Agenda packet — Concord City Council, August 13, 2024 (part 3 of 3)

City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
area can be used for purposes that are ancillary or incidental to the primary use of the property on which the easement is located. For example, a utility easement on residential property that allows the property owner to use the easement area for parking, yard area, or other purposes incidental to the residential use shall not be excluded from the net acre calculation (emphasis added).

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.150.030 to allow easement areas used for purposes that are ancillary or incidental to the primary use of the property on which the easement is located to count towards the net parcel area.

Chapter 18.160 (Parking, Loading, and Access) – Exhibit K This chapter establishes parking, loading, and access requirements for new developments and uses.

1. Nonconforming Parking. Section 18.160.040.F, Nonconforming Parking, addresses how properties with legal nonconforming parking conditions are addressed when there is an expansion or change of use for the property. For non-residential uses, this section requires an expansion or change of use on property with nonconforming parking to provide parking based on the entire structure. The strict application of this requirement can be a significant or impractical obstacle for existing uses to expand, or to facilitate tenanting of available commercial spaces. For example, the strict application of this section would require a new use for a multi-tenant building to correct nonconforming parking conditions, even if the nonconforming parking condition resulted from an existing tenant or condition, and site size or other constraints make adding parking infeasible.

2. AB 1308. Table 18.160.040, Parking Requirements for Land Uses, provides off- street parking requirements based on land use. For existing single-family residential uses, the CMC currently requires additional off-street parking for additions that exceed certain bedroom thresholds, in conflict with AB 1308.

3. Accessory dwelling unit parking. Table 18.160.040 includes parking requirements for accessory dwelling units that conflict with state law.

4. Multifamily residential parking. Table 18.160.040 includes parking requirements for multifamily projects that would not apply where state law allows for reduced parking (e.g., State Density Bonus Law).

5. Shuttle requirement for shared parking facilities. Section 18.160.050(D) allows common or shared parking facilities within 300 feet to satisfy a project’s parking requirement on the condition that a “shuttle or similar means of

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
transportation” be provided to the parking facility. Three-hundred feet is not a significant distance that makes a shuttle or similar service necessary. This requirement applies even if the parking facility abuts the project site or is closer than 300 feet.

6. AB 894. Sections 18.160.050(C) and (D) establishes the criteria for allowing parking requirements to be satisfied through shared on-site or off-site parking facilities. Additionally, AB 894 requires the City to allow underutilized parking10 facilities to be shared between more than one development or use and counted towards parking requirements subject to a shared parking agreement. Key requirements of AB 894 include: 1) a parking analysis using peer-reviewed methodologies developed by a professional planning association sufficient to determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements; 2) sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route, unless there is a plan for shuttles or other accommodations to move between the parking and site; 3) recordation of parking agreements against the parcels that are part of the agreement; and 4) notification to property owners within 300 feet of the shared parking spaces of the proposed agreement, and the opportunity to request a public meeting before the local agency decides whether to approve or deny the shared parking agreement.

7. AB 1851 and AB 2244. This chapter does not contain provisions prohibiting the City 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, in conformance with state law. This applies to both existing parking spaces and those parking spaces required for a new place of worship.

8. Exception to covered parking for single-family residential. Section

18.160.050(F) allows for garages for single-family homes to be converted into habitable space, subject to an administrative permit. The criteria for evaluating these garage conversions do not require the applicant to demonstrate that practical alternatives exist for an addition that would avoid a garage conversion, or to provide covered parking elsewhere. Because of this, Staff regularly approves garage conversions without requiring a replacement for covered parking. The City is experiencing a rise in the conversion of garages into Accessory Dwelling Units (ADUs) in accordance with state law, which prohibits replacement of covered parking. For this reason, Staff has been encouraging 10 “Underutilized parking” means parking where 20 percent or more of a development’s parking spaces are not occupied during the period that the parking is proposed to be shared by another user, group, development, or the public (Government Code Section 65863.1[a][4]).

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
ADU garage conversions instead of non-ADU conversions, so that the City receives the benefit of the ADU counting towards its RHNA.

9. Electric Vehicle Charging and Hydrogen-Refueling Stations. This chapter does not contain provisions limiting the City’s review of electric vehicle charging stations and hydrogen-fueling stations to those standards and regulations necessary to ensure that they will not have a specific, adverse impact upon the public health or safety in conformance with SB 1236. This means the City cannot prohibit the removal of standard parking spaces or landscaping that are often included with the construction EV and hydrogen-refueling stations, nor require their replacement, unless removal will result in a specific adverse impact.

10.Americans with Disabilities Act. This chapter does not contain provisions related to parking reductions resulting from the construction of improvements required under the Americans with Disabilities Act (ADA), such as vehicle parking and path of travel. Historically, Staff has allowed ADA improvements in conformance with federal and state law, even if they result in a loss of parking, including situations where the loss of parking will create a non-conforming parking condition.

11.Disbursement of Compact Parking Spaces. Section 18.160.090, Parking design standards, provides design standards for parking including compact parking spaces. For sites with more than 10 parking spaces, up to 25 percent of required parking can be compact spaces provided that no more than four compact spaces are grouped together and are dispersed throughout the site.

This section does not include an objective standard for separating groups of compact spaces to satisfy this requirement.

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.160.040(F) to require new uses or building expansions on sites with nonconforming parking to provide additional parking based on the difference between the parking requirement of the previous use and new use, or the square footage of the expansion.
 Modify Table 18.160.040 to exempt single-family additions that meet zoning requirements for lot coverage, building height, and setback from providing additional parking, in conformance with AB 1308; and
 Replace ADU parking requirements with a reference CMC Section 18.200.180, Accessory dwelling units.
 Modify Section 18.160.050, to allow adjustments to parking when allowed by state law in general.

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
 Modify Section 18.160.050(D) to remove the shuttle requirement for shared parking facilities.
 Allow sharing of underutilized parking lots to count towards required parking through a recorded shared parking agreement prepared and approved in accordance with Government Code Section 65863.1 and AB 894. CMC

18.160.050(D) currently allows the use of off-site parking to satisfy parking requirements, subject to a recorded parking agreement. But unlike AB 894’s narrow application to underutilized parking lots, there are no criteria restricting the type of off-site parking facility eligible under Section 18.160.050(D), except that the off-site parking facility must be located within 300 feet of the use it serves. Additionally, the requirements of Section 18.160.050(D) are generally easier to satisfy compared to AB 894. For example, AB 894 requires a parking analysis and requires certain types of projects to provide public notification before an off-site parking facility is approved. For these reasons, Staff proposes keeping Section 18.160.050(D) as an additional option to satisfy parking through off-site parking facilities.
 Prohibit replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate or reduce for an affordable housing development, except for parking for non- religious uses (e.g., day cares and private schools), in accordance with AB 1851, AB 2244, and Housing Element Program 16.2.
 Eliminate process for converting covered parking to non-ADU habitable space, consistent with the City’s practice of encouraging ADU garage conversions that benefit the City’s RHNA;
 Allow parking reductions to accommodate construction of electric vehicle charging and hydrogen-refueling stations; and
 Allow parking reductions for the construction of improvements in compliance with the Americans with Disabilities Act.

Chapter 18.200 (Standards for Specific Uses) – Exhibit L This chapter establishes regulations for certain land uses allowed within individual or multiple districts, and for certain activities that may occur in conjunction with a permitted land use.

1. Standards and permitting requirements for Family Day Care Home. Section

18.200.050, Child day care facilities, provides standards and permitting requirements for family day care homes and commercial daycares for children.

The current provisions conflict with SB 234 that requires treating family day care homes for up to 14 children as a residential use, and therefore permitted by right in residential zoning districts. The Proposed Amendment would bring this section

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
into conformance with state law by eliminating the minor use permit requirement for large family daycare homes for up to 14 children.

2. Development standards for Mixed-Use Projects. Section 18.200.140, Mixed- use projects, provides standards for the development of mixed-use projects, including mixed-use projects with at least two-thirds residential, where state law limits the City’s review to objective standards.

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.200.050 by removing standards and permitting requirements for Family Day Care Homes.
 Modify Section 19.200.140 to clarify that the requirements of this section do not apply to projects where state law limits the City’s review to objective standards, including CMC Chapter 18.152 (Objective Design Standards).

Chapter 18.410, Zoning Clearance – Exhibit M
This chapter establishes the City’s procedures for reviewing uses subject to a Zoning Clearance review.

1. Zoning Clearance is not a permit nor formal review. The Zoning Clearance is not a permit nor formal review, but rather a determination by the Planning Division that a “new or expanded proposed structure or use” conforms with applicable standards and allowed by right under the Development Code. The Zoning Clearance review can be conducted as part of a building permit or other ministerial approval, and can take the form of a “stamp, city staff signature, or other official notation on approved plans, or other certification.” The current language of this chapter suggests a more formal process for Zoning Clearance review, and requires the Zoning Clearance determination at the time of a building permit or other approval request for the proposed use or structure. This does not reflect the actual Zoning Clearance review process, which often times cannot be completed at the time of building or other permit application due to information lacking on the proposed use or structure for the City to make the determination.

The Proposed Amendment would modify this chapter as follows:
 Specify that the review may be conducted prior or subsequent to the filing of a construction permit, business license, or other authorization required by the City;
 Specify that all information necessary to determine conformance with applicable standards must be provided to the Planning Division to complete the review; and

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
 Include a process to request Zoning Clearance determinations in writing and appeal procedures.

Chapter 18.415 (Design and Site Review) – Exhibit N
This chapter establishes standards and procedures for design and site review to ensure the orderly development of the city, the stability of land values, and quality construction of structures, additions, or alterations.

1. Mixed-use projects not included in projects exempt from design and site review. The overarching goal of Housing Element Program 15 is to “increase transparency and certainty in the development process through objective standards” by, among other things, creating objective standards to “provide ministerial (by-right) processing for multifamily and mixed-use developments.” The 2023 Amendment initially included exempting mixed-use projects that meet objective design standards from design and site review, but this was removed in the final and adopted version of the amendment. Requiring discretionary design and site review conflicts with Government Code Section 65589.5, which requires only the application of objective design standards for housing development projects11, including mixed-use projects when at least two-thirds of a project is residential.

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.415.030 to include mixed-use projects with at least two-thirds of the square footage designated for residential use that meet objective development and design standards in the list of projects exempt from design and site review, consistent with the overarching goal of HE Program 15.

Chapter 5.05 (Business Licenses) – Exhibit O
This chapter establishes the City’s authority to raise revenue for municipal purposes through license taxes for transacting business within the City.

1. SB 234 and AB 498. Section 5.05.090, Exemptions, does not exempt veterans or family daycare homes from business license taxes, as required by SB 234 and AB 489, respectively.

The Proposed Amendment would modify this chapter as follows:
 Modify Section 5.05.090 to add the following language for exemptions to business license taxes: 1) Veterans honorably discharged or honorably relieved 11 Under Government Code Section 65589.5, “Housing development project” means a use consisting of any of the following: a) Residential units only, b) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and c) Transitional housing or supportive housing.

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
from the Armed Forces of the United States and are residents of California and sole proprietor of the business, in accordance with Cal. Business and Professions Code §16001; and 2) Operators of Family Daycare Homes (up to 14 children) where allowed by CMC Title 18, Development Code, and operating in compliance with Cal. Health & Safety Code §1597.

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. The following provides Staff’s analysis on how the Proposed Amendments meets each the applicable findings. 1) The proposed amendment is consistent with the general plan; The proposed amendment will fully implement Program 15.2 of the 2021 – 2031 Housing Element, and it is in conformance with the General Plan by facilitating a balanced supply of housing types and prices to meet the needs for all economic segments of the community and promoting the expansion of housing opportunities for all groups. Amendments to implement state law and clarify or improve processes are consistent with overarching General Plan policies related to streamlined reviews, transit-oriented development, and improving land use compatibility, including but not limited to:
 Policy E-2.1.2: Retain and attract business and facilitate businesses’ efforts to develop and expand and Policy E-2.1.4: Continue to improve the streamlined permit processes and expedited permit decisions.

Amendments promoting these policies include establishing a reasonable standard for addressing non-conforming parking conditions that have historically prevented new occupancies and expansions, and eliminating reviews of Family Day Care Homes as required by state law.  Policy E-3.1.2: Promote and support an urban, pedestrian oriented environment that builds upon the proximity of Todos Santos Plaza, and high density residential and street-facing retail uses. Proposed amendments to the Downtown Pedestrian district to prohibit residential uses on ground floor locations directly facing Todos Santos Plaza will further implement this policy.
 Policy E-3.1.5: Promote transit-oriented Downtown development and activities that take advantage of nearby transit services, such as BART, bus services, and Buchanan Field Airport. Proposed amendments allowing a density increase of up 25-percent for multifamily and eligible mixed-use developments in the Transit Station Overlay district will incentivize the construction of transit-oriented development downtown.

Policy LU-1.1.1: Support land use decisions that reinforce and capitalize on neighborhood strengths and benefit neighborhood identity and scale.

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
Proposed amendments to facilitate residential development in neighborhoods and zoning districts that are compatible with residential uses, including higher-density multifamily developments, are consistent with this policy.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and
In response to California’s housing shortage, the State has adopted laws to accelerate housing production by removing or limiting the City’s discretionary review on housing developments. The proposed amendment would implement state law in addition to the 2023-2031 Housing Element. The proposed amendment 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 residential projects that will help alleviate the City of Concord’s housing shortage.

In the event the City has discretion on residential 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
The Proposed Amendment will have a negligible financial impact to the City.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it 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. Therefore, the Ordinance does not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

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City Council Agenda Report
Agenda Item No. 6.b
August 13, 2024
Public Contact
The City Council Agenda was posted. Notification was published in the East Bay Times, as required by state law, and the Concord Municipal Code and provided to housing interested parties list.

Attachments

1. Ordinance
Exhibit A – Redlined Amendments to Redlined Amendments to Chapter

18.20 (General Terms)
Exhibit B – Redlined Amendments to Chapter 18.30 (Residential Districts) Exhibit C – Redlined Amendments to Chapter 18.35 (North Todos Santos District)
Exhibit D – Redlined Amendments to Chapter 18.40 (Office and Commercial Districts)
Exhibit E – Redlined Amendments to Chapter 18.45 (Downtown Districts) Exhibit F – Redlined Amendments to Chapter 18.50 (Business and Industrial Districts)
Exhibit G – Redlined Amendments to Chapter 18.55 (Public/Quasi-Public District)
Exhibit H – Redlined Amendments to Chapter 18.60 (Community Land Districts)
Exhibit I – Redlined Amendments to Chapter 18.105 (Transit Station Overlay)
Exhibit J – Redlined Amendments to Chapter 18.150 (General Development Standards)
Exhibit K – Redlined Amendments to Chapter 18.160 (Parking, Loading, and Access)
Exhibit L – Redlined Amendments to Chapter 18.200 (Standards for Specific Uses)
Exhibit M– Redlined Amendments to Chapter 18.410 (Zoning Clearance) Exhibit N – Redlined Amendments to Chapter 18.415 (Design and Site Review)
Exhibit O – Redlined Amendments to Chapter 5.05 (Business Licenses)

2. Maps of Mixed-Use Zoning Districts and the 2023-2031 Housing Element Sites Inventory.

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1Ord. No. 24-XX
ORDINANCE NO. 24-XX

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(HOUSING ELEMENT PROGRAM 15.2 AND 16.1); (PL24066 – MC).

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 City of Concord has, from time to time, made amendments to its Municipal Code to conform with state law, and to clarify and/or improve review processes; and WHEREAS, the State of California has declared housing a matter of statewide importance; and WHEREAS, to address the housing shortage, the State of California has enacted laws to accelerate housing production by, among other things, requiring local governments to streamline approvals for certain types of residential, mixed-use, and special needs housing developments; 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 Section 65580(d)); and
WHEREAS, the Regional Housing Needs Allocation (RHNA) assigned to the City of Concord by the Association of Bay Area Governments requires that the City plan for 5,073 units of new housing between 2023 and 2031, including 2,883 units affordable to very low-, low-, and moderate-income households; and
WHEREAS, the City has not produced a sufficient number of affordable units to meet its RHNA in prior Housing Element cycles; and
Attachment 1

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WHEREAS, the shortage of affordable housing in the City has led to insufficient supply of housing for the local workforce and student population, leading to overcrowding in some units, placing a cost burden on households, and long commutes as workers seek affordable housing in other communities; and
WHEREAS, the City has adopted 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 WHEREAS, the City finds that the housing supply shortage for persons of very low-, low-, and moderate-incomes and 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 of all income groups and persons with special housing needs; and
WHEREAS, to ensure conformance with state law by adequately identifying sites for all income levels to meeting its RHNA, the City may need to add sites if a development occurs on a site that does not meet the number of units identified in the 2023-2031 Housing Element Sites Inventory; and WHEREAS, to ensure compliance with state law, the City Council delegates the authority to the City Manager or his or her designee to add sites to the 2023-2031 Housing Element Sites Inventory to identify adequate capacity to meet its RHNA at all income levels; and WHEREAS, to facilitate construction of housing available for persons of all income groups, the 2023-2031 Housing Element includes Program 15, with the overarching goal of removing constraints associated with the City’s 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; and WHEREAS, one of the implementation measures of this Program is stated in Housing Element Program 15.2 (“HE Program 15.2”), which states: 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

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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; and WHEREAS, on September 5, 2023, the City Council adopted Ordinance No. 23-7 approving an amendment to the Concord Municipal Code (CMC), Title 18 (Development Code), Chapter 18.405 (Permit application and processing), Chapter 18.415 (Design and site review), and adding Chapter

18.402 (Pre-application procedures) for consistency with state law and implementation of 2023-2031 Housing Element Programs 2.2, 6.1, 15.2, and 22.6(b); and WHEREAS, to fully implement Program 15.2, Development Code amendments are necessary to 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 that meet objective design and development standards; and WHEREAS, Municipal Code amendments are also necessary to conform with various state laws and to clarify or improve review processes; 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 Resolution No. 24-09PC, recommending that the City Council adopt proposed amendments to City of Concord Municipal Code (“Municipal Code”) amending 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

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Station Overlay), 18.150 (General Development Standards), 18.160 (Parking, Loading, and Access),

18.200 (Standards for Specific Uses), 18.410 (Zoning Clearance), and 18.415 (Design and Site Review), for consistency with state law, clarify and/or improve review processes, and implement the 2023-2031 Housing Element; 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 the Municipal Code amendments attached hereto (collectively referred to herein as the “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 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
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),

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15061(b)(3), and/or 15378, City Council this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because 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. Therefore, the Ordinance does not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

Section 5. Municipal Code Amendment Findings
1) The proposed amendment is consistent with the general plan.

The proposed amendment will implement Program 15.2 of the 2021 – 2031 Housing Element, and is in conformance with the General Plan by facilitating a balanced supply of housing types and prices to meet the needs for all economic segments of the community and promoting the expansion of housing opportunities for all groups. Amendments to implement state law and clarify or improve processes are consistent with overarching General Plan policies related to streamlined reviews, transit-oriented development, and improving land use compatibility, including but not limited to:
 Policy E-2.1.2: Retain and attract business and facilitate businesses’ efforts to develop and expand and Policy E-2.1.4: Continue to improve the streamlined permit processes and expedited permit decisions. Amendments promoting these policies include establishing a reasonable standard for addressing non-conforming parking conditions that have historically prevented new occupancies and expansions, and streamlining reviews of Family Day Care Homes as required by State law.  Policy E-3.1.2: Promote and support an urban, pedestrian oriented environment that builds upon the proximity of Todos Santos Plaza, and high density residential and street-facing retail uses. Proposed amendments to the Downtown Pedestrian district to prohibit residential uses on ground floor locations directly facing Todos Santos Plaza will further implement this policy.

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 Policy E-3.1.5: Promote transit-oriented Downtown development and activities that take advantage of nearby transit services, such as BART, bus services, and Buchanan Field Airport. Proposed amendments allowing a density increase of up 25-percent for multifamily and eligible mixed-use developments in the Transition Station Overlay district will incentivize the construction of transit-oriented development downtown.
 Policy LU-1.1.1: Support land use decisions that reinforce and capitalize on neighborhood strengths and benefit neighborhood identity and scale. Proposed amendments to facilitate residential development in neighborhoods and zoning districts that are compatible with residential uses, including higher-density multifamily developments, are consistent with this policy. 2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

In response to California’s housing shortage, the State has adopted laws to accelerate housing production by removing or limiting the City’s discretionary review on housing developments. The proposed amendment would implement State law and Housing Element Program 15.2, in addition to clarifying or improving review processes. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendment will serve the City’s public interest by facilitating residential projects to help alleviate the City of Concord’s housing shortage and special housing needs, and facilitating non-residential projects by clarifying applicable standards and review procedures. In the event the City has discretion on projects facilitated by the proposed amendment, 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,

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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.

Section 6. The City Council does hereby delegate authority to the City Manger or his or her designee to add sites to the 2023-2031 Housing Element Sites Inventory to ensure the City maintains adequate capacity to meet its RHNA for all income levels.

Section 7. The City Council does hereby pass and adopt this Ordinance No. 24-XX.

Section 8. 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), and 18.415 (Design and Site Review), are hereby amended, as set forth in Exhibits A-N.

Section 9. 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, 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 Birsan
Mayor
ATTEST:

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Joelle Fockler, MMC
City Clerk
(Seal)

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9Ord. No. 23-1
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 MONTH DAY, 2024, 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
Exhibits:

A. CMC Chapter 18.20 (General Terms)
B. CMC Chapter 18.30 (Residential Districts)
C. CMC Chapter 18.35 (North Todos Santos District)
D. CMC Chapter 18.40 (Office and Commercial Districts)
E. CMC Chapter 18.45 (Downtown Districts)
F. CMC Chapter 18.50 (Business and Industrial Districts) G. CMC Chapter 18.55 (Public/Quasi-Public District)
H. CMC Chapter 18.60 (Community Land Districts)
I. CMC Chapter 18.105 (Transit Station Overlay)
J. CMC Chapter 18.150 (General Development Standards)
K. CMC Chapter 18.160 (Parking, Loading, and Access)
L. CMC Chapter 18.200 (Standards for Specific Uses)
M. CMC Chapter 18.410 (Zoning Clearance)
N. CMC Chapter 18.415 (Design and Site Review)
O. CMC Chapter 5.05 (Business Licenses and Regulations)

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Concord Municipal Code
Chapter 18.20 GENERAL TERMS

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

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

18.20.010 Purpose and applicability.
[NO AMENDMENTS TO THIS SECTION]

18.20.020 Use classifications.
[NO AMENDMENTS TO PRECEDING USE CLASSIFICATIONS]
“Child day care” means facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities, all of which are required to be licensed by the California State Department of Social Services, include the following:
“Family day care home,” as defined by Health and Safety Code Section 1596.78, means a home facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, including the following: (see Section 18.20.030, Definitions for facility types).

A. Small. A day care facility in a single-family dwelling where an occupant of the residence provides childcare for six or fewer children under the age of six or up to eight children when two of the children are at least six years of age, including children under the age of 10 years who reside at the residence.

B. Large. A day care facility in a single-family dwelling where an occupant of the residence provides childcare for seven to 12 children under the age of six or up to 14 children when two of the children are at least six years of age, including children under the age of 10 years who reside at the residence. [NO AMENDMENTS TO INTERVENING USE CLASSIFICATIONS]
“Multifamily” means a dwelling unit that is part of a structure containing more than two one dwelling units 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.
[NO AMENDMENTS TO PROCEEDING USE CLASSIFICATIONS]
Exhibit A

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Concord Municipal Code
Chapter 18.20 GENERAL TERMS

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The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Article II. Definitions

18.20.030 Definitions.
[NO AMENDMENTS TO PRECEDING DEFINITIONS]
Family Day Care Terms.
“Large family day care” means is a day care facility that where an occupant of the residence provides childcare, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who resides at the home, as set forth in Health and Safety Code Section 1597.465for seven to 12 children under the age of six or up to 14 children when two of the children are at least six years of age, including children under the age of 10 years who reside at the residence. “Smally family day care” is a day care facility that provides care, protection, and supervision for 8 or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.44in a single-family dwelling where an occupant of the residence provides childcare for six or fewer children under the age of six or up to eight children when two of the children are at least six years of age, including children under the age of 10 years who reside at the residence.
[NO AMENDMENTS TO PROCEEDING DEFINITIONS]

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Concord Municipal Code
Chapter 18.30 RESIDENTIAL DISTRICTS (RR, RS, RL,

RM AND RH)

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The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Chapter 18.30

RESIDENTIAL DISTRICTS (RR, RS, RL, RM AND RH)
Sections:

18.30.010 Purpose.

18.30.020 Table 18.30.020 – Residential districts – Allowed uses and permit requirements.

18.30.030 Table 18.30.030 – RR and RS districts – Development standards.

18.30.040 Table 18.30.040 – RL, RM, and RH districts – Development standards.

18.30.010 Purpose.
[NO AMENDMENTS TO THIS SECTION]

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 DistrictLand 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 CDC 18.152, Objective Design
Standards
Duplex – – AP ZC – CDC 18.152, Objective Design
Standards
Multifamily – – – ZC ZC CDC 18.152, Objective Design
Standards
Family Day Care
Home, Small Family
Daycare Home (14 or
fewer children)
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
Exhibit B

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Concord Municipal Code
Chapter 18.30 RESIDENTIAL DISTRICTS (RR, RS, RL,

RM AND RH)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

RR RS RL RM RH
Home-Based Business ZC, AP ZC, AP ZC, AP ZC, AP ZC, AP CDC 18.200.050, Child day care facilities CDC 18.200.100, Home-based
business
Live/Work Unit – – UP UP UP CDC 18.200.110, Live/work or work/live units
Mixed-Use Project – – – – – CDC 18.152, Objective Design Standards
CDC 18.200.140, Mixed-use projects
[NO AMENDMENTS TO PROCEEDING]

[Ord. 21-2 § 5 (Exh. C); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. B); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 10); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. D); Ord. 14-6 § 1; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-78].

18.30.030 Table 18.30.030 – RR and RS districts – Development standards. [NO AMENDMENTS TO THIS SECTION]

18.30.040 Table 18.30.040 – RL, RM, and RH districts – Development standards. [NO AMENDMENTS TO THIS SECTION]

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Concord Municipal Code
Chapter 18.35 NORTH TODOS SANTOS DISTRICT
(NTS)

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Chapter 18.35

NORTH TODOS SANTOS DISTRICT (NTS)
Sections:

18.35.010 Purpose.

18.35.020 Table 18.35.020 – North Todos Santos district – Allowed uses and permit requirements.

18.35.030 Tables 18.35.030(A) and (B) – North Todos Santos district – Floor area ratio and development standards.

18.35.040 Building conversions.

18.35.050 Building expansion.

18.35.060 North Todos Santos design guidelines.

18.35.070 Parking and drive aisle standards.

18.35.080 Findings.

18.35.010 Purpose.
[NO AMENDEMENTS TO THIS SECTION]

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.

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Concord Municipal Code
Chapter 18.35 NORTH TODOS SANTOS DISTRICT
(NTS)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

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 Live/Work Unit AP CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects ZC(4), MP CDC 18.152, Objective Design Standards
CDC 18.200.140, Mixed-use
projects
[NO AMENDMENTS TO PROCEEDING]
(1) Repealed by Ord. 21-2.
(2) Minor use permit required for the conversion of an existing residence to office space. (3) Zoning Clearance required for multifamily projects when a project is located entirely on a parcel or parcels listed in the current Housing Element Sites Inventory that conform to objective development standards and Chapter 18.152 (Objective Design Standards). (4) Zoning Clearance required for mixed-use projects when a project is located entirely on a on a parcel or parcels listed in the current Housing Element Sites Inventory, with at least two-thirds of the total square footage designated for residential use, and conform to objective development standards and Chapter 18.152 (Objective Design Standards). [Ord. 21-2 § 5 (Exh. D); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. C); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 4); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. E); Ord. 14-6 § 2; Ord. 12-4. DC 2012 § 122-103].

18.35.030 Tables 18.35.030(A) and (B) – North Todos Santos district – Floor area ratio and development standards.

Subdivisions, new uses and structures, and alterations to existing uses and structures shall be designed, constructed, and established in compliance with the requirements specified in Tables 18.35.030(A) and (B). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.35.030(A)
North Todos Santos District (NTS)
Floor Area Ratio(1)
Maximum FAR Parcel Size (square feet) Additional Standards

0.30 < or = 5,000

0.32 5,001 – 6,000

0.34 6,001 – 7,000

0.36 7,001 – 8,000

0.38 8,001 – 9,000

0.40 9,001 – 10,000

0.41 10,001 – 11,000

0.42 11,001 – 12,000

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Concord Municipal Code
Chapter 18.35 NORTH TODOS SANTOS DISTRICT
(NTS)

Page 3 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Maximum FAR Parcel Size (square feet) Additional Standards

0.43 12,001 – 13,000

0.44 13,001 – 14,000

0.45 14,001 – 15,000

0.46 15,001 – 16,000

0.47 16,001 – 17,000

0.48 17,001 – 18,000

0.49 18,001 – 19,000

0.50 19,001 – 20,000
(1) Floor Area Ratio shall not apply to residential uses.

Table 18.35.030(B)
[NO AMENDMENTS TO TABLE]

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].

18.35.060 North Todos Santos design guidelines.

All new construction projects requiring design and site review shall comply with the North Todos Santos design guidelines, unless the city has adopted new guidelines applicable to this district. [Ord. 12-4. DC 2012 § 122-107].

18.35.070 Parking and drive aisle standards.
[NO AMENDMENTS TO THIS SECTION]

18.35.080 Findings.

Except for residential projects subject to Chapter 18.152 (Objective Design Standards), tThe review authority shall make the following findings for all building conversions, expansions, and new construction:

A. The conversion, expansion or new construction will not be disruptive to the North Todos Santos neighborhood regarding traffic generation, parking availability, and the scale of the proposed buildings in relationship to neighboring buildings; and

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Concord Municipal Code
Chapter 18.35 NORTH TODOS SANTOS DISTRICT
(NTS)

Page 4 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

B. Any exterior addition or changes maintain the dominant residential character of the original buildings and/or the surrounding area, consistent with the North Todos Santos design guidelines. [Ord. 12-4. DC 2012 § 122-109].

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Concord Municipal Code
Chapter 18.40 OFFICE AND COMMERCIAL

DISTRICTS (CO, CMX, NC, SC, AND RC)

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Chapter 18.40

OFFICE AND COMMERCIAL DISTRICTS (CO, CMX, NC, SC, AND RC) Sections:

18.40.010 Purpose.

18.40.020 Table 18.40.020 – Office and commercial districts – Allowed uses and permit requirements.

18.40.030 Table 18.40.030 – Office and commercial districts – Development standards.

18.40.010 Purpose.
[NO AMENDMENTS TO THIS SECTION]

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 DistrictLand Use
Classifications CO CMX NC SC RC
Additional Requirements
[NO AMENDMENTS TO PRECEEDING]
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 – – – CDC 18.152, Objective Design
Standards
Duplex ZC ZC – – – CDC 18.152, Objective Design
Standards
Multifamily ZC(7),UP ZC(7),UP ZC(7),UP(1) – – CDC 18.152, Objective Design Standards
Family Day Care Home
Small(14 or fewer
children)
ZC(5) 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 – – –
Exhibit D

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Concord Municipal Code
Chapter 18.40 OFFICE AND COMMERCIAL

DISTRICTS (CO, CMX, NC, SC, AND RC)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

CO CMX NC SC RC
Home-Based Business – ZC(5),AP ZC(2),AP – – CDC 18.200.050, Child day care facilities CDC 18.200.100, Home-based
business
Live/Work Unit – ZC(5) – – – CDC 18.200.110, Live/work or work/live units
Mixed-Use Projects ZC(8),UP ZC(8),APUP ZC(8),UP – – CDC 18.152, Objective Design Standards
CDC 18.200.140, Mixed-use projects
[NO AMENDMENTS TO PROCEEDING]

(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) Zoning Clearance required for multifamily projects when a project is located entirely on a parcel or parcels listed in the current Housing Element Sites Inventory that conform to objective development standards and Chapter 18.152 (Objective Design Standards). (8) Zoning Clearance required for mixed-use projects when a project is located entirely on a parcel or parcels listed in the current Housing Element Sites Inventory, with at least two-thirds of the total square footage designed for residential use, and conform to objective development standards and Chapter 18.152 (Objective Design Standards). [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].

18.40.030 Table 18.40.030 – Office and commercial districts – Development standards. [NO AMENDMENTS TO THIS SECTION OR TABLE]
Commented [MG1]: List consistently with less
requirements to more.

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Concord Municipal Code
Chapter 18.45 DOWNTOWN DISTRICTS (DP, DMX,

AND WMX)

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Chapter 18.45

DOWNTOWN DISTRICTS (DP, DMX, AND WMX)
Sections:

18.45.010 Purpose.

18.45.020 Table 18.45.020 – Downtown districts – Allowed uses and permit requirements.

18.45.030 Table 18.45.030 – Downtown districts – Development standards.

18.45.010 Purpose.
[NO AMENDMENTS TO THIS SECTION]

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
[NO AMENDMENTS TO PRECEEDING]
Dwelling, Dwelling Unit, Housing Unit
Single-Family,
Detached
– – –
Single-Family,
Detached – Small
Lot Subdivision
– – –
Single-Family,
Attached
– – – CDC 18.152, Objective Design Standards
Duplex – – – CDC 18.152, Objective Design Standards
Multifamily ZC(10)(12),UP(12) ZC(10),UP – CDC 18.152, Objective Design Standards Family Day Care Home,
Small Family Daycare
Home (14 or fewer
children)
–ZC –ZC – CDC 18.200.050, Child day care facilities
Family Day Care Home,
Large
– – – CDC 18.200.050, Child day care facilities
Group Housing – UP –
Exhibit E

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Concord Municipal Code
Chapter 18.45 DOWNTOWN DISTRICTS (DP, DMX,

AND WMX)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

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
Home-Based Business ZC(6), AP ZC(6) ,AP – CDC 18.200.050, Child day care facilities CDC 18.200.100, Home-based business
Live/Work Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units Mixed-Use Projects ZC(11),(12) UP ZC(11), UP –- CDC 18.152, Objective Design Standards CDC 18.200.140, Mixed-use projects
Mining and Quarrying – – –
(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) Zoning Clearance required for multifamily projects when a project is located entirely on a parcel or parcels listed in the current Housing Element Sites Inventory that conform to objective development standards and Chapter 18.152 (Objective Design Standards). (11) Zoning Clearance required for mixed-use projects when a project is located entirely on a parcel or parcels listed in the current Housing Element Sites Inventory, with at least two-thirds of the total square footage designed for residential use, and that conform to objective development standards and Chapter 18.152 (Objective Design Standards) (12) 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. [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].

18.45.030 Table 18.45.030 – Downtown districts – Development standards. [NO AMENDMENTS TO THIS SECTION OR TABLE]

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Concord Municipal Code
Chapter 18.50 BUSINESS PARK AND INDUSTRIAL

DISTRICTS (OBP, IBP, IMX, AND HI)

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Chapter 18.50

BUSINESS PARK AND INDUSTRIAL DISTRICTS (OBP, IBP, IMX, AND HI) Sections:

18.50.010 Purpose.

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements.

18.50.030 Table 18.50.030 – Business park and industrial districts – Development standards.

18.50.010 Purpose.
[NO AMENDMENTS TO THIS SECTION]

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 DistrictLand 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
– – – – CDC 18.152, Objective Design
Standards
Duplex – – – – CDC 18.152, Objective Design
Standards
Multifamily – – – – CDC 18.152, Objective Design
Standards
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), AP(5) – CDC 18.200.100, Home-based businesses
Live/Work Unit – – MP – CDC 18.200.110, Live/work or
work/live units
Exhibit F

Page 44 of 105 ends

Concord Municipal Code
Chapter 18.50 BUSINESS PARK AND INDUSTRIAL

DISTRICTS (OBP, IBP, IMX, AND HI)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

(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).
[Ord. 21-2 § 5 (Exh. G); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. F); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 5); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. H); Ord. 15-5 § 1; amended during 2014 recodification; Ord. 14-6 § 7; Ord. 13-5; Ord. 12-5; Ord. 12-

4. DC 2012 § 122-177].

18.50.030 Table 18.50.030 – Business park and industrial districts – Development standards. [NO AMENDMENTS TO THIS SECTION OR TABLE]

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Concord Municipal Code
Chapter 18.55 PUBLIC/QUASI-PUBLIC DISTRICT
(PQP)

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Chapter 18.55

PUBLIC/QUASI-PUBLIC DISTRICT (PQP)
Sections:

18.55.010 Purpose.

18.55.020 Table 18.55.020 – Public/quasi-public district – Allowed uses and permit requirements.

18.55.030 Public/quasi-public district – Development standards.

18.55.010 Purpose.
[NO AMENDMENTS TO THIS SECTION]

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.

Residential Uses
Bed and Breakfast Inn –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached –
Single-Family, Detached – Small Lot Subdivision –
Single-Family, Attached – CDC 18.152, Objective Design
Standards
Duplex – CDC 18.152, Objective Design
Standards
Multifamily – CDC 18.152, Objective Design
Standards
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 – CDC 18.152, Objective Design
Standards
Exhibit G

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Concord Municipal Code
Chapter 18.55 PUBLIC/QUASI-PUBLIC DISTRICT
(PQP)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

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 CDC 18.200.140, 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 –
Supportive Housing, Single-Family –
Transitional Housing, Multifamily –
Transitional Housing, Single-Family –
Work/Live Unit – CDC 18.200.110, Live/work or
work/live units
[Ord. 21-2 § 5 (Exh. H); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. G); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 9); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. I); Ord. 14-6 § 8; Ord. 12-4. DC 2012 § 122-200].

18.55.030 Public/quasi-public districts – Development standards. [NO AMENDMENTS TO THIS SECTION]

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Concord Municipal Code
Chapter 18.60 COMMUNITY LAND DISTRICTS (OS,

PR, RLC, WRC, AND CRP-GF)

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Chapter 18.60

COMMUNITY LAND DISTRICTS (OS, PR, RLC, WRC, AND CRP-GF) Sections:

18.60.010 Purpose.

18.60.020 Community land districts – Allowed uses and permit requirements.

18.60.030 Community land districts – Development standards.

18.60.010 Purpose.
[NO AMENDMENTS TO THIS SECTION]

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 DistrictLand Use
Classifications OS PR RLC WRC CRP-GF
Additional
Requirements
[NO AMENDMENTS TO PRECEDING]
Residential Uses
Bed and Breakfast Inn – – – – –
Dwelling, Dwelling Units, Housing Units
Single-Family,
Detached
– – ZC – –
Single-Family,
Detached – Small
Lot Subdivision
– – – – –
Single-Family,
Attached
– – – – – CDC 18.152,
Objective Design
Standards
Duplex – – – – – CDC 18.152,
Objective Design
Standards
Multifamily – – – – – CDC 18.152,
Objective Design
Standards
Family Day Care Home,
Small
– – ZC – – CDC 18.200.050,
Child day care
facilities
Exhibit H

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Concord Municipal Code
Chapter 18.60 COMMUNITY LAND DISTRICTS (OS,

PR, RLC, WRC, AND CRP-GF)

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

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
Family Day Care
Home, Large
– – MP – – CDC 18.200.050,
Child day care
facilities
Group Housing – – – – –
Home-Based Business – – ZC, AP – – CDC 18.200.100,
Home-based
businesses
Live/Work Unit – – – – – CDC 18.200.110,
Live/work or
work/live units
Mixed-Use Projects – – – – – CDC 18.152,
Objective Design
Standards
CDC 18.200.140,
Mixed-use
projects
[NO AMENDMENTS TO PROCEEDING]

[Ord. 21-2 § 5 (Exh. I); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. H); Ord. 19-2 § 6 (Exh. A); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 7); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. J); Ord. 14-6 § 9; Ord. 12-4. DC 2012 § 122-223].

18.60.030 Community land districts – Development standards. [NO AMENDMENTS TO THIS SECTION OR TABLE]

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Concord Municipal Code
Chapter 18.105 TRANSIT STATION OVERLAY

DISTRICT (TS)

Page 1 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

Chapter 18.105

TRANSIT STATION OVERLAY DISTRICT (TS)
Sections:

18.105.010 Purpose.

18.105.020 Applicability.

18.105.030 Land use regulations.

18.105.040 Development standards.
[NO AMENDMENTS TO PRECEDING SECTIONS]

18.105.040 Development standards.

A. Maximum Density. The maximum density allowed by the base district may be increased up to a maximum of 25 percent for multifamily residential and mixed-use projects with at least two-thirds of the square footage designated for residential use that meet the provisions of this cChapter 18.152 CDC (Objective Design Standards).

B. Maximum Floor Area Ratio (FAR). The maximum FAR allowed by the base district may be increased up to 25 percent for non-residential development projects that meet include a minimum of at least three of the following elements, the provisions of this chapter subject to a minor use permit, in accordance with Chapter 18.435 CDC (Minor Use Permits and Use Permits):

C. Minor Use Permit. A minor use permit shall be required to approve any increase in density or FAR, in accordance with Chapter 18.435 CDC (Minor Use Permits and Use Permits). The minor use permit shall only be granted if the project includes a minimum of at least three of the following elements:

1. Continuity of building facades along the street with no interruptions in the progression of building and uses except for pedestrian access.

2. Structured or underground parking with ground floor commercial uses that incorporate pedestrian friendly building design and amenities along the street frontages.

3. Pedestrian friendly street level building design amenities such as highly articulated facades with a variety of high quality materials and architectural detailing, visibility into buildings, awnings, paseos, or arcades, and signage oriented and scaled to the pedestrian, located directly behind the sidewalk.

4. Pedestrian amenities, including wide sidewalks, weather protection through building design, landscaping, fountains, public seating or other street furniture, public art, additional lighting, or other pedestrian amenities.

5. Residential uses over ground floor commercial uses that incorporate pedestrian friendly building design and amenities along the street frontages.

56. Contribution to transit-supportive facilities, such as a combination of shelters; benches; or direct connections to transit station or safe and secure bicycle storage and facilities that exceed the requirements of CDC 18.160.120 (Bicycle parking).

DC. Minimum and Maximum Parking Requirements. The parking requirements in Chapter 18.160 CDC (Parking, Loading, and Access) shall apply as follows:

1. Projects Near BART. CDC 18.160.050 provides for reductions to the required number of spaces for sites within one-half mile of a BART station.

2. Maximum Number of Parking Spaces. The number of parking spaces (for nonresidential uses) shall not exceed the prescribed number of spaces.

Exhibit I

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Concord Municipal Code
Chapter 18.105 TRANSIT STATION OVERLAY

DISTRICT (TS)

Page 2 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

3. Location of Parking. Off-street parking shall be located either underground in a parking structure with active storefronts and uses along the street frontages or in surface lots at the rear of buildings that can be accessed from the rear of the property. Off-street parking shall not be located between a building and a pedestrian route to the BART station.

D. Additional Standards for Non-Residential Developments. Non-residential developments and mixed-use developments with less than two-thirds of the of the square footage designated for residential use, shall comply with the following:

E1. Ground Floor Transparency. Exterior building walls facing any street frontage shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. No wall shall run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces.

F2. Lighting. Exterior lighting shall be provided for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks, and open areas with a safe level of illumination that avoids off-site glare.

G3. Improvements Between Buildings and the Street. The land between a building or exterior improvement and a street shall be landscaped with planters and/or hardscaped for use by pedestrians. If hardscaped, the area shall contain at least two pedestrian amenities such as benches, drinking fountains, and/or other design elements (public art, planters, and kiosks). Sidewalk cafes and buildings with ground floor residential are exempt from this requirement. [Ord. 12-4. DC 2012 § 122-273].

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Concord Municipal Code
Chapter 18.425 MINOR EXCEPTIONS

Page 1 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

Chapter 18.150

GENERAL DEVELOPMENT STANDARDS
Sections:

18.150.010 Purpose.

18.150.020 Applicability.

18.150.030 Exclusion of rights-of-way.

18.150.040 Fences and walls.

18.150.050 Frontage improvements.

18.150.060 Grading.

18.150.070 Height limits and exceptions.

18.150.080 Mechanical equipment screening.

18.150.090 Moving and relocation of buildings.

18.150.100 Open space and recreational facilities for residential development.

18.150.110 Outdoor lighting.

18.150.120 Outdoor storage.

18.150.130 Performance standards.

18.150.140 Setbacks.

18.150.150 Solid waste and recycling storage.

18.150.160 Swimming pools, hot tubs, and spas.

18.150.170 Traffic visibility at intersections and driveways.

18.150.180 Transitional requirements.
[NO AMENDMENTS TO PRECEDING SECTIONS]

18.150.030 Exclusion of rights-of-way.

All public or private rights-of-way, easements, or land offered for dedication for road or access purposes, and any portion of a flag or corridor access lot shall:

A. Be excluded from the gross lot area and shall not be included in the minimum net lot area required for a site, allowable density, lot coverage, or floor area ratio, unless the easement area can be used for purposes that are ancillary or incidental to the primary use of the property on which the easement is located; and B. Be excluded from the required setback area. All setbacks shall be measured from the edge of the public or private rights-of-way, easements, or land offered for dedication for road or access purposes, and any portion of a flag or corridor access lot. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-296]. [NO AMENDMENTS TO PROCEEDING SECTIONS]
Exhibit J

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Concord Municipal Code
Chapter 18.160 PARKING, LOADING, AND ACCESS

Page 1 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

Chapter 18.160

PARKING, LOADING, AND ACCESS
Sections:

18.160.010 Purpose.

18.160.020 Applicability.

18.160.030 General.

18.160.040 Parking requirements.

18.160.050 Adjustments to parking requirements.

18.160.060 Parking requirements for the DP and DMX districts.

18.160.070 Accessible parking requirements.

18.160.080 Garage and carport design and location requirements.

18.160.090 Parking design standards.

18.160.100 Additional standards for driveway access easements, curb cuts, parking lots, and structures.

18.160.110 Driveways and site access.

18.160.120 Bicycle parking.

18.160.130 Motorcycle parking.

18.160.140 Structured parking.

18.160.150 Off-street loading area requirements.

18.160.160 Parking and storage of recreational vehicles. [NO AMENDMENTS TO PRECEDING SECTIONS]

18.160.040 Parking requirements.
[NO AMENDMENTS TO PRECEDING]
F. Nonconforming Parking. No existing use or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided the facilities being used for off- street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter, and the intensity of the proposed use does not increase. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions:

1. Residential Uses.
a. No additional parking spaces shall be required, provided the change does not increase the floor area, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used to meet the parking or access requirements;
b. The review authority may waive the covered parking requirements when a nonconforming structure is proposed for rehabilitation if the review authority determines, through a minor use permit or use permit approval (see CDC 18.435.030 (Review authority)), that the existing structure location, lot size, or topography renders the requirement infeasible.

2. Nonresidential Uses. When an existing nonresidential structure is enlarged or increased in capacity or when a change or expansion in use requires more parking than is presently provided, parking spaces shall be provided for the entire structure in compliance with this chapter. a. When an existing nonresidential use is changed or results in an intensification of the use such that additional parking is required, the minimum amount of additional parking to be provided shall be the difference between the parking requirement for the new or intensified use and the parking requirement of the existing use.

Exhibit K

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Concord Municipal Code
Chapter 18.160 PARKING, LOADING, AND ACCESS

Page 2 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023. b. When an existing nonresidential use is expanded, the minimum amount of additional parking to be provided shall be based on the square footage of the expansion.

Table 18.160.040
Parking Requirements by Land Use
Land Use Type Parking Spaces Required
Residential Uses
Existing homes:
2 spaces, at least 1 covered, none within required front yard setback, except as provided in CDC 18.160.050(F).

Additions to existing homes:

All existing homes shall provide 2 spaces, at least 1 covered, none within required front yard setback, prior to the construction of additional bedrooms. No additional off-street parking shall be required unless the addition does not conform to lot coverage, building height, and setback requirements, in which case additional off- street parking shall be provided as follows:
5 – 6 bedrooms – 1 additional space (2 covered), 3 total > 6 bedrooms – 2 additional spaces (3 covered), 4 total New homes:
4 bedrooms or less, at least 2 enclosed garage spaces (may be tandem) 5 – 6 bedrooms, 3 spaces, at least 2 enclosed garage spaces Single-Family
> 6 bedrooms, 4 spaces, at least 3 enclosed garage spaces Accessory Dwelling Unit No greater than 1 space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. As required by CDC Section 18.200.180, Accessory dwelling units.

1.5 spaces/studio or 1 bedroom unit
2 spaces/2 – 4 bedroom unit; additional 0.5 space/bedroom for 4 – 5 or more bedrooms Duplex
Every unit shall have 1 dedicated covered space
Except when state law or this Title allows a reduction to these requirements, multifamily residential shall provide parking as follows:
1 space/studio unit

1.5 spaces/1 bedroom unit
2 spaces/2 – 3 bedroom unit; additional 0.5 space/bedroom for 4 or more bedrooms 1 guest space/each 3 units
Multifamily
Every unit shall have at least 1 dedicated covered space [NO AMENDEMENTS TO PROCEEDING]
[Ord. 21-2 § 5 (Exh. J); Ord. 17-11 § 3 (Exh. 13); Ord. 17-6 (Exh. A); Ord. 17-5 § 2 (Exh. D); Ord. 17-2 § 2 (Exh. M); Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-385].

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Concord Municipal Code
Chapter 18.160 PARKING, LOADING, AND ACCESS

Page 3 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

18.160.050 Adjustments to parking requirements.

The number of parking spaces required by Table 18.160.040 may be reduced in accordance with the provisions of this section or as required by state law.

A. Projects in the Transit Station Overlay District. For nonresidential uses, if the project is located within one-half mile of a BART station, the number of parking spaces may be reduced by 25 percent of the required number of spaces in Table 18.160.040.

B. Restricted Senior or Special Needs Housing Projects. The review authority may reduce the number of spaces required by Table 18.160.040 for senior or special needs housing projects, based on quantified information provided by the applicant that documents the need for fewer spaces. If a reduction is approved, a restriction shall be recorded prohibiting the property from converting to general market housing unless additional parking is provided consistent with the requirements of Table 18.160.040.

C. Shared On-Site Parking. Where two or more adjacent nonresidential uses have distinct and different peak hours of parking demand (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed through a minor use permit. The reduction shall be in accordance with the following:

1. The amount of reduction shall be determined based on quantitative information provided by the applicant that documents the number of spaces required for each use and the peak hours of parking demand for each use;

2. Approval shall require a recorded restriction running with the land, guaranteeing that the required parking will be maintained exclusively for the specified uses;

3. Any change to the uses or the hours of operation or peak demand shall be subject to city approval and additional parking facilities may be required if the change to a use will create a greater demand for parking; and

4. The city may require parking facilities in addition to those originally approved upon a finding by the review authority that adequate parking to serve the use has not been provided.

D. Off-Site Parking. Required parking may be located in a common or shared parking facility up to 300 feet away from the site of the proposed use, measured from the nearest corner of the parking facility to the main entrance via the shortest pedestrian route, subject to approval by the planning division, if a shuttle or similar means of transportation is provided between the parking facility and the use.

1. Evaluation. The review authority shall consider the distance between the parking area and the proposed use to determine if the off-site facility will satisfy the parking needs of the proposed use.

2. Parking Agreement. Off-site parking on private property shall only be approved if there is an agreement between the landowner of the parking lot and the use it serves. The agreement shall provide a guarantee that the required spaces will be maintained and reserved for the uses served for as long as such uses are in operation.

3. Recorded Documents. A copy of the agreement recorded in the county recorder’s office shall be provided to the city.

4. Effect of Termination of Agreement. Upon notification that a lease for required off-site parking has terminated, the planning division shall determine a reasonable time in which one of the following shall occur:
a. Substitute parking is provided that is acceptable to the planning division; or b. The size or capacity of the use is reduced in proportion to the parking spaces on the lot.

5. Parking Agreements for Underutilized Parking Lots. Where 20 percent or more of a development’s parking spaces are not occupied during the period that the parking is proposed to be shared by another user, group, development, or the public, said parking spaces may be shared and counted towards required parking through a shared parking agreement prepared and approved in accordance with Government Code Section 65863.1. The shared parking agreement shall be recorded on all properties providing the required parking.

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Concord Municipal Code
Chapter 18.160 PARKING, LOADING, AND ACCESS

Page 4 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

E. Valet Parking. The review authority may modify the parking requirements required by this chapter (e.g., to allow tandem parking) in the case of a use proposed to have permanent valet parking.

F. Religious Institution Affiliated Housing Development Project. Parking reductions are allowed in conformance with Government Code Section 95913.6.

F. Single-Family Residential Covered Parking. In order to encourage continued owner-occupancy and investment in small, older single-family dwellings, the planning division may grant an exception to the requirement for covered parking where an existing garage or carport is proposed to be converted to dwelling space, subject to an administrative permit approval in accordance with Chapter 18.420 CDC (Administrative Permits); provided, that all of the following findings are made:

1. That new construction to provide covered parking is:
a. Not feasible due to setback requirements; or
b. Incompatible with the function or appearance of the residence or its surroundings.

2. That the existing living area of the residence is a maximum of 1,500 square feet, exclusive of covered parking area.

3. That existing uncovered paved off-street parking spaces not be reduced, and that in any case at least one off-street space shall remain on the site.

4. That the granting of such exception will not impair safe and convenient vehicular movement in the adjacent residential area.

G. Electric vehicle charging and hydrogen-fueling stations. In accordance with Government Code Section 65850.7, existing on-site parking may be reduced for the construction of electric vehicle charging or hydrogen-fueling stations, and are not required to be replaced unless the loss of parking results in a specific, adverse impact upon the public health or safety, as determined by the Chief Building Official or designee.

Where the Chief Building Official or designee finds a parking reduction will result in an adverse impact, replacement parking may be required subject to a use permit in accordance with Chapter 18.435 (Minor Use Permits and Use Permits).

H. Compliance with Americans with Disabilities Act. Parking may be reduced in any amount the Chief Building Official finds to be reasonable to provide parking, ramps, path of travel, and other improvements necessary to comply with the Americans with Disabilities Act.

GI. Other Adjustments. For other uses that can demonstrate that due to special circumstances, such as the nature of the use, proximity to transit, transportation characteristics of the use, or implementation of a transportation demand management program, there will be a reduced demand for parking at the site, the net number of parking spaces required by Table 18.160.040 (which would also include any parking space(s) satisfied by payment of an in-lieu parking fee) may be reduced by up to 25 percent. Reductions may be allowed subject to a use permit, as follows:

1. The parking demand study, as directed by the city, substantiates the need for less parking (e.g., documentation of customer frequency, information on parking standards required for the proposed use by other cities, etc.) than required in Table 18.160.040;

2. The applicant has demonstrated that the project could provide additional parking if long-term parking demand requires additional parking; and

3. Parking demand generated by the project will not have a detrimental impact on the on-street parking in the surrounding area. [Ord. 17-6 (Exh. A); Ord. 13-5; DC 2012 § 122-386]. [NO AMENDMENTS TO INTERVENING SECTIONS]

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Concord Municipal Code
Chapter 18.160 PARKING, LOADING, AND ACCESS

Page 5 ends

The Concord Municipal Code is current through Ordinance 23-8, passed October 3, 2023.

18.160.090 Parking design standards.

Required off-street parking for multifamily or nonresidential uses shall be designed and constructed in compliance with this section.

A. Location of Parking Areas. Off-street parking for multifamily or nonresidential uses shall be located on the same site as the use served, with reasonable access to and from the use for which the spaces are required, except as provided in CDC 18.160.050 (Adjustments to parking requirements), or other requirements of this chapter.

B. Parking Stall and Aisle Dimensions. Parking spaces and aisles shall meet the minimum dimensions as shown in Tables 18.160.090(A) and (B). Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

1. Standard Parking Spaces. Each parking stall space shall have a minimum dimension of nine feet wide by 19 feet long, in compliance with the requirements in Table 18.160.090(A). All parallel parking spaces shall have a minimum dimension of nine feet wide by 24 feet long.

Table 18.160.090(A)
Standard Parking Space and Aisle Dimensions
Angle of Parking Stall Width Curb Length Per
Stall Stall Depth One-Way Aisle
Width
Two-Way Aisle
Width
Parallel 9 feet 0 inches 23 feet 0 inches 9 feet 0 inches 12 feet 24 feet 45° 9 feet 0 inches 12 feet 9 inches 19 feet 10 inches 14 feet 20 feet 60° 9 feet 0 inches 10 feet 5 inches 21 feet 0 inches 18 feet 20 feet 90° 9 feet 0 inches 9 feet 0 inches 19 feet 0 inches 23 feet 24 feet

2. Compact Parking Spaces. On sites with a minimum of 10 parking spaces, no greater than 25 percent of the required number of spaces or total number of spaces provided, whichever is less, may be compact spaces with a minimum dimension of eight feet by 16 feet, in accordance with the following:
a. Compact spaces shall be dispersed throughout the parking lot, and no more than four spaces shall be located grouped together, with a minimum of four feet of separation between grouped compact spaces located in the same row of parking;
b. In single-family or duplex residential parking areas, all required covered parking spaces shall be standard size; and
c. All compact spaces shall be so designated with a pavement marking. [NO AMENDMENTS TO PROCEEDING]

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Concord Municipal Code
Chapter 18.200 STANDARDS FOR SPECIFIC USES

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Chapter 18.200

STANDARDS FOR SPECIFIC USES
Sections:

18.200.010 Purpose.

18.200.020 Applicability.

18.200.030 Accessory structures.

18.200.040 Alcoholic beverage sales.

18.200.050 Child day care facilities.

18.200.060 Drive-through facilities.

18.200.070 Emergency and homeless shelters.

18.200.080 Entertainment uses.

18.200.090 Gas stations and car washes.

18.200.100 Home-based businesses.

18.200.110 Live/work or work/live units.

18.200.120 Manufactured homes.

18.200.130 Mechanical and electronic games.

18.200.140 Mixed-use projects.

18.200.150 Mobile home parks.

18.200.160 Outdoor sales and displays.

18.200.170 Recycling facilities.

18.200.180 Accessory dwelling units.

18.200.190 Sidewalk cafes and outdoor eating areas.

18.200.200 Temporary uses and structures.

18.200.210 Food vendor group sites.

18.200.220 Convenience stores.

18.200.230 Lot consolidation incentive program.
[NO AMENDMENTS TO PRECEDING SECTIONS]

18.200.050 Child day caredaycare facilities.

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), child day care facilities, including small and large family day care homes, child day care centers, nursery schools, and preschools, shall comply with the requirements of this section.

A. Purpose. The following requirements provide location and operational standards for child day care facilities, in compliance with state law, to recognize the needs of childcare providers and minimize effects on adjoining properties. All facilities shall be licensed in compliance with the requirements of the California Department of Social Services.

B. Applicability and Permit Requirements. Child day care facilities shall be allowed as follows:

1. Small Family Day Care Home (Eight or Fewer Children). (See CDC 18.20.020, “Family day care home.”) A small family day care home shall be allowed within a single-family residence when operated by a resident of the property. The small family day care home shall be in addition to the residential use of the property.

2. Large Family Day Care Home (Seven to 14 Children). (See CDC 18.20.020, “Family day care home.”) A large family day care home shall be allowed within a single-family residence, when operated by a resident of the property. The large family day care home shall be in addition to the residential use of the property. Family daycare home (14 or fewer children). Family daycare homes operating in accordance with Health and Safety Code Section 1596.78, shall be considered a residential use of property and permitted by-right in all zoning districts where residential uses are allowed.

Exhibit L

Page 58 of 105 ends

Concord Municipal Code
Chapter 18.200 STANDARDS FOR SPECIFIC USES

Page 2 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

32. Child Day Care Center, Preschool, or Nursery School (15 or More Children). Child day care centers, preschools, or nursery schools shall be allowed subject to the permit specified by Division II of this title (Zoning Districts – Uses and Standards).

C. Permit Requirements.

1. Small Family Day Care Home. The use of a single-family residence as a small family day care home shall be considered a residential use of property for the purposes of the development code, and no permit shall be required.

2. Large Family Day Care Home. The use of a single-family residence as a large family day care home shall be considered a residential use of property for the purposes of the development code and shall be allowed if operated in compliance with the applicable requirements of this section, subject to first obtaining an administrative permit in accordance with Chapter 18.420 CDC (Administrative Permits), except as follows:
a. Not less than 10 calendar days following the date a decision is made on the application, the planning division shall give notice of the decision by mail or delivery to the applicant and all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home, in accordance with CDC

18.500.040 (Exception to required public hearing);
b. The notice shall provide the date of the decision on the administrative permit and the date by when the decision may be appealed in accordance with the procedures and requirements of Chapter

18.510 CDC (Appeals and Calls for Review);
c. The notice shall provide the location where the administrative permit and related records are available to the public;
d. For an appeal involving a large family day care home only, the notice of hearing which is required to be provided by any other section of the development code shall be limited to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home. Notwithstanding any other provision of the development code, such notice shall not be provided to owners of property beyond such 100-foot radius.

3. Child Day Care Center, Preschool, or Nursery School. Child day care centers, preschools, or nursery schools shall be allowed subject to the permit required by Division II of this title (Zoning Districts – Uses and Standards).

D. Requirements for Large Family Day Care Homes. An administrative permit shall be approved for a large family day care home that meets the following:

1. Parking and Loading.
a. A minimum of one off-street parking space per employee; b. Nonresident employee parking shall be in addition to the off-street parking required for the residential use. Driveways may be used for employee parking, provided the driveway is no less than 18 feet in length, measured from the property line or back of sidewalk, whichever is less; and c. A safe area for pick-up and delivery of children shall be provided. This area shall only be allowed in a driveway, in an off-street parking area, or other on-site area with direct access to the facility.

2. Noise. The location of the facility, including outdoor play areas, shall be sited to minimize noise impacts on neighboring properties. Noise levels shall comply with the standards identified in the general plan.

Page 59 of 105 ends

Concord Municipal Code
Chapter 18.200 STANDARDS FOR SPECIFIC USES

Page 3 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

3. Spacing and Concentration. The facility is not within 100 feet of any other such licensed facility.

4. The primary use of the home is as a residence.

5. The facility meets all applicable state licensing requirements.

EC. Requirements for Child Day Care Centers, Preschools, and Nurseries. The following findings shall be made for approval of a minor use permit for a child day care center, preschool, or nursery school, in addition to the findings required in Chapter 18.435 CDC (Minor Use Permits and Use Permits):

1. The facility complies with the parking and loading requirements in Chapter 18.160 CDC (Parking, Loading, and Access);

2. The facility meets applicable state licensing requirements;

3. Drop-off facilities avoid interference with traffic and promote the safety of children;

4. The facility meets applicable fire and building codes;

5. The location of the facility, including outdoor play areas, is sited to minimize noise impacts on neighboring properties and noise levels comply with the standards identified in the general plan;

6. Outdoor play areas are enclosed by a natural barrier, wall, solid fence, or other solid structure at least six feet in height.

FD. Appeals. Any interested person may appeal the decision on the minor use permit or use permit in accordance with the provisions of Chapter 18.510 CDC (Appeals and Calls for Review). [Ord. 17-5 § 2 (Exh. E); Ord. 13-5; Ord. 12-4. DC 2012 § 122-618].
[NO AMENDMENTS TO PROCEEDING SECTIONS]

18.200.140 Mixed-use projects.

A. Purpose. Where allowed by Division II of this title, Zoning Districts – Uses and Standards, vertical mixed-use projects and projects in mixed-use districts (downtown pedestrian, downtown mixed-use, and commercial mixed- use) shall comply with the requirements of this section, except where state law limits the city’s enforcement of design standards to objective standards and Chapter 18.152 (Objective Design Standards). [NO AMENDMENTS TO PROCEEDING SUB-SECTIONS AND SECTIONS]

Page 60 of 105 ends

Concord Municipal Code
Chapter 18.410 ZONING CLEARANCE

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Chapter 18.410

ZONING CLEARANCE
Sections:

18.410.010 Purpose.

18.410.020 Applicability.

18.410.030 Review and decision.

18.410.010 Purpose.

This chapter establishes the procedure used by the city to verify that a new or expanded proposed structure or use complies with the permitted list of activities allowed in the applicable zoning district and the development standards applicable to the use. [Ord. 12-4. DC 2012 § 122-887].

18.410.020 Applicability.

A. Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code specify a zoning clearance determination as a prerequisite to establishing a new land use, the zoning clearance review may shall be determined conducted prior or subsequent to the filing of at the time of planning division review of any, building, grading, or other construction permit, business license, or other authorization required for the proposed use.

B. The zoning clearance shall be determined before any structure may be altered, constructed, erected, moved, or repaired, or before any vacant land may be used or changed in use.

C. The zoning clearance shall be determined before a building permit or any other required city approval may be issued or granted.

D. Issuance of a business license does not require a zoning clearance or other permit from the planning division.

However, obtaining a zoning clearance determination from the planning division will establish that the proposed activity complies with the use regulations of the development code and will provide a certainty to potential business owners/operators. The zoning clearance determination will specify that: (1) the use is in conformance with the provisions of this title; (2) the use is allowed; or (3) other permits, such as a use permit or design and site review, are not required. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-888].

18.410.030 Review and decision.

A. A zoning clearance will only be determined when the planning division has received all information required to finds that the request complies with all development code provisions applicable to the proposed use or structure.

B. When the planning division determines that a new or expanded proposed structure is in conformance with applicable standards, Tthe zoning clearance determination may be documented by a stamp, city staff signature, or other official notation on approved plans, or other certification. If there is no business license or other permit required, no additional documentation is required for a zoning clearance determination. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-889].

C. A zoning clearance determination may be requested in writing in accordance with Chapter 18.10 (Title, Purpose, Applicability, and Interpretation) and appealable in accordance with Chapter 18.510 (Appeals and Calls for Review).

Exhibit M

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The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Chapter 18.415

DESIGN AND SITE REVIEW
Sections:

18.415.010 Purpose.

18.415.020 Applicability.

18.415.030 Exemptions.

18.415.040 Discretionary review authority.

18.415.050 Application.

18.415.060 Design review board.

18.415.070 Scope.

18.415.075 Ministerial design review.

18.415.080 Discretionary design review criteria.

18.415.090 Discretionary review.

18.415.100 Discretionary decision and findings.

18.415.110 Post-decision procedures.
[NO AMENDMENTS TO PRECEDING SECTIONS]

18.415.030 Exemptions.

The following improvements are exempt from design and site review:

A. The continuation of a previously approved or permitted use and structure; B. Individual tenants within a multi-tenant commercial building or commercial center that has not been more than 50 percent vacant for a continuous period of over one year when the use is consistent with a previously approved use permit or other discretionary permit;
C. Projects that do not require a building permit, including accessory buildings less than 120 square feet in area; D. Additions and alterations to individual existing residential dwellings and structures that do not increase the floor area of the building or total building footprint by more than 50 percent over a three-year period, which are not subject to the requirements in Chapter 18.300 CDC (Hillside Protection); E. Exempt signs, as identified in Chapter 18.180 CDC (Signs); F. Individual signs conforming to a master sign program approved in compliance with Chapter 18.180 CDC (Signs); G. Individual signs replacing existing legal signs where the new sign is smaller or the same size as the existing sign and complies with Chapter 18.180 CDC (Signs);
H. Temporary structures or buildings which are intended to be and are used in connection with an approved temporary use such as the sale of Christmas trees or pumpkins in accordance with this division, and that remain on the site only for the temporary period specified for such use; I. Single-family homes except as identified in CDC 18.415.020(A)(8); J. Accessory dwelling units unless required by CDC 18.200.180; K. Any future state law or city regulations that require ministerial approval for residential or mixed-use projects; L. Emergency shelters and group housing, including single-room occupancy (SRO) developments that comply with applicable objective design standards;
Exhibit N

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The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

M. Residential development projects that conform to objective design standards; N. Residential development on sites previously identified in past housing elements in which at least 20 percent of the units are affordable to lower income households in accordance with the specification of Government Code Section 65583.2(c), and which conform to objective design standards; and O. Residential development eligible for ministerial approval under the California HOME Act (SB 9), Government Code Sections 65852.21 and 66411.7. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-903].

P. Mixed-use projects with at least two-thirds square footage designated for residential use, and that conform to applicable objective development standards and Chapter 18.152 (Objective Design Standards). [NO AMENDMENTS TO PROCEEDING SECTIONS]

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Concord Municipal Code
Chapter 18.540 ENFORCEMENT

Page 1 ends

The Concord Municipal Code is current through Ordinance 24-2, passed February 13, 2024.

Title 5
BUSINESS LICENSES AND REGULATIONS1
Chapter 5.05

BUSINESS LICENSES
[NO CHANGES TO PRECEDING SECTIONS]

5.05.090 Exemptions.
(a) Nothing in this article shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such taxes as are herein prescribed.
(b) Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the law and facts upon which exemption is claimed, and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this article. (c) The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this article. (d) The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.
(e) The following person(s) or individual(s) shall be exempt from paying a business license tax:
(1) Full-time students under the age of 18 years having an annual gross income of less than $3,600.00. (2) Senior citizens (age 62 and above) who engage in part-time work from their residence and whose annual gross income from this business is less than $3,600.00. (3) Veterans honorably discharged or honorably relieved from the Armed Forces of the United States and are residents of California and sole proprietor of the business, in accordance with Cal. Business and Professions Code §16001.
(4) Operators of Family Daycare Homes (up to 14 children) where allowed by CMC Title 18, Development Code, and operating in compliance with Cal. Health & Safety Code §1597. (Code 1965, § 6108; Code 2002, § 18-39. Ord. No. 836; Ord. No. 1135) [NO CHANGES TO PROCEEDING SECTIONS]
Exhibit O

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Meridian Park Boulevard
Mt Diablo Street
De
troitAvenue
Fr
yWa
y
San
M
iguel Ro
ad
Gate
wayBoule
vard
Market Street
Pacheco
Stree
t
Bonifacio Street
Concord Avenue East
Street
Ga
lind
oStreet
Clayton R
oad
Sunset Aven
ue Concord Boulevard
Cowell Road
Salvi
o Stre
et
ChallengeDrive
Willow Pass Road
Parks
ide
Driv
e
Port C
hicag
o
Hi
ghway
Mesa Stree
t
Laguna Street
Broadway
Street
Mea
dow
La
ne
Oak
land Av
enue
Grant Str
eet
Colfax Street
Galaxy Way
Monum
ent
Boulevard
Housing Sites Inventory
I
0 650 1,300325
Feet
S:\MapRequest\CED\Planning\Housing\HousingSitesPlanningCommissionZones\HousingSitesPlanningCommissionZones.aprx Map Created: 7/9/2024
By GIS Division of Information Technology
Legend
Housing Sites
Downtown Mixed Use (DMX) 37
Site Count:

Attachment 2

Page 65 of 105 ends

Concord Blvd
Detroit A
ve
TreatBlv
d
Market St
Monumen
tBlvd
Concord Ave
Gali
ndoSt
Willow Pass Rd
Cowell Rd
Port C
hicago
Hwy
OakGrove
Rd
Clayton Rd
Meadow Ln
Ygnacio Valley Rd
Housing Sites Inventory
I
0 1,000 2,000500
Feet
S:\MapRequest\CED\Planning\Housing\HousingSitesPlanningCommissionZones\HousingSitesPlanningCommissionZones.aprx Map Created: 7/9/2024
By GIS Division of Information Technology
Legend
Housing Sites
Commercial Mixed Use (CMX) 50
Site Count:

Page 66 of 105 ends

Concord Boulevard
Willow
Pass Road
Coventry Road
Walnut Avenue
Clayton Road
Mt Diablo Street
Oakland Avenue
Laguna Street
Parks
ide
Drive
Chestnut Avenue
Housing Sites Inventory
I
0 375 750187.5
Feet
S:\MapRequest\CED\Planning\Housing\HousingSitesPlanningCommissionZones\HousingSitesPlanningCommissionZones.aprx Map Created: 7/9/2024
By GIS Division of Information Technology
Legend
Housing Sites selection
Community Office (CO) 4
Site Count:

Page 67 of 105 ends

Clayton Road
Gal
ind
o
Street
Concord Boulevard
Pacheco Street
Bonifacio Street
Gran
t S
tree
t
Willow Pass Road
Sunset Avenue
East Street
Po
rtChi
ca
go H
ig
hw
ay
Salvio Street
Mt
Diablo
Street
Colfax Street
Concord Avenue
Housing Sites Inventory
I
0 225 4501 12.5
Feet
S:\MapRequest\CED\Planning\Housing\HousingSitesPlanningCommissionZones\HousingSitesPlanningCommissionZones.aprx Map Created: 7/9/2024
By GIS Division of Information Technology
Legend
Housing Sites
Downtown Pedestrian (DP) 4
Site Count:

Page 68 of 105 ends

A¿
Grant S
treet
Solano Way
Highland D
rive
Housing Sites Inventory
I
0 225 450112.5
Feet
S:\MapRequest\CED\Planning\Housing\HousingSitesPlanningCommissionZones\HousingSitesPlanningCommissionZones.aprx Map Created: 7/9/2024
By GIS Division of Information Technology
Legend
Housing Sites
Neighborhood Commerical (NC) 1
Site Count:

Page 69 of 105 ends

Municipal Code Amendment
(PL24066 – MC)
CITY COUNCIL PUBLIC HEARING ITEM 6.B
AUGUST 13, 2024
PRESENTED BY: FRANK ABEJO, PRINCIPAL PLANNER

Page 70 of 105 ends

2 Introduction
• Amendments to Title 18 (Development Code) and
T
itle 5 (Business Licenses and Regulations)
Fully implement Housing Element (HE) Program

15.2 and a part of HE Program 16.1
Conform with state law
Clarify and/or improve review processes

Page 71 of 105 ends

• September 2023. The Council adopted an Ordinance approving th
e Housing Acceleration Development Code Amendment to
partially implement HE Program 15.2 and conform with Senate Bill 330 (SB 330)
The 2023 Amendment excluded mixed-u
se projects from
ministerial design and site review in conflict with SB 330 3 Background

Page 72 of 105 ends

• HE Program 15.2:

A
mend 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.
4 Background

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HE Program 15.2 implementation approach:
•Amend Design and Site Review process to include
minis
terial review for mixed-use projects
•Amend land use tables to allow by-rig ht approval for
Multifamily and Mixed-Use Projects when the project is
located: 1) in a mixed-use district and 2) entirely on a parcel/parcels identified in the Housing Element Sites
Inventory
5 Background

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HE Program 15.2 implementation approach:
•Amend Transit Station Overly District to allow 25 percent de
nsity increase by-right for multifamily and mixed-use
projects that conform to objective standards
•Delegate authority to staff to add sites to the 2023-2031 Ho
using Element Sites Inventory to ensure the City
maintains adequate capacity to meet its RHNA for all
income levels
6 Background

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•HE Program 16.1:

A
mend the Development Code by December 2024 as
required by State law (AB 1851) to identify a process
by which parking requirements can be reduced for
religious institutions in exchange for housing
development and develop regulations to facilitate tiny
homes/cottage production or other housing
opportunities on religious institution sites
7 Background

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•July 17, 2024. T he Commission recommended City
Council approve (4-0 vote: Corio, Laub, Barbour,
Mizutani; Kaushal recused) an Ordinance amending
Concord Municipal Code, Title 18 (Development Code).
Commission did not consider amendments to Title 5
(
Business Licenses and Regulations)
No public comments
8 Background

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Mixed-use Districts
and HE Sites Map
(Attachment P)
Mixed Use Districts
• NTS (North Todos Santos)
• CO (Commercial Office)
• CMX (Commercial Mixed
Use)
• NC (Neighborhood
Commercial)
• DP (Downtown Pedestrian)
• DMX (Downtown Mixed
Use)
HE Sites
• 96 sites located in these
districts
• 87 sites located in CMX and
DMX

Page 78 of 105 ends

State laws
• Assembly Bill (AB) 894 requires allowing underutilized parking f
acilities to be shared between more than one development • AB 1308 prohibits increasing the minimum parking requirement a
s a condition of approving single-family residential remodels and additions
• AB 1851 and AB 2244 prohibits requiring the replacement of r
eligious-use parking eliminated by a religious institution affiliated housing development
10 Background

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State laws
• AB 1236 and AB 970 limits local agencies’ review of electric v
ehicle charging stations and hydrogen-fueling stations to standards related to public health or safety
• AB 498 exempts eligible veterans from paying local business lic
ense fees if the veteran is the sole proprietor of a business • Senate Bill (SB) 234 requires treating licensed large family daycare h
omes as a residential use of property permitted by right and exempt from local permitting requirements
11 Background

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Clarification and Improvements to Review Processes
•Parking regulations including non-c onforming parking, standards for disbursing compact spaces, and residential garage conversions
•Zoning Clearance review
•Inclusion of easement areas in net parcel area
12 Background

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General Modifications
• Consolidate small and large Family Day Care Homes into a single use c
lassification in all land zoning district land use tables, require a Zoning Clearance review, and remove reference to child day care facility requirements (state law)
• Amend land use tables for the Home-B
ased Business classification to
note a Zoning Clearance or Administrative Permit review, and replace reference to day care facility requirements with reference to home- based business requirements (state law, clarification/process improvements)
13 Proposed Amendment

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General Modifications
• Amend land use tables to add Chapter 18.152 (Objective Design S
tandards), as an additional requirement for residential developments and mixed-use developments that are not exempt from ODS (state law, clarification/process improvement) 14 Proposed Amendment

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Chapter 18.20 (General Terms) – Attachment B
• Amend Section 18.20.020, Use classifications, to consolidate small and la
rge Family Day Care Homes into a single use classification (state law) • Add definitions of small and large Family Day Care Home to Section 1 8.20.030, Definitions (clarification/process improvement) • Amend definition of “Multifamily” in Section 18.20.030, Definitions, to qual
ify that multifamily structures contain more than two dwelling units to eliminate overlap with the “Duplex” definition (clarification/process improvement)
15 Proposed Amendment

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Chapter 18.35 (North Todos Santos District) – Attachment D • Modify land use table to allow zoning clearance review of new M
ultifamily projects (HE Program 15.2)
• Exclude residential projects from floor area ratio (FAR) r
equirements (clarification/process improvement)
• Remove Sections 18.35.040(A) and -0 50 to eliminate ambiguity and conflicts on conditional use permit requirements triggered by building expansions and permitting requirements for the use (clarification/process improvement)
16 Proposed Amendment

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Chapter 18.35 (North Todos Santos District) – Attachment D • Modify Section 18.35.040(B) to remove references to density and F
AR for residential uses (clarification/process improvement) • Remove incorrect reference to CDC 18.200.050 Child day care f
acilities for Group Housing in Table 18.35.020
(clarification/process improvement)
17 Proposed Amendment

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Chapter 18.40 (Office and Commercial Districts) – Attachment E • Modify land use table to allow zoning clearance review for M
ultifamily and Mixed-Use Projects (HE Program 15.2)
• Elevate the permit requirement for Mixed-U se Projects from an administrative permit to a use permit in the CMX district (clarification/process improvement)
18 Proposed Amendment

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Chapter 18.45, Downtown Districts – Attachment F
• Modify land use table to allow zoning clearance review for M
ultifamily and Mixed-Use Projects (HE Program 15.2)
• Prohibit ground-f loor residential in the DP district on properties directly facing Todos Santos Plaza (clarification/process improvement)
19 Proposed Amendment

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Chapter 18.105, Transit Station Overlay District (TS) – Attachment J • Modify Section 18.105.040 to allow by-r ight approval of density increases for Multifamily and Mixed-Use Projects (HE Program 15.2) • Specify FAR increases apply to non-r esidential projects (clarification/process improvement)
• Specify that standards related to ground floor transparency, lighting, and i
mprovements apply to non-residential projects and mixed-use projects with less than two-thirds residential use. (state law, clarification/process improvement)
20 Proposed Amendment

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Chapter 18.150, General Development Standards – Attachment K • Modify Section 18.150.030 to allow easement areas used for p
urposes that are ancillary or incidental to the primary use of the property on which the easement is located to count towards the net parcel area (clarification/process improvement)
21 Proposed Amendment

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Chapter 18.160 (Parking, Loading, and Access) – Attachment L • M odify Table 18.160.040 to exempt single- family additions that meet zoning requirements for lot coverage, building height, and setback from providing additional parking (state law)
• Modify Section 18.160.040(F) to require new uses or building e
xpansions on sites with nonconforming parking to provide additional parking based on the difference between the parking requirement of the previous use and new use, or the square footage of the expansion (clarification/process improvement) 22 Proposed Amendment

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Chapter 18.160 (Parking, Loading, and Access) – Attachment L • Replace ADU parking requirements with a reference CDC Section 1 8.200.180, Accessory dwelling units (state law,
clarification/process improvement)
• Modify Section 18.160.050, to allow adjustments to parking when a
llowed by state law in general (state law)
• Modify Section 18.160.050(D) to remove the shuttle requirement f
or shared parking facilities (clarification/process improvement) 23 Proposed Amendment

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Chapter 18.160 (Parking, Loading, and Access) – Attachment L • Allow sharing of underutilized parking lots to count towards r
equired parking through a recorded shared parking agreement prepared and approved in accordance with state law (state law) • Prohibit replacement of religious-u se parking spaces eliminated in connection with a religious institution affiliated housing development in accordance with state law (state law)
24 Proposed Amendment

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Chapter 18.160 (Parking, Loading, and Access) – Attachment L • Allow parking reductions to accommodate electric vehicle c
harging and hydrogen-refueling stations (state law)
• Allow parking reductions to accommodate Americans with D
isabilities Act improvements (federal law, clarification/process improvement)
• Remove process for converting covered parking to non-A DU habitable space (clarification/process improvement)
25 Proposed Amendment

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Chapter 18.200 (Standards for Specific Uses) – Attachment M • Modify Section 18.200.050 by removing standards and permitting r
equirements for Family Day Care Homes (state law)
• Modify Section 18.200.140 to clarify that the requirements for M
ixed-Use Projects do not apply to projects where state law limits the City’s review to objective development and standards (state law)
26 Proposed Amendment

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Chapter 18.410, Zoning Clearance – Attachment N
• Specify zoning clearance review may be conducted prior or subsequent t
o the filing of a permit or other authorization required by the City (clarification/process improvement)
• Specify that all information necessary to determine conformance with appl
icable standards must be provided to the Planning Division to complete the review (clarification/process improvement) • Include process to request Zoning Clearance determinations in writing and
appeals (clarification/process improvement)
27 Proposed Amendment

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Chapter 18.415 (Design and Site Review) – Attachment O
•Modify Section 18.415.030 to exempt mixed-u se projects that meet objective development and design standards
from design and site review (Housing Element Program
15, state law)
28 Proposed Amendment

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Chapter 5.05 (Business Licenses) – Attachment O
•Modify Section 5.05.090 to exempt eligible veterans and la
rge family daycare homes from paying a business
license tax.
29 Proposed Amendment

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Exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, because City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it 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)
30 California Environmental Quality Act (CEQA)

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Introduce an Ordinance amending Concord Municipal
Code, Title 18 (Development Code) and Title 5
(Business Licenses and Regulations) by reading of the
title only and waiving further reading.
31 Recommendation

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Questions?
32

Page 101 of 105 ends

From: Megan Nguyen <[email protected]>
Sent: Tuesday, August 13, 2024 2:40 PM
To: City Clerk <[email protected]>
Cc: Joey Flegel-Mishlove <[email protected]>; Davina Srioudom <[email protected]> Subject: EBHO Support for Item 6b, Expanding Ministerial Approvals

Hello,

Please ﬁnd comments from East Bay Housing Organizations (EBHO) reﬂecting our strong support for Item 6b on tonight's City Council agenda to expand ministerial approvals for certain multifamily and mixed-use developments.

Thank you,
Megan

Megan Nguyen
Policy Manager

EAST BAY HOUSING ORGANIZATIONS (EBHO)
[email protected]
8337-(510) 213
she/her/hers
Our ﬁrst-ever Faith & Justice Day of Action is taking place in Oakland on Wednesday, August 21st! Purchase tickets or sponsor this event, and join us to learn why Faith Demands Housing for All.

Agenda Item No. 6.b
Benched Correspondence
August 13, 2024

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August 13, 2024

Edi Birsan, Mayor

Carlyn Obringer, Vice Mayor
Dominic Aliano, Councilmember
Laura Hoffmeister, Councilmember
Laura Nakamura, Councilmember

Re: EBHO supports Item 6b -- Ministerial Approval for Multifamily Housing and Implementing Housing Element Program 15
Dear Concord City Councilmembers,
On behalf of East Bay Housing Organizations (EBHO), we write to express our support for the proposed amendments to the City of Concord’s Municipal Code to expand ministerial approval and site review of certain mixed-use and multifamily developments.

EBHO is a nonprofit, membership-based organization working to produce, preserve, and protect affordable housing opportunities for low-income communities across Contra Costa and Alameda Counties. Many of our 400+ individual and organizational members live, work, or provide affordable homes in Concord. We greatly appreciate the recent steps the City is undertaking to streamline affordable housing development, such as the recent Lot Consolidation Program, the launch of the Housing Sites Tracker, and this item before you to expand the scope of ministerial approval and site review.

Non-profit affordable housing developers know firsthand how critical by-right approval of affordable housing projects is, to streamline the permitting process and move projects swiftly through design to construction. These developers have experienced firsthand the delays in time in resources caused by extensive review processes, which can lead to losses in potential financing sources, and ultimately, decreases project feasibility at times, leaving marked gaps in our supply critical affordable housing for our communities.

We also know that, with the previously approved objective design standards for the developments impacted by these amendments, adopting a by-right approval process will not lead to any drop in the quality or consistency of these projects. This Council has created standards that means it does not have to choose between high- quality construction, consistency in neighborhood design, and an efficient permitting process that benefits all.

EBHO strongly supports the amendments proposed in Council Agenda Item 6b.

Sincerely,
Joey Flegel-Mishlove
Policy Associate

Megan Nguyen
Policy Manager

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From: Courtney Pal <[email protected]>
Sent: Tuesday, August 13, 2024 1:08 PM
To: City Clerk <[email protected]>
Subject: Support for Item 6b - Expanding Ministerial Approvals

Hello,

Please see attached for a letter from Resources for Community Development expressing our support for Item 6b on tonight’s City Council agenda, to allow ministerial approvals for additional multifamily and mixed-use developments.

I would appreciate it if you could share this letter with the City Council before their meeting tonight.

Sincerely,
Courtney

Courtney Pal | she/her/hers | Policy Manager
Resources for Community Development
2220 Oxford Street | Berkeley, CA 94704
RCDHOUSING.ORG | 510 841 4410 x334#

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August 13, 2024

The Honorable Edi Birsan, Mayor of Concord
City of Concord City Council
1950 Parkside Drive
Concord, CA 94519

Delivered via electronic mail

Re: Support for Item 6b, Implementing Housing Element Programs 15

Dear Mayor Birsan and City Council Members:

On behalf of Resources for Community Development (RCD), I am writing to express our support for the proposed zoning amendments to expand the applicability of ministerial design and site review, in conformance with state law and the City’s Housing Element Program 15.

As you know, RCD is a non-profit organization dedicated to creating and preserving affordable homes for people with the fewest options. Within Concord, we currently provide 235 homes affordable to low-income individuals and families, with another 62-unit development scheduled to open its doors soon.

We applaud the City’s decision to expand ministerial approvals to additional mixed-use and multifamily developments. Ministerial approval speeds up the permitting process to quickly move developments from conception to construction. In our experience, access to ministerial approvals typically cuts entitlement time in half, which in turn allows us to pursue state financing sources more nimbly. Projects permitted through ministerial approval must comply with the objective standards previously approved by the City Council, ensuring that they utilize high- quality, context-sensitive design. In this way, ministerial approval is a winning solution for facilitating multifamily housing production aligned with a community’s vision.

Thank you for your consideration of this item.

Sincerely,

Courtney Pal
Policy Manager, Resources for Community Development

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July 19, 2024

The Honorable Congressman Mark DeSaulnier
3100 Oak Rd.

Contra Costa Centre
Walnut Creek, CA 94597

Re: Exonerated Convicted Black Sailors

Dear Mark,

For many years, we have observed and supported your tireless efforts to urge the President and Congress of the United States to take all necessary actions to restore honor to and rectify the mistreatment of, sailors unjustly blamed for and convicted of mutiny after the Port Chicago Disaster. As you know Concord City Council has also endorsed the exoneration of these men.

Clearing the names of the Black servicemen was long overdue and undoubtedly the right decision.

We were overjoyed when we read the news, and we immediately thought of you and the work you did to make this crucial decision possible.

On behalf of the entire City Council and the community of Concord, I extend our heartfelt gratitude for your dedication and perseverance. We are fortunate to have you representing us and our District.

With sincere gratitude,

Edi Birsan
Mayor
City of Concord

cc: Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Concord City Council
Concord City Clerk

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Concord City CouncilAugust 13, 2024

Concord City Council
August 13, 2024