.5 6.8 6.9 6.3 5.13.1 3.4 3.8 4.24.75.25.55.6 5.65.55.14.74.3 4.02.4 3.4 3.5 3.5 3.5 3.3

4.8 3.7 3.4 3.2 3.2 2.9

6.2 4.0 3.4 3.2 2.8 2.4

7.2 4.3 3.6

7.8 5.2 3.5

10.05.43.5 10.0 5.6 3.2

9.4 4.9 3.0

6.9 4.2 2.5

5.8 3.0 2.2

4.2 2.21.5

2.9 1.6 1.2

1.8 1.2 0.9

0.3 0.8 0.6

6.0 6.5 5.1 4.6 3.1 3.4 3.94.75.6 7.0 8.2 8.9 8.9 8.9 9.0 8.6 7.8 7.1 6.8 6.5 6.2 5.6 4.94.54.3 4.1 3.9

4.56.1 6.9 5.34.72.1 1.8 2.7 3.2 3.8 4.8 5.6 6.0 5.8 5.9 6.2 6.05.55.25.54.8 5.0 4.8 4.2 3.9 3.6 3.3 3.3

4.2 6.27.45.6 4.91.9 2.4 3.0 3.9 4.6 4.94.74.8 4.94.53.7 2.9 2.42.5 2.6

4.1 6.27.45.6 4.31.6 2.3

3.9 5.6 7.05.43.71.4 2.1

3.7 5.1 6.75.43.52.0

3.54.56.65.73.56.0 3.3 4.1 6.4 6.1 3.74.97.5

3.7 6.0 6.0 3.63.65.57.9

3.3 5.2 5.1 3.03.3 7.8

2.9 4.2 3.8 2.23.5 9.6

2.6 3.5 3.4 1.92.97.5

2.4 3.0 2.9 1.63.0 4.8 7.3

2.2 3.3 3.1 1.73.9 6.4

1.8 2.2 3.5 3.5 1.90.84.7

1.8 2.24.14.0 2.40.4 0.6

1.8 2.44.75.0 2.90.2 0.3

1.6 2.2 4.6 5.0 2.90.1 0.2
EV

CHARGING

ONLYCOMPACT
EV

CHARGING

ONLYCOMPACT

COMPACT

COMPACT
EV

CHARGINGONLY
EV

CHARGINGONLY
NO

PARKING
VAN
EV

CHARGINGONLY
EV

CHARGINGONLYNO

PARKING
EV

CHARGINGONLY
NO

PARKING
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

PHOTOMETRIC PLAN
SCALE: 3/32" = 1'-0"
Luminaire Schedule
SymbolQtyFixture TypeManufacturer and Part NumberLLFLumensWatts 14ANLS Lighting VSS-1-T4-32L-1-40K-UNV0.90311766106
2BNLS Lighting VSS-1-T5-32L-1-40K-UNV0.90312190106
14FNLS Lighting FLW-1-T4-16L-7-40K0.903313236

MOUNTING HEIGHT
18'-0" A.F.G.
18'-0" A.F.G.
15'-0" A.F.G.

NOTES:

1. The luminaire fixture types and part numbers included on the schedule above are for photometric purposes only and may need to be revised for real world conditions. Please refer to the manufacturer specification sheets and make sure to confirm voltages, finishes, mounting options, dimming and control options, accessories, etc. before specifying and/or ordering the fixtures.

2. LLF = Light Loss Factor = Lamp Lumen Depreciation (LLD) x Lamp Dirt Depreciation (LDD) = 0.95 x 0.95 = 0.90

3. The "MH" tag beneath the fixture type designations shown in plan view indicates fixture mounting height AFF (above finished floor).

Illuminance Calculation Summary
Calculation Grid DescriptionUnitsAvgMaxMinAvg/MinMax/Min LANDSCAPE AREAFc2.976.41.02.976.40
PARKING LOTFc6.1012.60.320.3342.00
PROPOSED RETAIL BLDG EXTERIORFc4.349.60.143.4096.00
DRIVE AISLEFc5.0010.00.316.6733.33
LOADING SPACEFc4.487.42.41.873.08
PATH TO STREETFc6.509.03.91.672.31
PH-1

PHOTOMETRIC
PLAN NOTES:

1. The calculation grid is at 0'-0" AFG unless otherwise noted.

SN-1

SIGNAGE
JOB NO.:

REV. NO. REV. DATE
DATE:

JOB NO.:

REV. NO. REV. DATE
DATE:
w w w . t w - a r c h i t e c t s . c o m
920 First Street, Suite 202
Benicia, CA 94510
Tel: (707) 747-1231
TOM WILSON ARCHITECT, INC.

09-01-2021
NSE22

AUTHENTIC
1045 GALAXY WAY,
CONCORD, CA 94520

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Lorna Villa, Associate Planner
[email protected]
(925) 671-3176
Subject: Considering the following actions:
1) Adoption of a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325- 004 (PL21153 – AA, ME, DA, DR), and
2) Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of
Concord and Authentic Concord, LLC (dba
“Stiiizy”)regarding the development of a cannabis
storefront and delivery retail business located at 1045 Galaxy Way, Assessor’s Parcel Number 126-325-004
(PL21153 – AA, ME, DA, DR) by reading of the title only and waving further reading.

CEQA: Exempt pursuant to the California Environmental
Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption.

Report in Brief
The City Council is requested to consider an Administrative Permit, Minor Exception, Design and Site Review, and an Ordinance for a Development Agreement with Attachment 4

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Authentic Concord, LLC (dba “Siiizy”) to establish a cannabis storefront and delivery retail use at 1045 Galaxy Way, subject to Conditions of Approval.

Recommended Action
1) Adopt a Resolution (Attachment 1) approving an Administrative Permit, Minor Exception and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126- 325-004 (PL21153 – AA, ME, DA, DR) , and
2) Introduce an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (dba “Stiiizy”) regarding the development of a cannabis storefront and delivery retail business located at 1045 Galaxy Way, Assessor’s Parcel Number: 126-325-004 (PL21153 – AA, ME, DR, DA) (Attachment 2) by reading of title only and waving further reading.

Background
Authentic Concord, LLC (“Authentic”) is a cannabis storefront and delivery retailer.

The company also owns and operates 25 cannabis businesses in northern and southern California, all licensed through the State’s Department of Cannabis Control (DCC). Authentic was one of six cannabis businesses selected by the City Council through the established competitive selection process that took place on May 25 and 26, 2021.

Cannabis Ordinance and Competitive Selection Process
On May 26, 2020, the City Council adopted an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to allow adult-use City Cannabis Licenses for certain types of cannabis businesses with the following maximum number of licenses allowable in parentheses:
 Manufacturers (limit of five)
 Testing laboratories (no limit)
 Retail storefront (limit of three)1
 Non-storefront retail (limit of three)1
 Type 11 distributors (limit of two)
 Microbusinesses (limit of six, a maximum of two microbusinesses may include a storefront retail component1, and a maximum of two microbusinesses may include a non-storefront retail component), and
1 Can only be applied for after being selected through a competitive selection process. All other available licenses can be applied for and issued through a first-come, first-serve process.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
 Type 13 distributors (only allowed with another license type).

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

The Request for Proposals (RFP) process approved by Council was designed to evaluate and select commercial cannabis businesses for an invitation to apply for a CCL. The intent of the RFP process was not to overburden applicants at this preliminary stage with the level of specificity and investment required in the CCL, land use, and building permit processes before the businesses received a higher degree of certainty that they would be invited to operate. As a result, an invitation to apply for a CCL through the RFP process did not constitute final approval for commercial cannabis operations in Concord. All successful applicants are required to apply for and receive a CCL, the appropriate land use permits (including an Administrative Permit and Design and Site Review approval), a State cannabis license, a City business license, building permits (including a Certificate of Occupancy), a voluntary Development Agreement to codify community benefit commitments, amongst other things; and other required regulatory approvals before commencing operations. The Administrative Permit, Minor Exception, and Design and Site Review are typically approved by the Planning Division; however, because only the City Council is authorized to approve a Development Agreement, the review authority for all planning permits processed concurrently is raised to the City Council level.

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

Ultimately, eleven applicants were interviewed by the City Council on April 13, May 25, and May 26, 2021 for six2 available licenses. The selected applicants were invited to apply for the available CCLs and submit their applications for an Administrative Permit, Design and Site Review, and Development Agreement as well as any other required land use approvals. The selected businesses include:
 Storefront Retail (3 licenses available):
o Authentic Concord, LLC (Rank 1)
o Culture Club Corporate Enterprise (Rank 2)
o Coastal Retail Concord, LLC dba Coastal (Rank 3)
2 Although there were three licenses available, only one proposal for non-storefront retail (Medusa) was successful in being invited to interview, and selected, by the Council so there are still two available licenses; per the code a new RFP process would be required to allocate these licenses.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
 Microbusiness (2 licenses available):
o Kolaboration Concord, LLC dba Coco Farms (Rank 1)
o Infinity Assets Concord, LLC (Rank 2)
 Non-storefront retail (3 licenses available, 1 applicant):
o Medusa (Design and Site Review for the property already approved on February 25, 2021 as part of the first-come first-serve cannabis process) Applicants interviewed, but not selected, were placed on a waitlist in the event that a selected applicant does not obtain the required approvals to operate.

After being selected by the City Council on May 26, 2021, Authentic submitted their CCL application on June 30, 2021. The CCL application was deemed complete on January 28, 2022. The City Council is not reviewing the applicant’s CCL application as this is completed administratively by the Chief of Police pursuant to the Concord Municipal Code (CMC).

On September 2, 2021, Authentic submitted applications for an Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement. A Minor Exception is necessary to allow for a ten percent increase above the Development Code’s parking requirement for Authentic. On September 14, 2021, the Development Advisory Committee (DAC) conducted a completeness review of the project. The City’s Planning Division provided comments to the applicant regarding landscaping, parking, trash enclosure, traffic study, and site visibility triangle. The project was deemed incomplete on September 30, 2021.

On October 29, 2021, the applicant provided responses to the incomplete items. The City conducted review of the revised items, and the project was deemed incomplete on November 24, 2021. A third submittal was received on December 10, 2021, and deemed incomplete on January 5, 2022.

On January 27, 2022, the applicant submitted revised plans to address the incomplete issues. The application was again deemed incomplete on February 25, 2022, with the remaining outstanding item being the completion of the traffic study.

On March 10, 2022, the Design Review Board (DRB) reviewed the project and recommended final Design and Site Review approval with recommendations regarding the design of the bollards, maintaining the storefront on the west side of the building, and adding two shade trees to the parking lot.

On April 4, the traffic study was finalized and the application was deemed complete on April 21, 2022. The Development Agreement was completed on May 3, 2022.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
On May 18, 2022, the Planning Commission continued the application to a date uncertain.

On September 7, the Planning Commission considered the Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement. On a unanimous 4-0 vote, the Planning Commission recommended approval of the requested applications.

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

5.80.030[c]), an Administrative Permit, Design and Site Review, and Development Agreement approvals are required for all cannabis businesses selected through the competitive selection process.

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

Analysis
A. Location
ꓠ

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
B. Applicant Owner Tom Wilson Future Diamond of Concord, LLC
TWA Architects C/O Reynolds Brown
5055 Business Center Dr. #108 1200 Concord Ave.

Fairfield, CA 94534 Concord, CA 94520 (707) 747-12 (925) 338-8867 C. Project Description
The proposed project consists of an Administrative Permit, Minor Exception, Design and Site Review, and a Development Agreement between the City of Concord and Authentic Concord, LLC, to establish a cannabis storefront retail and delivery business. Authentic is proposing to occupy a 5,323 square foot building located at 1045 Galaxy Way for the cannabis storefront retail use. The hours of operation will be from 9:00 a.m. to 10:00 p.m., seven days per week.

Delivery hours will be during business hours and delivery vehicles will be owned by the driver. The proposal includes interior changes to the floor plan to accommodate their business operation, as well as minor exterior improvements to the building and the site. Proposed improvements include replacing storefront windows, removing the overhang on the east side of the building, replanting empty landscape areas, and reconfiguring parking spaces. A bicycle rack and trash enclosure will be added, the ADA path of travel will be brought up to current standards, existing parking lot lighting fixtures will be upgraded to LED lights, and the façade will be repainted as necessary.

D. Site Description
The subject property is a developed site located on the north side of Galaxy Way, west of Diamond Boulevard. The 5,323 square foot Spanish-style building is located on the southwest side of the parcel set back approximately 54 feet from the Galaxy Way property line. In the center of the parcel, and toward the east, an existing 38,792 square foot building is currently being remodeled for Future Chrysler Dodge Jeep Ram of Concord. An existing detached storage building located at the west end of the parcel will also be utilized by the dealership.

Parking is located along the south property line and to the west of the building.

An entrance only driveway is located at the southeast end of the site and the exiting driveway at the southwest corner of the site. The subject site is zoned WMX (West Concord Mixed Use) and has a General Plan designation of West Concord Mixed Use (WCMU).

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Table 1: Surrounding Land Uses
Land Use General Plan Designation Zoning
North Hotel (Clarion) West Concord Mixed Use WMX
South Shopping Center
(Veranda)
West Concord Mixed Use WMX
East,
West
Offices West Concord Mixed Use WMX
E. General Plan
As described above, the site has a General Plan land use designation of West Concord Mixed Use (WCMU), which allows for a mix of office and commercial development such as new auto dealers, hotels, restaurants, and showroom/warehouses.

The proposed cannabis storefront retail use is consistent with the intent of the WCMU designation and is consistent with the following General Plan policies:
1) 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).

Authentic anticipates hiring between 35 and 45 employees for the business and aims to hire 75% of employees within a five-mile radius of the project site and up to 85% of the employees directly from the Concord and the broader Contra Costa region.
2) Require new commercial development to provide comprehensive landscaping, including hardscape and parking lot area 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 new storefront windows, repainting the building as necessary, installing new landscaping, trash enclosure, bike racks, and upgrading the ADA path of travel from Galaxy Way. These improvements will enhance the look of the site and contribute to the overall attractiveness of the area.
3) 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.
4) Provide sites for employment-generating businesses, technology-based businesses, and light industrial uses wishing to locate in Concord (Policy LU-

6.1.2).

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Based on Authentic’s proposal, the proposed cannabis storefront retailer would be hiring employees directly from the Concord community and anticipate providing 35 to 45 jobs that pay a living wage. 5) Evaluate the effects of new development on law enforcement service and take public safety issues into account when reviewing land use proposal (Policy S-7.1.1).

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

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

F. Zoning and Development Regulations
The site is zoned West Concord Mixed Use (WMX). The proposed cannabis business is classified as a Storefront Retail Cannabis use, which is allowed within the WMX district, subject to an Administrative Permit. The particular use is only allowable if the business has been selected through a competitive selection process and not located within 250 feet of a “sensitive use3.” No sensitive use has been identified within 250 feet of the proposed location. There are no changes proposed to the existing footprint or envelope of the building. As a result, there are no impacts related to development standards such as reduced setbacks or increased floor area ratio.

G. Site Design
The current site will mostly be unchanged with only minor site modifications and improvements proposed. The project scope includes replacing the 12 tandem parking spaces (of which six are inaccessible because they are double stacked) located to the west of the building with six 90-degree spaces. The proposed modification results in additional landscaping and improved parking access and safety. Two bicycle racks will be located to the west of the entrance. A trash 3 Sensitive uses include schools, child day care facilities, or youth community centers as defined in Chapter 5.80 (Cannabis).

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
enclosure, designed to match the building, with a stucco exterior and clay tile roof, is proposed on the west side of the 90-degree parking spaces.

H. Transportation Assessment
On April 25, 2022, Fehr & Peers completed a local transportation analysis for the project (Attachment 4). The purpose is to provide an initial screening for vehicle miles traveled (VMT) and evaluate the potential effects of the development of the project on the nearby area roadway levels of service (LOS) and review collision trends adjacent to the project site. The assessment determined that operations of the intersections that would provide primary access to the project site would not appreciably change with the addition of project traffic. Vehicle queues would generally remain unchanged with the addition of project traffic with the exception of the westbound left-turn movement at Concord Avenue and Diamond Boulevard. The Traffic Study has the following recommendation to address the detrimental effect of increased vehicle queuing for the westbound left turn at Concord Avenue and Diamond Boulevard:

The project applicant shall contribute to the retiming of the traffic signal to provide additional green time for the westbound left turn movement. This retiming would reduce the increases in vehicle queues below the City’s threshold for a detrimental project effect.

To address the project’s impacts to the Concord Avenue and Diamond Boulevard intersection, the following Condition of Approval has been included:

Condition of Approval #73
Comply with the recommendations from the Traffic Study prepared by Fehr & Peers, dated April 25, 2022, including but not limited to:
a. The project applicant shall contribute to the retiming of the Diamond Boulevard and Concord Ave traffic signal to provide additional green time for the westbound left turn movement.

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

I. Parking
Vehicle Parking. A total of 21 on-site parking spaces are required for the project as indicated below.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Table #2: Required Vehicle Parking
Use Floor Area Ratio Requires Spaces Proposed Spaces
Retail 5,323 1/250 21 19 Standard
2 Compact
7 EV Charging
2 Accessible
30 spaces
The 21 parking spaces are both a minimum and maximum requirement. Parking spaces equipped with charging or fueling stations for electric or alternative fuel vehicles do not count towards excess parking. The project proposes a total of 30 spaces, of which seven are EV charging spaces. Based on this, Authentic exceeds the parking requirement by two spaces. This amounts to ten percent more parking than the Development Code requires. Section J discusses in further detail the Minor Exception findings for exceeding the maximum number of required spaces by up to ten percent.

Bicycle Parking
The Development Code requires short-term bicycle spaces equal to five percent of the required vehicle spaces, with a minimum of two spaces per site. Uses with 25 or more employees are required to provide long-term bicycle parking at a ratio of ten percent of the required number of vehicle spaces. As shown in Table #2 above, 21 parking spaces are required for Authentic. This results in a requirement of two spaces each for short term and long-term bicycle parking.

The two required short-term bicycle parking racks will be located to the west of the entrance and the two long-term bicycle parking will be located inside the building, in the utility room.

J. Minor Exception
As discussed above, the project is exceeding the required parking by two parking spaces. The Concord Development Code (CDC) does allow for the number of parking spaces to exceed the requirement by ten percent, subject to a minor exception and the findings listed below. Additionally, required parking may be exceeded (without a minor exception) to provide parking spaces equipped with a charging or fueling station for electric or alternative fuel vehicles. The site plan indicates seven EV charging spaces are proposed.

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

The proposed design and layout of the parking spaces is the preferred alternative because it provides efficient use of the existing parking lot and is decreasing the overall number of existing parking spaces by six.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
The area where the six parking spaces are located will be replaced with landscaping which will enhance the site’s appearance.

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

The project will comply with all other applicable CDC standards for the WMX zoning district, with the exception of providing two excess parking spaces.

3. No negative impact will result.

There is sufficient space for the additional parking spaces and they do not negatively impact access, safety, or circulation.

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

The project is required to obtain a building permit and will comply with all other CDC standards.

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

For the City’s cannabis businesses, the Development Agreement will memorialize the commitments of each entity selected by the City Council through the competitive selection process. The proposed Development Agreement was negotiated between Authentic and the City Attorney’s Office (Exhibit A of Attachment 2) and Authentic is now seeking approval of the Agreement by the City Council. The Development Agreement is comprised of two parts, a standardized framework applicable to all cannabis businesses that were subject to the competitive selection process and an exhibit memorializing each businesses’ stated community benefits. Below summarizes (and paraphrases) key details incorporated into Agreement followed by Authentic specific Agreement Terms:
 Term. The initial term of the Agreement would be for five years with an automatic extension for two more years if specific criteria are met. There is also an option for a discretionary second extension of five years, if approved by the City Council.
 Vested rights. The developer (Authentic) shall have the vested right to develop the property and operate the cannabis business in accordance

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
with and subject to applicable City regulations, the project approvals, and the Development Agreement. Fees (i.e. impact fees, processing fees, etc.) are also vested on the effective date of the Agreement.  Applicable Laws. With the exception of the certain laws relating to cannabis businesses and land use and development, all other laws are not affected by the Development Agreement. For land use and development, all laws and regulations at the time the Development Agreement is executed are applicable to the project. Any new laws applicable to the project would have to be applied uniformly on a City-wide basis to other substantially similar projects and specifically pertain to any fees or charges, City procedures, or to protect physical health and safety.

For laws relating to cannabis businesses, all existing laws and regulations at the time the Development Agreement is executed are applicable to the project. Any new laws would have to be applied uniformly City-wide and provided that the changes do not prohibit operation of the cannabis business or restrict the sale of cannabis accessories4. For example if the City Council chose to ban cannabis vaping products in the future, the ban would not apply to the subject cannabis business because it would restrict the sale of cannabis accessories.
 Other required approvals. The developer acknowledges and is aware of federal laws and regulations regarding cannabis use, sale, and consumption and acknowledges it is at the developer’s risk. In addition, the developer is required to obtain and maintain the following, in addition to the requested entitlements:
o City of Concord Business License.
o City Cannabis License.
o State Cannabis License.
 Establishment of a Cannabis Community Benefit Fund (CCBF). The City will establish a fund into which local cannabis businesses, the City, and others may contribute funds. The City Council with direct disbursement of the funds. The Finance Department will establish procedures for this process. Expenditures are intended to advance the following community and public purposes:
o youth drug use prevention and education efforts;
4 Cannabis accessories means any equipment, products, materials or paraphernalia of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body, as defined by California Health and Safety Code Section 11018.2, or any successor statute thereto.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
o drug treatment programs and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism;
o workforce development;
o small business assistance;
o providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public art installations; o event programming and other activation of public space; and o improving quality of life and providing economic opportunities.  Contribution frequency. All developer contributions shall be paid monthly on the 15th, once the agreement becomes effective.
 Sales tax. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser is excluded from gross receipts.
 Cannabis Tax. The City currently does not have a cannabis tax. However, if a cannabis tax is subsequently adopted, during the term of the Agreement, the Developer contributions shall offset the Developer’s liability pursuant to the tax.
 Annual Review. The City and Authentic shall conduct an annual review to confirm that the terms of the Development Agreement are being adhered to by all parties. Authentic shall submit an annual report which will be used in support of this review process (as discussed in the last bullet in this section).
 Nondiscrimination: The City, developer, and all contractors and service contractors shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by law, in all activities in furtherance of or on site of work performed in relation to the project and the cannabis business. Such entities shall take active steps to ensure that all on-site activities are conducted without discrimination or harassment on these bases, by all employees and representatives.  Major Amendments: Major amendments, as defined in the Agreement, require public hearings before the Planning Commission and City Council.

The City Manager shall have the sole authority to determine if an amendment is major or minor.
 Restriction on Transfer or Assignment: The developer shall not transfer or assign its interest under the Agreement, or its ownership or control of the cannabis business, or its interest in the property, or its rights under

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
licenses, permits, or approvals required or granted by the City (including the project approvals), without the express written consent of the City.  Community Benefits (Exhibit B to Attachment 2 Exhibit A). The key component’s to Authentic’s specific voluntary community benefits, which were presented to the City Council as part of the interview and selection process, are as follows:
o Developer Contributions:
 One percent (1%) of Developer’s Cannabis Gross
Revenues5; or $20,000 (whichever is greater) on an annual basis to the CCBF.
 Five percent (5%) of Developer’s Cannabis Business Gross Receipts on an annual basis to the General Fund.
o Volunteer Hours:

At least twenty-four volunteer hours per cannabis business owner and on-site employee, each year. The details of the volunteer program are outlined in detail in the Community Benefits exhibit.
o Labor and Social Diversity:
 Authentic has entered into a Collective Bargaining
Agreement with United Food and Commercial Workers
Union Local 5 and will abide by the terms of that Agreement.  Actively develop a diverse candidate pool and prioritize the hiring of local and diverse talent to ensure the employees represent various racial, ethnic, and cultural backgrounds as well as women and military veterans.
 Will adhere to local recruitment efforts, including participation in local job fairs and outreach to community liaisons and partners, local community colleges and universities, and the Greater Concord Chamber of Commerce Job Postings
Board.
 Offer a workforce development program and other
continuing education opportunities to full time and part time employees.
 Promote causes such as fighting homelessness, assisting veterans, and fight cancer through promotions with 10-15% of the proceeds from certain product to be donated non-profit 5 The Development Agreement uses Gross Revenues and Gross Receipts interchangeably.

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Agenda Item No. 9.a
September 27, 2022
organizations, at least four times a year.
 Provide a living wage that does not fall below $17.50 per hour and full-time exempt employees’ salaries do not fall below $50,000 per year. Provide healthcare and other
benefits to its full-time salaried employees.
o Neighborhood Compatibility Plan:
 The Developer shall follow and adhere to the Neighborhood Compatibility Plan submitted as part of Developer’s RFP response, including the designation of a Community
Relations Officer, who shall be responsible for addressing and mitigating any complaints from the public, customers, and businesses with respect to the Cannabis Business or the Property.
o Annual Review Report: Authentic agrees to include findings, information, or data to demonstrate its compliance with the agreed upon Community Benefits in its annual report to the City.

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

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

As discussed in Section E, the proposed cannabis storefront retail use is consistent with a number of policies within the General Plan, particularly by fostering entrepreneurship; increasing the variety for retail goods; and providing employment generating businesses that place an emphasis on hiring Concord residents. No specific plan applies to the project.

As discussed in Section F, the project is located within the WMX zoning district and complies with all applicable development standards, with the exception of the project exceeding its parking requirement, for which a Minor Exception is requested that staff supports as discussed in Section J.

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

The cannabis storefront retail use will be in conformity with public convenience, general welfare, and good land use practices. Approval of the Development Agreement will include requirements for community benefits, including financial contributions to the City to further community programs.

The cannabis storefront retail use is permitted in the WMX (West Concord Mixed-Use) zoning district subject to an Administrative Permit and competitive selection process. The proposed use will be occupying an existing tenant

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
space, which is in conformance with the regulations and standards for the zoning district. No known sensitive uses as defined in CMC Chapter 5.80 are located within 250 feet of the subject property.

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

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

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

The proposed business will be occupying an existing building. The Applicant will be making minor changes to the exterior of the building, including new storefront windows, paint touch-up, and wall mounted lights 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, reconfiguring parking spaces, and a new trash enclosure. These improvements will help preserve property values for the area.

5. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5
Approval of the Development Agreement between the City and Authentic Concord, LLC is in conformance with the provisions and intent of Government Code Sections 65864 through 65869.5 for the following reasons:
 Assurances have been provided to the Developer due to vesting certain regulations.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
 The Developer has a legal or equitable interest in real property and the City will recover from the direct costs associated with the consideration of the Development Agreement.
 The Development Agreement contains a provision requiring an annual review for compliance with the terms of the Agreement, including provisions allowing for the modification or termination of the Agreement if it is found the Developer has not complied in good faith with the terms and conditions of the Agreement.
 The Development Agreement specifies the duration, the permitted uses of the property, and the required land use approvals.
 The Agreement is enforceable by any party thereto.

L. Design and Site Review
Staff has reviewed the proposed project architecture, layout, and landscaping for conformance with the WMX development standards.

Building Architecture and Site Design. The applicant is not proposing any major changes to the elevations of the existing building. The proposed changes include replacing exterior doors with storefront windows, removal of the overhang on the east side of the building and repainting the building where necessary. Other improvements include reconfiguring parking spaces and addition of a trash enclosure and bicycle rack, as well as upgrading parking lot lighting to LED lights and ADA path of travel.

Landscape. Existing landscaping at the site will remain. The applicant proposes to replant the empty landscape area along the Galaxy Way frontage and, based on the parking spaces that will be eliminated, add approximately 245 square feet of new landscaping (due to parking reconfiguration of the parking spaces) located on the west side of the building. The overall plan represents an increase in landscaped areas compared to existing conditions. The improvements are consistent with the CDC requirements.

Signs. Per the Development Code, storefront cannabis retailers are permitted one sign, which can only include the business name. The project complies with this requirement; one sign is proposed on the main (south) frontage of the building, and will consist of 46-inch-tall letters spelling “STIIIZY.” No logos or other identifying marks are proposed with the signage. The total sign area is 31.5 square feet. The proposed signage is consistent with the allowed sign area of the WMX zoning district.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Pursuant to CDC Section 18.415.100, findings are required for approval of the Design and Site Review application. Staff analysis on how the project meets those findings is provided below and, in the resolution, attached as Attachment 1, to this report.

1. The project is consistent with the General Plan.

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

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

The applicant is not proposing any structural changes to the building. The new storefront windows, which decreases the number of entrances from five to two, to minimize the points of access to the building, enhances the safety and security of the site. The new windows will continue to support public safety and security by allowing for surveillance of the street and parking lot by people within the building. The landscaping improvements are minimal and located along the street frontage on Galaxy Way and to the west of the building and will not obstruct views. Furthermore, as part of the review for obtaining a City Cannabis License, Authentic is required to submit a security plan that is reviewed and approved by the Concord Police Department. Therefore, the project and building design supports public safety and security.
(b) The design is compatible with the historical or visual character of any area recognized by the City as having such character.

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

The site and surrounding area are flat and have no topographically significant features, such as valleys, hillsides, or ridgelines that provide scenic views or vistas. The site is not near any open space or trail. (d) The proposed lighting and fixtures are designed to complement on-site buildings, are of an appropriate scale for the development, and provide adequate light for safety and security while minimizing glare.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Exterior wall mounted lighting will complement the Spanish-style of the building (Attachment 5). The only change to the parking lot lighting is to upgrade the lighting source (bulbs) to LED. Authentic is required to submit a security plan to be reviewed and approved by the Concord Police Department, which will ensure there is adequate lighting for safety. (e) All mechanical, electrical, and utility equipment is located, screened, or incorporated into the design of the buildings so as not to be visible from off-site, and screening devices are consistent with the exterior colors and materials of the buildings.

All existing and proposed mechanical equipment will be adequately screened with landscaping to reducing its visual impact. (f) The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, enhances the appearance and features of the project site and surrounding natural and built environment.

As mentioned previously, Authentic will not be making any substantial changes to the existing building’s façade or site design. The building’s storefronts will be replaced to remove three points of building access but will be replaced with windows in similar design to the storefronts.

Landscaping will be replaced to fill in currently barren areas and additional landscaping will be added with the reconfiguration of the parking lot, which will in turn enhance the appearance of the project site. (g) The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

Authentic is proposing to establish a cannabis storefront retail business within an existing building. A majority of the work required to establish this use involves interior enhancements to accommodate the business operation as well as replacing existing entrances with new storefront windows, repainting the building, where appropriate and reconfiguring the parking lot to enhance the circulation of the site for the proposed use.

There are no proposed additions or changes to the building footprint or envelope. Minor exterior and site improvements are proposed such as replanting barren landscape areas and the construction of new site amenities such as a trash enclosure and bicycle parking that will enhance the overall look and functionality of the site. Therefore, the project design is appropriate to the function of the project and will provide an attractive and comfortable environment.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
(h) The architectural details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

The minor changes proposed to the building’s exterior will not modify the architectural style or details of the building. New landscaping areas and upgrades to existing landscaping are proposed that will also enhance the site and complement the surrounding area.
(i) The project is compatible with neighboring development in a similar Zoning District by avoiding large differences in building scale and character and provides a harmonious transition between the proposed project and surrounding development.

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

The project proposes to occupy an existing building with minimal exterior modifications proposed that will enhance its attractiveness and not impact the well-articulated building. On-site improvement such as the trash enclosure, will be designed with the same color and materials as the building which will contribute to a visually interesting built environment. (k) The landscaping is compatible with and enhances the architectural character of the buildings and site features, and blends with the surrounding landscape. Landscape elements complement the buildings and rooflines through color, texture, density, and form. Landscaping is in scale with on-site and off-site buildings, and plantings have been selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.

Authentic proposes to replant empty landscape areas along the frontage and increase parking lot landscaping. This landscaping will fill in a gap within the existing landscaping to provide a more complete look along the street frontage. Further enhancements include the addition of shade trees among the new parking spaces.
(l) Stormwater treatment areas have been integrated into the landscape design.

The project is not proposing any changes to any impervious areas, and thus is not affecting any existing stormwater control elements at the site.

The project has been reviewed by the Engineering Division and will be

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
constructed in conformance with the City’s guidelines based on the project scope.
(m) New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development.

New development at the site will consist of a new trash enclosure that will have similar materials and colors of the existing building. Other modification to the building such as new storefront window will not alter the appearance of the building.

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

The project meets this finding for the following reasons:
(a) The project proposes minor modification’s that will enhance the overall character of the building and site;
(b) The proposed changes will freshen the look of the existing building; (c) Existing mechanical equipment will be screened from view; (d) The applicant will provide new short term and long-term bicycle parking; and
(e) The landscaping along the street frontage will be enhanced, and increased within the parking lot.

M. Hazardous Waste
The California Environmental Protection Agency provides a list of data resources that provides information regarding the facilities or sites identified as meeting the “Cortese List” requirements. A component of the Cortese List includes the list of leaking underground storage tank (LUST) sites from the State Water Resources Control Board (SWRCB) GeoTracker database.

The project site is on a parcel identified on the SWRCB’s GeoTracker website as a closed leaking underground storage tank (LUST) cleanup site in association with the use of the property as a car dealership. The LUST cleanup is related to former underground storage tanks (USTs) that were used to store gasoline located near the northwest corner of the parcel. The project site is on the southern boundary of the parcel and does not appear to have overlapped with the LUST cleanup site. A gasoline leak that occurred in 1986 initiated an investigation by the San Francisco Bay Area Regional Quality Control Board (SFBRWQCB). A site investigation and remedial actions were completed and a No Further Action Required was granted in 1995.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Additionally, a Phase I Environmental Site Assessment was conducted for the entire site and the car dealership to the north. Although several recognized environmental conditions (RECs) were identified, none occurred on the project site. In June of 2020, a Phase II Environmental Assessment was performed to determine the extent to which the existing RECs may influence the property conditions. The Phase II Environmental Site Assessment included several soil borings and groundwater samples. Results showed that although very low levels of volatile organic compounds and harmful metals were detected in the soil samples, the reported concentrations were below San Francisco Regional Water Quality Control Board Environmental Screening Levels. Therefore, additional investigation was not warranted, as constituents detected during the investigation would not pose a threat to human health or the environment.

Financial Impact
If approved, the Applicant will be required to make financial contributions to the City in the form of a Community Benefit, as required by the Development Agreement. The Applicant will be required to contribute one percent of Developer’s Cannabis Gross Annual Revenues, or $20,000 (whichever is greater) to advance community benefit programs, as well as five percent of Developer’s Cannabis Business Gross Receipts in financial incentives to the City. Consistent with the City’s conservative budgeting protocols, the future public benefit revenues and the future financial incentives revenues are not programmed into the budget at this time. Rather, they will be programmed by Council once revenue is received.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the proposed project is exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption. The activity is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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, the activity is not subject to CEQA.

An Exemption Memorandum (Attachment 6) prepared by Raney Planning & Management Inc., provides substantial evidence showing that the proposed project can be considered exempt from CEQA under guidelines Section 15061(b)(3).

Public Contact
The City Council Agenda was posted at City Hall and on the City’s website. Notification was mailed to all owners and occupants of property within five-hundred (500) feet of the subject parcel at least 10 days prior to the public hearing, and has been published in the

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
East Bay Times, as required by state law and the Concord Municipal Code. This item has also been posted at the subject site at least 10 days prior to the public hearing.

Additionally, notice has been provided to all interested parties on the City Cannabis e- notification list.

Attachments

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

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

3. Project Plans

4. Transportation Memorandum dated April 25, 2022

5. Wall mounted lighting details

6. Exemption Memorandum dated August 12, 2022

From: D'Marco Anthony <[email protected]>
Sent: Monday, January 22, 2024 6:11 PM
To: City Clerk <[email protected]>; Concord City Council Email <[email protected]>; Hart, Michael <[email protected]>; Barone, Valerie <[email protected]>; Marstall, Kevin <[email protected]>; Brown, Susanne <[email protected]>
Cc: Ezell, Justin <[email protected]>
Subject: Public comment item 5c

Dear Concord City Council and Staff,

Once again, I am concerned with this City actively being complicit in the black market sale of cannabis. The cannabis issue has already been preempted by the federal government. Therefore it is my understanding that the City of Concord does not have the authority to disregard the federal situation on the matter, even if the State of California has given the okay. That being said, I do fully support reforming federal cannabis laws. But in the meantime, I do not believe local governments like Concord have the authority to issue permits allowing for cannabis to be sold. I hope you will take my concerns into consideration.

Thank you,
-D'Marco J. Anthony – Concord resident

Benched Correspondence
Agenda Item No. 5.c
January 23, 2024

Staff Report
Date: January 23, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering appointment of applicants Janielyn Bayona, Gregory Grassi, and Michelle Lane to the Concord Measure V Oversight Committee for four-year terms ending December 31, 2027, as recommended by the Council Committee on Policy Development and Internal Operations (Birsan/Obringer).

Report in Brief
Consider appointment of applicants Janielyn Bayona, Gregory Grassi, and Michelle Lane to the Concord Measure V Oversight Committee for four-year terms ending December 31, 2027, as recommended by the Council Committee on Policy Development and Internal Operations (Birsan/Obringer).

Recommended Action
Appoint applicants Janielyn Bayona, Gregory Grassi, and Michelle Lane to the Concord Measure V Oversight Committee for four-year terms ending December 31, 2027, as recommended by the Council Committee on Policy Development and Internal Operations (Birsan/Obringer).

Background
In accordance with Policy and Procedure No. 89, openings on Concord’s Measure V Oversight Committee were announced on October 3, 2023. Applications were due to the City Clerk’s Office on Friday, November 3, 2023, at 5 p.m. When seated incumbents did not submit an application by the application deadline, the application period was extended by five (5) working days. The extended submittal deadline, Friday, November

5.d5.d5.d

City Council Agenda Report
Agenda Item No. 5.d
January 23, 2024
10, 2023, was posted on the City’s website, and the incumbents were notified of the application extension.

The Measure V Oversight Committee is comprised of five (5) members; at least one (1) representing the business community, at least three (3) residents of the City of Concord, and the fifth member either representing the business community or a Concord resident.

Members serve four-year terms.

The Measure V Oversight Committee fulfills two areas of responsibility of each of the years that the Measure V 1% (one cent) rate use and transaction tax is collected:

1. Review the City's annual audit report including the Measure V tax revenue and expenditures; and

2. Provide recommendations to the City Council on the use of Measure V revenue.

The Committee produces a report that records the results of its review of the City's audit and its recommendations for expenditure of the revenue generated from the tax. The report is presented to the Council at a public meeting and is a public record.

The City’s Conflict of Interest Code requires the Measure V Oversight Committee members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

The Committee is seeking to fill three (3) positions, two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, for four- year terms ending December 31, 2027. A total of 14 applications were received and 11 applicants qualified for the positions. Per Policy and Procedure No. 89, Section 3.4, incumbents Gregory Grassi and Michelle Lane were considered for resident positions without interview. The nine (9) applicants qualified to be interviewed included: Dena Acosta-Beere, Janielyn Bayona, Gary Bussiere, Michael Jesse, Brian Joubran, Marina Petrosov, Nick Petrosov, Matthew Selvester, and Michael Vellos. Interviews were held on Wednesday, January 10, 2024, by the Council Committee on Policy Development and Internal Operations. Applicant Michael Vellos did not interview, and the PDIO Committee considered him without interview. The applicant Summary is included as Attachment 1.

The Council Committee on Policy Development and Internal Operations recommended the appointment of Janielyn Bayona, Gregory Grassi, and Michelle Lane for resident positions for four-year terms ending December 31, 2027.

Public Contact
The City Council Agenda was posted and applicants have been notified.

City Council Agenda Report
Agenda Item No. 5.d
January 23, 2024
Attachments

1. Measure V Oversight Committee Applicant Summary

2. Applications

Measure V Oversight Committee
Applicant Summary
January 10, 2024
Applicant
Dena Acosta-Beere
Janielyn Bayona
Gary Bussiere
* Gregory Grassi
Michael Jesse
Brian Joubran
* Michelle Lane
Marina Petrosov
Nick Petrosov
Matthew Selvester
Michael Vellos – considered without interview
* Incumbent
Attachment 1

Application
Attachment 2

 




 
  
 












 

 


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PROFESSIONAL SUMMARY
BANK OF ALAMEDA (ACQUIRED BY BANK OF MARIN) SEP 2012 TO DEC 2015 VICE PRESIDENT/SR.C OMMERCIAL REAL ESTATE OFFICER
Developed business through relationships and referrals for bank providing commercial banking services to middle market companies.
x Underwrite and administered a $32.0 Million loan portfolio consisting primarily of construction loans and commercial real estate mortgages.

THE MECHANICS BANK, MAY 1999 TO FEB 2012
SR.V ICE PRESIDENT/CORPORATE BANKING SENIOR MANAGER: AUG 2006 TO FEB 2012 Managed the Oakland Corporate Banking Office with a staff of 4, 3 Relationship Managers and a Credit Analyst
As of Dec 2011, office maintained YTDA $98.2MM in outstanding loans and $42.6MM in deposits.

Consistently maintained low past due loans at under 0.50% Successfully established Dental Acquisition lending program for Mechanics Bank, generating over $20.0MM in new loans in first 12 months.

V
ICE PRESIDENT/R EGIONAL CREDIT ADMINISTRATOR: APR 2005 TO AUG 2006 Reviewed and approved C&I and term CRE credit write-ups for the Walnut Creek Commercial Lending Group.

Single approval limit up to $2.5MM.

Provided support to Relationship Managers for problem credits including appropriate action steps to successfully collect the subject loans.

Successfully managed collection efforts for several large commercial credits including working with legal counsel to prepare forbearance agreements.

V
ICE PRESIDENT/SR.R ELATIONSHIP MANAGER: MAY 1999 TO APR 2005 Developed business through relationships and referrals for bank providing commercial banking services to middle market companies.

Underwrite and administer a $35.4 Million loan portfolio consisting of commercial lines of credit, term loans, construction loans and commercial real estate mortgages.

Underwrote and obtained Bank approval for a $2.5MM Industrial Development Bond to purchase and construct industrial plant in Benicia CA.

Active member of the Association of General Contractors, Construction Managers Financial Assoc., American Subcontractors Assoc. and Engineering & Utilities Contractor’sAssoc.

With a banking career spanning 42 years, employers prior to May 1999 are available upon request.

COMMUNITY ACTIVITIES
Appointed to C
ONCORD REDEVELOPMENT ADVISORY COMMITTEE from 1985-1990. Served as Chairman in 1989-1990. Advised City Council on commercial development in Downtown Concord. Reviewed projects for viability and benefit to the City.

Formerly a member of the B
AY AREA SMALL BUSINESS DEVELOPMENT CORPORATION credit committee responsible for recommending loans for approval under the California State Loan Guaranty Program.

Loan requests are primarily for small start-up businesses or rapid growing businesses. Primary goal is job retention and/or creation.

Co-developed a seminar in conjunction with the EAST BAY SMALL BUSINESS DEVELOPMENT CENTER to instruct small business owner on the financial aspects required obtaining bank financing. Averaged over 23 participants over a four-week course of study.

EDUCATION
Security Pacific Credit Training - Credit I, II & III. Co vered all aspects of consumer, commercial and real estate lending.

Diablo Valley College - Principals of Accounting - 186 & 187, Intermediate Accounting 282 and Analyzing Financial Statements 174. No degree attempted.

BA - Political Science, California State University, Northridge, CA. 1973

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