Agenda packet — Concord City Council, September 24, 2024 (part 2 of 2)

Ord. No. 24-XX 8
(Business Licenses and Regulations), Section 5.05.090 (Exemptions), are hereby amended to implement state law and the 2023 – 2031 Housing Element (Housing Element Programs 15.2 and

16.1), as set forth in Exhibits A- L.

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:

Joelle Fockler, MMC
City Clerk
(Seal)
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Ord. No. 24-XX 9
Ordinance No. 24-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 24, 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 18.160 (Parking, Loading, and Access)
K. CMC Chapter 18.200 (Standards for Specific Uses)
L. CMC Chapter 18.415 (Design and Site Review)
M. 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 PROCEEDING USE CLASSIFICATIONS]
Article II. Definitions
[NO AMENDMENTS TO THIS ARTICLE]
Exhibit 2A

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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
Duplex – – AP ZC –
Multifamily – – – ZC ZC
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
Home-Based Business AP AP AP AP AP CDC 18.200.050, Child day care facilities
Exhibit 2B

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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.

RR RS RL RM RH
Live/Work Unit – – UP UP UP CDC 18.200.110, Live/work or work/live units
Mixed-Use Project – – – – –
[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)

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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 Mixed-Use Projects MP
[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). [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)
[NO AMENDMENTS TO TABLE]
Table 18.35.030(B)
[NO AMENDMENTS TO TABLE]

18.35.040 Building conversions.
[NO AMENDMENTS TO THIS SECTION]

18.35.050 Building expansion.
[NO AMENDMENTS TO THIS SECTION]

18.35.060 North Todos Santos design guidelines.
[NO AMENDMENTS TO THIS SECTION]

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:

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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.

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
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 – – –
Duplex ZC ZC – – –
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 – – –
Home-Based Business – ZC(5) ZC(2) – – CDC 18.200.050, Child day care facilities Exhibit 2D

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Concord Municipal Code
Chapter 18.40 OFFICE AND COMMERCIAL

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

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

CO CMX NC SC RC
Live/Work Unit – ZC(5) – – – CDC 18.200.110, Live/work or work/live units
Mixed-Use Projects UP AP UP – –
[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). [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]

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

AND WMX)

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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
– – –
Duplex – – –
Multifamily ZC(10),UP 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 –
Home-Based Business ZC(6) ZC(6) – CDC 18.200.050, Child day care facilities Exhibit 2E

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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
Live/Work Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units Mixed-Use Projects UP UP –-
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). [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
– – – –
Duplex – – – –
Multifamily – – – –
Family Day Care Home,
Small
– – ZC(5) – CDC 18.200.050, Child day care
facilities
Family Day Care
Home, Large
– – MP(5) – CDC 18.200.050, Child day care
facilities
Group Housing – ZC ZC –
Home-Based Business – – ZC(5) – CDC 18.200.100, Home-based businesses
Live/Work Unit – – MP – CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects – – UP –
Exhibit 2F

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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 –
Duplex –
Multifamily –
Family Day Care Home, Small – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large AP CDC 18.200.050, Child day care facilities
Group Housing AP
Home-Based Business – CDC 18.200.100, Home-based
businesses
Live/Work Unit – CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects –
Mobile Home Park –
Exhibit 2G

Page 51 of 115 ends

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 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]

Page 52 of 115 ends

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
– – – – –
Duplex – – – – –
Multifamily – – – – –
Family Day Care Home,
Small
– – ZC – – CDC 18.200.050,
Child day care
facilities
Family Day Care
Home, Large
– – MP – – CDC 18.200.050,
Child day care
facilities
Group Housing – – – – –
Exhibit 2H

Page 53 of 115 ends

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.

[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]

Page 54 of 115 ends

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 development projects that meet the provisions of this chapter.

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.

6. 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).

D. 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.

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 Exhibit 2I

Page 55 of 115 ends

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. from the rear of the property. Off-street parking shall not be located between a building and a pedestrian route to the BART station.

E. 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.

F. 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.

G. 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].

Page 56 of 115 ends

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.

Exhibit 2J

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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.

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
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].

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.

Page 58 of 115 ends

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.

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.

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.

Page 59 of 115 ends

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.

F. Religious Institution Affiliated Housing Development Project. Parking reductions are allowed in conformance with Government Code Section 65913.6.

FG. 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.

H. 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).

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 SUBSEQUENT SECTIONS]

Page 60 of 115 ends

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 care 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. 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 2K

Page 61 of 115 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.

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 62 of 115 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.

Page 63 of 115 ends

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 2L

Page 64 of 115 ends

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]

Page 65 of 115 ends

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 Health & Safety Code Section 1597.40. (Code 1965, § 6108; Code 2002, § 18-39. Ord. No. 836; Ord. No. 1135) [NO CHANGES TO PROCEEDING SECTIONS]
Exhibit 2M

Page 66 of 115 ends

Ord. No. 24-XX 1
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), AND 18.410 (ZONING CLEARANCE) FOR

CONSISTENCY WITH STATE LAW AND/OR CLARIFY AND
IMPROVE REVIEW PROCESSES.

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, amendments are necessary to the Municipal Code, Title 18 (Development Code), to improve the accuracy of the Development Code and its standards and further achieve internal consistency and consistency with the rest of the Concord Municipal Code and state law; 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 Attachment 3

Page 67 of 115 ends

Ord. No. 24-XX 2

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), 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, “August 23, 2024 City Council Information”); and WHEREAS, at such public hearing, the City Council continued the matter to September 10, 2024, and directed staff to return with additional information that distinguishes between proposed amendments required by state law or the Housing Element where Council discretion is not allowed, and proposed amendments that allow policy discretion; and WHEREAS, on September 10, 2024, the City Council further continued this matter to a date uncertain; 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 September 24, 2024, to consider this Ordinance and the Municipal Code amendments attached hereto; and WHEREAS, at such public hearing, the City Council considered all oral and written

Page 68 of 115 ends

Ord. No. 24-XX 3
information, testimony, and comments and at the public hearing, the oral report from City staff, the written report from City staff dated September 24, 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, “September 24, 2024 City Council Information”).

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), 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.

Page 69 of 115 ends

Ord. No. 24-XX 4
The proposed amendments would be consistent with several General Plan policies, including the following:
 Policy E-2.1.2: Retain and attract business and facilitate businesses’ efforts to develop and expand. Establishing clear and practical parking requirements for properties with non-conforming parking conditions will facilitate occupancy of such properties by new businesses or expansion of existing businesses.  Policy E-2.1.4: Continue to improve the streamlined permit processes and expedited permit decisions. Permitting requirements for the NTS (North Todos Santos) district will be streamlined and address conflicting permitting requirements.
 Policy LU-1.1.1: Support land use decisions that reinforce and capitalize on neighborhood strengths and benefit neighborhood identity and scale; Policy LU-

1.1.3: Require new development in residential areas to preserve and enhance positive neighborhood characteristics; and Policy LU-1.1.4: Protect residential uses from the impacts of more intensive land uses through good site planning and/or appropriate mitigation and operational measures. Elevating the permitting requirements for Mixed-Use Projects in the CMX (Commercial Mixed Use) district from an administrative permit to a use permit enables the City to conduct a more appropriate and transparent level of discretionary review that provides greater opportunity for residents and occupants of the surrounding neighborhood to be involved in the decision-making process.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

The proposed amendments in and of themselves would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Any projects facilitated by the proposed amendments would be evaluated on a case-by-case basis to ensure project- specific impacts are not detrimental.

Page 70 of 115 ends

Ord. No. 24-XX 5
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.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 24-XX.

Section 7. 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), and 18.410 (Zoning Clearance) are hereby amended for consistency with state law and/or clarify and improve review processes. //
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Page 71 of 115 ends

Ord. No. 24-XX 6
Section 8. This Ordinance No. 24-XX shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, 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:

Joelle Fockler, MMC
City Clerk
(Seal)
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Page 72 of 115 ends

Ord. No. 24-XX 7
Ordinance No. 24-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 24, 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:

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)

Page 73 of 115 ends

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]
“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]
Article II. Definitions

18.20.030 Definitions.
[NO AMENDMENTS TO THIS SECTION]
Exhibit 3A

Page 74 of 115 ends

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

RM AND RH)

Page 1 ends

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
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
ZC ZC ZC ZC ZC CDC 18.200.050, Child day care facilities Family Day Care Home,
Large
AP MP AP AP AP CDC 18.200.050, Child day care facilities Group Housing – – – UP UP
Home-Based Business 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
Exhibit 3B

Page 75 of 115 ends

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
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]

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]

Page 76 of 115 ends

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.

Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.35.020
North Todos Santos District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Residential Uses
Bed and Breakfast Inn UP
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached ZC
Single-Family, Detached – Small Lot Subdivision UP
Single-Family, Attached ZC CDC 18.152, Objective Design Standards
Duplex ZC, MP CDC 18.152, Objective Design
Standards
Multifamily MP, UP CDC 18.152, Objective Design
Standards
Family Day Care Home, Small ZC
Family Day Care Home, Large MP
Group Housing UP CDC 18.200.050, Child day care
facilities
Home-Based Business ZC, AP CDC 18.200.050, Child day care facilities CDC 18.200.100, Home-
based business
EXHBIT 3C

Page 77 of 115 ends

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. (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.

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

0.43 12,001 – 13,000

Page 78 of 115 ends

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

0.44 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.
[NO AMENDMENTS TO THIS SECTION]

Page 79 of 115 ends

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.

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 UP UP UP(1) – – CDC 18.152, Objective Design Standards Family Day Care Home,
Small
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 – – –
Home-Based Business – ZC(5),AP ZC(2),AP – – CDC 18.200.050, Child day care facilities CDC 18.200.100, Home-based business
Exhibit 3D

Page 80 of 115 ends

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
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.
(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]

Page 81 of 115 ends

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.

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 UP(12) UP – CDC 18.152, Objective Design Standards Family Day Care Home,
Small
– – – CDC 18.200.050, Child day care facilities
Family Day Care Home,
Large
– – – CDC 18.200.050, Child day care facilities
Group Housing – UP –
Home-Based Business ZC(6), AP ZC(6) ,AP – CDC 18.200.050, Child day care facilities CDC 18.200.100, Home-based business
Exhibit 3E

Page 82 of 115 ends

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
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. (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]

Page 83 of 115 ends

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.

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 3F

Page 84 of 115 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.

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]

Page 85 of 115 ends

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.

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 3G

Page 86 of 115 ends

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]

Page 87 of 115 ends

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
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 3H

Page 88 of 115 ends

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]

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

Page 89 of 115 ends

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 residential projects that meet the provisions of this chapter.

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 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):

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.

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

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.

Page 90 of 115 ends

Concord Municipal Code
Chapter 18.105 TRANSIT STATION OVERLAY

DISTRICT (TS)

Page 2 ends

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].

Page 91 of 115 ends

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 3J

Page 92 of 115 ends

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]

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 3K

Page 93 of 115 ends

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.

Additions to existing homes:
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.

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 Every unit shall have 1 dedicated covered space
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
Duplex
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].

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.

Page 94 of 115 ends

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.

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

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.

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.

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

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. 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:

Page 95 of 115 ends

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. 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.

GF. 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:

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].

G. 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. [NO AMENDMENTS TO INTERVENING SECTIONS]

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.

Page 96 of 115 ends

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.

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]

Page 97 of 115 ends

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.

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

Exhibit 3L

Page 98 of 115 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.

3. 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.

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.

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:

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.

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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.

5. The facility meets all applicable state licensing requirements.

E. 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.

F. 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 100 of 115 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 3M

Page 101 of 115 ends

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 4

Page 102 of 115 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 103 of 115 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 104 of 115 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
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From: Joey Flegel-Mishlove <[email protected]>
Sent: Tuesday, September 24, 2024 2:09 PM
To: City Clerk <[email protected]>
Cc: Megan Nguyen <[email protected]>
Subject: EBHO Support for Item 5a, Amendments to Municipal Code

Hello,

Attached, please ﬁnd comments from East Bay Housing Organizations (EBHO) reﬂecting our strong support for Item 5a on tonight's City Council agenda to expand ministerial approvals for certain multifamily and mixed-use developments.

Thank you,
Joey Flegel-Mishlove
--

Joey Flegel-Mishlove (he/him)
Policy Associate

EAST BAY HOUSING ORGANIZATIONS (EBHO)
[email protected] | (414) 899-4452
538 9th Street, Suite 200, Oakland, CA 94612
Celebrating 40 years of housing justice advocacy! Powerful Legacy, Powerful Future!

Benched Correspondence
Agenda Item No. 5.a
September 24, 2024

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September 24, 2024

Edi Birsan, Mayor

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

Re: EBHO supports Item 5a – Municipal Code Amendments to Implement State Law and Housing Element Programs 15.2 and 16.1
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 streamline the design and site review process by expanding ministerial approval of certain mixed-use and multifamily developments, as well as amendments relating to parking reductions for religious institutions aiming to develop housing.

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 Lot Consolidation Program, the Housing Sites Tracker, and today’s item before you to expand the scope of ministerial approval and site review.

Ministerial approval of housing projects, especially multifamily affordable housing developments, speeds up the permitting process to move developments from conception to construction. Our nonprofit housing developer members often experience project delays caused by extensive review processes, which lead to losses in potential financing sources, and significantly harms project feasibility. This further exacerbates the affordable housing needs in our communities.

With the City’s existing objective design standards, adopting a ministerial approval process to additional mixed- use and multifamily development will not lead to any drop in the quality or consistency of these projects. This Council has created standards that allows for high-quality construction, consistency in neighborhood design, and an efficient permitting process that benefits all.

Recent state laws have also streamlined the building process for faith based institutions interested in partnering with affordable housing developers to build critically needed affordable housing on their own property. EBHO strongly supports the amendments to implement part of Housing Element Program 16.1 and conform with state law, to require parking reductions for religious institution affiliated housing developments. Through EBHO’s Faith and Justice organizing program, we are in direct communication with many spiritual communities eager to engage in the work of addressing our community’s dire affordable housing needs. Adopting this ordinance is an opportunity to support interested property owners (such as religious institutions), comply with existing state law, and address the City’s housing needs.

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EBHO strongly supports the amendments proposed in Council Agenda Item 5a and appreciates the City’s work in implementing Housing Elements Programs 15.2 and 16.1 Sincerely,
Joey Flegel-Mishlove Megan Nguyen
Policy Associate Policy Manager

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Municipal Code Amendment
(PL24066 – MC)
CITY COUNCIL PUBLIC HEARING ITEM 5.A
SEPTEMBER 24, 2024
PRESENTED BY: FRANK ABEJO, PRINCIPAL PLANNER

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August 13, 2024 City Council Hearing
• Reason for amendments (state law, clarification and/or process improvement)
• HE Program 15.2, allow by-right approvals for multifamily housing in mixed use districts and allow 25% density increase by right in the Transition Station Overlay District for projects meeting objective standards • HE Program 16.1, allow parking reductions for religious institutions in exchange for housing development
• Continued with direction for staff to clarify mandatory vs. discretionary amendments
2 Background

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September 24, 2024 Staff Report
• Table of Mandatory and Discretionary Amendments (Attachment 1)
• Separate ordinances
➢Mandatory Amendments (Attachment 2)
➢Discretionary Amendments (Attachment 3)
3 Background

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• Allow multifamily housing by-right in mixed use districts when objective design and development standards are met and allow 25% additional density in the Transit Station Overlay District by right for projects that meet objective standards for this District • Amend land use tables to allow by-right approval for multifamily and mixed-use projects when project located entirely on a parcel/parcels identified in the Housing Element Sites Inventory 4 Housing Element Program 15.2

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Introduce ordinances 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
5 Recommendation

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Questions?
6

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Concord City CouncilSeptember 24, 2024

Concord City Council
September 24, 2024