Capital Improvements Project 2024-2025City of Concord
Number: 2727
Title: Diamond Boulevard Pavement Rehabilitation
Manager: Tianjun Cao
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Diamond Boulevard
Begin Date: 6/1/2024
Completion Date: 12/31/2025
Related Projects:
Description: This project will involve a combination of light maintenance and light pavement rehabilitation on Diamond Blvd from Walnut Creek Bridge to Concord Ave. The project will also include upgrading curb ramps to Americans with Disabilities Act (ADA) standards as needed and restriping.
Pertinent
Issues:
Staff implements the City of Concord’s Pavement Maintenance Program (PMP) to ensure equal distribution of pavement maintenance funds, by dividing the City into five geographical areas (Zones 1-5). Based on this system, the City assesses all of the arterial and collector streets on a bi- annual basis, and assesses the residential streets at least once every 5 years.
This project is selected for treatment as identified in Year 5 of the Five-Year Pavement Expenditure Plan.
Description
Prior
Allocation
Prior
Expend.
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.
Total
FY 26-27
Est.
FY 27-28
Est.
FY 28-29
Est.
FY 29-30
to 33-34
Est.
Project
Grand
Total
Funding Sources
266 State Gas Tax SB1 (RMRA) 1,500,000 1,500,000 1,500,000 Total: 1,500,000 1,500,000 1,500,000
Project Expenditures
1,500,000 1,500,000 1,500,000
Total: 1,500,000 1,500,000 1,500,000
Jul 11, 2024 04:49 PM Capital Improvements Project 2024-2025 Page 1
Capital Improvements Project 2024-2025City of Concord
Number: 2741
Title: Residential Pavement Maintenance No. 1
Manager: Deyuanne Lei
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 7/1/2024
Completion Date: 12/31/2025
Related Projects:
Description: This project will perform pavement maintenance in select Residential Neighborhood Zones as recommended by the 5-year pavement Maintenance Plan Update in 2024
Pertinent
Issues:
Staff implements the City of Concord’s Pavement Maintenance Program (PMP) which includes the assessment of arterial and collector streets.
The streets selected for this pavement maintenance project are included in the Five-Year Pavement Expenditure Plan and are selected based on several factors, including prior year project selection, the latest Pavement Condition Assessment, available budget, visual observation of the streets by Engineering staff, consultation with Public Works Infrastructure Maintenance staff and other adjacent or associated work such as utility repair and installation projects.
Description
Prior
Allocation
Prior
Expend.
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.
Total
FY 26-27
Est.
FY 27-28
Est.
FY 28-29
Est.
FY 29-30
to 33-34
Est.
Project
Grand
Total
Funding Sources
266 State Gas Tax SB1 (RMRA) 200,000 200,000 200,000 407 2021 Debt Issuance (Measure V) 820,000 820,000 820,000 Total: 1,020,000 1,020,000 1,020,000
Project Expenditures
1,020,000 1,020,000 1,020,000
Total: 1,020,000 1,020,000 1,020,000
Jul 11, 2024 04:50 PM Capital Improvements Project 2024-2025 Page 1
Capital Improvements Project 2024-2025City of Concord
Number: 2742
Title: Residential Pavement Maintenance No. 2
Manager: Tianjun Cao
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 7/1/2024
Completion Date: 12/31/2026
Related Projects:
Description: This project will perform pavement maintenance in select Residential Neighborhood Zones as recommended by the 5-year pavement Maintenance Plan Update in 2024
Pertinent
Issues:
Staff implements the City of Concord’s Pavement Maintenance Program (PMP) which includes the assessment of arterial and collector streets.
The streets selected for this pavement maintenance project are included in the Five-Year Pavement Expenditure Plan and are selected based on several factors, including prior year project selection, the latest Pavement Condition Assessment, available budget, visual observation of the streets by Engineering staff, consultation with Public Works Infrastructure Maintenance staff and other adjacent or associated work such as utility repair and installation projects.
Description
Prior
Allocation
Prior
Expend.
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.
Total
FY 26-27
Est.
FY 27-28
Est.
FY 28-29
Est.
FY 29-30
to 33-34
Est.
Project
Grand
Total
Funding Sources
266 State Gas Tax SB1 (RMRA) 1,300,000 2,000,000 3,300,000 3,300,000 Total: 1,300,000 2,000,000 3,300,000 3,300,000
Project Expenditures
300,000 3,000,000 3,300,000 3,300,000
Total: 300,000 3,000,000 3,300,000 3,300,000
Jul 11, 2024 04:51 PM Capital Improvements Project 2024-2025 Page 1
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of a budget transfer in the amount of $346,594.44 to the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), located on Northwood Drive, from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) and associated appropriation of such funds to Project No. 2608.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.
Report in Brief
Residential Pavement Maintenance, Phase B: Northwood Drive Project consists of Pavement Maintenance and concrete work on Northwood Drive - Zone 5C (Project No. 2608) (Project).
The work generally consists of removing and replacing concrete sidewalk, curb, gutter, valley gutter, curb ramps, milling and paving asphalt, lowering and adjusting utility covers to grade, and restriping.
The Project has been designed and competitively bid, and the construction contract was awarded by the City Council (Council) on May 28, 2024. Project construction in the field is expected to begin in August 2024 and be completed by October 2024.
4.i4.i
City Council Agenda Report
Agenda Item No. 4.i
August 13, 2024
On May 28, 2024, Council approved a $875,000 budget transfer from Oak Grove Pavement Rehab Project and the Pavement Holding Account, however, due to another transfer from the same project, there was not enough funds available to be transferred leaving a shortfall of $346,594.44. Staff recommends Council approve a budget transfer for the remainder from the Pavement Holding Account.
Recommended Action
Approve a budget transfer in the amount of $346,594.44 to the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), located on Northwood Drive, from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) and associated appropriation of such funds to Project No. 2608.
Background
On May 28, 2024, Council awarded a construction contract to McGuire and Hester for construction of Residential Pavement Maintenance, Phase B: Northwood Drive (Project 2608). In addition, Council approved and appropriated a budget transfer of $465,000 from the Oak Grove Road Pavement Rehabilitation, Phase 3 Project (Project No. 2557) (Measure J, Fund 475) and $410,000 from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407), for a total budget transfer of $875,000 to fully fund the Residential Pavement Maintenance, Phase B Project and the construction of the Northwood Drive Project.
Following Council approval of the budget transfer from the Oak Grove Road project, staff discovered that the Oak Grove project did not contain sufficient balance, leaving a shortfall of $346,594.44. This was due to a separate budget transfer from Oak Grove Road Pavement Rehabilitation to another project that was not previously tracked.
Approval of the budget transfer recommended in this report will resolve the shortfall that occurred.
Analysis
In response to the administrative error which caused the need for an additional budget transfer authorization, staff implemented a new budget transfer tracking process and increased internal coordination to more accurately track budget transfers and to prevent similar transfer shortfalls in the future.
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code (PRC) Section 21065 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. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk,
City Council Agenda Report
Agenda Item No. 4.i
August 13, 2024
landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed with the County Clerk’s office following the Council award of the construction contract.
Public Contact
The City Council Agenda was posted.
Attachment
1. Project Location Map
Attachment 1
Project Location Map
Residential Pavement Maintenance, Phase B: Northwood Drive – Zone 5C City Project No. 2608
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of a Memorandum of Understanding between the Contra Costa Resource Conservation District and the City of Concord to establish and maintain a pollinator habitat at Willow Pass Community Park in coordination with the City; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15304, 15305, 15323, 15333, and/or Public Resources Code Section 21065.
Report in Brief
The City would like to support Friends of Concord Creeks, a community partner, in establishing a new pollinator habitat at Williow Pass Park. Establishing this pollinator habitat is environmentally friendly, utilizes space that is currently underutilized, and comes at no cost to the City. This project is funded by a State grant that is administered by Contra Costa Resource Conservation District. Staff is seeking Council approval giving the City Manager authority to sign all agreements necessary to allow this project to move forward.
Recommended Action
Approve a Memorandum of Understanding between the Contra Costa Resource Conservation District and the City of Concord to establish and maintain a pollinator habitat at Willow Pass Community Park in coordination with the City; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.
4.j4.j4.j
City Council Agenda Report
Agenda Item No. 4.j
August 13, 2024
Background
Over the last year, City staff was approached by several members of the community that strive to see the expansion of pollinator friendly habitats throughout the City.
Pollinator habitats can beautify space, increase native biodiversity, increase pollination services, biologically control “pest” insects, and provide community engagement and learning opportunities. For decades, pollinators have been in decline due to urbanization, dwindling plant space, and increase in household outdoor chemicals throughout communities worldwide. In response to the alarming decline of pollinators, both federal and state funding has been made available to promote the health and repopulation of pollinators. By planting pollinator friendly plants, such as milkweed, food (nectar and pollen) are created to help increase the population of pollinators, bees in particular, and to provide habitat for monarch butterflies.
The City currently has two existing pollinator habitats established at Newhall Park and Brazil Quary Park. As a result of the requests from the community for additional locations, staff have been collaborating with Friends of Concord Creeks to establish a new pollinator habitat at Willow Pass Park. After months of collaboration and coordination, staff identified an underutilized space, on the northeast side of Willow Pass Park adjacent to the holding pond, as a suitable location for a new pollinator habitat. As part of the planning process to establish a pollinator habitat at Willow Pass Park, Friends of Concord Creeks applied for and have been awarded a state grant administered by Contra Costa Resource Conservation District to cover all of the direct costs to plant the pollinator habitat.
Analysis
By Council approving the recommended Memorandum of Understanding and Landowner Agreement, the City agrees to allow for the garden to be planted, provides permission for County staff and volunteers to be on property and maintain the habitat through a three-year establishment period, and commits to protecting the habitat from intentional removal and/or development for a ten-year period.
Pollinator habitats are beneficial to the community, environment, and represents a clear message that the City holds its responsibility to preserve, protect, and restore natural spaces seriously. The space chosen to establish a new pollinator habitat is ideal because it transforms an underutilized space that is currently covered by turf. This turf area requires a substantial amount of overhead irrigation to keep aesthetically pleasing to the eye. Installing this pollinator habitat will reduce watering costs and increase the beneficial use of this area. Staff worked with Friends of Concord Creeks and Contra Costa Resource Conservation District to create a site plan, ensure minor irrigation modification were viable, evaluated the irrigation and turf removal for impact and cost savings, and weighed the benefits of transitioning this space into a pollinator habitat versus the current costs of maintaining the turf. The evaluation resulted in a net benefit in all areas.
City Council Agenda Report
Agenda Item No. 4.j
August 13, 2024
Through Council approval of the Memorandum of Understanding and the Landowner Agreement, Friends of Concord Creeks will be authorized to execute the State grant award project and to plant the pollinator habitat with the assistance of and through the partnership with the City and Contra Costa Resource Conservation District.
Financial Impact
There are no costs identified with the staff recommendation, other than incidental costs associated with staff time.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), and/or 15061(b)(3), this activity/approval of the MOU 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.” In the alternative, this activity/approval of the MOU is exempt under CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15304 – Minor Alterations to Land, 15305 – Minor Alterations in Land Use Limitations, 15323 – Normal Operations of Facilities for Public Gatherings, and/or 15333 – Small Habitat Restoration Projects. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.
Public Contact
The City Council Agenda was posted.
Attachment
1. Proposed Memorandum of Understanding with Contra Costa Resource Conservation District with Exhibit B, Landowner Agreement
Memorandum of Understanding
Between
Contra Costa Resource Conservation District
and
City of Concord
This Memorandum of Understanding (MOU) sets forth the terms and understanding between the Contra Costa Resource Conservation District (CCRCD) and the City of Concord (City) to establish and maintain pollinator habitat at Willow Pass Community Park on the west side of the small lake at the north end of the parcel with APN: 111010015. Upholding the terms of this MOU will help guarantee the safety and longevity of this project.
Background
The CCRCD has grant funding from California’s Wildlife Conservation Board (WCB) to help establish and maintain pollinator habitat throughout Contra Costa County. The grant period runs through 2027. The City owns Willow Pass Community Park and supports the creation of a pollinator habitat garden on the west side of the Park’s lake (see Exhibit A for a map of the project area extent). In order for the CCRCD to use WCB grant funds to implement this project, the City is required to sign a Landowner Agreement, which is a separate document attached to this document as Exhibit B, for reference only.
Purpose
This MOU identifies specific roles of the CCRCD and the City agreed upon by staff and organizational leaders (CCRCD Board Members and City Councilmembers, respectively) from both parties. The goal of this partnership is to create pollinator habitat that will support pollinator health and also serve as a recreational and educational asset to the City and its residents.
This goal will be accomplished by undertaking the following activities:
Basic terms:
● The CCRCD will lead the implementation of a pollinator habitat garden at Willow Pass Community Park.
● The CCRCD shall indemnify, defend, and hold harmless the City, and its officers, agents, and employees against all liabilities, including, but not limited to losses, demands, claims, actions, judgments, fees, costs, and expenses that may result from the CCRCD’s actions while in the project area.
The City will provide:
● A survey of the area (before any implementation work begins) to locate and mark irrigation Attachment 1
lines, valves, and other underground utilities. These utilities will be marked or flagged in a manner that makes it clear to the CCRCD which utilities are present in the project area. ● Modification of the irrigation layout to eliminate overhead irrigation around the garden. ● One (1) new irrigation control valve and battery-operated controller. City staff will install this equipment before the CCRCD installs any plants.
● Supplemental water for the plants installed in the project area for the first 2-3 years after planting, or until the plants are established. This includes payment of water service bills and fees. The configuration of the irrigation and the watering schedule will be mutually agreed upon by the CCRCD and City staff based on the needs of the plants and conditions of the site.
● Designation of an area for material staging.
● Mulch (wood chips) for the project area.
● Installation of one (1) owl box within 100 feet of the project area to assist with organic rodent control.
● Access to the project area for CCRCD staff and volunteers to work on site prep, garden installation, and maintenance.
● A guarantee not to spray pesticides or herbicides in the garden area or anywhere within a 200-foot radius of the project area.
● A guarantee not to prune, remove, or otherwise alter any plants installed in the project area without first communicating with CCRCD staff. (Pruning or otherwise altering pollinator plants at certain times of the year can damage or destroy the habitat and/or destroy pollinators in difficult-to-detect stages of their life cycles.) ● A guarantee that if the City grants volunteers or members of the public permission to work in the project area when CCRCD staff is not present, the City will provide explicit permission to those people and be responsible for ensuring that those volunteers have insurance coverage. If a CCRCD staff person is not on site, the CCRCD cannot provide insurance coverage for anyone on site.
The CCRCD will provide:
● Funding for CCRCD staff time to plan and establish pollinator habitat at the project area (see Exhibit A for a map of the project area extent).
● Funding for purchase and installation of plants, plant cages and flags, and drip irrigation for the project area. Plants will be California natives that support pollinators.
Before planting, the CCRCD will provide a list of proposed plants to the City to ensure the City is satisfied with the plant palette.
● Prepping the site and establishing pollinator habitat will include one or more
volunteer workdays during which CCRCD staff will lead work activities (e.g., removing invasive plants, removing trash, breaking up compacted ground, sheet mulching, planting) in the project area.
● Volunteers working in the garden will be covered by the CCRCD’s insurance if CCRCD has asked the volunteer to work on the site. ● All volunteers under the direct supervision of at least one CCRCD staff member will be required to sign the CCRCD’s liability waiver before working in the project area.
● City staff are welcome to participate in and help advertise CCRCD- led volunteer workdays, but are not obligated to do so. ● In concert with the CCRCD, City staff are welcome to assist with site prep and/or workdays using City equipment (power tools, etc.), but are not obligated to do so.
● The CCRCD will not disturb the extant trees near the project area. To protect the trees, the CCRCD will lay out a mulch barrier extending several feet outward around the tree trunks.
● If drip irrigation in the project area is damaged during site prep or planting, the CCRCD will repair it.
● The CCRCD will ensure that the project area is cleared of any trash, planting materials, and tools upon completion of garden installation. ● CCRCD will provide the City with certificates of insurance, including at a minimum their commercial general and workers compensation policy that would cover the project.
● Oversight of Eagle scout installation of split rail fencing around the garden, or, funds for purchase and installation of garden fencing.
● Funding for educational interpretive signage and signage installation. Before installation, the CCRCD will confer with the City about the proposed signage location and design.
● At least annual maintenance and monitoring of the project area through February 28, 2027. This includes weeding, spreading mulch, and removing trash. Plants will be monitored for pollinator activity.
● If any plants initially planted in the project area do not survive during the grant period (through February 28, 2027), the CCRCD will fund and arrange for planting of equivalent replacement plants.
Reporting
Every twelve (12) months, both parties will meet to evaluate the effectiveness and adherence to this MOU.
Duration
This MOU is at will and may be modified by mutual consent of authorized officials from the CCRCD and the City. This MOU is in effect from the date of the last signature below and through the end of the CCRCD’s WCB grant period (through February 28, 2027) because this is
the duration of time for which the CCRCD can guarantee it has funding to provide the outlined services. The Landowner Agreement, attached as Exhibit B, requires the City to protect the project from destruction (“the landowner shall use the property and habitat improvements in a manner consistent with the purposes of the grant agreement; this includes, but is not limited to, refraining from harming, damaging, removing, altering, or interfering with the restored sites.”) for ten (10) years after the Landowner Agreement is fully executed. This MOU does not alter any of the terms agreed to in the Landowner Agreement.
Amendment
This agreement may be modified by mutual, written consent of authorized representatives from both the CCRCD and the City.
Contact Information
Contra Costa Resource Conservation District
Chris Lim
Executive Director
2001 Clayton Road, Ste. 200, Concord, CA 94520
925-672-4755 extension 4147
[email protected]
City of Concord
Valerie J. Barone
City Manager
1950 Parkside Drive, Concord, CA 94519
(925) 671-3150
[email protected]
Chris Lim Date
Executive Director
Contra Costa Resource Conservation District
Valerie Barone Date
City Manager
City of Concord
Exhibit A
Map of the Project Area Extent
The project area of the Willow Pass Community Park Pollinator Garden is delineated by the orange rectangle on the map above (west side of the lake). The blue line denotes the location of the main irrigation line, and the yellow triangle denotes the location where City Parks staff will install a new irrigation valve and a battery-powered controller. Green circles indicate extant seating areas.
Exhibit B (attached for reference only)
Landowner Agreement
Climate Resilience Through Habitat Restoration on California Lands Grant Agreement No. WC-2300KM
Project ID: 2022066
1 Landow
ner Agreement: Habitat Restoration Project
AGREEMENT REGARDING ACCESS TO AND USE OF REAL PROPERTY IN ORDER
TO IMPL
EMENT A HABITAT RESTORATION PROJECT
This agreement is entered into by Contra Costa Resource Conservation District (CCRCD) a public agency, and __City of Concord______, (“the landowner”).
PERTINENT
FACTS
A. The landowner owns certain real property (“t he property”), located in __Concord____________, Contra Costa County, California, as shown in Exhibit A, which is incorporated by reference and attached.
B. The CCRCD is a Special District of the State of California under Division 9 of the California Public Resources Code.
C. The CCRCD has been contacted by the landowner to assist in restoring the natural resources and enhancing habitat on the property, and the CCRCD seeks t o provide this assistance.
D. On February 14th, 2023, the State Wildlife Conservation Board (“the Board”), an agency of the State of California established under Division 2 of the Fish and Game Code, authorized a grant to the California Association of
Resource Conservation Districts
(CARCD) to undertake
on t
he property certain habitat restoration projects. T he CARCD in turn authorized a subcontract with CCRCD.
E. The grant agreement requires that the CCRCD enter into an agreement sufficient to protect the public inter
est in any restoration projects implemented under the Board’s grant, and to
ensure that the CCRCD has permission to implement and monitor projects on the owner’s land.
THE CCRCD AND THE LANDO
WNER AGREE AS FOLLOWS, in light of the Pertinent
Facts, above:
1. DURATION. This agreement shall take effect when fully executed, on the date last signed below, and shall run for TEN (10) YEARS (the “project term”), unless agreement is terminated earlier by mutual agreement in writing by the parties, with the written consent of the Executive Director of the Board.
2. CONSTRUCTIVE NOTICE. The terms, conditions and restrictions of this agreement, the Board’s grant agreement, and the provisions of the project shall be binding upon, and inure to, the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the land for the project term.
Exhibit B to Attachment 1
Climate Resilience Through Habitat Restoration on California Lands Grant Agreement No. WC-2300KM
Project ID: 2022066
2 This document
, substantially as shown, shall be signed by the CCRCD and the landowner. In addition, the landowner shall notify prospective buyers, lessees, or operators of the property to make them aware of this project and this agreement.
3. ACCESS BY THE PUBLIC AGENCY. By initialing each line below, the landowner authorizes CCRCD
staff and project proponents to enter the property throughout the project term for the purposes of:
• evaluating
site readiness and implementation of the project, commencing on the Effective Date of this Agreement, and continuing until the project is functional;
____________
• ensuring program compliance; and
_________
___
• monitoring the project throughout the project term.
____________
In addition, the landowner authorizes CCRCD staff to:
• add this project to th
e RCD Project Tracker, www.rcdprojects.org; and
____________
• take and ut
ilize photographs of the project.
____________
Climate Resilience Through Habitat Restoration on California Lands Grant Agreement No. WC-2300KM
Project ID: 2022066
3 4. NOTIFICATION
a. Any formal notification under this Agreement shall be made in writing, w ith at least a 30‐day
notice, and sent t o the email or mailing address shown below.
Name(s)
Address
Address
Phone
Email
Contra Costa Resource
Conservation District
Attn: Lisa Damerel
2001 Clayton Rd., Ste. 200
Concord, CA 94520
310-923-5506
[email protected]
The notification address, phone number, and email may be changed by written notice to the other party.
5. RESTORATION AND MAINTENANCE. The CCRCD shall utilize the Board’s grant funding to assist in the implementation of a habitat resto ration project on the property in accordance wit h the grant agreement, including but not limited to, eradication of no n‐ native plants, collection of seeds or cuttings, and planting of appropriate native species.
The CCRCD shall maintain the project and shall monitor and maintain the improvements as necessary through February 28, 2027, at which time, the landowner shall be responsible for maintaining the habitat value and/or functionality of the installed infrastructure for the remainder of the project term (10 years from the date last signed below). The landowner may maintain the habitat value and functionality of the installed infrastructure with volunteer support as they see fit.
6. INSPECTION. The CCRCD and the landowner shall permit the Board, its agents or employees,
and the Department of Fish and Wildlife to visit the project site during the term of this agreement to determine whether the s ite is being restored and maintained
in a manner
consistent wit h the grant agreement.
Kit P. Jory Sr.
1425 Gasoline Alley
Concord, CA 94520
925-671-3385
[email protected]
Climate Resilience Through Habitat Restoration on California Lands Grant Agreement No. WC-2300KM
Project ID: 2022066
4 7. LANDOWNER’S USE OF PROPERTY. Except as provided in this paragraph, the landowner reserves the right to use the property in any manner, provided that its use does not unreasonably interfere with the public agency’s rights under this agreement. During the term of this agreement, the landowner shall use the property and habitat improvements in a manner consistent with the purposes of the grant agreement; this includes, but is not limited to, refraining from harming, damaging, removing, altering, or interfering with the restored sites.
8. LIABILITY. The CCRCD shall be responsible for, indemnify and save harmless the landowner and the Board, its officers, agents, and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the property and improvements on it, except for active negligence of the landowner or the Board, its officers, agents or employees. The duty to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. The CCRCD waives any and all rights to any type of express or implied indemnity or right of contribution from the Board, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to the project, the property, and improvements on it.
9. AUTHORIZING SIGNATURES
Contra Costa Resource Conservation District (Public Agency) ________________________
______ _______________________
Date
Christopher Lim_________________
Executive Director ______________
CIty of Concord (Landowner)
______
_________________
Date
______________________________
[Authorized signature]
____________________________
[Print
or type name]
____________________________
[Title]
Valerie Barone
City Manager
Climate Resilience Through Habitat Restoration on California Lands Grant Agreement No. WC-2300KM
Project ID: 2022066
Exhibit
A: Map of Property
5 The project area of the Willow Pass Community Park Pollinator Garden is delineated by the orange rectangle on the map above (west side of the lake). The blue line denotes the location of the main irrigation line, and the yellow triangle denotes the location where City Parks staff will install a new irrigation valve and a battery-powered controller. Green circles indicate extant seating areas.
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering the following for the Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) generally located in the Downtown Concord area:
1. Award of a Construction Contract in the amount
$2,377,656.00 to Devaney Engineering, Inc. for the Total Bid of Downtown Sanitary Sewer Upgrade – Phase 4 (Project
No. 2598); authorizing Staff to utilize the available project contingency for contract change orders that become
necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Sewer Operating Fund); and
2. Approval of Task Order #1 with Dewberry Engineers Inc. in the not-to-exceed amount of $272,205.34 (base agreement of $247,459.40 plus staff authority to spend up to a 10% contingency of $24,745.94) to provide construction
management, material testing, and related services; and authorizing the City Manager to execute the agreement, in a form acceptable to the City Attorney (Sewer Operating
Fund); and
3. Authorizing the City Engineer to accept the improvements upon completion of Downtown Sanitary Sewer Upgrade –
Phase 4 (Project No. 2598) and directing the City Clerk to file a Notice of Completion; and
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City Council Agenda Report
Agenda Item No. 4.k
August 13, 2024
4. Make the CEQA determinations as provided in this staff report.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
Report in Brief
The Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) (Project) will replace existing sewer mains and laterals in the downtown area of Concord. The project will complete the remainder of sewer repairs needed as identified in the Concord Downtown Area Sewer Evaluation Report, generally located in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue. See attached location map (Attachment 1).
The Project has been designed and competitively bid and is at the point of construction contract award. If award is approved by City Council (Council), Project construction in the field is expected to begin in September 2024 and be completed by December 2024, weather permitting.
Construction management, inspection, and materials testing services for the Project are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the Project contract documents and the City of Concord (City).
Recommended Action
1. Award a Construction Contract in the amount $2,377,656.00 to Devaney Engineering, Inc. for the Total Bid of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Sewer Operating Fund); and make the CEQA determinations as provided in this staff report;
2. Approve Task Order #1 with Dewberry Engineers Inc. in the not-to-exceed amount of $272,205.34 (base agreement of $247,459.40 plus staff authority to spend up to a 10% contingency of $24,745.94) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney (Sewer Operating Fund); and make the CEQA determinations as provided in this staff report; and
3. Authorize the City Engineer to accept the improvements upon completion of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) and direct
City Council Agenda Report
Agenda Item No. 4.k
August 13, 2024
the City Clerk to file a Notice of Completion; and make the CEQA determinations as provided in this staff report.
Background
In early 2011, a Sewer Condition Assessment Study was completed to provide design recommendations, phasing possibilities, and cost estimates for the sewer main replacements required in the downtown area. The project scope was established to improve the infrastructure and reduce long term maintenance costs, including support for replacement of lower laterals (sewer service lines that run from the sewer mainline to edge of street right-of-way), and street resurfacing. To reduce significant construction impacts that a project of this magnitude would have on businesses and residents, the sewer replacement project was split into multiple phases.
Between 2012 and 2021, the City Council awarded multiple construction contracts for Downtown Sanitary Sewer Upgrade Phase 1, Phase 2, Phase 2b, Phase 3, and Phase 3b (Project Nos. 2185, 2295, 2404, 2407, and 2446). The Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) is the next phase that will complete the remainder of sewer repairs identified in the Concord Downtown Area Sewer Evaluation Report.
On June 28, 2022, City Council adopted the 2-Year CIP Budget for FY 2022/2023 and FY 2023/2024, which included the Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598).
On June 25, 2024, City Council adopted the 2-Year CIP Budget for FY 2024/2025 and FY 2025/2025, which included additional funding for the Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598).
If awarded tonight, the sewer construction is anticipated to begin in September of 2024 and be complete in December 2024, weather permitting.
Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. The Engineer’s Estimate for the Total Bid is $3,200,000.00. Bids were opened on June 27, 2024, and eight (8) bids were received in amounts ranging from $2,377,656 to $3,284,125.50. The basis of award for the Project is the Total Bid. The lowest bid was received from Devaney Engineering, Inc. of San Francisco, CA (Devaney).
City Council Agenda Report
Agenda Item No. 4.k
August 13, 2024
A summary of the three (3) lowest bids is as follows:
BID SCHEDULE Engineer’s
Estimate
Devaney
Engineering,
Inc.
Koios
Engineering
Inc.
K.J. Woods
Construction,
Inc.
Total Bid $3,200,000 $2,377,656 $2,444,535.50 $2,538,000 Devaney was the lowest bidder and submitted a responsive and responsible bid.
Devaney has an appropriate and valid contractor’s license and has previously completed a separate CIP project, Diamond Boulevard/Willow Pass Road Sewer Repair (Project No. 2554).
City staff (Staff) completed analysis of Devaney’s bid, determining that this contractor along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement.
Devaney is registered with the Department of Industrial Relations as required by SB 854.
Staff has determined there are sufficient funds to award the Total Bid.
Construction Management
On July 9, 2024, in conformance with the City’s purchasing policies, Staff contacted and issued a Request for Proposal (RFP) for Dewberry Engineers Inc. (Dewberry) under the Master Service Agreement (MSA) for Project Coordination/Construction Management to provide construction management, inspection, and materials testing services for Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598). The proposal was received and reviewed by Staff. Dewberry included ENGEO Inc. to provide material testing during construction.
Staff and Dewberry negotiated the scope of work and cost for the services and agreed upon a base amount of $247,459.40 as fair and reasonable compensation for the services needed to provide construction management for the Project. As the task order is over $200,000, Council approval is required.
Dewberry has extensive experience in the design and construction of similar sewer replacement projects in the Bay Area. They provided construction management on two recent City projects, including Citywide Slurry Seal – Phase 2 (Project No. 2527) and Citywide Pothole and Base Repair (Project No. 2593).
City Council Agenda Report
Agenda Item No. 4.k
August 13, 2024
Project Stabilization Agreement
On September 13, 2016, Council approved a Citywide Project Stabilization Agreement (PSA) with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. The Project will be subject to the requirements of the PSA as the estimated construction costs exceed $750,000. The prospective bidders for the Project were made aware of this requirement as part of the construction contract. Devaney, Devaney’s subcontractors, Dewberry, and ENGEO Inc. have submitted the required agreement to be bound forms for the Citywide PSA for construction and material testing during construction.
Financial Impact
The current total budget for Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) is $4,500,000 and is funded by Sewer Operating Funds (Fund 710). There are sufficient funds to award the Project construction contract. There are also sufficient funds to award the construction management, inspection, and materials testing services, staff oversight, and an approximate construction contingency of 10 percent for the Project.
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and Public Resources Code Section 21065, 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. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves constructing underground utility, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.
Public Contact
The City Council Agenda was posted.
Attachments
1. Location Map
2. Bid Summary
3. Construction Contract
4. Task Order with Dewberry Engineers Inc. with Exhibit A, Fee Proposal
Attachment 1
Project Location Map
Concord Boulevard Sewer and Streetscape
Improvements (Project No. 2598)
CONTRACT
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THIS CONTRACT made and entered into this August 13, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Devaney Engineering, Inc., 2655 Van Ness Ave., Suite 3, San Francisco, CA 94109, hereinafter called "Contractor", for Downtown Sanitary Sewer Upgrade - Phase 4, City Project No. 2598.
1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, clearing and grubbing, tree trimming, sanitary sewer replacement and rehabilitation, pavement rehabilitation, striping and pavement markings; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2023 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.
The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.
2. The Contractor agrees to receive and accept $2,377,656.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.
3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the Attachment 3
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28 time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
4. Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non- availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract.
The City will not be directly liable to any Subcontractor or supplier.
5. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.
6. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.
7. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.
8. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.
9. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall
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28 remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.
10. Time is of the essence to the terms of this contract.
NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.
IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.
Devaney Engineering, Inc.
a California corporation
By: Derek Devaney
Contractor
CITY OF CONCORD,
a municipal corporation
By:________________________________
Mayor
Email: [email protected]
APPROVED AS TO FORM:
By:________________________________
City Attorney
ATTEST:
By:________________________________
City Clerk
FINANCE DIRECTOR FUND CERTIFICATION
GL CODE ACCOUNT CODE AMOUNT
710-9500-C999-74200 710-2598-115-74200 $2,377,656.00
I hereby certify that adequate funds exist or will be received during the 2024-25 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.
Director of Finance
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28 TASK ORDER
TASK ORDER NO: 1
PROJECT NAME: Downtown Sanitary Sewer Upgrade Phase 4, PJ 2598 RELATED TO MASTER AGREEMENT WITH: Dewberry Engineers, Inc., MSA 6772 This Task Order is made and entered into this August 13, 2024, the City of Concord, hereinafter referred to as CITY, and Dewberry Engineers, Inc., hereinafter referred to as CONSULTANT.
Whereas, the parties hereto entered into a Master Agreement dated July 1, 2024 for a not-to-exceed total amount of $1,000,000.00 per fiscal year from the effective date of July 1, 2024 through June 30, 2026, to provide professional services as needed for various capital improvement projects; and Whereas, CITY desires CONSULTANT to perform certain tasks as hereinafter described for:
Downtown Sanitary Sewer Upgrade Phase 4, PJ 2598.
Now, therefore, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties agree as follows:
SECTION 1 - SCOPE OF SERVICES
CONSULTANT will provide Construction Management and Inspection Services Services for Downtown Sanitary Sewer Upgrade Phase 4, PJ 2598 per Exhibit A, a proposal from Dewberry Engineers, Inc., dated July 23, 2024, attached hereto and made a part hereof.
SECTION 2 – STAFFING AND ORGANIZATION
CONSULTANT will provide staff technically appropriate for this project.
SECTION 3 - COMPENSATION
CONSULTANT shall be compensated on a time-and-materials basis for construction management, inspection, and materials testing services not to exceed $272,205.34. This total includes the sum of the base contract of $247,459.40 and a 10% contingency of $24,745.94 at a later date if needed which would bring the total to $272,205.34. as rendered under Section 1 of this Agreement.
Compensation shall be in accordance with the terms and conditions indicated therein.
CONSULTANT may submit monthly statements for basic and additional services rendered. It is intended that payments to CONSULTANT will be made by CITY within thirty (30) days of receipt of invoice.
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28 SECTION 4 – TASK ORDER SUMMARY
In Witness whereof, the parties have executed this Task Order No. 1 the day and year written above.
CONSULTANT CITY OF CONCORD
By: ____________________________________ By: ____________________________________ Name: Howard Zabell
Title: Vice President
Email: [email protected]
Name: Carlton Thompson
Title: City Engineer
APPROVED AS TO FORM:
____________________________
ATTEST:
_______________________________________
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: _______________________, 2024
Task Order
No.
Date
Approved
Purchase
Order
No.
$ Amount
Fiscal Year
24/25
Account Code
1 TBD TBD $272,205.34 7109500C999-74250
7102598115-74250
Grand total, all task orders including this task order
#1
$272,205.34
Master Agreement dated 7/1/24, term through
6/30/26.
$1,000,000.00
per fiscal year
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28 I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT TO THE SUM OF UP TO $272,205.34.
ACCOUNT CODE:
7109500C999-74250
7102598115-74250
_________________________________
FINANCE DIRECTOR'S SIGNATURE
Project Coordination/Construction Management & Inspection Services City of Concord
Downtown Sanitary Sewer Upgrade - Phase 4 Project
DBE Utilization
HOURS COST HOURS COST HOURS COST
1.0 1.1 72 $13,410.46 72 $13,410
1.0 72 $13,410.46 72 $13,410
2.0 2.1 904 $166,703.84 904 $166,704
2.0 904 $166,703.84 904 $166,704
3.0 3.1 68 $12,345.09 68 $12,345
3.0 68 $12,345.09 68 $12,345
1,044 $192,459.40 1,044 $192,459.40
Construction Management & Inspection Services
Dewberry ENGEO TOTAL
7/23/2024
Construction Management & Inspection Services
Total Task 1
Total Task 3
Post Construction Services
Total Task 2
Pre-Construction Services
Pre-Construction Services
Post Construction Services
TOTAL DIRECT LABOR HOURS
TOTAL OTHER DIRECT COST $55,000.00
TOTAL PROJECT COST $192,459.40 $55,000.00 $247,459.40
$55,000.00
City Project No. 2598
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of a Maintenance Services Agreement with Palomas Landscape Inc. for citywide landscape
maintenance services for a three-year term, with three one- year extensions, in the amount of $550,000 per fiscal year; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney and making the CEQA determinations as provided in this staff report.
CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(2) and (3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code section 21065.
Report in Brief
The Public Works Department has completed a competitive solicitation and recommends awarding a maintenance services agreement to Palomas Landscape Inc.
The agreement replaces expiring and expired contracts to provide professional landscape maintenance services in City maintained medians and landscaped areas, specifically focused on irrigation repair and plant material replacements.
Recommended Action
Approve a Maintenance Services Agreement with Palomas Landscape Inc. for citywide landscape maintenance services for a three-year term, with three one-year extensions, in the amount of $550,000 per fiscal year; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney and making the CEQA determinations as provided in this staff report.
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City Council Agenda Report
Agenda Item No. 4.l
August 13, 2024
Background
Maintenance, repair and upgrade work for the City’s landscaped areas are accomplished through several means: City staff work, contracts for maintenance, contracts for repair work, and competitively bid public works projects. The Department of Public Works maintains landscaping for over 770 acres of parks and open spaces, including 91 medians, and 700 miles of roadways throughout the City. Currently, there are numerous areas where the plant material is dead, dying, and otherwise declining.
These areas are unsightly and, in some cases, have been overtaken by weeds and other invasive vegetation. In many cases, these landscaped areas need plant material removed and replaced, as well as maintenance to irrigation performed. Additionally, the City has a considerable number of irrigation lines that are made of Asbestos insulated pipe which require specialized training, certification, and precautions in order to repair.
This job duty is not included in the job descriptions of City staff and professional landscape maintenance firms are needed to complete this work. These repairs are critical to maintaining our parks, landscaped areas, and athletic fields.
Over the previous 2 years, Public works has utilized up to five different contractors and has allocated and spent $644,137 for FY22-23 and $591,344 in FY23-24 to perform these services. Utilizing different contractors has resulted in operational inefficiencies, increased costs, and unstructured maintenance due to limitations in their scope of work and workplans.
The City still has other landscape related contracts in place that continue, including one with Banksia for the regular maintenance (as opposed to irrigation repair and plant material replacement) along hundreds of miles of medians within the City. The Banksia contract will end within a year and a new competitively bid contract for this work is anticipated to be before Council in May of 2025.
Analysis
In an effort to standardize maintenance, enhance coverage, and improve efficiencies; the Public Works Department consolidated landscape and irrigation repair services into one maintenance services agreement under RFQ 052124. The consolidation will allow staff to adequately provide regular maintenance activities and address urgent maintenance needs as they arise. This proposed one contract with Palomas is for maintenance repair to irrigation and plant replacements. All work under this contract would be assigned through task orders. As of June 2024, the Public Works Department has utilized all available contract extensions with existing firms and several of the agreements that were in place to perform these services are now expired or are expiring. Failing to provide these services could result in catastrophic failure to several green infrastructure areas creating increased deferred maintenance and higher costs to fully repair these areas later.
City Council Agenda Report
Agenda Item No. 4.l
August 13, 2024
Procurement Process
The City completed a competitive solicitation. A request for qualifications was issued on May 22, 2024, and proposals were opened on June 7, 2024. Staff reviewed the Statement of Qualifications to ensure all requirements were met per the solicitation and sent a Request for Bid to the responding vendor. Staff reviewed the price proposal and found the rates to be competitive and acceptable according to previous bid processes and existing rates within the region. Palomas Landscape Inc. was found to be well qualified and was the lowest responsive bidder. Staff conducted reference checks on Palomas Landscape Inc. and has received positive feedback from all references which included well-maintained Homeowner Associations, commercial properties, and municipal agencies; and staff recommends awarding a contract to the company. The Scope of Work that will be completed under this contract by Palomas Landscape Inc.is found under Attachment 2.
Financial Impact
No new additional funds are being requested. Adequate funds are budgeted. This agreement is replacing previous agreements appropriated within: Project No. 2384 ($150,000 per year), budgeted and allocated for median landscaping maintenance; Project 2535 ($150,000 per year) for deferred maintenance issues; Operating budgets 100-5700-1Z01-63800-400 ($100,000 per year), for parks irrigation and landscaping maintenance repairs; 100-5710-1Z01-63800-400 ($150,000 per year), for medians maintenance service and irrigation repairs.
Environmental Determination
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code section 21065.
Public Contact
The City Council Agenda was posted.
Attachment
1. Maintenance Service Agreement with Exhibit A, Scope of Work
MAINTENANCE SERVICES AGREEMENT
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Attachment 1
THIS AGREEMENT (“Agreement”) is entered into on August 13, 2024 between the City of Concord, a California municipal corporation (“CITY”) and Palomas Landscape Management , a Incorporated, 21 Elliot Ct., Concord, California 94521 (“CONTRACTOR”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONTRACTOR to provide the services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM. This Agreement shall commence on August 13, 2024 and expire on August 12, 2027.
A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for three (3) additional period(s) of one (1) year each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement.
Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then-current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to a duly executed Amendment to this Agreement.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY’s authorized representative, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT.
A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed Five
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Hundred Fifty Thousand dollars ($550,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.
CONTRACTOR may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONTRACTOR for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.
CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.
CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.
CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542
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which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Parks Manager of the Department of Public Works. The CONTRACTOR’s authorized representative is Miguel Barajas, Owner.
5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.
A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.
B. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONTRACTOR not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000.
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Any additional compensation to CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
C. Waiver. CONTRACTOR’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.
Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.
CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use
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taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.
7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to CITY that CONTRACTOR is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.
8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) without the prior written approval of the CITY. Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than CONTRACTOR.
CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.
CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. “Work Materials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY upon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.
Work Materials are instruments of CONTRACTOR’s services in respect to this project, and
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are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.
CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.
10. INDEMNIFICATION.
A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.
B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non-performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’S part shall not apply to demands, actions, losses,
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damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
This Section 10 shall survive expiration or other termination of this Agreement.
11. INSURANCE. CONTRACTOR agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONTRACTOR, and CONTRACTOR shall immediately cease performance.
All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all Work Materials prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONTRACTOR agrees as follows:
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A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONTRACTOR will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONTRACTOR for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONTRACTOR of CONTRACTOR’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
16. CONFLICT OF INTEREST.
A. CONTRACTOR covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONTRACTOR’s performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY.
CONTRACTOR agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and
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(2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS. CONTRACTOR shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the CITY, and permits for the conduct of its business and the performance of the services.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”
21. INTEGRATION. The recitals and any exhibits attached to this Agreement are
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incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this Agreement without the CITY’s prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONTRACTOR’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.
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To CITY: Kit Jory,
Parks Manager
City of Concord
1455 Gasoline Alley
Concord, CA 94519-2578
Telephone: (925) 671-3385
Email: [email protected]
To CONTRACTOR: Miguel Barajas,
Owner
Palomas Landscape Management
21 Elliot Ct.
Concord, California 94521
Telephone: (925) 383-6010
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONTRACTOR or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]
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IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONTRACTOR: CITY:
Palomas Landscape Management , City of Concord,
a Incorporated a California municipal corporation
By:_________________________________ By:______________________________ Name: Miguel Barajas Name: Valerie J. Barone
Title: Owner Title City Manager
Address: 21 Elliot Ct. Address: 1950 Parkside Drive
Concord,California 94521 Concord, CA 94519
Telephone: (925)-383-6010 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Brown Joelle Fockler MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:________________
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024-2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $550,000. Account Code No. Account Codes below No. Amount FY24-25 Account Codes
1 $ 100,000.00 100-5700-1Z01-63800-400
2 $ 150,000.00 100-5710-1Z01-63800-400
3 $ 150,000.00 4909500c99963800 490253511163800
4 $ 150,000.00 4019500c999963800 490238411163800 .
Finance Director's Signature
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EXHIBIT “B”
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONTRACTOR, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONTRACTOR shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONTRACTOR’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONTRACTOR shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONTRACTOR, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONTRACTOR covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONTRACTOR shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONTRACTOR that CONTRACTOR has no employees.
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If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONTRACTOR. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONTRACTOR shall also provide timely and prompt notice to CITY if CONTRACTOR receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONTRACTOR’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONTRACTOR under this Agreement are subcontracted to a third party. CONTRACTOR shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
Exhibit A Scope of Services
The Contractor shall provide scheduled and unscheduled maintenance and/or emergency services for City-owned landscaped areas. The scheduled services shall include reactive and preventative maintenance, and other scheduled and unscheduled work and/or response work due to weather, accident, or other distress, by duly trained and qualified personnel. This work includes: mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. The work shall be performed in accordance with accepted professional work standards at the discretion of the Park Division Manager.
For emergency services, the City expects maintenance technicians to be assigned to the City as necessary to provide response to the City’s requests for scheduled work within 24 hours, and to respond to unscheduled/emergency work during and after regular working hours (8:00 AM to 6:00 PM, Monday through Friday) within 4 hours.
The Contractor must provide vehicle(s) to be used by the Contractor’s Technicians which shall be equipped with: warning beacon/strobe lights; traffic cones; and road work warning signs. All the required equipment shall be properly maintained and functional twenty-four (24) hours a day, seven (7) days a week, including holidays.
The Contractor must possess, and have readily available in functioning order, all required tools, equipment, apparatus, facilities, and materials needed to perform all work necessary to deliver services, complete construction and/or renovation, maintain landscaped areas, and to provide tree-related services for the City in compliance with City of Concord standards and specifications as directed by the Parks Division Manager.
Exhibit A to Attachment 1
A. Maintenance Requirements
1. Scheduled Landscape Services
As directed by the City, the Contractor shall provide all resources for scheduled maintenance.
Compensation for all scheduled work will be paid at the hourly labor rate, with all vehicles, equipment, tools, and other materials necessary to complete the work being rolled into the hourly rates. The landscape maintenance work may include, but is not limited to the inspection of sites, planting, watering, replacement of plants, servicing of irrigation and sprinkler systems, identifying signs of decay, disease, insect and other damage or contraindicated conditions, the remedying of such conditions when advisable, including plant removal, if necessary, as requested by the City.
2. Unscheduled and Emergency Response Work
As directed by the City’s Parks Division Manager, the Contractor shall provide all resources for Unscheduled or Emergency Response Work on City-owned landscaped areas. Compensation for Unscheduled or Emergency work will be paid at the hourly labor, vehicle and equipment rates. compensation for travel time shall be included in the payment for unscheduled or emergency work. Unscheduled and Emergency Work includes, but is not limited to the following:
a. Emergency Work needed to remove any landscape material or portions thereof from a position of threatening public safety, mobility, public spaces, or City-owned assets.
b. Unscheduled servicing of City-owned irrigation systems that may be requested by the City less than 24 hours in advance of need.
3. Necessary Work that has not been Pre-Approved
If during the performance of authorized scheduled or authorized unscheduled/emergency work the Contractor discovers necessary work outside of the scope of work authorized at that time, Contractor shall immediately notify the City’s supervisor/manager, provide a description of the issue and a recommendation for disposition and await further direction. In no case shall the Contractor perform work without first obtaining written authorization from the City’s Parks Division Manager.
4. Response and Service
The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a tree causes or becomes a part of a potential threat to public safety. The maximum response time shall be as follows: Emergency maintenance – four (4) hours.
5. Debris Removal and Salvaged Equipment
All tree debris is considered refuse and shall be disposed of properly by the Contractor at Contractor’s cost, including any non-vegetative material or equipment deemed necessary for removal.
6. Work Specifications
a. Safety near underground and overhead utilities
Contractor shall ensure employees and equipment are following all required safety protocols, precautions, and legal requirements when working within legal proximities of any utility. b. Planting, Plant Removal, Irrigation, and Maintenance
1. The Contractor shall provide the highest quality of maintenance, including planting, pruning, replacement of plants, and servicing of irrigation. The
Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for maintenance.
2. The Contractor shall ensure that planting and maintenance is appropriate for the species and site conditions.
c. Debris Removal
As prevention measure for disease, all dead plant material, wood, trimmings, and wood chips shall be properly disposed of at a refuse disposal site at no expense to the City. d. Underground Service Alert (USA Dig Alert) Monitoring and Requirements The Contractor will be required to obtain adequate marking of any underground utilities that may be impacted or damaged by Contractor’s work on behalf of the City, in accordance with the California Government Code Section 4216 et seq. The Contractor shall assume all liability for satisfying the City’s obligations to adequately identify underground structures in accordance with this law. Compensation for obtaining USA – Dig Alert services identified above will be considered as paid for in the various other elements of work performed; therefore, no additional or separate payment will be made for this task.
e. Certifications, Equipment, and Safety
1. The Contractor will ensure that all staff are appropriately trained and certified in their areas of work assignment including:
a. Traffic Control & Flagging
b. OSHA10
2. The Contractor will ensure that all equipment is of acceptable type and condition according to industry standards and subject to the discretion of the Parks Division Manager or their assigned designee.
a. All equipment will be appropriately marked and labeled with the contractor’s company name and contact number.
b. The Contractor is responsible to follow all Cal/OSHA safety standards, industry required, State, and local laws regarding safety inspections, meetings, pre and post trip inspections, documentation, and other safety practices that are consistent with the industry’s Best Management Practices.
3. Traffic Control may be incidental to the job and the contractor shall provide all necessary warning signs and traffic channeling devices. Flagging personnel shall provide evidence of training regarding Cal/OSHA requirements. Signs and warning devices shall be set up in accordance with the current edition of Manual of Traffic Controls for Construction and Maintenance Zones published by the State Department of Transportation. The contractor is responsible for obtaining any necessary traffic control permits in advance of performing the work. Permits and request forms can be obtained at the following site: https://www.cityofconcord.org/169/Permit-Center
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-5838
Subject: Considering recommendations from the Council Ad Hoc Committee for the Homeless Strategic Plan Implementation of a competitive grant program and providing direction to staff on next steps.
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
During the June 11, 2024, City Council meeting Mayor Birsan formed an Ad Hoc Committee consisting of Councilmembers Aliano and Hoffmeister to discuss and recommend the process for allocating $5.2 million of funds through a competitive grant process for implementation of the seven Homeless Strategic Plan strategies.
The Ad Hoc Committee finalized its recommendations to Council. In broad strokes the Committee’s recommendations involve distributing $5 million through grants to nonprofit organizations using the same process as was used for distributing American Rescue Plan Act (ARPA) funds; $200k is recommended to be retained for administration.
Recommended Action
Receive a presentation from staff on recommendations from the Council Ad Hoc Committee on a competitive grant process and provide direction to staff on next steps.
5.a5.a5.a5.a5.a5.a
City Council Agenda Report
Agenda Item No. 5.a
August 13, 2024
Background
The accepted Homeless Strategic Plan (HSP) contains six goals which provide a clear roadmap and direction for the implementation of the Plan. They are the desired outcomes that, when accomplished, contribute to fulfilling the Plan’s broader vision:
“The City of Concord envisions a community where every person has a safe, affirming, and stable place to live. This vision endeavors to reduce homelessness through community involvement, collaboration with partner agencies (government and non-government), and enhanced services that are carried out in a dignified, compassionate, and equitable manner.”
The following are the Council-endorsed goals within the Plan:
Increase coordination of emergency response efforts
Strengthen system support with government and non-government agencies Create immediately accessible temporary housing
Explore avenues of equitable support for target populations Increase homeless prevention services
Create a safe place for the unhoused to dwell
The following strategies also contained within the Plan are actions the City may undertake to achieve the Plan’s stated goals. The initial six strategies were developed by a Working Group through feedback from stakeholders and utilization of an evidence based, best practice framework, and were endorsed by Council through acceptance of the Plan. The Permanent Supportive Motel Housing strategy is not listed in the City’s Homeless Strategic Plan; the strategy was adopted by the City Council on June 25, 2024. In addition to adopting this seventh strategy, Council agreed to allocate $550,000 of the available funding for its implementation.
Mobile Resources Unit
Rapid Re-Housing
Permanent Supportive Motel Housing
Interim Housing Models
o Scattered Site
o Scattered Site Tiny Homes
o Centralized Tiny Homes
o Interim Motel Housing
City Council Agenda Report
Agenda Item No. 5.a
August 13, 2024
On June 4, 2024, after receiving information from staff on the various approaches to HSP implementation, the City Council agreed to implement strategies by investing $5.2 million of one-time funds through a competitive grant process. This approach is like the one Council previously used for ARPA. Investing in the non-profits using ARPA allowed the existing service providers to leverage funding they already had, or funding for which they had access, to increase their service levels. The Mayor subsequently formed an Ad Hoc Committee consisting of Councilmembers Aliano and Hoffmeister to advise staff and to make process recommendations to Council for allocating funds. This is the model the Ad Hoc Committee’s recommended competitive grant process to implement the HSP is based on.
Analysis
Through their conversations, the Ad Hoc Committee developed draft plans and materials for distributing the available funding to nonprofit organizations; their recommendations and materials are as follows:
A. Utilize the same process of distributing funding as was used for the ARPA process, including use of a Council Ad Hoc Committee for reviewing and ranking proposals and making recommendations to the full City Council. These details will be incorporated into the process:
1. $5 million will be made available through a Request for Proposals (RFP). There will be no preset amounts for individual strategies, excepting the $550,000 that Council set aside on June 25, 2024, for Permanent Supportive Motel Housing.
2. $200k will be retained for administrative purposes (administration, data collection, report summarization, etc.).
3. Respondents must describe their programs in detail including budget, the locations of where they will provide their services, and any preconditions that may be imposed on the recipients of their services (if any).
4. Respondents must describe the people they will be serving and where they reside, with a focus on Concord residents.
5. Respondents must provide examples and data about similar programs they have successfully operated.
6. Respondents must provide information about the financial health of their organization, including providing a copy of their most current Form 990.
7. Applications will include an acknowledgement by the respondents that these are one-time funds.
8. Respondents must describe how they will leverage the funds, and how their program will continue to be sustainable once the one-time funding has run out.
City Council Agenda Report
Agenda Item No. 5.a
August 13, 2024
9. Respondents must provide a description of how subcontractors will be used and a list of their subcontractors (if any).
10.Respondents must define milestones, and the frequency and amount of funding that is needed to achieve proposal goals and outcomes.
11.Respondents may submit applications for more than one strategy.
B. The RFP will include “Permanent Supportive Motel Housing” as a seventh strategy, and $550k of the $5 million will be allocated for this strategy, as directed by Council during the June 25 City Council meeting.
Next Steps
Should Council concur with the above recommendations as they are currently written, staff will take the following actions:
1. Open and announce a $5,000,000 nonprofit grant program on August 14, 2024 using the attached RFP (Attachment 1). The applications will be accepted and managed through an online portal.
2. Agendize at a future public meeting the Mayor expanding the role and extending term of the existing HSP Ad Hoc Committee (Hoffmeister/Aliano) to assign them the task of reviewing the competitive grant applications and recommending awards for the nonprofit grant program to the full Council. Their term would be extended until this task is complete, anticipated to be October 22, 2024.
3. Staff will work with the HSP Ad Hoc Committee to review and rank applications using the attached ranking sheet (Attachment 2). The Ad Hoc Committee’s funding recommendations will be presented to Council on or about October 22, 2024.
When the RFP is released, staff will publish it online and provide notification to service providers using a distribution list containing 228 organizations (Attachment 3).
The following schedule will be followed as closely as feasible:
City Council Agenda Report
Agenda Item No. 5.a
August 13, 2024
Financial Impact
The City allocated $5.4 million of one-time funding (Project 2594: ARPA and Measure V) to support addressing the needs of and the impacts from Concord’s unsheltered population. The City spent approximately $200,000 in preparing the Homeless Strategic Plan, leaving approximately $5.2 million of these funds as unallocated. Council has clearly stated multiple times at public meetings that implementation of the HSP program is restricted to this available one-time funding and any possible future grant amounts the City receives.
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. Additionally, the Homeless Strategic Plan Working Group and interested party list were notified of the discussion.
Attachments
1. Request for Proposals
2. Application Ranking Sheet
3. Service Provider Distribution List
Request for
Proposals (RFP)
Release Date:
August 14, 2024
Contact: Leng Power, Community Services Manager
Email: [email protected]
Phone: 925-603-5838
Implementation of
Strategies in the Concord
Homeless Strategic Plan
Submittal Deadline:
September 13, 2024
Attachment 1
Introduction:
In 2023, the City of Concord began work on development of a Homeless Strategic Plan (Plan) to address the critical concern of homelessness in Concord. The Plan was accepted by Council on February 6, 2024. The Plan clarifies community goals and key strategies to strengthen and coordinate the City’s response to homelessness in alignment with regional efforts and partners. The City of Concord is releasing this Request for Proposals (RFP) seeking qualified organizations to implement the strategies contained in the Homeless Strategic Plan and an additional strategy for Permanent Supportive Motel Housing, as directed by City Council during their June 25 regular meeting.
Plan Vision Statement:
“The City of Concord Envisions a community where every person has a safe, affirming, and stable place to live. This vision endeavors to reduce homelessness through community involvement, collaboration with partner agencies (government and non-government), and enhanced services that are carried out in a dignified, compassionate, and equitable manner.”
Overview of Guidelines and Eligibility
The City of Concord will distribute $5 million of one-time, non-recurring funding to support strategy implementation. Per Council direction, $550K of the $5M is reserved to support the Permanent Supportive Motel Housing Strategy. $4,450,000 will be allocated among the remaining strategies. It is expected that most of these funds will be used for direct services for the unhoused community with a portion for oversight and administration.
Guidelines and Eligibility:
• Funding requests must align with the seven strategies outlined in this document. • Organizations must be organized and operated exclusively for tax-exempt purposes as set forth in Internal Revenue Code.
• Applicants may submit more than one application to request funding for multiple strategies.
• Only projects and programs that benefit Concord’s residents will be considered. • Applicants must demonstrate a proven track record of completing successful programs. • Applicants should be familiar with the Contra Costa homeless response system including the Homeless Management Information System (HMIS) and other performance measurement tools.
• Applicants should have knowledge of and experience in best practices in homelessness programming and services.
• Applicants must demonstrate the financial health of their organization, including providing a copy of their most current Form 990.
• All questions must be answered; incomplete applications will not be considered. • Applications must be submitted online; no other submission type will be accepted.
Selection Process:
1. Submissions will be reviewed to ensure completeness and applicant eligibility;
2. A City Council Ad Hoc Committee will review complete and eligible submissions and rank them using Council-adopted criteria;
3. The City Council Ad Hoc Committee will forward funding recommendations to the City Council for consideration and award;
4. Organizations must provide a listing of proposed milestones and a requested payment schedule; any requested startup costs will be released following completion of required documentation (e.g. verification of nonprofit status, provision of documentation).
RFP Schedule:
Date: Activity:
Wednesday, August 14, 2024 Release RFP
Tuesday, August 20, 2024 Optional Virtual Workshop
Wednesday, August 28, 2024 Final date for RFP questions to [email protected] Friday, September 13, 2024 Proposals due by 5pm
Friday, September 20, 2024 Applicant Presentations
Friday, October 4, 2024 Council Ad Hoc completes review Tuesday, October 22, 2024 City Council considers recommendations for award funding Scope of Services:
The intent of this RFP is to select and contract with qualified organizations that have the experience, capacity, and competencies to implement Plan strategies outlined on the following page and in the complete Homeless Strategic Plan. The scope of services the applicants should address in their responses should include:
• Outreach, Equity, and Inclusion- The City expects that programs demonstrate a commitment to equity and reflect diverse voices and insights from individuals who have varied experiences and backgrounds including those with lived experience. Programs should be person centered, trauma informed (e.g. substance abuse, mental illness conditions, homelessness. et.), and delivered in a culturally and linguistically competent manner.
• Evaluation- The applicant should have a system of tracking and evaluating program outcomes and deliverables. It will be important to collect and utilize data and system performance measures to assess goal attainment for progress reports and analysis of strategy.
• Budget Management and Sustainability- The applicant should demonstrate efficient and responsible fund management. The applicant should describe their plan to leverage city funds to increase the amount of money available to implement the strategies and for ongoing program operations and sustainability. Page 8 of 25 Plan Strategies:
Mobile Resource Unit: A mobile, decentralized resource unit shall provide services at three separate outreach locations once per week. The unit shall operate similar to the program in Martinez in partnership with Contra Costa County, John Muir, and other providers. The unit must have medical care, referrals, housing assistance, food assistance, showers and restrooms, and other services. The Mobile Resource Unit can operate independently or in partnership with other service providers.
Rapid Rehousing: Provision of rental assistance and supportive services to households experiencing homelessness. The program may be limited to short-term (up to 3 months) or medium term (4-24 months) assistance. The goal is to help persons who have recently become homeless to obtain housing quickly, increase self-sufficiency, and stay housed.
Scattered Site Interim Housing: Provision of housing using individual homes with a full suite of supportive services aimed at moving individuals into permanent housing.
Scattered Site Tiny Homes: Provision of “tiny” homes in small numbers across multiple areas with a full suite of supportive services aimed at moving individuals into permanent housing.
Tiny Homes must include kitchens and bathrooms. Rent for the tiny home (if any) would be based on the individual circumstances of the residents.
Centralized Tiny Homes: A group of tiny homes at one location with shared facilities such as restrooms, showers, dining area and a f
ull suite of supportive services aimed at moving
individuals into permanent housing.
Interim Motel Housing: Leasing a hotel property or a specific number of rooms at a hotel for interim housing. Meals and other ancillary services such as security must be included along with a full suite of supportive services aimed at moving individuals into permanent housing.
Permanent Supportive Motel Housing11: Leasing a hotel property or a specific number of rooms for permanent supportive housing. Meals and other ancillary services such as security must be included along with a full suite of supportive services aimed at moving individuals into an independent living style where feasible.
1 Permanent Supportive Motel Housing was not included in the City’s Homeless Strategic Plan. The strategy was included in this competitive grant opportunity at the direction of the City Council on June 25, 2024.
Application Information
The application contains nine key areas and corresponding questions. They are included below for reference . All applications must be submitted online here. Applications are due by 5 p.m. on September 13, 2024; late submissions will not be accepted.
Email questions to: [email protected]
1. Organization Information
• Agency name
• Address
• Primary contact and title
• Primary contact phone and email
• Confirmation that the organization is a registered nonprofit • Board of Directors roster and terms
2. Project/Program Information
• Provide a brief description of the project or program being proposed for strategy:
(select strategy from drop down menu when completing online) • Amount requested
• Minimum amount needed
• Estimated number of Concord residents to be served
• Estimated number of all persons to be served
3. Community Benefits
• Description of the specific population the project/program will benefit (e.g., chronic homeless seniors aged 55 and older, families with children, homeless veterans, etc.) • Description of where the targeted program participants currently reside, where the program will be operated, and any preconditions that may be imposed on program participants
• Description of how the project/program will address, help, or solve this need or issue; and description of how the project aligns with the goals outlined within the City’s Homeless Strategic Plan
4. Goals and Objectives
• Description of the anticipated measurable outcomes of the project/program • Description of the process for tracking and gathering outcome data for reporting purposes
5. Partnerships and Funding
• Description of any partnerships or subcontractors and the role they play in the project/ program
• Description of how the program would work if the full amount requested is not received • Explain if the project/program is a one-time event; if not, how it will remain sustainable after receipt of the grant funds including a description of expected future revenue and sources of revenue, etc.
6. Funding and Payment Schedule
• Provide a budget summary, the proposal milestones, and the frequency and amount of funding that is needed to achieve proposal goals and outcomes
7. Organizational Capacity
• Description of the current financial health of the organization and at what capacity the organization has been providing services or programs to Concord residents • Description of the organization’s experience and capacity to manage, implement, measure, and report on the project/program; include examples and data of successful, similar programs
8. Submitter Information
• Name and title of person submitting
• Phone and email address of person submitting
• Acknowledgment that this is one time funding that will not be renewed.
9. References
• Provide three (3) references from past clients or organizations that received similar services from
your agency. Provide contact name(s), company, address, telephone number(s), and email address(es). Also include description of services provided including contract amount and project start and end dates. The City of Concord reserves the right to contact any of the organizations or individuals listed.
City Data Services login information for applicants:
Username: ConHSP
Password: Con2024
Once applicants login, you will enter in your information and email address. Applicants will then receive an email with a customized login to access your application.
HOMELESS STRATEGIC PLAN
REQUEST FOR PROPOSAL RANKING SHEET
PTS. CATEGORY RATING
15 5 The requested funding amount is reasonable and appropriate for the project or program. 10 The project or program will have a significant and measurable positive impact on the Concord community and it aligns with the Homeless Strategic Plan.
20 10 The specific Concord population served by this program is clearly identified and in need of the project or program.
10 The information supplied demonstrates how this service/activity will address, help or solve the need or issue for the Concord community.
10 5 Program outcomes and successes are measurable and are clearly defined. 5 The processes for tracking and gathering outcome data is clear and understandable and instills confidence. 40 10 The organization collaborates and coordinates with community groups and other organizations in a manner that enhances services to Concord residents and/or businesses. 5 A complete description of costs are provided and are reasonable and understandable. 25 The applicant demonstrates an ability to remain fiscally sustainable beyond the one-time funding; or the ability to successfully complete a one-time project.
15 5 Applicant is an established and tenured organization, with a history of providing successful services to communities.
10 Applicant has the experience and ability to successfully carry out the proposed services or project goals in the projected time frame.
100 TOTAL
Application Screening - staff use only
Notes (issues, concerns, highlights, etc.):
COMMUNITY BENEFITS
GENERAL REVIEW
GOALS AND OBJECTIVES
PARTNERSHIPS AND FUNDING
ORGANIZATIONAL CAPACITY
All requested info
Yes No
Aligns with strategies
Yes No
Focus on Concord residents
Yes No
One-time funding acknowledgement
Yes No COMPLETE INCOMPLETE
Information for RFP Workshop scheduled for Tuesday August 20th at 11am via Zoom.
Join Zoom Meeting
https://cityofconcord.zoom.us/j/82633195310?pwd=24HLVdrEtbFbKY6y8YxGCRbT99EBZO.1 Meeting ID: 826 3319 5310
Passcode: 832587
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Find your local number: https://cityofconcord.zoom.us/u/kbfyjGxnM
HOMELESS STRATEGIC PLAN
REQUEST FOR PROPOSAL RANKING SHEET
PTS. CATEGORY RATING
15 5 The requested funding amount is reasonable and appropriate for the project or program. 10 The project or program will have a significant and measurable positive impact on the Concord community and it aligns with the Homeless Strategic Plan.
20 10 The specific Concord population served by this program is clearly identified and in need of the project or program.
10 The information supplied demonstrates how this service/activity will address, help or solve the need or issue for the Concord community.
10 5 Program outcomes and successes are measurable and are clearly defined. 5 The processes for tracking and gathering outcome data is clear and understandable and instills confidence. 40 10 The organization collaborates and coordinates with community groups and other organizations in a manner that enhances services to Concord residents and/or businesses. 5 A complete description of costs are provided and are reasonable and understandable. 25 The applicant demonstrates an ability to remain fiscally sustainable beyond the one-time funding; or the ability to successfully complete a one-time project.
15 5 Applicant is an established and tenured organization, with a history of providing successful services to communities.
10 Applicant has the experience and ability to successfully carry out the proposed services or project goals in the projected time frame.
100 TOTAL
Application Screening - staff use only
Notes (issues, concerns, highlights, etc.):
COMMUNITY BENEFITS
GENERAL REVIEW
GOALS AND OBJECTIVES
PARTNERSHIPS AND FUNDING
ORGANIZATIONAL CAPACITY
All requested info
Yes No
Aligns with strategies
Yes No
Focus on Concord residents
Yes No
One-time funding acknowledgement
Yes No COMPLETE INCOMPLETE
Attachment 2
Attachment 3
17 Reasons Center for Human Development Eden Housing
18 Reasons Centerforce Eden Housing
A Step Forward, Inc -Concord Child Abuse Treatment & Training Central County Child & Adolescent Services - CCHS Education materials in Farsi Adaptive Learning Center Centro Legal de la Raza EHSD
Afrocentric cultural development corporation Challenge Day Empowered Aging AJCC Concord Child Abuse Prevention Council Empowerment Program - Center for Human Development America's Job Center of California - EASTBAY Works Concord Child Abuse Prevention Council of Contra Costa County EMQ Families First Area de Habla Hispana del Norte de California - Bi-Bett Choice in Aging Family Justice Center Arthur Jean safe place Choice in Aging formerly Rehab Services of Northern CA First 5 Contra Costa Asset Building - Monument Impact CoCo San Sustainable Farm First Hope - CCHS Back On Track Expungements CoCoKids First Hope Program
Balance Financially Empowering You Cole House Food Bank of CC and Solano Counties Bay Area Community Resources Community Clinic Consortium Frederic Ozanam Center - Bi-Bett Corporation Bay Area Community Service Community Housing Development Corp (CHDC) Fresh Approach Bay Area Crisis Nursery Community Housing Development Corp. Front Porch and Covia Bay Area Legal Aid Community Violence Solutions (CVS) GROW Bay Area Legal Aid (Baylegal) Concord Child Care Center Healthy & Active Before 4 Bay Area Rescue Mission Concord Historical Society Healthy & Active Before 5 Bay Point Community All N One Concord Youth Center Home Match Contra Costa Behavior Treatment & Analysis, Inc Contra Costa College Homebase Berkeley Food & Housing Project Contra Costa County Homeless Action Coalition bi-bett Contra Costa County Health Services Hope Solution Bloom Workforce Development Inc Contra Costa County: Office of Education Hope680 Youth Homes Contra Costa Crisis Center Hospice of the East Bay BRIDGE Housing Contra Costa Food Bank House of Refuge 4 Life Brighter Beginnings Family Health Clinic Contra Costa Health Services Housing Authority of the County of Contra Costa Brighter-beginnings Contra Costa Office of Reentry and Justice Housing Consortium of the East Bay C.O.P.E. Family Support Center Contra Costa Senior Legal Services Housing Consortium of the East Bay CA Department of Corrections Contra Costa Small Business Development Center Humanity Way California Children's Services Contra Costa Youth Service Bureau Hume Center California Offender Program Services (COPS) Cooperative Extension, University of California Hume Center -Concord CAL-PEP COPE Family Center ICHANGE, Interfaith Council of Contra Costa County Caminar Court Appointed Special Advocates (CASA) Impact Justice Caminar Laurel Creek Delta Peers Impact Residential
Cancer Support Community Dentists on Wheels Independent Living Resource Center Caring Hands - John Muir Medical Center Diabetic Youth Foundation Independent Living Resources Catholic Charities of the East Bay Diablo Japanese American Club Independent living systems CC Kops for Kids District Rep of Karen Mitchoff Intensive Foster Care Services - We Care for Children CC: DCD Dogs 4 Diabetics Interfaith Council of Contra Costa County CCC Crisis Center EAH Housing Intrepid Ascent
CCC Mental Health Commission EAH Housing JFK University CCC of Education Youth Development Services Early Alert Canines John Muir Health CCH: H3 Earth Team Junior League of Oakland - East Bay
CCH: H3: CORE EBALDC KCCEB
CCHS: Healthcare for the Homeless ECHO Kidango
La Casa Ujima Recovery Residency Rainbow Community Center Women’s Cancer Resource Center La Clinica de la Raza RCF Connects Workforce Development Board Call Center La Concordia Multicultural Wellness Center REadingADvantage, Inc. Yellow Roof Foundation La Concordia Wellness Center Recovery Management Services La Familia Reentry Succes Center (Rubicon)
Lao Family Community Development, Inc. Relay For Life American Cancer Society Lifelong Medical Care RES Success
Lincoln Families Resources for Community Development (RCD) Lions Center for the Visually Impaired Resources for Community Development (RCD) Loaves and Fishes RichmondBuild
Love-A-Child Missions Root & Rebound
Lutheran Social Services of Northern California RotaCare Bay Area Lutheran Support Services of Northern California RR Ministries Lynn Center Early Intervention Services Birth to Six RYSE Youth Center Make it Home Satellite Affordable Housing Associates
Martinez Adult Education Satellite Affordable Housing Associates (SAHA) MDUSD-Cares After School Program Seven Stars Baptist Church - Midnight Basketball Program Meals on Wheels Diablo Region SHARE Communtiy
Meals on Wheels of Contra Costa, Inc. Share Pantry Program Men & Women of Purpose Shepherd's Gate
Mercy Housing Society of St. Vincent de Paul of Contra Costa Cou Mercy Housing California St. Mary Medical Center Foundation META Housing St. Vincent de Paul of Contra Costa County Mobile Response Team - Seneca Family of Agencies STAND! For Families Free of Violence Mobility Matters Sweet Beginnings Family Resource Center Monument Crisis Center The Bay Church
Monument Impact The Food Bank of Contra Costa and Solano Mt. Diablo Center for Adult Day Health Care The Respite Inn Mt. Diablo Community Child Care Therapeutic Residential Services, Inc. (TRS) Mt. Diablo Unitarian Universalist Church Trinity Center of Walnut Creek Multi-Faith ACTION Coalition Tri-Valley Seek and Save
NAMI Contra Costa Ujima Central Mothers' Program
Narika United Latino Voices
New Horizonscdc.com Unitek College
New way Services Unity Council
Novin Development Temple Bread
Operation Access USA Properties Fund
Opportunity Junction Veteran's Accession House
Options Health Way 2 Love Inc
Pediatric Behavioral Management Clinic We Care Services for Children People Who Care Welcome Home Baby - Aspiranet
Planned Parenthood West Contra Costa Unified School District Pleasant Hill Senior Center WestCare Foundation
Pueblos del Sol - Bi-Bett Corporation White Pony Express Free General Store Putnam Clubhouse Winter Nights Family Shelter Inc
Pallet Homes
Ad Hoc Recommendation:
Homeless Strategic Plan
Competitive Grant Program
Leng Power
Community Services Manager
August 13, 2024
1
Background
2 •Homeless Strategic Plan
• Accepted February 6, 2024
• Six core strategies and Council adopted seventh strategy • $5.2 million of ARPA and Measure V funds available for implementation •Ad Hoc Committee
• Formed June 11, 2024 (Aliano and Hoffmeister)
• Develop approach for HSP competitive grant process
Strategies
1. Mobile Resource Unit
2.Rapid Rehousing
3. Scattered Site Interim Housing
4. Centralized Interim Tiny Homes
5. Scattered Site Tiny Homes
6. Motel Interim Housing
7. Permanent Supportive Motel Housing
3
Ad Hoc Recommendations
4 •Utilize an RFP process similar to the ARPA non-profit grants •Council Ad Hoc Committee to review/rank proposals
•The $5.2 million to be used as follows:
- $200k retained for administration
- $550k dedicated to permanent motel housing (Council dir.) - $4.45 million for remaining six strategies
Recommended
Ranking Criteria
• Proposals will be scored
using criteria in ranking
sheet
• Qualified agencies may
submit proposals for
more than one strategy
• Focus is on serving
Concord residents,
partnerships, and
proposal sustainability
5
Proposed
Schedule of
Events
6 Date Event
August 14, 2024 Release Request for Proposal
August 20, 2024 Optional Virtual Workshop
August 28, 2024 Deadline to submit RFP questions
September 13,
2024
Proposals due
September 20,
2024
Applicant Presentations
October 4, 2024 Ad Hoc Committee completes review
October 22, 2024 City Council considers funding
recommendations
Recommended Action/Next Steps
7 1. Open and announce the attached RFP for $5 million
2. Agendize expansion and extension of existing Ad Hoc, or create new, to rank/recommend proposals for award
- Ad Hoc will score proposals using the attached ranking sheet and will recommend awards to full City Council on or about October 22, 2024
Council
Questions
8
From: Judith Herman <[email protected]>
Sent: Tuesday, August 13, 2024 12:44 PM
To: City Clerk <[email protected]>
Subject: Agenda item 5a
Dear City Council,
After the long process of developing a strategic plan led by Council member Birsan and Councilmember Nakamura and worked on by many of my fellow citizens, I am thrilled to see that we are finally at the point of issuing a Request for Proposals. I recognize that this council allotted these funds when they did not have to. I applaud their commitment to addressing the needs of the unhoused.
While I recognize the limitations of a five million dollar budget, I hope that the council is aware that dearth of real permanent housing leaves the plight of the unhoused essentially unchanged in the long run. Providing them temporary services and housing is better than not providing them anything at all, especially since the US Supreme Court and the Governor of California have criminalized the unhoused. But, the only thing that will make a dent into reducing the number of unhoused individuals is a real safety net, a just minimum wage, and real permanent supported housing, not "motel permanent supported housing. " I recognize that City Council does not have power in all of these areas and many of them will take years to reform. But, this does not have to be the last thing the City of Concord does for our unhoused neighbors.
Again thank you for your commitment so far. And I am hopeful that this is just a start and will lead to real solutions for the unhoused and a more just housing market.
Sincerely,
Judith Herman, Ph.D.
Agenda Item No. 5.a
Benched Correspondence
August 13, 2024
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Michael Hart, Associate Planner
[email protected]
(925) 671-5821
Subject: Introduce an Ordinance amending Concord Municipal Code, Title 18 (Development Code) Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023- 2031 Housing Element, by reading of the title only and waiving further reading. (Housing Element Program 22.6); (PL23176 – MC).
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).
Report in Brief
The State legislature has recently adopted various laws to promote development of supportive housing, low barrier navigation centers, and emergency shelters to help address the needs of California’s unhoused population. Additionally, the 2023-2031 Housing Element contains programs to address the needs of the City’s unsheltered
6.a6.a6.a6.a6.a6.a6.a6.a6.a6.a6.a6.a6.a
City Council Agenda Report
Agenda Item No. 6.a
August 13, 2024
population.1 The proposed amendments are necessary to bring the City into conformance with state law and to implement the 2023-2031 Housing Element.
Recommended Action
Introduce an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter
18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023-2031 Housing Element, by reading of the title only and waiving further reading. (Housing Element Program 22.6); (PL23176 - MC) (Attachment 1).
Background
Recently adopted state laws limit the City’s discretion when considering certain development for supportive housing, low barrier navigation centers, and emergency shelters, allowing these uses by right, if certain criteria are met. Amendments to the Concord Municipal Code (CMC) are needed to comply with state law, including the following:
Assembly Bill (AB) 101 (2019)2
This bill requires local governments to allow Low Barrier Navigation Centers by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. The definition of a Low Barrier Navigation Center is housing first, low-barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low barrier includes best practices to entry, such as allowing partners, pets, storage, and privacy.
To qualify for a by right approval (i.e. City cannot require a discretionary review of approval) a Low Barrier Navigation Center must meet the following requirements:
Provides services to connect people to permanent housing. Uses a coordinated entry system, which is a platform to coordinate program participant intake, assessment, and referrals.
Complies with the Housing First requirements within the Welfare and Institutions Code Section 8255 et seq.
1 The City adopted its 2023-2031 HEU on August 22, 2023 and it was certified by the California Department of Housing and Community Development (HCD) on October 23, 2023. 2 Government Code Section 65660 et seq.
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Has a system to enter information regarding client stays, demographics, income, and exit destination through the local Homeless Management Information System.
Any applications meeting the requirements of a Low Barrier Navigation Center must be reviewed and acted on by City staff within 30 days of receipt and within 60 days of a completed application.
AB 139 (2019) Emergency and Transitional Housing Act of 20193 This legislation limits the objective management and development standards that a local government can establish for emergency homeless shelters, including the following:
The maximum number of beds or persons permitted to be served nightly by the facility.
Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. The size and location of exterior and interior onsite waiting and client intake areas.
The provision of onsite management.
The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
The length of stay.
Lighting.
Security during hours that the emergency shelter is in operation.
AB 2162 (2018)4
This bill requires local governments to allow Supportive Housing by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets the following requirements:5
Units within the development are subject to a recorded affordability restriction for 55 years.
3 California Government Code 65583
4 California Government Code 65650 et seq.
5 “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
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100 percent of the units, excluding managers’ units, are dedicated to lower- income households and are receiving public funding to ensure affordability of the housing to lower income Californians.6
At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.
The developer provides the entity that will provide supportive services and the proposed funding source for the supportive services.
Nonresidential floor area shall be provided for onsite supportive services in the following amounts:
o For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
o For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
Any applications meeting the requirements of Supportive Housing must be reviewed and acted on by City staff within 30 days of receipt and within 60 days of a completed application for a project with 50 or fewer units, or within 120 days for a project with more than 50 units.
If a development for a Low Barrier Navigation Center, Emergency Shelter or Homeless Shelter, or Supportive Housing does not meet the criteria in the applicable state law or Concord Municipal Code, it may still be allowed in the applicable zoning district subject to the discretionary review and approval of a Use Permit.
2023-2031 Housing Element Implementation
To address the aforementioned bills, Program 22.6 was incorporated into the 2023- 2031 Housing Element, which requires the following:
(a): Simplify the regulations for emergency shelters, including distancing and proximity to transit requirements, maximum bed count, and other facility 6 “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
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requirements, and ensure that staff parking is calculated based on the demonstrated demand;
(b): Ensure that Emergency Shelters, Single Room Occupancy (SRO) uses, and Group Housing are not subject to a discretionary Design and Site Review process.7
(c): Allow supportive housing by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, consistent with California Government Code Section 65651; (d): Allow Low-Barrier Navigation Centers by-right in mixed-use and non- residential zones that permit residential uses.
The proposed amendments within the Discussion and Analysis section below would ensure the City is in conformance with state law and will fully implement Program 22.6 of the 2023-2031 Housing Element.
Stakeholder Outreach
On May 15, 2024, the City hosted a stakeholder meeting to discuss the proposed ordinance updates with service providers. Attendees to this meeting included members from Base Camps, Contra Costa Health, Insight Housing, Trinity Center, Monument Crisis Center, Contra Costa Crisis Center, Contra Costa County Employment and Human Services, Mount Diablo Unified School District, and the Homecoming Project.
The attendees expressed concerns regarding the security guard requirement for emergency homeless shelters, stating that it was not always the best practice to have security present (particularly in terms of de-escalation) and that the hiring of a full-time security guard would be cost prohibitive. In practice, they have found that having a good relationship with the Concord Police Department a more functional solution than an on- site security guard.
Planning Commission Meeting
On July 17, 2024, the Planning Commission (“Commission”) approved a Resolution recommending the City Council adopt an Ordinance approving the amendments (5-0 vote; AYES: Mizutani, Laub, Barbour, Corio, Kaushal). The Commissioners were receptive to the proposed amendments, discussing the need for these types of uses to address the needs of the City’s unhoused population. Additionally, the Commission were in favor of requiring a Use Permit for facilities that did not meet the requirements in the applicable Government Code sections, stating that it allows a discretionary pathway for City consideration of facilities that would otherwise not be able to be established.
While the Commission’s recommendation included allowing “Low Barrier Navigation Center” in the Medium and High Residential districts, this was actually more expansive 7 This program was implemented under an ordinance containing Concord Municipal Code amendments related to housing acceleration, which was adopted by City Council on October 3, 2023.
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than required by state law and did not meet the intent of the Commission’s recommendation. “Low Barrier Navigation Center” has been removed from the Medium and High Density Residential use tables to be alignment with the intent of the Commission’s recommendation, which was to be in conformance with state law and to not be more expansive.
Analysis
The proposed amendments would amend nine chapters within the CMC (CMC Chapters 18.20, 18.30, 18.35, 18.40, 18.45, 18.50, 18.55, 18.60, and 18.200). The purpose of these chapters, an overview of the amendments, and in-depth discussion on specific amendments is provided below.
CMC Chapter 18.20 (General Terms), Exhibit A to Attachment 1. This chapter contains the definitions and land use classifications relevant to the entirety of the Development Code. Amendments are necessary and require additions and changes to the definitions and use classifications for consistency with state law.
The proposed changes are to amend the following use classifications (CMC Section
18.20.020) as follows:
“Emergency shelter” or “homeless shelter” shall have the same meaning as defined in California State Health and Safety Code Section 50801. This includes, but is not limited to, facilities that provide temporary housing, meals, showers, and other related services to persons who are homeless and where on-site supervision is provided whenever the shelter is occupied, operated by a public or nonprofit agency. Specialized programs and services related to the needs of the residents may also be provided. This classification shall include other interim interventions, including, but not limited to, low barrier navigation centers as defined below, bridge housing, and respite or recuperative care, provided that the maximum length of stay and services for such interventions shall be determined by the project’s funding source. This classification does not include emergency shelters set up for disaster relief which are allowed in any zoning district or group homes that provide accommodations for a longer term. (See “Group housing” under “Residential Facility.”)
“Low Barrier Navigation Center” has the same meaning as defined in Government Code Section 65660.
“Supportive housing” shall have the same meaning as defined in California Health and Safety Code Section 50675.14.
The proposed changes also either add or amend the following definitions (CMC Section
18.20.030):
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“Emergency shelter” shall have the same meaning as defined by California Health and Safety Code Section 50801.
“Supportive Services” shall have the same meaning as defined by California Government Code Section 65582.
“Target population” shall have the same meaning as defined by California Health and Safety Code Section 50675.14.8
Due to frequent changes in state law, staff is proposing relying on the definitions within the California Government Code to ensure the City’s regulations are the most up to date.
Use Tables, CMC Chapters 18.30, 18.35, 18.40, 18.45, 18.50, 18.55, and 18.60 These chapters establish the allowable uses and development standards for all zoning districts in the City, which are grouped in chapters in the CMC by land use type (i.e. residential districts, office and commercial districts). These proposed changes are to implement AB 101 and 2162. Some of the proposed amendments occur in all zoning districts, which are bulleted below, which is then followed by the unique amendments proposed for the land use table in each zoning district:
Add “Low Barrier Navigation Center” to all use tables; Add reference to California Government Code Section 65660 et seq. under “Additional Requirements” for “Low Barrier Navigation Center”; Remove distinction between “Multifamily” and “Single-Family” “Supportive Housing”; and
Add a reference to California Government Code Section 65650 et seq. under “Additional Requirements” for “Supportive Housing”.
CMC Chapter 18.30 (Residential Districts), Exhibit B to Attachment 1. This chapter establishes the allowable uses and development standards for all residential zoning districts.
Table 18.30.020 – Residential districts – Allowed uses and permit requirements.
Allow “Supportive Housing” by ZC in the RM and RH districts. Added Use Permit requirement in RM and RH zoning districts and a corresponding footnote for “Low Barrier Navigation Center” and 8 “Target population” means persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code.
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“Supportive Housing” uses that do not meet applicable Government Code provisions.
CMC Chapter 18.35 (North Todos Santos district), Exhibit C to Attachment 1. This chapter establishes the allowable uses and development standards for the North Todos Santos district.
Table 18.35.020 – North Todos Santos district – Allowed uses and permit requirements.
Allow “Low Barrier Navigation Center” by ZC in this district”. Allow “Supportive Housing” by ZC in this district.
Added Use Permit requirement in the district and a corresponding footnote requiring a Use Permit for “Low Barrier Navigation Center” and “Supportive Housing” uses that do not meet applicable Government Code provisions.
CMC Chapter 18.40 (Office and Commercial Districts), Exhibit D to Attachment 1.
This chapter established the allowable uses and development standards for the office and commercial districts.
Table 18.40.020 – Office and Commercial Districts – Allowed uses and permit requirements.
Allow “Low Barrier Navigation Center” by ZC in the CO (Commercial Office), CMX (Commercial Mixed Use), and NC (Neighborhood Commercial) districts.
Allow “Supportive Housing” by ZC in the CO, CMX, and NC districts. Added Use Permit requirement in the CO, CMX, and NC districts and a corresponding footnote requiring a Use Permit for “Low Barrier Navigation Center” and “Supportive Housing” uses that do not meet applicable Government Code provisions.
CMC Chapter 18.45 (Downtown Districts), Exhibit E to Attachment 1. This chapter establishes the allowable uses and development standards for the downtown districts.
Table 18.45.020 – Downtown Districts – Allowed uses and permit requirements. Allow “Low Barrier Navigation Center” by ZC in DP (Downtown Pedestrian), DMX (Downtown Mixed Use), and WMX (West Concord Mixed Use) districts.
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Allow “Supportive Housing” by ZC in DP, DMX, and WMX districts. Added Use Permit requirement in the DP, DMX, and WMX districts and a corresponding footnote requiring a Use Permit for “Low Barrier Navigation Center” and “Supportive Housing” uses that do not meet applicable Government Code provisions.
CMC Chapter 18.50 (Business Park and Industrial Districts), Exhibit F to Attachment
1. This chapter establishes the allowable uses and development standards for the business park and industrial districts.
Table 18.50.020 – Business Park and Industrial Districts – Allowed uses and permit requirements.
Allow “Low Barrier Navigation Center” by ZC in the IMX (Industrial Mixed Use) district.
“Supportive Housing” is not allowed in these districts and no changes are proposed.
Added a Use Permit requirement in the OBP, IBP, and IMX districts and corresponding footnote requiring a Use Permit for an “Emergency, Homeless Shelter” that does not meet the requirements of CDC
18.200.070.
Added a Use Permit requirement in the IMX district and corresponding footnote requiring a Use Permit for a “Low Barrier Navigation Center” use that does not meet applicable Government Code provisions.
CMC Chapter 18.55 (Public/Quasi-public District), Exhibit G to Attachment 1. This chapter establishes the allowable uses and development standards for the Public/Quasi-Public District.
Table 18.55.020 – Public/Quasi-public District – Allowed uses and permit requirements.
“Low Barrier Navigation Center” and “Supportive Housing” are not allowed in this district.
CMC Chapter 18.60 (Community Lands District), Exhibit H to Attachment 1. This chapter establishes the allowable uses and development standards for the community lands districts.
Table 18.60.020 – Community Lands District – Allowed uses and permit requirements.
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“Low Barrier Navigation Center” and “Supportive Housing” are not allowed in these districts.
CMC Chapter 18.200.070 (Standards for Specific Uses – Emergency and Homeless Shelters), Exhibit I to Attachment 1. This chapter establishes the Development Code standards for specific use types, including accessory structures, accessory dwelling units, child day care facilities, and emergency shelters. The amendments proposed to this section are to bring this ordinance in compliance with the objective management and development standards limited by AB 139.
The proposed amendments to CMC Section 18.200.070 simplify and bring the requirements relating to emergency shelters into conformance with state law. The proposed amendments include the following:
Change the location requirements to only require a minimum separation of 300 feet from another Emergency Homeless Shelter and elimination of distance requirements from residential districts, schools, libraries, and parks. Eliminate the need for transit accessibility.
Reduce the maximum bed count from 75 to 25. This reduction is proposed due to the elimination of many of the locational requirements, allowing for more areas where shelters could be developed.
Bolster and implement new facility requirements as allowed under Government Code Section 65583 for waiting areas, onsite staffing requirements, security, lighting, storage requirements, smoking areas, bathroom and bathing requirements, and litter and graffiti removal requirements.
Parking requirements were reviewed, and it was determined that the existing emergency shelter parking requirement of one space/employee at maximum shift complies with the state’s parking requirements.
Due to the number of changes in this section a clean version of the proposed edits has been provided as Attachment 2.
Development Code Amendment Findings
Pursuant to CMC Section 18.455.070, a Development Code amendment may be approved only if all the applicable findings are made. Staff’s analysis on how the project meets each finding is set forth below:
1) The proposed amendment is consistent with the general plan;
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The proposed amendments consist of updates to chapters within the Development Code in order to implement state law and the 2023–2031 Housing Element and are in conformance with the General Plan by promoting the expansion of housing opportunities for all groups with special housing needs, such as supportive housing, emergency shelters, and low-barrier navigation centers. The proposed amendments are also internally consistent with all other provisions and elements of the General Plan.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and
To further assist California’s unhoused population, the State has adopted laws to accelerate development for emergency shelters, supportive housing, and low- barrier navigation centers. The proposed amendments would implement state law in addition to the 2023-2031 Housing Element. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendments will serve the City’s public interest by facilitating and streamlining the review of special needs housing projects that will provide assistance to the City of Concord’s unhoused population. In the event the City has discretion on projects facilitated by the proposed amendments, the City will evaluate the projects against applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the city.
3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.
This amendment does not include any amendments to the zoning map.
Financial Impact
These amendments will have a negligible financial impact to the City.
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 Development Code amendments do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or 15378 because it has not potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if the Development Code amendments did constitute a project under CEQA, the amendments fall within the “common sense” exemption set forth in 14 Cal.
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Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment….” Therefore, the proposed amendments do not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.
Public Contact
The City Council Agenda was posted at City Hall and on the City’s website at least 10 days prior to the public hearing. Notification was published in the East Bay Times, as required by state law and the Concord Municipal Code. Additionally, notice has been provided to all interested parties, the service providers invited to participate in the outreach meeting, and all individuals on the housing interested parties list.
Attachments
1. Ordinance
Exhibit A – Proposed Amendments to Chapter 18.20 (General Terms) Exhibit B – Proposed Amendments to Chapter 18.30 (Residential Districts) Exhibit C – Proposed Amendments to Chapter 18.35 (North Todos Santos District)
Exhibit D – Proposed Amendments to Chapter 18.40 (Office and Commercial Districts)
Exhibit E – Proposed Amendments to Chapter 18.45 (Downtown Districts) Exhibit F – Proposed Amendments to Chapter 18.50 (Business Park and Industrial Districts)
Exhibit G – Proposed Amendments to Chapter 18.55 (Public/Quasi-public District)
Exhibit H – Proposed Amendments to Chapter 18.60 (Community Lands District)
Exhibit I – Proposed Amendments to Chapter 18.200 (Standards for Specific Uses)
2. Clean Version of Amendments to CMC Title 18 (Development Code), Chapter
18.200 (Standards for Specific Uses)
Ord. No. 24-XX 1
ORDINANCE NO. 24-XX
AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE, TITLE
18 (DEVELOPMENT CODE), CHAPTER 18.20 (GENERAL TERMS),
CHAPTER 18.30 (RESIDENTIAL DISTRICTS), CHAPTER 18.35 (NORTH TODOS SANTOS DISTRICT), CHAPTER 18.40 (OFFICE AND
COMMERCIAL DISTRICTS), CHAPTER 18.45 (DOWNTOWN
DISTRICTS), CHAPTER 18.50 (BUSINESS PARK AND INDUSTRIAL DISTRICTS), CHAPTER 18.55 (PUBLIC/QUASI-PUBLIC DISTRICT), CHAPTER 18.60 (COMMUNITY LAND DISTRICTS), AND CHAPTER
18.200 (STANDARDS FOR SPECIFIC USES)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, the State of California Legislature has found and declared the availability of housing is a statewide concern and priority; and
WHEREAS, the State of California has found that local governments have a responsibility to facilitate the development of housing for all economic segments of the community (Government Code 65580(d)); and
WHEREAS, to facilitate the development of supportive housing, low barrier navigation centers, and emergency shelters, the State of California has enacted Assembly Bills 101 (2019), 139 (2019), and 2162 (2018) to, among other things, allow low barrier navigation centers by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, limit the objective management and development standards that a local government can establish for emergency homeless shelters, and allow supportive housing by right in zones where multifamily and mixed uses are permitted; and WHEREAS, the City has adopted and the California Department of Housing and Community Development has certified a 2023-2031 Housing Element in compliance with state law that includes goals for providing a balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord, and promoting the expansion of housing opportunities for all groups with special housing needs; and Attachment 1
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WHEREAS, the 2023-2031 Housing Element includes goals to facilitate housing to meet the needs of all income groups residing or who wish to reside in Concord, including those experiencing homelessness. More specifically Program 22.6 includes facilitating low barrier navigation centers, supportive housing, and emergency shelters, to promote the expansion of housing opportunities for all groups, including those with special housing needs; and WHEREAS, the City finds that the housing supply shortage for persons with special housing needs is detrimental to the public health, safety, and welfare and that it is a public purpose of the City, and a public policy of the State of California, to make an adequate supply of housing available for persons with special housing needs; and
WHEREAS, amendments are proposed to the Concord Municipal Code, Title 18 (Development Code), including amendments to Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter
18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023-2031 Housing Element Program 22.6; and
WHEREAS, the Planning Commission, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on July 17, 2024, on the proposed amendments, received the staff report and staff presentation, received comments from the public and interested parties, and after closing the public comments portion discussed the matter (the “Planning Commission Information”); and
WHEREAS, on July 17, 2024, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, declared their intent to recommend approval of the subject proposal.; and
WHEREAS, following the July 17, 2024 public hearing, the Planning Commission adopted
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Resolution No. 24-10 PC recommending City Council approval of an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses), as contained in Exhibits A, B, C, D, E, F, G, H, and I, respectively; and
WHEREAS, the City Council, after giving all public notices required by state law and the Municipal Code, held a duly noticed public hearing on August 13, 2024, to consider this Ordinance; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments and at the public hearing, the oral report from City staff, the written report from City staff dated August 13, 2024, attached materials, exhibits presented, the Planning Commission Information, and all other information that constitutes the record of proceedings relating to the proposed Ordinance, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:
Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. The City Council has reviewed, considered, and evaluated all of the Planning Commission Information, City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.
Section 3. The documents and other materials that constitute the record of proceedings upon
Ord. No. 24-XX 4
which the City Council has based its decision are located in an may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.
Section 4. CEQA
The City Council finds that the proposed Municipal Code amendments are exempt from CEQA pursuant to Public Resources Code 21065 and CEQA Guidelines Section 15060(c)(2) or 15378 in that they do not constitute a “project” as defined by CEQA since they do not have the potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
If the Ordinance did constitute a “project” under CEQA, the Ordinance falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding project where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed Municipal Code amendments do not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.
Section 5. Development Code Amendment Findings
1) The proposed amendment is consistent with the general plan.
The proposed amendments consist of updates to chapters within the Development Code in order to implement state law and the 2023–2031 Housing Element and are in conformance with the General Plan by promoting the expansion of housing opportunities for all groups with special housing needs, such as supportive housing, emergency shelters, and low- barrier navigation centers. The proposed amendments are also internally consistent with all other provisions and elements of the General Plan.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
To further assist California’s unhoused population, the State has adopted laws to accelerate
Ord. No. 24-XX 5
development for emergency shelters, supportive housing, and low-barrier navigation centers. The proposed amendments would implement state law in addition to the 2023-2031 Housing Element. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendments will serve the City’s public interest by facilitating and streamlining the review of special needs housing projects that will assist the City of Concord’s unhoused population. In the event the City has discretion on projects facilitated by the proposed amendments, the City will evaluate the projects against applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the city. 3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.
These amendments do not include any amendments to the zoning map.
Section 6. The City Council does hereby pass and adopt this Ordinance No. 24-XX.
Section 7. Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) are hereby amended, as set forth in Exhibits A, B, C, D ,E ,F, G, H and I, respectively and attached here to and made a part hereof.
Section 8. This Ordinance No. 24-XX shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption,
Ord. No. 24-XX 6
including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. __________________________________
Edi E. Birsan
Mayor
ATTEST:
Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 24-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 13, 2024, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on ______________by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
Joelle Fockler, MMC
City Clerk
7 Ord. No. 24-XX 7
Attachments:
Exhibit A: CMC Chapter 18.20 (General Terms)
Exhibit B: CMC Chapter 18.30 (Residential Districts)
Exhibit C: CMC Chapter 18.35 (North Todos Santos District) Exhibit D: CMC Chapter 18.40 (Office and Commercial Districts) Exhibit E: CMC Chapter 18.45 (Downtown Districts)
Exhibit F: CMC Chapter 18.50 (Business and Industrial Districts) Exhibit G: CMC Chapter 18.55 (Public/Quasi-Public District) Exhibit H: CMC Chapter 18.60 (Community Land Districts) Exhibit I: CMC Chapter 18.200 (Standards for Specific Uses)
Chapter 18.20
GENERAL TERMS
Sections:
Article I. Use Classifications
18.20.010 Purpose and applicability.
18.20.020 Use classifications.
Article II. Definitions
18.20.030 Definitions.
Article I. Use Classifications
18.20.020 Use classifications.
Emergency, Homeless Shelter.
For the purposes of this section, an “eEmergency shelter” or “homeless shelter” has shall have the same meaning as defined in Section 50801 of the California State Health and Safety Code. (“(e) “Emergency shelters” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.”) This includes, but is not limited to, facilities that provide temporary housing, meals, showers, and other related services to persons who are homeless and where on-site supervision is provided whenever the shelter is occupied, operated by a public or nonprofit agency. Specialized programs and services related to the needs of the residents may also be provided. This classification shall include other interim interventions, including, but not limited to, low barrier navigation centers as defined below, bridge housing, and respite or recuperative care, provided that the maximum length of stay and services for such interventions shall be determined by the project’s funding source. This classification does not include emergency shelters set up for disaster relief which are allowed in any zoning district or group homes that provide accommodations for a longer term. (See “Group housing” under “Residential Facility.”) “Low Barrier Navigation Center” has the same meaning as defined in Government Code Section 65660. “Supportive housing” shall have the same meaning as defined in Sections 50675.2 and 50675.14 of the California Health and Safety Code [for projects receiving applicable State funding] or Section 65582 of the California Government Code. means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
A. Single-Family. Supportive housing established within a detached or attached building located on an individual lot that is primarily designed for occupancy by one family.
B. Multifamily. Supportive housing established within a structure containing more than one dwelling unit sharing common walls or otherwise attached, including triplexes, fourplexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments. Units may be entered from the exterior, or from a courtyard or interior hallway.
Article II. Definitions
18.20.030 Definitions.
“Emergency shelter” means as defined by California Health and Safety Code Section 50801(e). “Emergency shelter” is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
“Supportive Services” shall have the same meaning as defined in Section 65582 of the California Government Code.
Exhibit A to Attachment 1
Concord Municipal Code
Chapter 18.20 GENERAL TERMS
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023. “Target population” shall have the same meaning as defined in Section 50675.14 of the California Health and Safety Code [for projects receiving applicable State funding] or Section 65582 of the California Government Code. means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
18.30.020 Table 18.30.020 – Residential districts – Allowed uses and permit requirements.
Table 18.30.020 identifies the uses allowed by the development code in each residential zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications
RR RS RL RM RH
Additional Requirements
Residential Uses
Bed and Breakfast Inn UP UP UP UP UP
Dwelling, Dwelling Units, Housing Units
Single-Family, Detached ZC ZC ZC – –
Single-Family, Detached
– Small Lot Subdivision
– UP UP UP –
Single-Family, Attached – UP ZC ZC ZC
Duplex – – AP ZC –
Multifamily – – – ZC ZC
Family Day Care Home, Small ZC ZC ZC ZC ZC CDC 18.200.050, Child day care facilities
Family Day Care Home, Large AP MP AP AP AP CDC 18.200.050, Child day care facilities
Group Housing – – – UP UP
Home-Based Business AP AP AP AP AP CDC 18.200.100, Home-based businesses
Live/Work Unit – – UP UP UP CDC 18.200.110, Live/work or work/live units
Mixed-Use Project – – – – –
Mobile Home Park – – – UP UP
Residential Care Facility,
Small
ZC ZC ZC ZC ZC
Residential Care Facility,
Large
AP UP AP MP MP
Residential Facility for
Seniors, Assisted Living
– UP UP MP MP
Supportive Housing,
Multifamily
– – – ZC,UP(1) ZC,UP(1) Government Code Section 65650 et seq.
Supportive Housing, Single-
Family
ZC ZC ZC ZC ZC
Transitional Housing,
Multifamily
– – – ZC ZC
Exhibit B to Attachment 1
Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
RR RS RL RM RH
Transitional Housing, Single-
Family
ZC ZC ZC ZC ZC
Work/Live Unit – – – – – CDC 18.200.110, Live/work or
work/live units
Public/Quasi-Public and Recreational Uses
Airport – – – – –
Ambulance Service – – – – –
Cannabis Uses
Commercial Cultivation – – – – –
Distribution (Type 11) – – – – –
Distribution Transport
Only (Type 13)
– – – – –
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC ZC Up to six plants per residence, pursuant to state law
Industrial Hemp
Cultivation
– – – – –
Manufacturing – – – – –
Microbusiness – – – – –
Non-Storefront Retail – – – – –
Storefront Retail – – – – –
Testing Laboratory – – – – –
Cemetery, Columbarium,
Mausoleum
– – – – –
Conference, Convention
Facility
– – – – –
Cultural Institution – – – – UP
Emergency, Homeless Shelter – – – – – CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation
Center
– – – – – Government Code Section 65660 et
seq.
Farmers’ Market – – – – –
Funeral Parlor, Mortuary – – – – –
Government Office ZC
Heliport – – – – –
Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
RR RS RL RM RH
Library – – – – UP
Medical
Hospital, Medical Center – – – – –
Medical Services Facility – – – – –
Nursing
Facility/Extended Care
– – – UP MP
Urgent Care Facility – – – – –
Meeting Facility,
Public/Private
UP UP UP UP UP
Military – – – – –
Parking Facility – – – – MP
Public Maintenance and
Service Facility
– – – – –
Recreational Facilities
Bingo Hall – – – – –
Commercial Recreation,
Indoor
– – – – –
Golf Course, Country
Club
UP UP UP UP – CDC 18.200.130, Mechanical and
electronic games
Park and Recreation
Facility
ZC ZC ZC ZC ZC
Residential Recreation
Facility
ZC ZC ZC ZC ZC
Sports and Entertainment,
Assembly
– – – – – CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
– – – – – CDC 18.200.130, Mechanical and
electronic games
Recycling Facilities
Small Collection Facility – – – – – CDC 18.200.170 (Recycling facilities) Large Collection Facility – – – – – CDC 18.200.170 (Recycling facilities) Processing Facility – – – – – CDC 18.200.170 (Recycling facilities) Religious Facility UP UP UP UP UP
Schools
Elementary, Middle,
Secondary
UP UP UP UP UP
College, University – – – – –
Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
RR RS RL RM RH
Trade School, Vocational
Training
– – – – –
Social Services Facility – – – – –
Theater, Auditorium – – – – – CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers
UP UP UP UP UP
Wireless Communications
Facility
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
Chapters 18.205 and 18.207 CDC
(1) Use Permit required for any facility that does not meet the requirements outlined in the applicable Government Code sections.
18.35.020 Table 18.35.020 – North Todos Santos district – Allowed uses and permit requirements.
A. Applicability. Table 18.35.020 identifies the uses allowed in the NTS zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures).
Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.35.020
North Todos Santos District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Residential Uses
Bed and Breakfast Inn UP
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached ZC
Single-Family, Detached – Small Lot Subdivision UP
Single-Family, Attached ZC
Duplex ZC, MP
Multifamily MP, UP
Family Day Care Home, Small ZC CDC 18.200.050, Child day care facilities
Family Day Care Home, Large MP CDC 18.200.050, Child day care facilities
Group Housing UP
Home-Based Business AP CDC 18.200.100, Home-based
businesses
Live/Work Unit AP CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects MP
Mobile Home Park –
Residential Care Facility, Small ZC
Residential Care Facility, Large MP
Residential Facility for Seniors, Assisted Living UP
Supportive Housing, Multifamily MP, ZC, UP(3) Government Code Section 65650 et seq.
Supportive Housing, Single-Family ZC
Transitional Housing, Multifamily MP, UP
Transitional Housing, Single-Family ZC
Work/Live Unit AP CDC 18.200.110, Live/work or
work/live units
Exhibit C to Attachment 1
Concord Municipal Code Page 2/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.35.020
North Todos Santos District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Public/Quasi-Public and Recreational Uses
Airport –
Ambulance Service –
Cannabis Uses
Commercial Cultivation –
Distribution (Type 11) –
Distribution Transport Only (Type 13) –
Indoor Personal Cannabis Cultivation ZC Up to six plants per residence, pursuant to state law
Industrial Hemp Cultivation –
Manufacturing –
Microbusiness –
Non-Storefront Retail –
Storefront Retail –
Testing Laboratory –
Cemetery, Columbarium, Mausoleum –
Conference, Convention Facility –
Cultural Institution UP
Emergency and Homeless Shelter – CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation Center ZC, UP(3) Government Code Section 65660 et seq.
Farmers’ Market –
Funeral Parlor, Mortuary –
Government Office MP
Heliport –
Library –
Medical
Hospital, Medical Center –
Medical Services Facility AP, MP(2)
Nursing Facility/Extended Care UP
Concord Municipal Code Page 3/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.35.020
North Todos Santos District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Urgent Care Facility –
Meeting Facility, Public/Private –
Military –
Parking Facility –
Public Maintenance and Service Facility –
Recreational Facilities
Bingo Hall –
Commercial Recreation, Indoor –
Golf Course, Country Club – CDC 18.200.130, Mechanical and electronic games
Park and Recreation Facility ZC
Residential Recreation Facility UP
Sports and Entertainment, Assembly – CDC 18.200.080, Entertainment uses Sports and Recreation Facility – CDC 18.200.130, Mechanical and electronic games
Recycling Facilities
Small Collection Facility – CDC 18.200.170, Recycling facilities Large Collection Facility – CDC 18.200.170, Recycling facilities Processing Facility – CDC 18.200.170, Recycling facilities Religious Facility UP
Schools
Elementary, Middle, Secondary UP
College, University –
Trade School, Vocational Training –
Social Services Facility –
Theater, Auditorium – CDC 18.200.130, Mechanical and
electronic games
Utility Facility, Transmission Towers –
Wireless Communications Facility AP, MP or 6409 Chapters 18.205 and 18.207 CDC (1) Repealed by Ord. 21-2.
(2) Minor use permit required for the conversion of an existing residence to office space. (3) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code.
18.40.020 Table 18.40.020 – Office and commercial districts – Allowed uses and permit requirements.
A. Applicability. Table 18.40.020 identifies the uses allowed by the development code in each office and commercial zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications
CO CMX NC SC RC
Additional Requirements
Public/Quasi-Public and Recreational Uses
Airport – – – – –
Ambulance Service – UP – AP –
Cannabis Uses
Commercial Cultivation – – – – –
Distribution (Type 11) – – – – –
Distribution Transport
Only (Type 13)
– – – – –
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC ZC Up to six plants per residence, pursuant to state law
Industrial Hemp
Cultivation
– – – – –
Manufacturing – – – – –
Microbusiness – – – – –
Non-Storefront Retail – – – – –
Storefront Retail – – – – –
Testing Laboratory – – – – –
Cemetery, Columbarium,
Mausoleum
– – – – –
Conference, Convention
Facility
UP – – – UP
Cultural Institution – UP UP UP UP
Emergency and Homeless
Shelter
– – – – – CDC 18.200.070, Emergency and
homeless shelters
Low-Barrier Navigation Center ZC, UP(7) ZC, UP(7) ZC, UP(7) - - Government Code Section 65660 et seq.
Farmers’ Market – – UP UP UP
Funeral Parlor, Mortuary – – UP UP UP
Government Office ZC ZC ZC ZC ZC
Heliport – – – – –
Exhibit D to Attachment 1
Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
CO CMX NC SC RC
Library ZC ZC(2) ZC(2) ZC(2) ZC
Medical
Hospital, Medical Center – – – – –
Medical Services Facility AP – AP(2) AP(2) –
Nursing
Facility/Extended Care
– UP UP UP –
Urgent Care Facility AP AP(4) AP(2) AP AP
Meeting Facility,
Public/Private
UP UP UP UP UP
Military – – – – –
Parking Facility AP – AP AP AP
Public Maintenance and
Service Facility
– – – AP –
Recreational Facilities
Bingo Hall – – – – UP
Commercial Recreation,
Indoor
– AP(4) AP UP ZC
Golf Course, Country
Club
– – – – – CDC 18.200.130, Mechanical and
electronic games
Park and Recreation
Facility
– – – – –
Residential Recreation
Facility
– AP(5) – – –
Sports and Entertainment,
Assembly
– – UP – UP CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
– – UP – UP CDC 18.200.130, Mechanical and
electronic games
Recycling Facilities
Small Collection Facility – – AP AP AP CDC 18.200.170, Recycling facilities Large Collection Facility – – – UP – CDC 18.200.170, Recycling facilities Processing Facility – – – – – CDC 18.200.170, Recycling facilities Religious Facility UP UP UP – –
Schools
Elementary, Middle,
Secondary
– MP – – –
College, University – MP – – –
Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
CO CMX NC SC RC
Trade School, Vocational
Training
AP AP AP AP AP
Social Services Facility UP UP UP UP –
Theater, Auditorium – UP UP – UP CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers
– – ZC ZC ZC
Wireless Communications
Facility
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
Chapters 18.205 and 18.207 CDC
Residential Uses
Bed and Breakfast Inn – UP – – –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached ZC – – – –
Single-Family, Detached
– Small Lot Subdivision
UP UP – – –
Single-Family, Attached ZC ZC – – –
Duplex ZC ZC – – –
Multifamily UP UP UP(1) – –
Family Day Care Home, Small ZC(5) ZC(5) – – – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large MP(5) MP – – – CDC 18.200.050, Child day care facilities
Group Housing UP UP – – –
Home-Based Business – ZC(5) ZC(2) – – CDC 18.200.100, Home-based businesses
Live/Work Unit – ZC(5) – – – CDC 18.200.110, Live/work or work/live units
Mixed-Use Projects UP AP UP – –
Mobile Home Park – – – – –
Residential Care Facility,
Small
ZC(5) ZC(5) – – –
Residential Care Facility,
Large
– MP – – –
Residential Facility for
Seniors, Assisted Living
– UP UP – –
Supportive Housing,
Multifamily
ZC, UP(7) ZC, UP(7) ZC(1), UP(7) – – Government Code Section 65650 et seq.
Supportive Housing, Single-
Family
ZC ZC – – –
Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
CO CMX NC SC RC
Transitional Housing,
Multifamily
UP UP UP(1) – –
Transitional Housing, Single-
Family
ZC ZC – – –
Work/Live Unit – – – AP – CDC 18.200.110, Live/work or work/live units
(1) Not allowed on ground floor.
(2) Allowed to occupy up to 20 percent gross area of shopping center or multi-tenant building or 20 percent street frontage of one building. (3) No outdoor facilities, storage, or activities are allowed. (4) Requires a minimum lot size of 10,000 square feet. (5) Allowed with residential use only.
(6) A facility which exceeds 3,000 square feet.
(7) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code. [Ord. 21-2 § 5 (Exh. E); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. D); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 8); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. F); Ord. 15-8 § 3 (Exh. B); Ord. 14-6 §§ 3, 4; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-131].
18.45.020 Table 18.45.020 – Downtown districts – Allowed uses and permit requirements.
A. Applicability. Table 18.45.020 identifies the uses allowed by the development code in each downtown zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications
DP DMX WMX
Additional Requirements
Residential Uses
Bed and Breakfast Inn AP AP –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached – – –
Single-Family, Detached
– Small Lot Subdivision
– – –
Single-Family, Attached – – –
Duplex – – –
Multifamily UP UP –
Family Day Care Home, Small – – – CDC 18.200.050, Child day care facilities Family Day Care Home, Large – – – CDC 18.200.050, Child day care facilities Group Housing – UP –
Home-Based Business ZC(6) ZC(6) – CDC 18.200.100, Home-based businesses Live/Work Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units Mixed-Use Projects UP UP –-
Mobile Home Park – – –
Residential Care Facility,
Small
– ZC – Allowed within a legally existing single-family
residence.
Residential Care Facility,
Large
– UP – Allowed within a legally existing single-family
residence.
Residential Facility for
Seniors, Assisted Living
UP(6) UP –
Supportive Housing,
Multifamily
ZC, UP(10) ZC, UP(10) ZC, UP(10) Government Code Section 65650 et seq.
Supportive Housing, Single-
Family
– – –
Transitional Housing,
Multifamily
UP UP –
Transitional Housing, Single-
Family
– – –
Exhibit E to Attachment 1
Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
DP DMX WMX
Work/Live Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units
Public/Quasi-Public and Recreational Uses
Airport – – –
Ambulance Service – – –
Cannabis Uses
Commercial Cultivation – – –
Distribution (Type 11) – – –
Distribution Transport
Only (Type 13)
– AP AP Only allowed if a city cannabis distributor
transport only (Type 13) license has been
approved by the chief of police, pursuant to
Chapter 5.80 CMC in conjunction with a city
cannabis storefront retailer license.
Indoor Personal Cannabis
Cultivation
ZC ZC ZC Up to six plants per residence, pursuant to state law
Industrial Hemp
Cultivation
Manufacturing – – –
Microbusiness – – –
Non-Storefront Retail – – –
Storefront Retail – AP AP Only allowed if a city cannabis storefront retailer license has been issued by the city,
pursuant to Chapter 5.80 CMC.
Testing Laboratory – – –
Cemetery, Columbarium,
Mausoleum
– – –
Conference, Convention
Facility
– UP UP
Cultural Institution ZC ZC MP
Emergency and Homeless
Shelter
– – – CDC 18.200.070, Emergency and homeless
shelters
Low-Barrier Navigation
Center
ZC, UP(10) ZC, UP(10) ZC, UP(10) Government Code Section 65660 et seq.
Government Office ZC(8) ZC ZC
Farmers’ Market UP UP UP
Funeral Parlor, Mortuary – – UP
Heliport – – –
Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
DP DMX WMX
Library ZC(1) ZC ZC
Medical
Hospital, Medical Center – – –
Medical Services Facility – UP AP
Nursing
Facility/Extended Care
– UP –
Urgent Care Facility – – AP
Meeting Facility,
Public/Private
AP(1) AP AP
Military – – –
Parking Facility – AP AP
Public Maintenance and
Service Facility
– – –
Recreational Facilities
Bingo Hall – – UP
Commercial Recreation,
Indoor
AP AP AP
Golf Course, Country
Club
– – – CDC 18.200.130, Mechanical and electronic
games
Park and Recreation
Facility
ZC ZC ZC
Residential Recreation Facility – – –
Sports and Entertainment,
Assembly
– – – CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
– – UP CDC 18.200.130, Mechanical and electronic
games
Recycling Facilities
Small Collection Facility – – AP
Large Collection Facility – – –
Processing Facility – – –
CDC 18.200.170, Recycling facilities
Religious Facility – – UP
Schools
Elementary, Middle,
Secondary
UP(1, 9) UP UP
College, University AP(1, 9) AP AP
Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
DP DMX WMX
Trade School, Vocational
Training
AP(1, 9) AP AP
Social Services Facility UP(1, 2) MP/AP(4, 5) AP
Theater, Auditorium UP UP UP CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers
– – –
Wireless Communications
Facility
AP, MP or 6409 AP, MP or 6409 AP, MP or 6409 Chapters 18.205 and 18.207 CDC (1) Not allowed on ground floor.
(2) Allowed on upper floors subject to use permit approval. (3) “Personal Services, General” and “Bank, Credit Union” uses located on the ground floor shall not cumulatively occupy more than 20 percent of any street frontage properties directly facing Todos Santos Plaza. (4) Allowed on ground floor subject to a minor use permit approval. (5) Allowed on upper floors subject to an administrative permit approval. (6) Allowed with residential use only.
(7) A facility which exceeds 3,000 square feet.
(8) Not allowed on ground floor locations directly facing Todos Santos Plaza. (9) Not allowed on properties directly facing Todos Santos Plaza. (10) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code. [Ord. 21-5 (Exh. C); Ord. 21-3 § 8 (Exh. A); Ord. 21-2 § 5 (Exh. F); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. E); Ord. 18-3 § 7 (Exh. A); Ord. 17- 13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 6); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. G); Ord. 14-6 §§ 5, 6; Ord. 14-3 § 2; Ord. 12-5; Ord. 12-4.
DC 2012 § 122-154].
18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements.
A. Applicability. Table 18.50.020 identifies the uses allowed by the development code in each business park and industrial district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.50.020 – Business Park and Industrial Districts(7) Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications
OBP IBP IMX(7) HI
Additional Requirements
Residential Uses
Bed and Breakfast Inn – – – –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached – – – –
Single-Family, Detached
– Small Lot Subdivision
– – – –
Single-Family, Attached – – – –
Duplex – – – –
Multifamily – – – –
Family Day Care Home, Small – – ZC(5) – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large – – MP(5) – CDC 18.200.050, Child day care facilities
Group Housing – ZC ZC –
Home-Based Business – – ZC(5) – CDC 18.200.100, Home-based businesses
Live/Work Unit – – MP – CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects – – UP –
Mobile Home Park – – – –
Residential Care Facility,
Small
– – – –
Residential Care Facility,
Large
– – – –
Residential Facility for
Seniors, Assisted Living
– – – –
Supportive Housing,
Multifamily
– – – – Government Code Section 65650 et
seq.
Supportive Housing, Single-
Family
– – – –
Transitional Housing,
Multifamily
– – – –
Exhibit F to Attachment 1
Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.50.020 – Business Park and Industrial Districts(7) Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
OBP IBP IMX(7) HI
Transitional Housing, Single-
Family
– – – –
Work/Live Unit – – MP – CDC 18.200.110, Live/work or
work/live units
Public/Quasi-Public and Recreational Uses
Airport – – – –
Ambulance Service AP ZC ZC –
Cannabis Uses
Commercial Cultivation – – – –
Distribution (Type 11) AP AP – – Only allowed in the commercial cannabis overlay district (see Chapter
18.110 CDC) and if a city cannabis
distributor (Type 11) license has been
approved by the chief of police,
pursuant to Chapter 5.80 CMC.
Distribution Transport
Only (Type 13)
AP AP – – Only allowed in the commercial
cannabis overlay district (see Chapter
18.110 CDC) and if a city cannabis
distributor transport only (Type 13)
license has been approved by the chief
of police in conjunction with a primary
license, pursuant to Chapter 5.80
CMC.
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC Up to six plants per residence,
pursuant to state law
Industrial Hemp
Cultivation
– – – –
Manufacturing AP AP – – Only allowed in the commercial
cannabis overlay district (see Chapter
18.110 CDC) and if a city cannabis
manufacturer license has been
approved by the chief of police,
pursuant to Chapter 5.80 CMC.
Microbusiness AP AP – – Only allowed in the commercial
cannabis overlay district (see Chapter
18.110 CDC) and if a city cannabis
microbusiness license has been
approved by the chief of police or city,
pursuant to Chapter 5.80 CMC.
Non-Storefront Retail AP AP – – Only allowed if a city cannabis non- storefront retailer license has been
approved by the city, pursuant to
Chapter 5.80 CMC.
Storefront retail – – – –
Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.50.020 – Business Park and Industrial Districts(7) Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
OBP IBP IMX(7) HI
Testing Laboratory AP AP – – Only allowed in the commercial cannabis overlay district (see Chapter
18.110 CDC) and if a city cannabis
testing laboratory license has been
approved by the chief of police,
pursuant to Chapter 5.80 CMC.
Cemetery, Columbarium,
Mausoleum
– – – –
Conference, Convention
Facility
UP UP – –
Cultural Institution – – – –
Emergency and Homeless
Shelter
ZC, UP(8) ZC, UP(8) ZC, UP(8) – CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation
Center
- - ZC, UP(9) - Government Code Section 65660 et
seq.
Farmers’ Market – – – –
Funeral Parlor, Mortuary – – – –
Government Office ZC ZC ZC ZC
Heliport – – – UP
Library ZC ZC ZC –
Medical
Hospital, Medical Center – – – –
Medical Services Facility AP AP – –
Nursing
Facility/Extended Care
– – – –
Urgent Care Facility MP(1) MP(1) – –
Meeting Facility,
Public/Private
UP UP – –
Military – – – –
Parking Facility AP AP AP –
Public Maintenance and
Service Facility
– AP(4) – ZC(4)
Recreational Facilities
Bingo Hall UP UP – –
Commercial Recreation,
Indoor
AP AP AP –
Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.50.020 – Business Park and Industrial Districts(7) Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
OBP IBP IMX(7) HI
Golf Course, Country
Club
– – – – CDC 18.200.130, Mechanical and
electronic games
Park and Recreation
Facility
ZC ZC ZC –
Residential Recreation
Facility
– – UP –
Sports and Entertainment,
Assembly
– – – UP CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
UP UP UP – CDC 18.200.130, Mechanical and
electronic games
Recycling Facilities
Small Collection Facility AP AP AP AP CDC 18.200.170, Recycling facilities Large Collection Facility – UP – UP CDC 18.200.170, Recycling facilities Processing Facility – UP – UP CDC 18.200.170, Recycling facilities Religious Facility – – – –
Schools
Elementary, Middle,
Secondary
– – – –
College, University AP AP – –
Trade Schools,
Vocational Training
AP AP AP –
Social Services Facility MP – – –
Theater, Auditorium UP UP UP – CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers
ZC ZC ZC ZC
Wireless Communications
Facility
AP, MP or
6409
AP, MP or
6409
AP, MP or 6409 AP, MP or
6409
Chapters 18.205 and 18.207 CDC
(1) Allowed to occupy up to 20 percent of: gross area of shopping center, multi-tenant building, or 20 percent street frontage of one building. (2) Outdoor sales, activities, or storage allowed in side or rear yards when enclosed by an eight-foot-tall masonry wall and materials do not exceed wall height.
(3) No outdoor facilities, storage, or activities are allowed. (4) Allowed if occupying less than 80,000 square feet of gross floor area. (5) Allowed with residential use only.
(6) A facility which exceeds 3,000 square feet.
(7) Notwithstanding anything in this table to the contrary (including ZC, AP, or MP notations), outdoor facilities, storage, or activities may only be allowed in the IMX district if a use permit (UP) is reviewed and approved pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits).
(8) Use permit required for any facility that does not meet the requirements set forth in CDC 18.200.070, Emergency and homeless shelters (9) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code.Page 40 of 74
18.55.020 Table 18.55.020 – Public/quasi-public district – Allowed uses and permit requirements.
Table 18.55.020 identifies the uses allowed by the development code in each public/quasi-public zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.55.020
Public/Quasi-Public District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Public/Quasi-Public and Recreational Uses
Airport UP
Ambulance Service MP
Cannabis Uses
Commercial Cultivation –
Distribution (Type 11) –
Distribution Transport Only (Type 13) –
Indoor Personal Cannabis Cultivation ZC Up to six plants per residence, pursuant to state law
Industrial Hemp Cultivation –
Manufacturing –
Microbusiness –
Non-Storefront Retail –
Storefront Retail –
Testing Laboratory –
Cemetery, Columbarium, Mausoleum UP
Conference, Convention Facility UP
Cultural Institution UP
Emergency and Homeless Shelter UP CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation Center - Government Code Section 65660 et seq.
Farmers’ Market UP
Funeral Parlor, Mortuary UP
Government Office ZC
Heliport UP
Library ZC
Medical
Exhibit G to Attachment 1
Concord Municipal Code Page 2/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.55.020
Public/Quasi-Public District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Hospital, Medical Center UP
Medical Services Facility AP
Nursing Facility/Extended Care AP
Urgent Care Facility MP
Meeting Facility, Public/Private UP
Military ZC
Parking Facility ZC
Public Maintenance and Service Facility ZC
Recreational Facilities
Bingo Hall –
Commercial Recreation, Indoor UP
Golf Course, Country Club UP CDC 18.200.130, Mechanical and electronic games
Park and Recreation Facility ZC
Residential Recreation Facility –
Sports and Entertainment, Assembly UP CDC 18.200.080, Entertainment uses Sports and Recreation Facility UP CDC 18.200.130, Mechanical and electronic games
Recycling Facilities
Small Collection Facility AP
Large Collection Facility UP
Processing Facility –
CDC 18.200.170, Recycling facilities
Religious Facility UP
Schools
Elementary, Middle, Secondary UP
College, University UP
Trade School, Vocational Training AP
Social Services Facility UP
Theater, Auditorium UP CDC 18.200.130, Mechanical and
electronic games
Utility Facility, Transmission Towers ZC
Wireless Communications Facility AP, MP or 6409 Chapters 18.205 and 18.207 CDC
Concord Municipal Code Page 3/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.55.020
Public/Quasi-Public District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements
Residential Uses
Bed and Breakfast Inn –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached –
Single-Family, Detached – Small Lot Subdivision –
Single-Family, Attached –
Duplex –
Multifamily –
Family Day Care Home, Small – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large AP CDC 18.200.050, Child day care facilities
Group Housing AP
Home-Based Business – CDC 18.200.100, Home-based
businesses
Live/Work Unit – CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects –
Mobile Home Park –
Residential Care Facility, Small AP
Residential Care Facility, Large AP
Residential Facility for Seniors, Assisted AP
Supportive Housing, Multifamily – Government Code Section 65650 et seq.
Supportive Housing, Single-Family – California Government Code Section 65650 et seq.
Transitional Housing, Multifamily –
Transitional Housing, Single-Family –
Work/Live Unit – CDC 18.200.110, Live/work or
work/live units
18.60.020 Community land districts – Allowed uses and permit requirements.
Table 18.60.020 identifies the uses allowed by the development code in each community land zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
Table 18.60.020
Community Land Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications
OS PR RLC WRC CRP-GF
Additional
Requirements
Public/Quasi-Public and Recreational Uses
Airport – – – – –
Ambulance Services – – – – –
Cannabis Uses
Commercial Cultivation – – – – –
Distribution (Type 11) – – – – –
Distribution transport
only (Type 13)
– – – – –
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC – Up to six plants
per residence,
pursuant to state
law
Industrial Hemp
Cultivation
– – – – –
Manufacturing – – – – –
Microbusiness – – – – –
Non-Storefront Retail – – – – –
Storefront Retail – – – – –
Testing Laboratory – – – – –
Cemetery, Columbarium,
Mausoleum
UP UP – – –
Conference, Convention
Facility
– – – – –
Cultural Institution – MP – – –
Emergency, Homeless Shelter – – – – – CDC 18.200.070,
Emergency and
homeless shelters
Low-Barrier Navigation
Center
- - - - - Government Code
Section 65660 et
seq.
Farmers’ Market – UP – – UP
Exhibit H to Attachment 1
Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.60.020
Community Land Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District Additional
RequirementsOS PR RLC WRC CRP-GF
Funeral Parlor, Mortuary – – – – –
Government Office – ZC – – –
Heliport – – – – –
Library – AP – – –
Medical
Hospital, Medical Center – – – – –
Medical Services Facility – – – – –
Nursing
Facility/Extended Care
– – – – –
Urgent Care Facility – – – – –
Meeting Facility,
Public/Private
– UP – – –
Military – – – – –
Parking Facility – ZC – – –
Public Maintenance and
Service Facility
– ZC – – –
Recreational Facilities
Bingo Hall – – – – –
Commercial Recreation,
Indoor
– UP – – –
Golf Course, Country
Club
– UP – – – CDC 18.200.130,
Mechanical and
electronic games
Park and Recreation
Facility
ZC ZC ZC ZC AP Disc golf, dog
parks and
unlighted,
informal sport
courts and
playfields, as well
as
retention/detention
storm water
facilities, may also
be considered in
this category
Residential Recreation
Facility
– – ZC – –
Sports and Entertainment,
Assembly
– UP – – – CDC 18.200.080,
Entertainment
usesPage 45 of 74
Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.60.020
Community Land Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District Additional
RequirementsOS PR RLC WRC CRP-GF
Sports and Recreation
Facility
– UP UP – – CDC 18.200.130,
Mechanical and
electronic games
Recycling Facilities
Small Collection Facility – – – – –
Large Collection Facility – – – – –
Processing Facility – – – – –
CDC 18.200.170,
Recycling
facilities
Religious Facility – – – – –
Schools
Elementary, Middle,
Secondary
– – – – –
Colleges, Universities – – – – –
Trade Schools,
Vocational Training
– – – – –
Social Services Facility – – – – –
Theater, Auditorium – UP – – – CDC 18.200.130,
Mechanical and
electronic games
Utility Facility, Transmission
Towers
– – – – –
Wireless Communications
Facility
AP, MP or 6409 AP, MP or 6409 AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
Chapters 18.205
and 18.207 CDC
Residential Uses
Bed and Breakfast Inn – – – – –
Dwelling, Dwelling Units, Housing Units
Single-Family, Detached – – ZC – –
Single-Family, Detached
– Small Lot Subdivision
– – – – –
Single-Family, Attached – – – – –
Duplex – – – – –
Multifamily – – – – –
Family Day Care Home, Small – – ZC – – CDC 18.200.050,
Child day care
facilities
Family Day Care Home, Large – – MP – – CDC 18.200.050,
Child day care
facilities
Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
Table 18.60.020
Community Land Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District Additional
RequirementsOS PR RLC WRC CRP-GF
Group Housing – – – – –
Home-Based Business – – AP – – CDC 18.200.100,
Home-based
businesses
Live/Work Unit – – – – – CDC 18.200.110,
Live/work or
work/live units
Mixed-Use Projects – – – – –
Mobile Home Park – – – – –
Residential Care Facility,
Small
– – ZC – –
Residential Care Facility,
Large
– – MP – –
Residential Facility for
Seniors, Assisted Living
– – – – –
Supportive Housing,
Multifamily
– – – – – Government Code
Section 65650 et
seq.
Supportive Housing, Single-
Family
– – ZC – – California
Government Code
Section 65650 et
seq.
Transitional Housing,
Multifamily
– – – – –
Transitional Housing, Single-
Family
– – ZC – –
Work/Live Unit – – – – – CDC 18.200.110,
Live/work or
work/live units
18.200.070 Emergency shelter and homeless shelters.
Where allowed by Division II of this title (Zoning Districts – Uses and Standards), emergency shelters and homeless shelters shall comply with the requirements of this section. For the purposes of this section, emergency shelter has the same meaning as defined in Section 50801 of the California State Health and Safety Code (See CDC 18.20.030 (Definitions)) and does not refer to emergency shelters set up for disaster relief.
A. Purpose. The following requirements are to implement the programs in the 2010 Housing Element, ensure compliance with Section 65583 of the Government Code, and meet the emergency shelter needs of the community.
B. Applicability. Where allowed by Division II of this title (Zoning Districts – Uses and Standards), an emergency or homeless shelter is a permitted use. A use permit is required for an emergency or homeless shelter that does not comply with the standards of this section.
C. Location. No emergency or homeless shelter shall be located:
1. Within 300 feet of any residential district;
2. W within 300 feet of another emergency or homeless shelter; and
3. Within 1,000 feet of an elementary school, middle school, high school, public library, or public park.
The separation distance between an emergency or homeless shelter and the uses and districts described above shall be the shortest horizontal distance measured in a straight line from the property line of the lot with an existing emergency or homeless shelter to the property line of the lot on which an emergency or homeless shelter is proposed to be located, without regard to intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure in which the emergency or homeless shelter is located to the boundary of the use or district described above.
D. Transit Accessibility. Emergency or homeless shelter facilities shall either be located within one-half mile of an existing bus route or BART station; or if not, an alternate means of transportation shall be provided by the facility such as a shuttle bus.
ED. Facility Requirements. Each emergency or homeless shelter shall include, at a minimum, the following:
1. An courtyard or other on-site area for indoor or outdoor area for client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing in compliance with the following requirements:;
a. Minimum area of ten square feet per shelter bed;
b. At least one adjacent staff office or reception area with direct visibility of the area; c. Available for client use at least one hour prior to intake; and d. Outdoor waiting areas shall be screened from view from the public right-of-way, locked whenever staff is not present on the site, and provided with shade and rain protection.
2. Telephones for use by clients;
Exhibit I to Attachment 1
Concord Municipal Code Page 2/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
32. On-site staff, including at least one security guard that is appropriately licensed by the California Bureau of Security and Investigative Services or approved equivalent, personnel during hours of operation when shall be present at all times clients or prospective clients are present on the site, including in the client congregation area.
Security personnel shall have a nameplate containing the security personnel’s name and the word “SECURITY” printed in bold/capital. The word “Security” is not required if the security guard is wearing some type of clothing to identify him/her as a security guard. The nameplate shall be exhibited prominently on the clothing and shall be visible and easily read at all times. Hanging name badges and lanyards are prohibited. Alternatively, this requirement may be satisfied by embroidering the security personnel’s name and the word “SECURITY” on the security personnel’s outermost garment with the required information meeting the above specifications and located at chest level.
Shelters shall develop and implement a management and security plan with operational standards in compliance with applicable funding requirements, any local, county and state requirements. Prior to issuance of an occupancy permit, the management and security plan shall be approved by after consulting with the Chief of Police.
The manager’s area shall be located near the entry to the facility;
43. Adequate interior and exterior lighting; Outdoor lighting in compliance with the following requirements:
a. Applicable objective standards in CDC 18.150.110 and 18.160.110(D), except when in conflict with the following requirements:
i. A minimum of ten foot-candles at all client entrances and extending in an unobstructed direction outward five feet;
ii. A minimum of two foot-candles in other areas accessible from the street; iii. Lighting shall be provided for a period not less than thirty minutes after sunset until thirty minutes before sunrise; and
iv. The planning manager may modify the above requirements upon determining that alternate lighting will be adequate for security purposes.
54. Secure areas for personal property; and One locker or storage cabinet for personal property shall be provided for each shelter bed. The shelter shall provide each client with a lock to the locker or storage cabinet at no charge. At least 10 percent of the required storage lockers shall have minimum dimensions of 42 inches wide, 75 inches deep, and 54 inches high to accommodate secure storage of a bicycle.
5. Provide a designated smoking area. The smoking area shall comply with the requirements of CDC
8.35.100(b).
6. Provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations). Shower stalls must include an interior lock on the shower door, and an emergency call button or pull cord; and
7. The site of the facility shall be kept free of litter, graffiti, and any other undesirable material at all times. The property owner and/or operator shall remove abandoned personal property, trash, litter and debris on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city.
Concord Municipal Code Page 3/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.
6. Other facilities, consistent with the state’s provisions for emergency housing, as recommended by the police department prior to zoning clearance approval.
F. Maximum Number of Beds. No more than 75 25 beds shall be provided in any single emergency or homeless shelter., except:
1. In response to a disaster; or
2. As authorized by a use permit approved by the planning commission.
G. Hours of Operation. Facilities shall establish and maintain set hours for client intake/discharge. These hours shall be posted at the site. There shall be no gathering or loitering at the facility or in the surrounding area when the facility is closed. It is the responsibility of the facility to enforce this requirement. [Ord. 12-4. DC 2012 § 122-620].
18.200.070 Emergency shelters and homeless shelters.
Where allowed by Division II of this title (Zoning Districts – Uses and Standards), emergency shelters and homeless shelters shall comply with the requirements of this section.
A. Purpose. The following requirements are to implement the programs in the Housing Element, ensure compliance with Section 65583 of the Government Code, and meet the emergency shelter needs of the community.
B. Applicability. Where allowed by Division II of this title (Zoning Districts – Uses and Standards), an emergency or homeless shelter is a permitted use. A use permit is required for an emergency or homeless shelter that does not comply with the standards of this section.
C. Location. No emergency or homeless shelter shall be located within 300 feet of another emergency or homeless shelter. The separation distance shall be the shortest horizontal distance measured in a straight line from the property line of the lot with an existing emergency or homeless shelter to the property line of the lot on which an emergency or homeless shelter is proposed to be located, without regard to intervening structures or objects.
D. Facility Requirements. Each emergency or homeless shelter shall include, at a minimum, the following:
1. An indoor or outdoor area for client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing in compliance with the following requirements:
a. Minimum area of ten square feet per shelter bed;
b. At least one adjacent staff office or reception area with direct visibility of the area; c. Available for client use at least one hour prior to intake; and d. Outdoor waiting areas shall be screened from view from the public right-of-way, locked whenever staff is not present on the site, and provided with shade and rain protection.
2. On-site staff, including at least one security guard that is appropriately licensed by the California Bureau of Security and Investigative Services or approved equivalent, shall be present at all times clients or prospective clients are present on the site, including in the client congregation area.
Security personnel shall have a nameplate containing the security personnel’s name and the word “SECURITY” printed in bold/capital. The word “Security” is not required if the security guard is wearing some type of clothing to identify him/her as a security guard. The nameplate shall be exhibited prominently on the clothing and shall be visible and easily read at all times. Hanging name badges and lanyards are prohibited. Alternatively, this requirement may be satisfied by embroidering the security personnel’s name and the word “SECURITY” on the security personnel’s outermost garment with the required information meeting the above specifications and located at chest level.
Shelters shall develop and implement a management and security plan with operational standards in compliance with applicable funding requirements, any local, county and state requirements. Prior to issuance of an occupancy permit, the management and security plan shall be approved by after consulting with the Chief of Police.
3. Outdoor lighting in compliance with the following requirements:
a. Applicable objective standards in CDC 18.150.110 and 18.160.110(D), except when in conflict with the following requirements:
Attachment 2
Concord Municipal Code Page 2/2
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023. i. A minimum of ten foot-candles at all client entrances and extending in an unobstructed direction outward five feet;
ii. A minimum of two foot-candles in other areas accessible from the street; iii. Lighting shall be provided for a period not less than thirty minutes after sunset until thirty minutes before sunrise; and
iv. The planning manager may modify the above requirements upon determining that alternate lighting will be adequate for security purposes.
4. One locker or storage cabinet for personal property shall be provided for each shelter bed. The shelter shall provide each client with a lock to the locker or storage cabinet at no charge. At least 10 percent of the required storage lockers shall have minimum dimensions of 42 inches wide, 75 inches deep, and 54 inches high to accommodate secure storage of a bicycle.
5. Provide a designated smoking area. The smoking area shall comply with the requirements of CDC
8.35.100(b).
7. Provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations). Shower stalls must include an interior lock on the shower door, and an emergency call button or pull cord; and
8. The site of the facility shall be kept free of litter, graffiti, and any other undesirable material at all times. The property owner and/or operator shall remove abandoned personal property, trash, litter and debris on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city.
E. Maximum Number of Beds. No more than 25 beds shall be provided in any single emergency or homeless shelter.
Housing Facilitation
Development Code
Amendment
MICHAEL HART, ASSOCIATE PLANNER
AUGUST 13, 2024
1
Presentation Overview
I. Background
II. State Regulations
III. Amendments to Development Code
IV. Stakeholder Outreach
V. Planning Commission Meeting
VI. CEQA Exemption
VII.Recommendation
2
Background
Purpose of Amendments:
1. Comply with state law, including Assembly Bill (AB) 101, A
B 2162, and AB 139;
2. Implement Housing Element Program 22.6.
P
lanning Commission requested to provide recommendation
to the City Council on amendments to the Concord
Development Code (CDC).
3
State Definitions
“Emergency Shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less b
y a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or o
ffsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
4
State Definitions
"Low Barrier Navigation Center" means a Housing First, low-b arrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
5
State Definitions
“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case man
agement, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
“Target population” means persons, including persons with disabilities, and families who are “homeless,” as that term is de
fined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code.
6
State Laws
AB 101 (2019): Requires local governments to allow Low Barrier Navigation Ce
nters (LBNC) by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if the proposed development satisfies certain requirements.
AB 2162 (2018): Requires local governments to allow S upportive Housing by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies certain requirements.
AB 139 (2019): Also known as the Emergency and Transitional Housing Act of 2 019, which limits the objective management and development standards that a local government can establish for emergency homeless shelters. 7
AB 101 (2019) – Low Barrier
Navigation Centers
Access to permanent housing.
Use of coordinated entry system.
Compliance with the Housing First requirements within the W
elfare and Institutions Code.
Has a system for entering information regarding client stay, de
mographics, income, and exit destination.
8
AB 2162 (2018) – Supportive Housing
Units within development are subject to a recorded affordability r
estriction of 55 years.
100 percent of the units are dedicated to lower income households. Minimum number of units restricted to residents who meet criteria of t
he target population.
Developer provides the entity that will provide supportive services Provide nonresidential floor area for onsite supportive services. Units include at least one bathroom and a kitchen.
9
AB 139 (2019) – Emergency Shelter
Limitations
T he maximum number of beds or persons permitted to be served nightly by the facility.
S ufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not
require more parking for emergency shelters than other
residential or commercial uses within the same zone.
T
he size and location of exterior and interior onsite waiting and client intake areas.
10
AB 139 (2019) – Emergency Shelter
Limitations
T he provision of onsite management.
T he proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
T he length of stay.
Lig hting.
S ecurity during hours that the emergency shelter is in operation.
11
Housing Element Program 22.6
(a) Simplify the regulations for emergency shelters, including distancing and proximity to transit requirements, maximum bed count, and other facility r
equirements, and ensure that staff parking is calculated based on the demonstrated demand;
(b) Ensure that emergency shelters, Single Room Occupancy (SRO) uses, and Group Housing are not subject to a discretionary Design and Site Review p
rocess;
(c) Allow supportive housing by-r ight in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, consistent with CA Govt. Code 65651; and
(d) Allow Low-B
arrier Navigation Centers by -right in mixed-use and non- residential zones that permit residential uses."
12
Amendments to 18.20 – General Terms
Amend definitions of “Emergency Shelter” or “Homeless
S
helter,” “Supportive housing,” “Supportive Services,” and “Target Population” to reference applicable state code. Add definition for “Low Barrier Navigation Center,” which r
eferences to the Government Code.
13
Compliance with AB 101 and AB 2162
Update Use Tables throughout Development Code to add LBNC as a land u
se.
Allow Low Barrier Navigation Centers by right in the NTS, CO, CMX, NC, DP , D
MX, WMX, and IMX zoning districts.
Remove distinction between “Single-F amily” and “Multifamily” Supportive Housing.
Allow Supportive Housing by right in RM, RH, NTS, CO, CMX, NC, DP , DMX, a
nd WMX zoning districts.
Add footnote requiring a Use Permit for both LBNC and Supportive Housing d
evelopments that do not meet the requirements of the applicable Government Code section.
14
Proposed Updates to 18.200.070
Elimina ting ability to require buffer distances to residential districts and schools/libraries/parks.
Elimina ting transit accessibility requirement.
Ob jective requirements for client congregation areas:
Minimum area of 10 sq. ft. per shelter bed;
At least one adjacent staff office/ reception area with direct visibility; Available for client use at least one hour prior to intake; and Outdoor waiting areas screened from public right-of-w ay. 15
Proposed Updates to 18.200.070
R equiring development and implementation of a
management and security plan, including at least one
security guard.
O bjective lighting standards.
R equiring lockers or storage cabinets for each shelter bed, including a minimum to accommodate storage of bicycles. 16
Proposed Updates to 18.200.070
P rovide a designated smoking area.
R equirement for bathrooms and bathing facilities.
R equirement that the facility be kept free of litter, graffiti, etc.
R educing the maximum number of beds from 75 to 25.
17
Stakeholder Outreach
May 15, 2024 – City hosted a stakeholder meeting with service providers to discuss the proposed amendments.
Attended by members from Base Camps, Contra Costa Health, Insight Hou
sing, Trinity Center, Monument Crisis Center, Contra Costa Crisis Center, Contra Costa County Employment and Human Services, Mount Diablo Unified School District, and the Homecoming Project.
Attendees expressed concerns regarding security requirement:
◦ Not always the best practice to have security present (particularly in terms of de- e
scalation).
◦ Too cost prohibitive to hire full-time security guard. ◦ In practice, it’s better to have a good working relationship with the Concord Police D
epartment.
18
Planning Commission Meeting
Acknowledged need for LBNC, Supportive Housing, and
Eme
rgency Shelters to address needs of the unhoused
population.
In favor of requiring Use Permit for facilities that did not me
et applicable Code requirements.
Voted 5-0 ( Mizutani, Laub, Barbour, Corio, Kaushal) to adopt resolution recommending City Council adopt the
ordinance.
19
CEQA Exemption
Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and in the
a
lternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3).
20
Recommended Action
Introduce an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), C
hapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023- 2031 Housing Element, by reading of the title only and waiving further reading. (Housing Element Program 22.6)
21
Questions?
22
Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Introduce an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms),
18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts),
18.55 (Public/Quasi-Public District), 18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.150 (General Development Standards), 18.160 (Parking, Loading, and
Access), 18.200 (Standards for Specific Uses), 18.410 (Zoning Clearance), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090
(Exemptions), for consistency with state law, clarify and/or improve review processes, and implement the 2023-2031
Housing Element, by reading of the title only and waiving further reading (Housing Element Programs 15.2 and 16.1); (PL24066 – MC).
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.
6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
Report in Brief
The overarching goal of Housing Element Program 15 is to increase transparency and certainty in the development process by removing constraints associated with the City of Concord’s (City) design and site review process for multifamily and mixed-use developments by allowing a ministerial (by-right) approval for projects that meet objective design standards. One of the objectives of this Program is stated in Housing Element Program 15.2 (HE Program 15.2):
Amend the Design and Site Review Process by July 2024, to require staff-level ministerial review for multifamily housing projects. Amendments will also include allowing multifamily housing by-right in mixed use districts when objective design and development standards are met and allowing 25% additional density in the Transit Station Overlay District by right for projects that meet objective standards for this District.
In September 2023, the City Council (Council) approved a Municipal Code amendment (2023 Amendment) that included allowing ministerial design and site review for multifamily housing developments; however, the 2023 Amendment did not include changes to allow ministerial design and site review for mixed-use projects with at least two-thirds residential use that meet objective standards, as required by state law, or to the permitting requirements for multifamily residential uses, which require discretionary use permits in certain zoning districts.
To fully implement HE Program 15.2, the City must also allow by-right approvals for: 1) multifamily housing in mixed-use districts that meet objective design and development standards; and 2) a 25 percent increase above the base residential density for projects in the Transit Station Overlay District (TSOD) that meet objective design and development standards. City staff (Staff) proposes amending the Concord Municipal Code, Title 18 (Development Code), to fully implement HE Program 15.2.
Additionally, Staff proposes amending the Municipal Code for conformance with state laws pertaining to childcare facilities, parking, business license exemptions, and amendments to provide clarification and improvements to review processes.
Amendments related to parking will implement a part of Housing Element Program 16.1, that requires allowing parking reductions for religious institutions in exchange for housing development.
Recommended Action
Introduce an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi-Public District),
18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.150 (General Development Standards), 18.160 (Parking, Loading, and Access), 18.200 (Standards
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
for Specific Uses), 18.410 (Zoning Clearance), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090 (Exemptions), for consistency with state law, clarify and/or improve review processes, and implement the 2023-2031 Housing Element, by reading of the title only and waiving further reading (Housing Element Programs 15.2 and 16.1); (PL24066 – MC).
Background
In August 2023, the Planning Commission (Commission) recommended Council approval of Development Code amendments that included modifying Chapter 18.415 (Design and Site Review) to require staff-level ministerial approvals for multifamily and mixed-use projects that meet objective development and design standards, consistent with the goals of HE Program 15. The Commission recommended ministerial review for mixed-use projects1 only when mandated by the state and excluding them from ministerial design and site review out of concern that this level of review would not be adequate for large scale mixed-use projects, even if they meet objective standards.
In September 2023, Council adopted Ordinance 23-7 approving the 2023 Amendment, which included amending Chapter 18.415 (Design and Site Review), that allowed ministerial design and site review for multifamily projects, but not mixed-use projects, as recommended by the Commission.
The City’s mixed-use zoning districts require both a design and site review and conditional use permit for multifamily residential and mixed-use projects. The purpose of design and site review is to ensure that a project’s physical improvements conform with applicable design standards. The purpose of a conditional use permit is to ensure a proposed use is in substantial conformance with applicable criteria related to the suitability of the use to its site and surroundings. For projects submitted under Senate Bill 330 (SB 330), the City can only rely on objective standards when considering multifamily and mixed-use projects, which narrows the degree of discretion and criteria for review. Multifamily and mixed-use projects not meeting objective standards will still be subject to a requirement to obtain a conditional use permit.
While the 2023 Amendment provided ministerial design and site review for multifamily projects wherever allowed by zoning, it did not change the discretionary design and site review requirement for mixed-use projects or the conditional use permit requirement for multifamily and mixed-use projects in mixed-use zoning districts. The omission of ministerial design and site review for mixed-use projects in the 2023 Amendment conflicts with SB 330. To address the use permit requirement for multifamily and mixed- use projects, Staff wanted to develop an approach that achieved the overarching goal of HE Program 15, but in a manner that narrowly applied non-discretionary, ministerial 1 For purposes of this report and the Proposed Amendment, a mixed-use development or project generally means a development that includes both residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
review to certain multifamily and mixed-use projects. That approach had not been developed in time to include with the 2023 Amendment.
HE Program 15 specifically discusses facilitating housing on sites identified to accommodate the City’s Regional Housing Needs Allocation (RHNA) and allows the City the ability to ensure these mixed-use zoning districts can continue to accommodate a balance between commercial and residential uses as envisioned in the General Plan.
While not expressly required by HE Program 15, allowing mixed-use projects by-right will equally incentivize projects with neighborhood-serving commercial uses along with projects that are entirely comprised of housing, consistent with General Plan policies2. .
Staff proposes the following policy approach:
Amend Chapter 18.415 to include ministerial design and site review for mixed- use projects that provide at least two-thirds of the project’s square footage as residential in conformance with state law.
Amend the land use tables for mixed-use zoning districts3 to allow by-right approval for multifamily and mixed-use projects where at least two-thirds of the project’s square footage is designated for residential uses, and the entire project is located on a parcel, or parcels, identified in the 2023 – 2031 Housing Element Sites Inventory.
A total of 96 sites located within five mixed-use zoning districts would be eligible for by- right approval under this approach, with most of the sites located in the CMX (50 sites) and DMX (37 sites) zoning districts. Maps have been provided as Attachment 2 showing the applicable mixed-use zoning districts, which allow housing, and the parcels that comprise the 2023-2031 Housing Element Sites Inventory. As development occurs throughout the City, additional sites may need to be added to the 2023-2031 Housing Element Sites Inventory to ensure the City retains adequate capacity to address its housing need at all income levels. For example, if a site that was identified in the Sites Inventory for lower-income units is developed with market-rate units, City staff will need to identify another adequate site, with review and approval by California Department of Housing and Community Development (HCD), for lower-income units within 180 days to ensure compliance with state law. A provision delegating authority to staff to identify additional sites as necessary to remain in compliance with state law has been included 2 Policy LU-1.2.4: Encourage neighborhood retail and service uses within convenient walking distance of all residential neighborhoods, where feasible; and Policy E-3.1.3: Continue to improve the quality and mix of uses in Downtown to ensure patron, visitor, and resident satisfaction. 3 For purposes of this report and Proposed Amendment, a mixed-use district is any zoning district that permits residential and non-residential uses. For example, the WMX (West Concord Mixed Use), which prohibits residential uses, is not considered to be a mixed-use district. Under this criteria, the City’s mixed-use zoning districts include NTS (North Todos Santos), CO (Commercial Office), CMX (Commercial Mixed Use), NC (Neighborhood Commercial), DP (Downtown Pedestrian), and DMX (Downtown Mixed Use).
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
in the Ordinance. The only sites staff could identify for inclusion in the sites inventory would be those with existing General Plan and Zoning Designations that allow residential uses .
These edits are discussed in further detail for each Concord Municipal Code (CMC) chapter in the Analysis section below.
Staff proposes CMC amendments (Proposed Amendment) to fully implement HE Program 15.2, clarify and/or improve review processes, and bring the CMC into conformance with the following state laws:
Assembly Bill (AB) 8944 requires public agencies to allow underutilized parking facilities to be shared between more than one development or use and counted towards parking requirements subject to a shared parking agreement.
AB 13085 prohibits public agencies from increasing the minimum parking requirement as a condition of approving a project that remodels, renovates, or adds to a single-family residence provided that the project does not cause the single-family residence to exceed any maximum size limit imposed by the applicable zoning regulations.
AB 1851 and AB 22446 prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate or reduce in the case of a plan for an affordable housing development. This applies to both existing parking spaces and those parking spaces required for a new place of worship.
Additionally, HE Program 16.2 requires amending the Development Code in accordance with AB 1851.
AB 1236 and AB 9707 limits local agencies’ review of electric vehicle charging stations and hydrogen-fueling stations to those standards and regulations necessary to ensure that the electric vehicle charging station or hydrogen-fueling station will not have a specific, adverse impact upon the public health or safety.
AB 4988 exempts veterans honorably discharged or honorably relieved from the Armed Forces of the United States and is a resident of California from paying any local business license fees for a business that sells or provides services if the veteran is the sole proprietor of the business.
4 Government Code Section 65863.1
5 Government Code Section 65863.3
6 Government Code Section 65913.6
7 Government Code Section 65850.71
8 Business and Professions Code Section 16001.7 and Section 16001.8.
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
Senate Bill (SB) 2349 requires municipalities to treat licensed large family daycare homes as a residential use of property permitted by right and exempt from local permitting requirements, including business licenses.
On July 17, 2024, the Commission approved a Resolution recommending Council adopt an Ordinance approving the Proposed Amendment (4-0 vote; Kaushal recused). The amendments considered by the Commission were limited to the Development Code and did not include Title 5 (Business Licenses and Regulations) amendments related to licensing exemptions for family day cares and veteran-owned business, which are outside of the Commission’s purview. The Ordinance for Council’s consideration includes both Development Code and Title 5 amendments.
Analysis
The following discusses the Municipal Code amendments proposed to improve review processes, ensure conformity with state law, and implement HE Program 15.2 and 16.1.
General Modifications
The Proposed Amendment includes the following modifications that will apply to multiple Development Code chapters (General Modifications).
1. Family Day Care Homes. State law requires jurisdictions to treat small and large Family Day Care Homes (for up to 14 children) as a residential use. The Proposed Amendment will bring the Development Code into conformance with state law and codify the City’s review procedures for Family Day Care Homes by a) consolidating small and large Family Day Care Homes into a single use classification in all land zoning district land use tables, b) requiring a Zoning Clearance review, and c) removing the additional requirements reference to CMC
18.200.050, Child day care facilities.
2. Home Based Business. A home-based business operating in compliance with applicable standards is treated as an accessory use to an allowed residential use, and therefore allowed by-right. A standard condition for home-based businesses prohibits customer or client visits, unless allowed through an administrative permit. All zoning district land use tables will be amended for the Home-Based Business classification to note a Zoning Clearance or Administrative Permit review, and references to CMC 18.200.050, Child day care facilities will be replaced with a reference to CMC 18.200.100, Home-based business.
3. Objective Design Standards. The Objective Design Standards apply to all residential developments with some exceptions (e.g., single-family detached 9 Health and Safety Code Section 1597.40
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
including small lot developments). The Proposed Amendment will amend all land use tables to add Chapter 18.152 (Objective Design Standards), as an additional requirement to residential developments that are not exempt from Chapter
18.152, as well as for the Mixed-Use Project classification for projects that include residential uses.
CMC Title 18 (Development Code), Chapter 18.20 (General Terms) – Exhibit A to Attachment 1
Chapter 18.20 defines use classifications and key terms used within the Development Code.
1. Family Day Care Homes. State law requires jurisdictions to treat small and large Family Day Care Homes (for up to 14 children) as a residential use.
2. Overlap Between Duplex and Multifamily Use Definitions. The definition for “Multifamily” use states that it is a “dwelling unit that is part of a structure containing more than one dwelling unit” and lists “triplexes, fourplexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments” as examples of dwelling units included in this definition. Staff believes the exclusion of duplexes in the Multifamily definition was intended as they fall under a separate “Duplex” use classification that often has different permitting requirements than Multifamily. Treating these uses differently must be made more explicitly clear that duplexes are not included in the by-right approval for multifamily projects under the Proposed Amendment.
The Proposed Amendment would modify this chapter as follows:
Amend Section 18.20.020, Use classifications, to consolidate small and large Family Day Care Homes into a single use classification (Family Day Care Home).
Add definitions of small and large Family Day Care Home to Section
18.20.030, Definitions. These definitions remain useful for the purpose of responding to public inquiries regarding family day cares and licensing requirements, which the state bases on the number of children. Add language to the definition of “Multifamily” in Section 18.20.030, Definitions, to qualify that multifamily structures contain more than two dwelling units to eliminate overlap with the “Duplex” definition.
Chapter 18.30, (Residential Districts) – Exhibit B
The Residential Districts (RR, RS, RL, RM and RH) primarily allow single-family, duplex, and multifamily developments at varying densities of 2.5 units (Rural Residential) to 100 units (Residential High Density) per net acre. Amendments to this chapter are limited to the General Modifications discussed above.
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August 13, 2024
Chapter 18.35 (North Todos Santos District) – Exhibit C The North Todos Santos District (NTS) applies to areas north of Todos Santos characterized by small-scale developments of pre-World War II structures that includes many of the City’s designated historic landmarks. This zoning district allows for a mix of offices, single-family, and multifamily developments at a density of up to 32 units per net acre.
1. Ambiguous and conflicting permitting requirements. Table 18.35.020, North Todos Santos district – Allowed uses and permit requirements, indicates that multifamily projects are subject to either a minor use permit or use permit, but does not specify which is required. Moreover, Sections 18.35.040 and .050, which explain permitting requirements for certain development projects, do not mention the condition(s) where a minor use permit is required. These two sections read as follows:
18.35.040 Building conversions.
A. Conversion of Single-Family Dwellings to Multifamily Dwellings. The conversion of an existing single-family dwelling into duets, duplexes, or three or more dwellings is allowed with an administrative permit and design review if in compliance with density requirements and development standards as shown in Tables 18.35.030(A) and (B), and other applicable standards in Division IV of this title (Development Standards).
B. Conversion of Residential Dwellings to Offices. The conversion of an existing residence to office space requires a minor use permit and design review (Division VII of this title, Permits and Permit Procedures), if in compliance with density requirements and development standards in Tables 18.35.030(A) and (B), with the exception that the conversion shall not exceed 0.45 for both residential and office floor area combined. [Ord. 12-4. DC 2012 § 122-105].
18.35.050 Building expansion.
The expansion of an existing building greater than 100 percent of the original building size requires a use permit and design review (Division VII of this title, Permits and Permit Procedures), and shall comply with development standards in Tables 18.35.030(A) and (B), and any other applicable standards in Divisions IV, V, and VII of this title. [Ord. 12-4. DC 2012 § 122-106].
Section 18.35.040(A) requires an administrative permit for the conversion of single-family residential to multifamily “if in compliance with density requirements and development standards as shown in Tables 18.35.030(A) and (B), and other
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
applicable standards.” However, there is no “AP” designation or reference to this section in Table 18.35.020 and Table 18.35.030(A) does not apply to residential uses (see discussion below).
Section 18.35.050 requires a use permit and design and site review for any project involving the expansion of an existing building by 100 percent or more of the original building size. Historically, Section 18.35.050 has also been inferred to mean the following: a) expansion of an existing building by less than 100 percent of the original building size requires a minor use permit; and b) construction of a new building requires a use permit.
Additionally, under Section 18.35.050, a building expansion unnecessarily triggers a use permit for uses that are allowed by zoning clearance or administrative permit under Table 18.35.020. For example, a detached single- family home proposing to double in size through a second-story addition would require a use permit despite this use being subject to a zoning clearance review.
This conflict combined with the lack of cross references explaining how Table
18.35.020 and Section 18.35.050 relate to each other, make it difficult to interpret permitting requirements and increases the probability of providing erroneous zoning information. Further, any proposed expansion has to adhere to the development standards for the zoning district (i.e. lot coverage, height, setbacks, etc.) and applicable criteria of Chapter 18.415 (Design and Site Review), to minimize impacts to the surrounding neighborhood.
2. Application of Floor Area Ratio (FAR) to residential projects. Floor Area Ratio (FAR) is a quantitative measure of a project’s scale and intensity expressed by the ratio of a project’s gross floor area to the size of the site. For example, a 2.0 FAR means the project’s gross floor area equals twice the size of the site, which would indicate a project scale of two or more stories. Table
18.35.030(A) establishes FAR limits for projects within NTS and does not exclude residential uses from this standard. This conflicts with the General Plan which specifies FAR is for non-residential uses.
The Proposed Amendment includes the General Modifications discussed above and the following:
Modify Table 18.35.020 to allow zoning clearance review of new multifamily projects when a project is entirely located on a parcel or parcels in the NTS district that are listed in the Housing Element Sites Inventory and meet objective development and design standards. Although the NTS district currently does not have any parcels from the Housing Element Sites Inventory, this could change with future Housing Element updates. Modify Table 18.35.030(A) to exclude residential projects from FAR requirements.
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
Remove Sections 18.35.040(A) and .050 to eliminate ambiguity and conflicts on conditional use permit requirements triggered by building expansions and permitting requirements for the use.
Modify Section 18.35.040(B) to remove references to density and FAR for residential uses.
Remove incorrect reference to CMC 18.200.050 Child day care facilities for Group Housing in Table 18.35.020.
Chapter 18.40 (Office and Commercial Districts) – Exhibit D The Office and Commercial Districts allow for small-scale office developments in transitional areas such as Clayton Road that contain a mix of residential and commercial uses, commercial development such as neighborhood centers and regional centers, and developments appropriate for light industrial and automobile-related uses.
Residential uses are permitted in the CO (Community Office) and CMX (Commercial Mixed Use) districts at densities of 11 – 40 dwelling units per net acre.
1. Use permit required for Multifamily uses in CMX district. Table 18.40.020, Office and Commercial Districts Allowed Uses and Permit Requirements, requires a use permit for multifamily developments in the CMX (Commercial Mixed Use) district, in conflict with HE Program 15.2 to allow by-right approval for multifamily development in mixed-use districts.
2. Administrative permit required for Mixed-Use Projects in CMX district, which would include projects with at least two-thirds of the square footage designated for residential use. Although HE Program 15.2 does not explicitly require by-right approval for mixed-use projects with at least two-thirds of the square footage designated for residential use, allowing a by-right approval process to facilitate development of properties identified in the Housing Element Sites Inventory would align with the overarching goal of Program 15 and would incentivize the development of neighborhood-serving commercial uses.
3. Use permit required for Mixed-Use Projects in CO and NC districts, but not CMX district. Other types of Mixed-Use Projects, (i.e., those that are not at least two-thirds residential eligible for by-right approval) require a use permit in the CO and NC districts, but only require an administrative permit in the CMX district.
The CMX and CO districts are similar in many regards. Both districts contain properties that were originally developed as homes and converted to offices or other non-residential uses, that are located in areas along Willow Pass Road and Clayton Road that transition to residential neighborhoods. The impact of Mixed- Use Projects on these districts and their surrounding areas would be similar, and therefore the permitting requirements should be the same.
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
The Proposed Amendment includes the General Modifications discussed above and the following:
Modify Table 18.40.020 to allow a zoning clearance review for multifamily projects in the CO, CMX, and NC districts when a project is entirely located on a parcel, or parcels, listed on the Housing Element Sites Inventory that conform to objective development and design standards; and Allow a zoning clearance review for mixed-use projects in the CO, CMX, and NC districts with at least two-thirds of the square footage designated for residential use on a parcel or parcels listed in the Housing Element Sites Inventory that conform to objective development and design standards. Elevate the permit requirement for Mixed-Use Projects from an administrative permit to a use permit in the CMX district.
Chapter 18.45, Downtown Districts – Exhibit E
The Downtown Districts are located within and around the areas bounded by Concord Avenue, East Street, Clayton Road, and Diamond Boulevard. These districts allow for urban scale residential, office, and commercial developments, including mid- and high- rise buildings around the downtown core, and regional shopping centers and office parks around Diamond Boulevard. Residential uses are allowed in the DP (Downtown Pedestrian) and DMX (Downtown Mixed-Use) districts at densities of 33 to 100 dwelling units per net acre.
1. Use permit required for multifamily projects in the DP and DMX zoning districts. Table 18.45.020, Downtown Districts Allowed Uses and Permit Requirements, requires a use permit for multifamily projects in the DMX district in conflict with Housing Element Program 15.2.
2. Ground floor residential allowed in the DP district. Multifamily and mixed-use projects, which could include ground floor residential uses, are currently allowed in the DP district. Because the DP district is a relatively small area concentrated around Todos Santos Plaza, it is important to preserve ground floor spaces for commercial uses that contribute to the economic vitality and vibrancy of Todos Santos Plaza and surrounding area. Consequently, Section 18.200(G)(1) states “Residential uses shall be located above the ground floor of the building for properties directly facing Todos Santos Plaza, and the ground floor shall be occupied by a retail or restaurant use.”
3. Use permit required for mixed-use projects in the DMX zoning district. As mentioned above, HE Program 15.2 does not explicitly require by-right approval for mixed-use projects with at least two-thirds square footage designated as a residential use; however, allowing a by-right approval process to facilitate development of mixed-use properties identified in the Housing Element Sites
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
Inventory in the DMX district would align with the overarching goal of Program 15 and incentivize projects with neighborhood-serving commercial uses.
The Proposed Amendment includes the General Modifications discussed above and the following:
1. Modify Table 18.45.020 to allow zoning clearance review of multifamily projects when a project is entirely located on a parcel or parcels in the DMX district that are listed in the Housing Element Sites Inventory and meet objective development and design standards;
2. Allow by-right approvals for mixed-use projects with two-thirds residential use when a project is entirely located on for a parcel or parcels in the DMX district that are listed in the Housing Element Sites Inventory and meet objective development and design standards; and
3. Prohibit ground-floor residential in the DP district on properties directly facing Todos Santos Plaza.
Chapter 18.50, Business Park and Industrial Districts – Exhibit F The Business Park and Industrial Districts allow for a variety of office and industrial developments and uses including campus-like offices and business parks, light industrial uses in warehouse and flex space developments, and heavy industrial uses such as processing, refining, and outdoor storage. Residential uses are not permitted.
Amendments to this chapter are limited to the General Modifications described above.
Chapter 18.55, Public/Quasi-Public District – Exhibit G The Public/Quasi-Public District is applied to areas of the City with schools, hospitals and related medical services, utilities, government offices and facilities, including John Muir Medical Center, Buchanan Field Airport, corporation yards, and public facilities such as sewage treatment facilities and fire stations. Residential uses are not allowed in this district. Amendments to this chapter are limited to the General Modifications discussed above.
Chapter 18.60 (Community Land Districts) – Exhibit H
This designation is applied to property owned by governmental entities and to semi- public facilities such as Buchanan Field Airport, hospitals, schools, government offices, corporation yards, and public facilities such as recycling centers, sewage treatment facilities, and fire stations. The Community Land Districts applies to natural resources and recreational areas including parks, open space, conservation areas, and the Concord Reuse Project Green Frame. Residential uses are not permitted. Amendments to this chapter are limited to the General Modifications discussed above.
Chapter 18.105, Transit Station Overlay District (TS) – Exhibit I The Transit Station Overlay district (TS) is intended to create, preserve, and enhance areas around the Bay Area Rapid Transit (BART) stations by encouraging a
City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
concentrated mixture of increased residential density and commercial uses in a pedestrian-oriented environment.
1. Density Increases. Section, 18.105.040, Development standards, allows for density or floor area ratio (FAR) increases for developments located within the Transit Station Overlay District, which applies to the areas within one-half mile of the Concord and North Concord BART stations. Residential projects are currently allowed a 25 percent increase to the base zoning density subject to approval of a minor use permit. Mixed-use projects are not explicitly included in the density increase allowance. HE Program 15.2 requires by-right approval of density increases for projects in the TS district that meet objective criteria, but is not clear if this should apply to multifamily, mixed-use, or both type of projects. Staff believes including both meets the intent of HE Program 15.2.
The Proposed Amendment includes the General Modifications discussed above and the following:
Modify Section 18.105.040 to allow by-right approval of density increases for multifamily and mixed-use projects with at least two-thirds of the square footage is designed as residential. There are no proposed changes to the discretionary permitting requirement for increases in the nonresidential floor area. Specify FAR increases apply to non-residential projects. Specify that standards related to ground floor transparency, lighting, and improvements apply to non-residential projects and mixed-use projects with less than two-thirds residential use.
Chapter 18.150, General Development Standards – Exhibit J This chapter addresses the details of site planning and project design to ensure that development is compatible with existing and future development and protects the use and enjoyment of neighboring properties, consistent with general plan policies.
1. Exclusion of public rights-of-way from net parcel area and required setbacks. Section 18.150.030, Exclusion of rights-of-way, currently excludes all “public rights-of-way, easements, or land offered for dedication” from being included in the net parcel area. The exclusion of these areas factor into the density or intensity of development projects and minimum lot area requirements.
This section is not consistent with the following definition contained in Section
18.20.030, Definitions:
“Acre, net” means a measure of land area of a lot or site remaining after dedication of all areas for public rights-of-way, streets, public or private access to adjacent parcels or properties, creeks, and other easements or dedications. An easement shall not be excluded from the net area calculation if the easement