Concord City Council
September 24, 2024

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
September 24, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

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

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

2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will 2 be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/84254383685?pwd=Juxb8sItU0KWSiJjyKLNjx1K8Upo8g.

LcIwpP5-tVFy-mTe or Zoom Webinar ID: 842 5438 3685 and Passcode: 021651 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

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

1. distributed to the Council before the meeting,

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

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

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:

OPEN SESSION

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

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

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

3. PRESENTATIONS
a. Presentation – to Jorge Chamorro, Co-Executive Director, and Correen "Cori" Johnson, Co-Executive Director & Director of Youth Housing & Trainer, Rainbow Community Center, declaring September 21-27, 2024, as "United Against Hate Week" in the City of Concord. Presentation by Mayor Birsan. b. Presentation – by Central Contra Costa Sanitary District: Board Member Tad Pilecki and Planning and Development Services Division Manager Danea Gemmell on how the San Francisco Bay Regional Water Quality Control Board's new nutrient regulations affect Concord. Introduction by Mayor Birsan.

1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:

Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840

2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir

3. Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – the renewal of a three-year Microsoft Enterprise Licensing Agreement with DELL Inc. for Microsoft software licenses associated with Microsoft Office, Outlook, Teams, Windows desktop and Windows server operating systems, and other Microsoft applications used by all City staff, for a total not-to-exceed amount of $860,915.88, including a 20% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. b. Considering – the following actions in relation to the Sun Terrace Elementary School Crossing Enhancements (Project No. 2712), which will upgrade school crossings on Floyd Lane:

1. Award of a Construction Contract in the amount of $230,605 to FJ&I Engineering Inc. and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making a CEQA determination as provided in this staff report; (Funded by Transportation Development Act Grant Funds, Gas Tax, and Measure V Funds); and

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2712 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
c. Considering – the following:

1. Accepting improvements for the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525); and directing the City Clerk to file a Notice of Completion;

2. Approval of an amendment to a Professional Services Agreement in the amount of $7,367 (for a new not-to-exceed amount of $430,647) with BKF 5 Engineers; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approval of project creation of the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785); and

4. Approval of a budget transfer from the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525) to the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785) in the amount of $300,000 from Measure J (Fund 475) to the project. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b), 15262, 15273, and/or 15378.
d. Considering – adoption of a Resolution accepting the Fiscal Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065. e. Considering – directing staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues, as recommended by the Housing and Economic Development Committee (Originally Considered by Council on September 10, 2024, when no motion was passed). Recommended by the City Manager.

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

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

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

1. An Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 6 (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), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090 (Exemptions), to implement state law and the 2023 – 2031 Housing Element (Housing Element Programs 15.2 and 16.1), and clarify and improve review processes; and

2. An Ordinance amending Concord Municipal Code Title 18, 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, consistency with the 2023-2031 Housing Element (Program 15), and/or clarify and improve review processes. (PL24066 – MC) Report by Frank Abejo, Principal Planner.

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

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

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

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/1/2024 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else 7 raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

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

Nutrient Management
Strategy
Danea Gemmell, P.E.

Planning and Development Division Manager
September 24, 2024
Emily Barnett
Communications and Government Relations Manager
Concord City Council Meeting
Tad Pilecki, P.E.

Central San Board Member

3.b

• Wastewater contains nutrients (nitrogen
and phosphorus compounds) from
human waste, food waste, and various
soaps/detergents.
• While nutrients are essential to sustain
life, there is a balance.
• Too many can be too much of a good
thing.

What are Nutrients?

Bay Area Nutrient
Watershed Permit
3 • On July 10, 2024, the San Francisco
Regional Water Quality Control
Board adopted an Order requiring
all Bay Area wastewater agencies to
reduce their discharge of nitrogen
by 40%, relative to 2022, by
October 2034.

Bay Area Nutrient
Watershed Permit
4 • On July 10, 2024, the San Francisco
Regional Water Quality Control
Board adopted an Order requiring
all Bay Area wastewater agencies to
reduce their discharge of nitrogen
by 40%, relative to 2022, by
October 2034.

Thank you!
Edi Birsan & Justin Ezell
for providing comments at the
Regional Board Hearing

Concerns
• 10-Year Time Frame is too short for a
capital project of this size
• Science is not fully developed on
nutrient impacts
• Compliance costs are very high
• Recycled Water should be included in
nutrient solution, which takes time
Proactive Mitigations
➢ Regional Board committed to changing State
Policy on Nutrient Compliance Timeline
➢ Permit requires funding to further develop
the science
➢ Exploring alternatives to reduce capital costs
➢ Recycled Water projects will be evaluated as
part of nutrient reduction solution
Concerns about Nutrient Watershed Permit
5

Conventional Nutrient Removal Project
6 *Modified Ludzack Ettinger (MLE) process increases the solids retention time to allow bacteria who use nitrogen as a food source to grow. This requires more aeration tank volume and clarifiers to treat the same capacity.

Benefits
• Established and proven treatment
process
• Can be scaled up to address increased
requirements
Challenges
• Significant construction effort for new
secondary clarifiers and aeration tanks
• $6M- $10M additional operations and
maintenance costs including new staff
• How do we pay for it all?

Goal is to Reduce Costs to Customers

Exploring Process Technologies to Reduce
Nutrient Capital Costs
Conventional
(i.e., MLE)
• Proven technology and process configurations
• Requires significant new tankage
Intensification • Achieve more treatment in existing tanks using innovative and less proven new technologies
Conventional +
Intensification
• Combine conventional with intensification to
reduce capital costs and reduce risks
8 Intensification of existing infrastructure is preferred. Treatment objectives will depend on regulatory limits and technology performance.

What Works
Testing New
Tech
Hybrid
Approach

Piloting Membrane Aerated Biofilm Reactor (MABR)
9 Central San is piloting MABR technology
• Highly efficient biological treatment
• Utilizes existing tankage for lower costs
• Cost effective
Oxygen delivery
• A hollow-fiber (spaghetti-like) membrane
delivers oxygen directly to nitrifying bacteria
growing on the membrane's surface
Biofilm growth
• Microorganisms concentrate on the oxygen-
rich membrane surface, forming a biofilm that
acts as workhorse to reduce nutrients
MABR allows nitrification and denitrification to reduce nutrients simultaneously in a single reactor

Preliminary MABR Pilot Results are Promising
10 Pilot will help provide the
following:
• Refine the final design criteria
• Estimate construction and
operating costs
• Consider other potential
technologies to use in
combination or parallel
• Complete a business case
evaluation
• Explore if full-scale testing is
recommended
Full-scale MABR equipment installation example

Draft Schedule for Nutrient Reduction Compliance
11 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Planning
2026 - 2027
Full or Medium Scale Validation
T esting (if necessary) of
innovative technologies Compliance by
May - September 2035
Design Construction
Smaller capital projects may be constructed
earlier as needed
2027/2028: Complete Aeration
Basin Diffuser Replacement and
Seismic Upgrades
4th Watershed Permit: 2029 - 2034
Consider 4th Watershed Permit before starting construction Complete Project
by Spring 2034

Road Map
Objectives
Intensification
MABR &
Densification
Optimization
of Treatment
Systems
Performance
Split Stream
Treatment
Nature-Based
Solutions
(Multipurpose
Basins)
New
Treatment
Facilities
Water Reuse
Partnerships
Our Road Map to the
Optimal Nutrient
Management Strategy
12 Road Map Timeline: 18 to 24 months

Possible Recycled Water Opportunities
• Develop a roadmap that is flexible enough to incorporate potential large-scale recycled water opportunities, such as partnering with Contra Costa Water District to serve the Martinez refineries
• Evaluate all the potential ways Central San's Recycled Water Program can be expanded
• Irrigation of Central San's overflow basins and properties • Economic incentives for increased use
• Identifying new connections in Concord, Pleasant Hill, and beyond
13

Our Partnership continues…
14 • Consistent updates to Concord as planning
progresses
• Coordination on customer outreach
• Committed to reducing cost impacts

Staff Report
Date: September 24, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering the renewal of a three-year Microsoft Enterprise Licensing Agreement with DELL Inc. for Microsoft software licenses associated with Microsoft Office, Outlook, Teams, Windows desktop and Windows server operating systems, and other Microsoft applications used by all City staff, for a total not-to-exceed amount of $860,915.88, including a 20%
contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City of Concord’s existing Enterprise License Agreement with Microsoft, which provides many of the everyday applications utilized by City staff (i.e. Word, Excel, Outlook, Email, Teams, Windows and Server operating systems), expires in October 2024 and is up for its seventh renewal.

This renewal includes all on premise Microsoft applications as well as the cloud based, Office 365, components. The Office 365 cloud-based solution is directly supported by Microsoft which allows faster and more efficient access to technology updates, new innovative features such as Microsoft Teams, and the ability to scale quickly using

4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
September 24, 2024
Microsoft’s network. Microsoft also pushes out the most up-to-date application enhancements rather than requiring IT staff to perform this function, and the transition to the cloud-based model has allowed existing City-owned servers to be re-purposed and decommissioned, saving resources and maintenance costs.

In 2021 the Council approved the current three-year Microsoft Enterprise Agreement for a total not-to-exceed amount of $855,245.84. This equates to an average of $285,081.95 per year. The requested new three-year Microsoft Enterprise Agreement’s not-to-exceed total is $860,915.88, including a 20% contingency, which equates to an average of $286,971.96 per year. This represents an increase of $5,670.04 for the new agreement over the prior three-year contract.

Funds are currently budgeted for the new agreement’s first year in the adopted FY 2024-25 IT Department budget. Years two and three will be included in future budgets and the agreement will be dependent upon Council approval of these future budgets.

Recommended Action
Authorize the City Manager to approve the renewal of a three-year Microsoft Enterprise Licensing Agreement with DELL Inc. for Microsoft software licenses associated with Microsoft Office, Outlook, Teams, Windows desktop and Windows server operating systems, and other Microsoft applications used by all City staff, for a total not-to-exceed amount of $860,915.88, including a 20% contingency; and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The City of Concord utilizes Microsoft software for most server and desktop systems.

This software is utilized for operating systems, desktop productivity tools (such as Word and Excel), email, databases, and other server-based applications. The County of Riverside negotiated a contract for an Enterprise Agreement with Microsoft based upon all potential licenses from cities within the State of California (approximately 120,000 licenses). No other contract can match the pricing discounts contained within the Riverside Agreement. Over the past twenty-two years, Concord has piggybacked on this contract to achieve greater savings than if the City were to negotiate with Microsoft on its own. This approach of a piggy-back contract is allowed by the City’s purchasing policies. The minimum term that Microsoft allows for Enterprise Agreements is three years. Only certain vendors can quote the Microsoft Enterprise License the City requires and staff requested quotes as part of a competitive vendor selection process.

Analysis
The City maintains an on-premise and Office365 cloud-based Microsoft delivery model whereby items such as email, Teams and various business applications are hosted by Microsoft and other systems, such as desktop applications like Word, Excel, and Microsoft servers and databases, are maintained and supported locally by City staff.

City Council Agenda Report
Agenda Item No. 4.a
September 24, 2024
This combination allows for the efficient use of City resources and leverages Microsoft’s cloud infrastructure where appropriate.

Other benefits of the Microsoft Office365 Enterprise Agreement licensing model include:
 Guaranteed lowest license pricing will be locked in place over the three-year contractual period.
 Enhanced security features through Microsoft will help protect against network intrusion attempts.
 24 x 7 technical support will be available to IT staff for all Microsoft applications (Email, Outlook, Word, Excel, PowerPoint).
 Advanced features such as eDiscovery that significantly expedite public record and legal due diligence requests, litigation holds and record auditing.  Data storage space in the cloud is provided for each staff member.  Improved archiving capabilities to support the City’s data retention policies are included.
 Several collaboration, instant messaging and video conferencing tools such as Microsoft Teams.
 Access to robust Microsoft specific system monitoring and management tools that help IT oversee the City’s Microsoft applications and systems.

These benefits are currently available to City staff and have become integral and essential to City operations.

The City’s licenses for the Microsoft products are to be procured utilizing the County of Riverside Enterprise Agreement #PSA-0001524. This agreement was initiated by the Riverside County Purchasing Department (RCPD), on behalf of Riverside County Information Technology (RCIT), which issued a formal Request for Quote (RFQ) #RIVCO-2020-RFQ-0000048. The terms of the agreement allow other public agencies to use the County’s negotiated pricing and permits the City to obtain pricing based on a higher-level license tier than what would be available if we were to purchase as an individual agency.

There are multiple vendors authorized to provide competitive quotes utilizing the County of Riverside agreement. Information Technology staff obtained quotes from three of the authorized vendors. Dell offered the lowest quote over the 3-year term and the results are as follows:

City Council Agenda Report
Agenda Item No. 4.a
September 24, 2024
DELL Insight Public Sector SHI
Annual Total $239,143.30 $242,027.53 $245,146.46
Three-Year Total $717,429.90 $726,082.59 $735,439.38
Not-To-Exceed Total
(Including 20% contingency)
$860,915.88 $871,299.11 $882,527.26
The current three-year Microsoft Enterprise Agreement was for $855,245.84 over the last three-year period. This equates to an average of $285,081.95 per year. The requested new Microsoft Enterprise Agreement totals $860,915.88, including a 20% contingency, which equates to an average of $286,971.96 per year when including the contingency. This represents an increase of $5,670.04 over the prior three-year contract term. The reason for the 20% contingency is to allow for license growth and to enable the City to purchase innovative new Microsoft applications when available.

Alternatives
There is no practical alternative to renewing the Enterprise License Agreement as the County of Riverside negotiated pricing is the lowest in the State and key City functions are dependent on Microsoft products.

Procurement Process
Pursuant to Municipal Code-Title 3 revenue and finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or piggyback off of an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs when determined to be in the City’s best interest. Formal quotes were solicited from Microsoft Certified Licensing agents within California who can leverage the County of Riverside contract and three submitted quotes. DELL was the lowest bidder. Attachment 1 is the optimal price quote from DELL.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378 award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”

City Council Agenda Report
Agenda Item No. 4.a
September 24, 2024
Financial Impact
Funding is available for the contract’s first year in the adopted FY 2024-25 IT Department budget. Years two and three will be budgeted in future budgets.

Public Contact
The City Council Agenda was posted.

Attachment

1. DELL Microsoft License Quote

Sam Andrews
[email protected]
512.720.4469
Microsoft Enterprise Agreement (EA) #: (TBD, renewing 6640451) Date of Issue: 9/3/2024 Customer: City of Concord Quote Expires: 9/30/2024
Product Description Mfg# Quantity Months Unit Price Ext. Price Enterprise Products / Online Services
M365 G3 Unified FSA Renewal GCC Sub Per User AAD-34700 560 12 $26.81 $180,163.20 M365 G3 Unified FUSL GCC Sub Per User AAD-34704 60 12 $31.50 $22,680.00 Additional Products
SQL Server Standard Core ALng SA 2L (2 cores) 7NQ-00292 12 $634.22 $7,610.64 Project Professional ALng SA 1 Server CAL H30-00238 23 $207.07 $4,762.61 VisioPro ALNG SA MVL D87-01159 25 $108.13 $2,703.25
Visual Studio Pro with GitHub ALng SA QEK-00003 4 $302.06 $1,208.24 Win Remote Desktop Services CAL ALng SA User CAL 6VC-01254 60 $23.30 $1,398.00 Win Server DC Core ALng SA 2L (2 cores) 9EA-00278 88 $123.78 $10,892.64 Win Server Standard Core ALng SA 2L (2 cores) 9EM-00270 56 $19.00 $1,064.00 Additional Online Services / Subscriptions
AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision J5U-00004 1 12 $0.00 $0.00 Entra ID P2 Gov SU Entra ID P1 Per User MQN-00002 2 12 $2.23 $53.52 Power Automate Premium GCC Sub Per User 1O5-00001 1 12 $13.14 $157.68 Power BI Pro GCC Sub Per User DDJ-00001 2 12 $7.44 $178.56 Project P3 GCC Sub Per User 7MS-00001 18 12 $22.34 $4,825.44 Visio P2 GCC Sub Per User P3U-00001 10 12 $11.17 $1,340.40 Win VDA Device ALng Sub Per Device 4ZF-00019 1 12 $8.76 $105.12 Notes: Total Annual Payment Yr 1 $239,143.30
Priced on Riverside County/CCISDA/MISAC EA# PSA-0001524 Total Annual Payment Yr 2 $239,143.30 Total Annual Payment Yr 3 $239,143.30
Grand Total $717,429.90
Notes:

Quote prepared by: Chris A Johnson
Attachment 1

Staff Report
Date: September 24, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the following actions in relation to the Sun Terrace Elementary School Crossing Enhancements (Project No. 2712), which will upgrade school crossings on Floyd Lane:

1. Award of a Construction Contract in the amount of $230,605 to FJ&I Engineering Inc. and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making a CEQA determination as provided in this staff report; (Funded by Transportation Development Act Grant Funds, Gas Tax, and Measure V Funds); and

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2712 and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

4.b4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
September 24, 2024
Report in Brief
The Sun Terrace Elementary School Crossing Enhancements (Project No. 2712) (Project) will upgrade school crossings on Floyd Lane at the intersections of Falcon Drive and Cardinal Drive. See attached location map (Attachment 1).

The Project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council (Council), project construction is expected to begin in late October 2024 and be completed by December 2024, weather permitting.

Recommended Action

1. Award a Construction Contract in the amount of $230,605 to FJ&I Engineering Inc. for the Sun Terrace Elementary School Crossing Enhancements (Project No. 2712) and authorize Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report; and

2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2712 and direct the City Clerk to file a Notice of Completion.

Background
On January 10, 2023, Council adopted Resolution No. 23-1 to apply for Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Project grant funding for Fiscal Year 2023-2024 for the Project. The project scope was reviewed by the City of Concord’s (City) Bicycle, Pedestrian, and Safe Routes to Transit Plan Committee (BPAC) and Council, prior to application.

On July 26, 2023, the Metropolitan Transportation Commission (MTC) advised staff that the City’s TDA grant application had been approved, with a partial allocation of $175,000 for the project. The full requested amount was $240,000.

Proposed improvements for the Project will include installing bulb-outs with American with Disabilities Act (ADA) compliant curb ramps and new high-visibility crosswalks on Floyd Lane at the intersections of Falcon Drive and Cardinal Drive.

Procurement Process
The Project was advertised for construction bids as required by state law and City policy. The Engineer’s Estimate for the Total Bid was $162,000. Bids were opened on August 22, 2024. Three (3) bids were received in the amount ranging from $230,605 to $311,15. The basis of award for the Project is the Total Bid. The lowest bid was received from FJ&I Engineering Inc. of San Pablo, CA (FJ&I). A summary of the three lowest bids is as follows:

City Council Agenda Report
Agenda Item No. 4.b
September 24, 2024
BID

SCHEDULE
Engineer's
Estimate
FJ&I
Engineering
Inc.

Kerex
Engineering
Zara
Construction
Total Bid $162,000 $230,605 $260,490 $311,115
FJ&I was the low bidder and submitted a responsive and responsible bid. FJ&I has an appropriate and valid contractor’s license and satisfactory work references.

City staff (Staff) completed analysis of FJ&I’s bid, determining that this firm possesses an appropriate and valid license, and is not on any debarred lists. FJ&I is registered with the Department of Industrial Relations as required by SB 854. Should Council award this contract, the Total Bid will be constructed.

Financial Impact
The current budget for the Project is $335,000 and is funded by TDA Grant Funds (Fund 402), Gas Tax (Fund 260), and Measure V (Fund 407) funds. There are sufficient funds in the Project to fully fund the Project for construction, a 10% construction contingency, construction management and inspection services, and Staff time.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves concrete and striping improvements in previously hardscaped areas. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed with the County Clerk’s office on January 11, 2023, as part of the grant application process. A new Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

3. Construction Contract with FJ&I Engineering Inc.

Attachment 1
Sun Terrace Elementary School Crossing Enhancements
Project No. 2712
Location Map

City of Concord
Bid Sheet
PROJECT #2712 Bid Opening:

Sun Terrace Elementary School Crossing Thursday,
August 22, 2024
2:00 p.m.

Garden Conference Room
Engineer’s Estimate: $162,000 To be awarded:

COMPANY TOTAL BID
FJ&I Engineering Inc
1982 21st Street
San Pablo CA 94806
DIR #1000714107
$230,605.00
Kerex Engineering
PO Box 23831
Pleasant Hill, CA 94523
$260,490.00
Zara Construction
2343 Donner Pass Avenue
Sacramento, CA 95835
DIR # 1000854264
$311,115.00
Con
tact: Tianjun Cao x3243
Attachment 2

CONTRACT
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THIS CONTRACT made and entered into this September 24, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and FJ&I Engineering, Inc., 1982 21st St, San Pablo, CA 94806, hereinafter called "Contractor", for Sun Terrace Elementary School Crossing Enhancements, City Project No. 2712.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, ADA curb ramps, and striping; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2024 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $230,605 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, Attachment 3

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28 executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

4. Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non- availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract.

The City will not be directly liable to any Subcontractor or supplier.

5. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

6. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

7. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.

8. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

9. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that

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28 enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

10. Time is of the essence to the terms of this contract.

NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

FJ&I Engineering, Inc.
a California corporation
By:_______________________________
Marco Avila, Treasurer/GM

CITY OF CONCORD,
a municipal corporation
By:________________________________
Mayor
Email: [email protected]
APPROVED AS TO FORM:

By:________________________________
City Attorney
ATTEST:

By:________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
402-9500-C999-74200 402-2712-215-74200 $107,075.00
407-9500-C999-74200 407-2712-115-74200 $115,000.00
260-9500-C999-74200 260-2712-115-74200 $8,530.00

I hereby certify that adequate funds exist or will be received during the 24/25 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Staff Report
Date: September 24, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering the following:

1. Accepting improvements for the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525); and directing the City Clerk to file a Notice of Completion;

2. Approval of an amendment to a Professional Services
Agreement in the amount of $7,367 (for a new not-to-exceed amount of $430,647) with BKF Engineers; and authorizing the City Manager to execute the agreement in a form
acceptable to the City Attorney;

3. Approval of project creation of the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785); and

4. Approval of a budget transfer from the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525) to the Grant Street/SR-242 Bike Undercrossing Project
(Project No. 2785) in the amount of $300,000 from Measure J (Fund 475) to the project.

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

4.c4.c4.c4.c4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
September 24, 2024
Report in Brief
Bay Cities Paving and Grading, Inc. of Concord, CA (Bay Cities) has completed all work associated with the Grant Street/East Street Pavement Rehabilitation Project No. 2525 (Project) and has provided the required one-year construction warranty bond and is now ready for Project acceptance.

The Project consists of pavement rehabilitation from Grant Street from Broadmoor Avenue to High School Avenue, and East Street from High School Avenue to Salvio Street. Work included installation of bike lane facilities, fiber optic lines, traffic signal equipment, and related improvements. See Location Map (Attachment 1).

An amendment to the Professional Services Agreement (PSA) with BKF Engineers (BKF) is needed to reimburse BKF for work that has been completed above the approved amount. The additional cost is due to the extended Project duration, support for Caltrans permits, and design support during construction.

During the public outreach portion of the Project design phase, the community showed an interest for a bicycle facility on Grant Street between Broadmoor Avenue and Fairfield Avenue under State Route 242. City staff (Staff) originally included the improvements as part of the Project, but the process with Caltrans extended the Project duration and required changes above and beyond the scope and costs of the original Project. The creation of the Grant Street/SR-242 Bike Undercrossing project (Project No. 2785) will continue the design process.

Recommended Action

1. Accept improvements for the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525); and direct the City Clerk to file a Notice of Completion;

2. Approve an amendment to a Professional Services Agreement in the amount of $7,367 (for a new not-to-exceed amount of $430,647) with BKF Engineers; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approve project creation of the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785) and make the CEQA determinations as provided in this staff report; and

4. Approve a budget transfer from the Grant Street/East Street Pavement Rehabilitation Project (Project No. 2525) to the Grant Street/SR-242 Bike Undercrossing Project (Project No. 2785) in the amount of $300,000 from Measure J (Fund 475) to the project, and make the CEQA determinations as provided in this staff report.

City Council Agenda Report
Agenda Item No. 4.c
September 24, 2024
Background
Project No. 2525 Construction
On May 24, 2022, the City Council (Council) awarded the Project construction contract to Bay Cities Paving and Grading, inc. of Concord, CA (Bay Cities) in the amount of $5,527,965. Construction for the Project began August 2022.

The Project included pavement rehabilitation on Grant Street from Broadmoor Avenue to High School Avenue, and East Street from High School Avenue to Salvio Street, (see Attachment 1). Work included the installation/upgrades of curb ramps, concrete repairs, adjustment of utilities, replacement of traffic signal loops with vehicle detection cameras, adjustment of pedestrian push buttons to meet accessibility standards, fiber optic lines, traffic signal cabinets and boxes, restriping, and installation of high visibility crosswalks.

Also installed were Class II, III, and Class IV bike facilities. A Class II bike lane is a portion of the roadway that is striped for one-way bike travel and may include a buffer. A Class III bike route is a shared facilities with pedestrian or motor vehicle traffic using bike route signs and shared roadway markings along the route. A Class IV separated bikeway (also called a cycle track) is a separated bike facility for the exclusive use of bicycles in two directions and includes a buffer between the bikeway and adjacent vehicular traffic lane. The buffer on Grant Street includes inflexible physical barriers and pavement markings.

Construction for the Project was completed within the allotted budget and allocated construction working days. The overall construction timeline was lengthened due to material lead times for numerous types of traffic signal equipment, resulting in a substantial amount of non-working days or suspension of working days.

A PSA with BKF was brought to Council on December 8, 2020, for Project design and construction support with a $423,280 not-to-exceed budget.

An amendment to the PSA is needed to reimburse BKF for work that they completed beyond the original scope of the contract. The additional work was necessary due to the extended Project duration caused by delays in required equipment delivery, support for Caltrans permits, and design changes needed during construction.

Project No. 2785 Design
During the public outreach portion of the Project design phase, the community showed an interest for a bicycle facility on Grant Street between Broadmoor Avenue and Fairfield Avenue under State Route 242. On July 21, 2021, a virtual public meeting was held to present the Project scope of work and construction impacts to residents in the Project area. A dozen members of the public, including Bike Concord, attended the meeting. The Bicycle and Pedestrian Advisory Committee (BPAC) reviewed the plan at their September 9, 2021, meeting, provided comments, and were supportive of the

City Council Agenda Report
Agenda Item No. 4.c
September 24, 2024
undercrossing. In both meetings concerns about bicycle safety under the freeway and limited bicycle network connectivity were made.

Staff originally included bicycle undercrossing improvements under SR-242 as part of the Project but the process to obtain Caltrans approvals for the improvements within their right-of-way, extended the Project schedule and required changes above and beyond the scope of the original Project. Additional requirements from Caltrans include, traffic signal modifications, widening of the roadway under SR-242, protection of the SR-242 bridge columns on the Grant Street median, utility relocation, traffic analysis and studies, and all of this requires an extended Caltrans review process.

Analysis
Project No. 2525 Construction
Bay Cities has completed all improvements for the Project and Staff has inspected the work, which is in compliance with the Project plans and specifications. Bay Cities has provided the 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

Staff negotiated with BKF and agreed upon the additional cost for their extra services of $7,367. The additional cost is for design services that have already occurred. This will result in a new not-to-exceed total of $430,647 for the agreement.

Project No. 2785 Design
The creation of the Grant Street/SR-242 Bike Undercrossing project (Project No. 2785) will continue the design process to determine feasibility to meet Caltrans requirements.

Feedback from the community, Caltrans, and all stakeholders will be included as part of Project No. 2785. If the improvement is ultimately sought, additional funding to complete the design and construction would need to be identified.

Financial Impact
Project No. 2525 Construction
The construction contract was completed in the amount of $5,654,554.22, which is within the original construction contract with the approved 10% contingency.

The total budget for the Project is $7,646,011.53 and is funded by State Gas Tax (Fund 260), Measure V (Fund 401 and Fund 490), and Measure J Local (Fund 475). There are sufficient funds in the Project budget for the PSA amendment described in this report.

Project No. 2785 Design
A balance of $300,000 Measure J Local (Fund 475) remained in the original Project, which is requested to be transferred to Project No. 2785 to provide initial design and related services for the bike undercrossing project. Grants will be sought to complete the design and construction of Project No. 2785, if it is determined to be feasible.

City Council Agenda Report
Agenda Item No. 4.c
September 24, 2024
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061(b)(3), 15262, 15273, and/or 15378, an amendment to an agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project”, does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA because it involves government funding/fiscal activities, and/or since the activity involves only feasibility and planning for possible future actions. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed on July 7, 2022.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Fourth Amendment to the Professional Services Agreement with BKF Engineers, with Exhibit A – Fee Estimate

3. Notice of Completion

Attachment 1
Project Location Map
Grant Street/East Street Pavement Rehabilitation – Project No. 2525

FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This Fourth Amendment to Professional Services Agreement (“Fourth Amendment”) is entered into on this date, September 24, 2024, and amends the Professional Services Agreement, Agreement No. 5699, between the City of Concord (“CITY”) and BKF Engineers, 1646 N.

California Boulevard, Suite 400, Walnut Creek, CA 94597. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5821, dated December 8, 2020 (the “Agreement”), wherein CONSULTANT agreed to provide design and related services for Grant Street/East Street Pavement Rehabilitation, Project No. 2525.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2022.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

WHEREAS, the CITY and CONSULTANT executed the FIRST amendment on May 2, 2022, Contract No. 5281-A, to extend the agreement term to June 30, 2023.

WHEREAS, the CITY and CONSULTANT executed the SECOND amendment on May 31, 2023, Contract No. 5281-B, to extend the agreement term to June 30, 2024.

WHEREAS, the CITY and CONSULTANT executed the THIRD amendment on September 12, 2024, Contract No. 5281-C, to extend the agreement term to June 30, 2025.

WHEREAS, the parties mutually desire to amend the Agreement to extend the term.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The first two sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A (of original Agreement) and Exhibit A (of Fourth Amendment). However, in no event shall the amount Attachment 2

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28 CITY pays CONSULTANT exceed four hundred thirty thousand six hundred forty-seven dollars and zero cents ($430,647.00) for the term of this Agreement.

2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment on the date indicated above.

Dated: ______________ BKF Engineers
By: ______________________________
Dan Schaefer
Vice President
[email protected]
Dated: ______________ CITY OF CONCORD
By: ______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ __________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $ 7,367.00.

Account Code: 4759500C999-74500 / 4752525113-74500
Finance Director's Signature

BKF ENGINEERS
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200 April 5, 2024
BKF No. 20201613-10
,
Aldrich R. Bautista, P.E.

Associate Civil Engineer
City of Concord | Engineering Services
1950 Parkside Drive, M/S 40, Concord, CA 94519
Phone: (925) 671-3028 Fax: (925) 671-3362
Email: [email protected]
Subject: Concord Grant/East Streets Pavement Rehabilitation (Project No. PJ2525) Dear Mr. Bautista,
The following summarizes information required by the City of Concord for reimbursement of design services of Concord Grant/East Street Rehabilitation project for our services from To-Date:

Project Name: Concord Grant/East Streets Pavement Rehabilitation Project Number: PJ2525
Our services show an overage of $7,367 over and beyond the Total Contract amount including contingency of $423,280.

Description of Work:

Caltran’s permitting and alterations to the design in construction have lead to the overage. We are asking for your consideration for an increase to cover the amount of $7,367.

Certification signed by officer of the firm, I hereby certify that the hours and salary rates charged in each of these invoices are the actual hours and rates worked and paid to the employees listed on the invoices.

Sincerely,
BKF Engineers
Dan Schaefer, PE
Principal in Charge/Vice President
CA 51158
Exhibit A to Attachment 2

Close Out
Original Budget w/
Contingency JTD Charges Remaining Budget % Complete: Fee:
$ 31,104.70 $ 40,007.75 $ (8,903.05) 128.6%
$ 84,795.70 $ 101,043.51 $ (16,247.81) 119.2%
$ 212,584.90 $ 208,814.16 $ 3,770.74 98.2% $ 36,399.00 $ 36,624.00 $ (225.00) 100.6%
$ 55,000.00 $ 44,143.00 $ 10,857.00 80.3%
$ 3,395.70 $ 15.28 $ 3,380.42 0.4%
Total Original Contract 423,280.00$ 430,647.70$ (7,367.70)$ 100.0% Total Current Charges: -$
*Task 2 includes Consultant support- PEI and Aerial Survey *Task 3 includes Consultant support- Advanced Mobility Group 423,280.00$
422,124.09$
-$
430,647.70$
(7,367.70)$
Statement:

We are on track to complete the work on Budget and on Schedule.

X Requested amount to complete the work. ASR to Be submitted to Cover additional work with Caltrans Permitting PROJECT MANAGER/ENGINEER:

Printed Name Signature

CITY OF CONCORD

CONCORD-GRANT/EAST STREET PROJECT - BUDGET UPDATE
Consultant Name: BKF Engineers

STATEMENT OF WORK
No labor expenses this invoice period.

BILLING PERIOD:

Alex Croskey
Total Charges to date
Estimated Budget Remaining
Current Charges
Billing Limits:

Contract(Not to Exceed)
Task 4 – Bidding and Construction Support (BKF
Invoice Phase 04)
Reimbursable Expenses
REMAINING BUDGET SUMMARIZED BELOW:

No labor expenses this invoice period.

Task 3* – Construction Documents
(BKF invoice Phase 03, 07)
Previous Charges
No labor expenses this invoice period.

Task 1 - Project Management
(BKF Invoice Phase 01) Provided General Project Management, Bi-Monthly Meetings Task Description
TASKS PERFORMED / WORK COMPLETED:

Potholing
(BKF Invoice Phase 08)
Task 2* - Preliminary Design Documents
(BKF Invoice Phase 02, 09, 10) No labor expenses this invoice period.

Onoging Construction Support

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Bay Cities Paving & Grading, Inc. (Contractor) dated May 25, 2022. The surety on said contract is held by Travelers Casualty and Surety, Company of America, Hartford, CT 06183.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

Bay Cities Paving & Grading, Inc. 1450 Civic Court, Building B, #400, Concord, CA 94524 (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Grant Street (Broadmoor Ave to High School Ave) and East Street (High School Ave to Willow Pass Road). See attached Location Map. (5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: September 24, 2024
I, Carlton Thompson, PE, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 3

From: Barone, Valerie <[email protected]> Sent: Monday, September 23, 2024 3:41 PM
To: McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>; Fockler, Joelle <[email protected]>; Thompson, Carlton <[email protected]>; Marstall, Kevin <[email protected]>
Subject: FW: Questions about Item 4c

This e-mail is being shared with all Councilmembers

Carlyn,

Please see the information you were looking for below.

Valerie

Valerie Barone, City Manager (she/her/hers)
City of Concord | Website: www.cityofconcord.org
( (925) 671-3150 | * [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

Subscribe to our City News e-newsletter to stay informed about what's happening in your community!

From: Thompson, Carlton <[email protected]> Sent: Monday, September 23, 2024 8:58 AM
To: Ezell, Justin <[email protected]>; Marstall, Kevin <[email protected]>
Cc: Barone, Valerie <[email protected]>
Subject: RE: Questions about Item 4c
Benched Correspondence
Agenda Item No. 4.c
September 24, 2024

Hi Justin,
Item 4c refers to the City Council Agenda item for September 24, 2024 related to accepting improvement for the Grant/East Street paving project (PJ 2525). The item is for project acceptance and creation of new project to design a bike facility under 242. There is also an amendment for professional services for the project designer related to closing out PJ 2525. I’ll try not to rehash the entire staff report.

Fire Impacts: There was an equipment fire caused by the large pavement grinder striking a 4” gas line. Fault is not something that can be discussed in an e-mail, as it has legal and liability implications. The contractor did pause operations for a couple of days and went over safety protocols prior to going back to work. Engineering implemented revised review procedures immediately after the incident on November 16, 2022, to ensure designs provided a greater separation between utilities and the lowest depth for milling operations.

The contractor delay for the gas line strike and fire was considered as part of the closeout process; however, that delay did not end up impacting the project completion schedule. The projects original end date was January 2023, the major delays were for supply chain delays related Signal Equipment, PG&E providing power for the irrigation controller, and Caltrans. The substantial completion date is December 2023 . The difference between that date and the council report is getting all the closeout paperwork from the contractor, sub-contractors, construction manager and design support and negotiating the wrap up of all the contracts.

New Project to Install the Bike Improvements Under the Freeway: The original paving attempted to install bike facilities under the freeway but was unable to do so due to a very protracted Caltrans review process. The new project will evaluate with Caltrans if a bike facility under 242 is even possible and if so what would be required. Consequently staff has no timeline for completion of design. Staff hopes to have an acceptable solution worked out with Caltrans by the end of 2025. So, construction would likely follow in 2026.

Carlton

Begin forwarded message:

From: "Obringer, Carlyn" <[email protected]> Date: September 22, 2024 at 2:55:02 PM EDT
To: "Ezell, Justin" <[email protected]>
Subject: Questions about Item 4c

Hi Justin,
Was it ever determined what the cause of the explosion was that occurred during the completion of this project? Was due diligence done to determine the issue and ensure that the involved parties were removed from the project/retrained to ensure that this kind of safety issue doesn't occur again?

How much of a delay did this explosion create for completing the project? Was that taken into account with this proposal? I don't want the city to pay for delays caused by the explosion.

When will the design of the bike lane under the 242 overpass be completed?

Best Regards,
Carlyn

Carlyn Obringer
Vice Mayor
Councilmember, District 2
City of Concord
925-324-9595

Staff Report
Date: September 24, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-5838
Subject: Considering adoption of a Resolution accepting the Fiscal Year 2023/24 Consolidated Annual Performance and
Evaluation Report (CAPER) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as
required by the U.S. Department of Housing and Urban
Development (HUD).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065.

Report in Brief
The Draft Fiscal Year (FY) 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER) is being provided to Council for review and approval. The CAPER is required annually by the federal government from those jurisdictions that receive Community Development Block Grant (CDBG) funding and documents how well the City of Concord (City) has done in meeting its goals for helping low- and moderate- income residents of Concord with the federal funding distributed under the CDBG program.

Recommended Action
Adopt a Resolution (Attachment 1) accepting the Fiscal Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER) and authorize the City Manager

4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
September 24, 2024
or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD).

Background
The Housing and Community Development Act of 1974 requires that all CDBG Program entitlement jurisdictions submit three documents: the five-year Consolidated Plan, the annual Action Plan, and the CAPER.

The Consolidated Plan encompasses all of Contra Costa County (County) and is a joint document produced by all members of the Contra Costa Consortium (Contra Costa Urban County, plus the cities of Antioch, Concord, Pittsburg, and Walnut Creek). It details how CDBG funds will be expended over a five-year period to meet the priority housing and community development needs of the City and County. The current plan covers the years 2020/25.

The Action Plan details how the City will allocate CDBG funds to local agencies to provide a variety of public services programs, housing, capital improvement, and other projects that improve the quality of life for Concord’s most at-risk residents.

The CAPER is a report card that documents how well the City has met its goals for helping low- to moderate-income residents of Concord with federal funding distributed under the CDBG program. The overall goal of the program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities for those residents most at risk. The CAPER provides the City and interested stakeholders with an opportunity to evaluate the progress Concord has made in carrying out priorities and objectives contained in the City's five-year Consolidated Plan and annual Action Plan.

Analysis
The City identified several high priorities for FY 2023/24 and made excellent progress in meeting the objectives and goals submitted in the FY 2020/25 Consolidated Plan.

CDBG-funded Public Service projects provided a wide range of social services and assistance to more than 30,000 residents and households. A variety of local agencies provided services including emergency shelter for victims of domestic violence, fair housing and tenant/landlord activities, services for abused and neglected children, food and case management assistance for seniors and other special needs populations, rental assistance to prevent homelessness, food for low-income families, and services to assist homeless individuals. Concord continues to focus on outcome-based performance measurements as a means to ensure that needed services are delivered and that the results can be easily quantified.

Between June and December 2020, the City allocated a total of $919,352 in Community Development Block Grant – Coronavirus (CDBG-CV) funds for emergency rental

City Council Agenda Report
Agenda Item No. 4.d
September 24, 2024
assistance to low-income tenants impacted by the COVID-19 pandemic. However, in January 2021, the State launched an Emergency Rental Assistance Program (ERAP) that mirrored the City’s program but ultimately covered up to 100% of a tenant’s back due rent. Concord’s program, which was contracted to Shelter, Inc., was put on hold temporarily as applicants were assisted with applying to the State program. This allowed the City to preserve its CDBG-CV funds for use when State funds were no longer available. The State program sunset on March 31, 2022, and the City’s program was reactivated; one hundred and sixteen (116) Concord tenant households were served from program start until June 30, 2024.

The City also provided $245,000 to ECHO Housing/Centro Legal de la Raza to provide tenant/landlord counseling/mediation and legal services to tenants. Many tenants were protected under eviction moratoriums and while applying to the State for ERAP assistance. From July 1, 2022, to June 30, 2023, ninety-two (92) Concord tenants received counseling or mediation services, with twenty-one (21) receiving legal services.

A special effort has been made in the FY 2020/25 Consolidated Plan to help preserve affordable housing and maintain Concord’s older housing stock. Through the Housing Rehabilitation Loan and Grant Program the City provides emergency repair grants and loans to income-qualified homeowners. The City was able to provide fourteen (14) grants to low-income homeowners for emergency repairs and correction of health and safety code issues, including roof repair, electrical and plumbing upgrades, and accessibility improvements. Ten (10) of these homeowners were elderly with a disabling condition and four (4) were households where at least one (1) member had a disability.

The City provided funds for economic development, with the goal of reducing the number of persons with incomes below the poverty level, expanding economic opportunities for low-income residents, and increasing the viability of neighborhood commercial areas. Monument Impact received CDBG funds for the Business Support program, which assists low-income owners of existing and emerging businesses in achieving self-sufficiency by securing a business license. Opportunity Junction also received funds for the Healthcare Career Pathway program. This program trains low- income job seekers to enter the healthcare field as Certified Nursing Assistants and secures job placement through contracts with local skilled nursing facilities. CDBG funds assisted twenty-one (21) low-income business owners in obtaining business licenses and thirteen (13) individuals received training to enter the healthcare field.

CoCo Kids received Child Care Developer Fees (CCDF) to provide microenterprise assistance to very low-, low-, and moderate-income Concord residents who want to maintain or start stable small businesses as licensed home-based family childcare providers. The City was able to assist thirteen (13) eligible Concord residents in starting or strengthening their home-based childcare and provide important training to childcare staff and families.

City Council Agenda Report
Agenda Item No. 4.d
September 24, 2024
For FY 2023/24, youth services in Concord were funded through Child Care Developer Fees. Funds were provided to the Mt. Diablo School District CARES After School Program, which provides after school supervision to students at five (5) elementary and two (2) middle schools in predominately low-income areas serving over 1,100 students this past year. Activities include homework assistance, arts and crafts, and sports, with healthy snacks being provided. CCDF was also allocated to the Bay Area Crisis Nursery to provide emergency shelter to children infant to age five (5) whose parents are in crisis. For FY 2023/24, eighty-eight (88) young children were provided with emergency shelter.

CDBG infrastructure funds were provided for the construction of thirty-one (31) curb ramps as part of the Americans with Disabilities Act (ADA) Transition Plan, providing increased mobility and accessibility to elderly and disabled residents.

Financial Impact
The City allocated $1,400,048 in grant funding from Community Development Block Grant (CDBG), Child Care Developer Fees (CCDF), Revolving Loan Funds (RLF), and Program Income in the form of interest earned on loans repaid to the CDBG account.

There were no General Fund monies allocated.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution accepting the Fiscal Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER)
Exhibit A: FY 2023/24 CAPER

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the FY2023/24 Consolidated
Annual Performance and Evaluation Report
(CAPER) and Authorizing the City Manager or
Designee to Submit, on Behalf of the City of Concord,
the CAPER, Consistent with the Program Rules
which Govern the Community Development Block
Grant (CDBG) Program as required by the U.S.

Department of Housing and Urban Development
(HUD)
Resolution No. 24-XX
____ /

WHEREAS, the City of Concord has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant (CDBG) funds to help develop viable urban communities through providing decent housing, a suitable living environment, and economic opportunity for lower income residents; and
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a one year Consolidated Annual Performance and Evaluation Report (CAPER) as a subsidiary document to the Consolidated Plan, to report on how well the City has met its goals for helping low to moderate- income residents of Concord with federal funding distributed under the Community Development Block Grant (CDBG) program; and
WHEREAS, the City of Concord allocated funds in the amount of $1,400,048 for Fiscal Year 2023/24; and
WHEREAS, the City of Concord, consistent with HUD’s program rules on eligibility, allocated all CDBG funds to a number of programs, activities and projects in support of HUD’s National Objectives to primarily benefit low- and moderate-income persons, or serve to arrest or minimize the effects of slums or blight, or provide for urgent needs. //
//
Attachment 1

Res. No. 24-XX 2

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

Section 1. That Council action on this item is not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15273, 15378, and/or Public Resources Code Section 21065.

Section 2. That the City hereby determines that it is appropriate to submit its FY 2023/24 one- year Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD), detailing the City’s progress in serving Concord’s low to moderate income residents, in accordance with the priorities outlined in the 2020/25 Contra Costa HOME Consortium Consolidated Plan and in support of HUD’s national objectives.

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

PASSED AND ADOPTED by the City Council of the City of Concord on September 24, 2024, by the following vote:

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

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: City of Concord FY2023/24 CAPER

CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The City has made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan. CDBG-funded projects provided a wide range of social services and assistance to more than 28,000 residents and households, including the homeless, mentally and physically disabled, seniors, victims of domestic violence, and other special needs populations. Concord continues to focus on outcome-based performance measurements as a means to ensure that needed services are delivered and that the results can be easily quantified. The City is currently completing the second year of the 2020/25 Consolidated Plan period and anticipates meeting or exceeding every goal/objective.

Funding for the City’s ADA Transition Plan provided curb and sidewalk improvements that removed barriers that restrict mobility and accessibility of elderly or disabled persons. The City installed 31 curb ramps, providing mobility impaired residents and visitors new and safer access to local services and businesses.

The City’s Housing Rehabilitation Loan and Grant Program provided seventeen grants to low-income homeowners for needed repairs and improvements. Eleven of the homeowners were elderly, five were disabled and eleven were low- to extremely-low income.

Needed repairs included roof replacement, plumbing repairs, sewer replacement, water heaters and accessibility features such as ramps, handrails, grab bars and step-in showers.

The City provided funding for Economic Development programs. Low-income existing and emerging small businesses were assisted with business plan development, financial planning and applying for business licenses, allowing them to achieve self-sufficiency by starting or growing a micro-enterprise. The City also funded a Certified Nursing Assistant (CNA) training program to help participants earn certification and build a foundation for a sustainable career in healthcare services. The program combines technical training with life skills, case management, career skills, job placement, and long-term follow-up. These programs will help to provide jobs to low- income residents in the City now and in the future.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Goal Category Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
AH-1 Existing
Housing Stock
Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
125 49 39.2.% 15 17 88.23%
Exhibit A to Attachment 1

CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
CD-1 General Public
Services
Non-Housing
Community
Development
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 45000 39545

87.87% 9100 10663
117.11%
CD-2 Non-Homeless
Special Needs
Population
Non-Homeless
Special Needs
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 7500 4875

65.0% 950 1893
199.20%
CD-3 Youth
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 4500 4664
103.63% 1365 1957
143.30%
CD-4 Fair Housing
Non-Housing
Community
Development
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 125 115 92% 25 46
184.0%
CD-5 Economic
Development
Non-Housing
Community
Development
Jobs
created/retained Jobs 20 36
180.0% 15 21 149.0%
CD-5 Economic
Development
Non-Housing
Community
Development
Businesses
assisted
Businesses
Assisted 50 77
154.0% 10 15
150.0%

CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
CD-6
Infrastructure/Public
Facilities
Non-Housing
Community
Development
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 40000 24000

60.0% 8000 8000
100%
CD-7 Administration Administration Other Other 1 1
100% 1 1
100%
H-1 Emergency
Shelter and
Homeless Related
Svcs
Homeless
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 100 3635
3635% 100 1938
1938%
H-1 Emergency
Shelter and
Homeless Related
Svcs
Homeless
Homeless
Person
Overnight
Shelter
Persons
Assisted 50 62
124.0% 10 32
320.0%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City identified a number of high priorities for FY 202 3/24 and made excellent progress in meeting the objectives and goals submitted in the FY 2020/25 Consolidated Plan. Special effort has been made to help preserve affordable housing and maintain Concord’s older housing stock, which is predominately owned by t he elderly. Through the Housing Rehabilitation Loan and Grant Program the City provides emergency repair grants to $15,000 and loans to $75,000 to income-qualified homeowners. The number of loans and grants available is limited by the amount of funds and the needs of the City’s older housing stock. The City was able to

CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
provide twenty grants to low-income homeowners, fourteen of them seniors.

The City’s older homes are often owned by elderly residents who purchased their homes many years ago. These residents are typically on fixed incomes and may not have the means to perform regular maintenance and repairs or to qualify for traditional home r epair loans. In recent years the cost of construction has increased due to the rising cost of supplies as well as pandemic related supply chain delays. This has had an impact on the number of residents who can be assisted as the cost of each individual project has increased.

Concord provided funds for Economic Development with the goal of reducing the number of persons with incomes below the poverty level, expanding economic opportunities for low -income residents, and increasing the viability of neighborhood commercial areas. Opportunity Junction and Monument Impact, both local nonprofits, received CDBG funds to provide training and job placement for Certified Nursing Assistants and to assist the low-income owners of existing and emerging small businesses. The Child Care Council received Child Care Developer Fees (CCDF) to provide microenterprise assistance to very low to moderate -income Concord residents who want to maintain or start stable small businesses as licensed home-based family child care providers.

The City does not currently fund Youth Services through CDBG. Concord uses CCDF to fund the Mt. Diablo School District CARES After School Program, which provides activities, homework assistance and healthy snacks to elementary and middle school students. The City also provides CCDF to the Bay Area Crisis Nursery, which provides shelter and care to children up to five years old whose parents are in crisis and are unable to care for them.

CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 4,911
Black or African American 869
Asian 981
American Indian or American Native 223
Native Hawaiian or Other Pacific Islander 100
Total 7,084
Hispanic 879
Not Hispanic 6,205

Table 2 – Table of assistance to racial and ethnic populations by source of funds

Narrative
HUD reporting requirements for race and ethnicity include five additional categories not reflected above. City CDBG funds also provided services to residents self-identifying as American Indian/White, Asian/White, Black/White, American Indian/Black and Other Multi- Racial for a total of more than 28,000 residents.

CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,400,048 1,054,902
Other public - local 150,000 143,160
Table 3 - Resources Made Available

Narrative

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
City of Concord 100 Citywide
Table 4 – Identify the geographic distribution and location of investments

Narrative
In addition to CDBG funds, the City allocated $150,000 in Child Care Developer Fees (CCDF) specifically to support child day care services. The Mt. Diablo School District CARES After School program received funding to provide after school activities to more than 1,000 youth. CocoKids received CCDF to provide support and training to local family day care providers in Concord. The Bay Area Crisis Nurssery (BACN) received funding to provide secure emergency shelter for up to 30 days for children up to five years old whose parents are in crisis. In the past year BACN sheltered 36 Concord children. The City also allocated $100,000 in Revolving Loan Funds to the Homeowners Rehabilitation Loan and Grant program.

CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

During FY 2023/24, CDBG and CCDF funds leveraged almost $25 million from local resources and agency matching funds to accomplish the housing and non-housing objectives identified in Concord’s Consolidated Plan. These funds are often coupled with local funds, allowing projects to compete for additional funding provided by tax credits, bonds, and state financing programs.

An investment by the City makes projects more competitive in various funding competitions.

Although all sources and types of funds are more limited due to the current economic climate and the demise of statewide redevelopment tax-increment funds, the City will continue to search for additional sources of funding from local, state, federal, and private sources.

To help leverage resources, the City requires a 15% match for all projects funded up to $10,000, and a 20% match for all projects over $10,000. Matching funds for these projects typically include other federal or state funds, or private funds from foundations and donations. Please see Exhibit A-2 for leveraging information by project.

As CDBG-CV funds were allocated for emergency services through short-term contracts, matching funds were not required.

The City owns two properties that may be used for housing purposes. For one property, Council entered into an Initial Exclusive Negotiating Agreement that gives a developer permission to study feasibility for 18 months of a mixed-use project that would include a residential component. Concord City Council has allocated $7.8 million to a nonprofit developer for the new construction of 62 units of affordable housing which began construction in 2022. The City is particularly interested in housing for veterans, seniors, disabled and the low-income workforce. Services to these communities are among the priorities identified in Concord’s 2020/25 consolidated plan.

CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 25 17
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan and the 2023/24 Action Plan. Problems in meeting those goals are primarily the result of the limited funding available and the increased costs of materials and labor in today’s market. There were also some delays in completing projects due to COVID restrictions.

The City allocated $535,417 in CDBG and Revolving Loan Funds to be used for housing rehabilitation grants and loans. As discussed previously, the City provided seventeen (17) grants

CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
to low-income households for the repair of health and safety issues in their homes. The number of homeowners that can be assisted is limited by the amount of funds available. In addition, the number of contractors willing to bid on these small projects on a reimbursement basis is very limited, making it difficult to move projects along in a timely manner.

The City provided $1,298,132 in CDBG-CV funds for emergency rental assistance and legal services to low-income tenants impacted by the COVID-19 pandemic. Assistance was provided to 121 households through April, 2021. At that time, the California State rental assistance program was introduced. Agencies funded by Concord began assisting tenants with applying for those funds in order to preserve CDBG-CV funds for when the State program sunset on March 31, 2022. At that time, the balance of the CDBG-CV funds were again made available and assistance was provided to 90 tenant households.

On July 7, 2020, the Concord City Council adopted the Residential Tenant Protection Program (RTPP). The RTPP builds on State tenant protections by increasing the amount of relocation assistance from $1,000 to $5,000 or two months rent, whichever is more. The RTPP also includes a requirement for the landlord to offer a lease of at least 12 months. If the tenant declines, the landlord must offer a lease of at least 6 months. If the tenant again declines the landlord may issue a month-to-month least.

Concord has a long history of supporting the construction and conservation of affordable housing, In June, 2018, Concord allocated $5.5 million in City Affordable Housing Funds to Resources for Community Development (RCD), a nonprofit housing developer, for the new construction of 44 units. In May, 2019, City Council allocated an additional $2.3 million for a total of $7.8 million to allow RCD to acquire an adjacent property and increase the size of the project to 62 units. The complex will serve low income residents at 30% to 60% of AMI.

Concord is currently developing a Reuse Plan for the 5,028 acre Inland Area of the Concord Naval Weapons Station, which was created by the Navy in the 1940s during World War II. The Inland Area of the base was deactivated in 1997 and declared surplus property by the Navy in 2007. The development of the area represents a significant opportunity for the City. The Reuse Plan will improve the quality of life for residents of Concord and the region through creation of new jobs, a variety of housing types, significant open space, preservation of natural resources, active parks, pedestrian and bike trails and community facilities. The project is expected include new residential units, 25 percent of which will be affordable housing.

Discuss how these outcomes will impact future annual action plans.

In FY 2023/24, Concord allocated CDBG funds for the Housing Rehabilitation Loan and Grant program. Due to the rising cost of construction and repairs it is difficult to adequately meet the needs of the City’s aging housing stock. Due to the rising cost of materials and labor, as of July 1, 2022, the City has increased the maximum grant amount from $15,000 to $25,000, which will further limit the number of residents that can be served.

CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
As the Naval Weapons Station Reuse Plan is developed the resulting affordable housing units will be included in future action plans. The development is anticipated to provide a variety of services for homeless and low-income individuals and families, and will be reported in future action plans.

In February 2022, the City hired a consulting firm to assist in development of a Homeless Strategic Plan along with a Council appointed Working Group. This Project identied opportunities for system partnerships and funding resources that can be leveraged to assist with meeting the needs of those experiencing homelessness and vulnerable populations who are at risk of homelessness.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 12,420 0
Low-income 2,530 0
Moderate-income 99 0
Total 15,049 0
Table 7 – Number of Households Served

Narrative Information
Along with the greater Bay Area, Concord is faced with increases in the cost of rental housing without adequate increase in wages for low-income earners. The City will continue to support the preservation of affordable housing by funding needed home repairs for low income homeowners, providing funds for financial assistance to help prevent homelessness or to quickly rehouse the homeless, and by supporting economic development to promote self- sufficiency. Special needs groups such as elderly/frail elderly, persons with disabilities, persons who suffer from alcohol and other drug addictions, persons who are victims of domestic violence and persons living with HIV/AIDS are at an especially high risk of homelessness. Due to their special needs and/or circumstances, they may have difficulty accessing affordable housing and face obstacles created by lack of income. The City of Concord will continue to provide CDBG and local funds to programs that improve the quality of life for residents with special needs.

CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Contra Costa Continuum of Care uses a number of strategies to reach out to unsheltered persons experiencing homelessness and assess their individual needs, including direct outreach and marketing, the use of phone-based services including the 211 line, marketing in other languages (e.g., Spanish), making physical and virtual locations accessible to those with disabilities, and collaborating with local law enforcement.

Outreach Services: As a part of the Contra Costa Coordinated Entry System, CORE (Coordinated Outreach, Referral and Engagement) Teams serve as an entry point into the homeless system of care, providing both day and evening outreach resources and services to encampments and service sites. Concord provides CDBG, CPHHCD, Permanent Local Housing Allocation (PLHA) and other local funds to provide dedicated homeless outreach services in the City 40 hours per week. The outreach teams seek out individuals on the street and in encampments and provide clients with access to food and shelter, and to integrated health, mental health and substance abuse services. In January, 2022, the City added a clinical level social worker to the CORE team to better meet the needs of unhoused residents.

Health Care for the Homeless: In addition to providing direct medical care, testing and immunization services, the County-funded Health Care for the Homeless Program uses its mobile healthcare van for outreach. The bilingual Healthcare for the Homeless Team assesses client’s needs, provides social support, and links clients to appropriate services and programs.

Addressing the emergency shelter and transitional housing needs of homeless persons Crisis services, including emergency shelter and transitional housing, are a critical component of the Contra Costa Coordinated Entry System. For individuals and families experiencing a housing crisis that cannot be diverted, CORE Teams and CARE Centers make referrals to over 900 emergency shelter and transitional housing beds throughout Contra Costa County. In keeping with a Housing First approach, the goal of Contra Costa’s crisis response system is to provide immediate and easy access to safe and decent shelter beds, when available, to the most vulnerable unsheltered people, including those that are chronically homeless, with the housing- focused goal of re-housing people as quickly as possible. Contra Costa CoC has established system-level performance measures for emergency shelter, including reducing the average length of stay increasing exits to permanent housing and increasing non-returns to

CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
homelessness.

Under HUD's CoC Program NOFA, the County CoC obtained an award $17,318,215 the majority of which supports funding for outreach, rental assistance, and housing navigation and placement into permanent and permanent supportive housing for the most vulnerable, including seniors, chronically homeless individuals, and for survivors of domestic violence and their children.

The City’s Community Services Manager participates in the Council on Homelessness advisory meetings facilitated by Contra Costa County Continuum of Care and has served on CoC subcommittees focused on performance measurement and homeless awareness initiatives within the broader community.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Contra Costa CoC has implemented a triage tool used by 211 and other crisis service entry points into our system to identify individuals at risk of homelessness and connect them to prevention, intervention services, and diversion services. Within the past four years, the CoC also implemented rapid resolution services to assist clients at the system access points move towards early alternate stable housing options and reduce inflow and length of time in the homeless system. Rapid Resolution services, which also includes landlord-tenant mediation, was scaled to allow all service providers to use those strategies to help clients at any stage.

Rapid Resolution services have also been paired successfully with the CoC’s flexible housing pool (Housing Security Fund), to provide financial assistance that may be necessary to secure those alternate housing options, including short term rental assistance and utility arrears.

There is significant cross system collaboration including with hospitals and clinics, Department of Probation, law enforcement, and the Office of the Public Defender. H3 and other CoC partner agencies work closely with those systems, agencies and the County Employment and Human Services Department to ensure affordable housing and social services are available to individuals who are at risk of discharge into homelessness or unstable housing.

In cooperation with the local VA, Contra Costa's CoC has worked to increase its capacity to house and serve homeless veterans, including the distribution of HUD-VASH vouchers and rental assistance for permanent housing units provided to homeless veterans and their families under the Supportive Services for Veteran Families (SSVF) program.

CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)

Access to Affordable Housing: The City has a long history of working with non-profit housing developers and encouraging the inclusion of units affordable to households with extremely-low incomes and those with special needs. Concord is currently developing a Reuse Plan for the 5,028 acre Inland Area of the Concord Naval Weapons Station, which was created by the Navy in the 1940s during World War II. The project is expected include 12,000 new residential units, 25 percent of which will be affordable housing.

Construction of Affordable Housing: In February, 2018, Concord released a Notice of Funding Availability (NOFA) for $14 million in affordable housing funds to be used toward further actualizing Concord’s opportunities for quality affordable housing. The City accepted a proposal from Resources for Community Development (RCD) for the new construction of 62 affordable units. The groundbreaking for this project occurred in 2022.

The City continues to work with the Contra Costa Public Housing Authority (PHA) and local affordable housing developers to maximize the inventory of affordable housing units to which formerly homeless clients can eventually transition.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City received State Permanent Local Housing Allocation (PLHA) grant funds and have allocted those funds to a Rapid Rehousing Program for Homeless Inidivuals and Families. The program was developed during Spring, 2022, and launched on September 1, 2022. The Contra Costa CoC uses the VI-SPDAT (which includes length of homelessness as measure of vulnerability) to help prioritize the most vulnerable people for available Permanent Supportive Housing. This process is used to prioritize individuals and families for Rapid Rehousing and permanent housing options, including Permanent Supportive Housing for individuals and families with high needs. Available housing is also prioritized for persons who have been homeless longest. The CoC and homeless services providers are committed to reducing length of time persons are homeless by reducing barriers to housing and services using a Housing First approach.

Chronically Homeless: Chronically homeless consumers are generally the most difficult to move from the streets and back into housing. The county tracks chronicity in a By-Name List. The County continues to invest in permanent supportive housing, housing intensive interim housing strategies, and other resources to reduce the length of time persons remain homeless and

CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
ensure healthy, stable housing is available for those who need it. . The County has planned the development of a HUD CoC-funded County project for High Utilizers of Multiple Systems (HUMS) containing microunits with onsite intensive case management. Since those funds were awarded, the County has used that funding to permanently house chronically homeless high needs individuals, which allows the target population to benefit from stable permanent housing even before the project building is completed.

Families with Children: Families experiencing a housing crisis who cannot be diverted are connected to crisis services and assessed for permanent housing using the Family VI-SPDAT.

Using a Housing First approach, the Coordinated Entry Manager makes referrals to services and housing based on the prioritization to ensure the most vulnerable are first matched to resources that meet their needs. As of FY23/24 there are fifteen Rapid Rehousing projects dedicated to various target populations such as those who are formerly incarcerated, veterans and families with childrens. Rapid Rehousing Concord has focus on assisting families as well as individuals.

CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There are no Public Housing Units in the City of Concord. The Housing Authority of Contra Costa County (HACCC) assists Concord residents through the Section 8 Existing Housing Program.

Section 8 Certificates/Vouchers allow very low-income (below 50% of area median income) families to pay no more than 30% of their income on housing. The HACCC contracts with rental housing property owners to pay the difference between what tenants can afford and fair market rents.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City of Concord provides funds for the Below Market Rate and First Time Homebuyer programs, which specifically target low-income residents, including those who are exiting public housing assistance programs. These programs are widely marketed through various support services and programs throughout the City.

Actions taken to provide assistance to troubled PHAs
Concord residents are assisted through the Housing Authority of Contra Costa County (HACCC) with Section 8 certificates and vouchers. This program is well run and has provided excellent service and support to low-income City residents.

CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Housing Element Update adopted by the Concord City Council on January 6, 2015, included Program H-1.2.3, which promoted development of housing in the Downtown that is affordable to households at a range of income levels (extremely-low, very-low, low, moderate, and above moderate incomes). In 2019, the City allocated a total of $7.8 million to Resources for Community Development for the construction of a 62 unit (61 of which would be income- restricted) affordable housing development located in Concord Downtown area.

Policy H-1.3 promoted the development of single-family homes that are affordable to very low, low & moderate-income households in all new single-family developments as well as in existing single-family neighborhoods. In 2021 the City added to its below market-rate inventory, five new single family homes affordable to moderate income households. The City provided first- time homebuyer funds to three new households earning between 60 to 100% AMI.

Program H-1.4.2 encouraged allowing secondary units in the single-family districts in accordance with State law. In December 2020, the City utilized the awarded $310,000 in California State Planning Grant Program grants to encourage the construction of accessory dwelling units (ADU) by contracting with a design firm to draft pre-approved ADU architectural plans which the City will make available free of charge to the public and will allow a streamlined approval process through the City's Planning Division.

Program H-1.4.3 reviewed the development code as it relates to secondary units and considered amendments to make the development of secondary units more feasible. In fiscal year 2020/2021, the City amended its ADU and Junior ADU ordinance to conform to less restrictive State law.

Program H-1.4.4 encouraged the City to evaluate its fees for second units to determine if the fees could be scaled so that small units or units created through conversion of habitable space are charged at a lower commensurate rate than larger units. This included a reduction in impact fees for small secondary living units of approximately $5,000. Square footage requirements were expanded to allow for smaller as well as larger units ranging from 150 sq.ft. to a maximum of 1200 sq. ft.

Program H-2.1.1 encouraged the utilization of public funds to provide assistance in the rehabilitation and conservation of deteriorated single-family homes, multifamily developments, and mobile homes. The City provided 17 rehabilitation grants for low-income homeowners.

Program H-2.4.1 established a mechanism to determine whether there is a risk of displacement of existing Concord residents and establish programs to mitigate this risk. In 2020, the City

CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
Council approved the Residential Tenant Protection Program which requires minimum lease terms and a greater relocation assistance payment than what is offered by the State. In December 2020, the Council established a Rent Registry to allow collection of various rent and eviction data and help inform future policy decisions. In June, 2022, Concord established a Residential Tenant Anti-Harassment Ordinance to address issues of landlord harassment of tenants.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The primary concentration of minority and low-income population in Concord is in the Monument Corridor, a triangular area between Highway 242 and Monument Blvd., up to Concord Avenue. This area lies within census tracts 3361, 3362, and 3280.

This area has been identified by the Concord City Council and targeted by the United Way of the Bay Area, the Hospital Council (John Muir/Mt. Diablo Community Health Fund), Contra Costa County Health and Human Services and other organizations as an area of substantial need for community resources. The City continues to provide for these at-risk residents by allocating funding to local community groups that provide food, health services and family support programs. In March 2023, Concord City Council approved American Rescue Plan Act funds to pilot a guaranteed income program that will target extremely low income or low income households.

Concord continues to support programs that benefit the underserved populations and those residents most at-risk, providing funding for programs across the city through the CDBG program, the Concord/Pleasant Hill Health Care District and through Child Care Developer Fee.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) In November, 2007, the City of Concord was awarded a Lead Hazard Control grant by HUD totaling $1,389,228 over a three year period. Using a comprehensive strategy, the City clearly identified allr single family and multi-family housing stock built before 1979 that had the possibility of being contaminated by lead-based paint. The City conducted extensive outreach and provided education about the hazards of lead poisoning and lead-based paint. Owners of multi-family properties built before 1979 were also contacted directly and given information about health hazards associated with lead-based paint and the methods and resources for lead based paint stabilization and abatement. It is estimated that, through this program, the City was able to address a large percentage of the lead hazards in homes in Concord.

Since the end of the grant period Concord has continued to address lead based paint hazards citywide through the Homeowner Rehabilitation Loan and Grant Program. Each loan and grant application received is assessed for lead based paint. If remediation is triggered then a parallel process for lead based paint is followed for the application, which includes a separate property

CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
evaluation, inspection, report, work write-up, bid process, contractor evaluation and selection, separate execution and clearance of the work, and separate documentation and record keeping to satisfy federal regulations.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Reducing the number of persons living below the poverty level within the City of Concord requires a comprehensive approach to poverty that includes: access to housing of choice unimpeded by discrimination; availability of affordable housing; job opportunities that require limited educational background and/or work experience as well as jobs that offer opportunities for growth and advancement and a living wage; opportunities for people with disabilities to move freely, live independently, and become or remain financially independent to the best of their abilities; access to health care for individuals, families, and children; safety nets for those balancing precariously on the economic edge, including seniors, single-parent families, minimum-wage earners, and others; and provision of life’s basic requirements, such as food, shelter, and clothing, for those without these necessities. In FY 2023/24, the City also provided funds for Economic Development activities that enable low-income small business owners to start or grow their businesses, leading to greater self-sufficiency.

The City Council, Community Services Commission, and City staff embrace a holistic approach to addressing these issues as they meet to plan each year’s funding allocations. Guided by community input shared in Public Hearings and in community-wide surveys, needs are heard, priorities are determined, and funds are allocated.

However, general economic conditions, the foreclosure crisis, and increased costs of rent, health care and food are resulting in greater numbers of people in need of even the most basic services, such as food pantry and hot lunches. The number of low-income families financially impacted by the COVID crisis has put a further strain on the ability of the City and community service providers to meet the needs of residsents.

In 2022, Concord used Permanent Local Housing Allocation funding made available by the State of CA Housing and Community Services department to support a Rapid Rehousing Program specific to families at risk or experiencing homelessness in Concord. This funding has assisted over 25 families with diverse services such as housing navigation, case management and referrals. The City of Concord through American Rescue Plan Act funding has approved a guranteed income pilot with a non profit provider assisting extremely low and low income families.

In 2023, the City of Concord is developing a Homeless Strategic Plan that will identify gaps in services to the most vulnerable extremely low income population who are either homeless,

CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
unstably housed or at risk of homelessness. The plan proposed seven core strategies that the City is working to implement to create long term impact in reducing homelessness.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Concord works within an institutional structure, which includes private industry, nonprofit organizations, and public institutions, to carry out its housing and community development plan.

The Contra Costa County HOME Consortium is comprised of the County Conservation and Development Department’s staff and the cities of Antioch, Concord, Pittsburg, and Walnut Creek. The City of Concord is an active member of the Consortium, and works with it to streamline CDBG processes for non-profit recipients. The Consortium meets monthly to share information and work on ways to overcome gaps between our respective institutional structures and enhance coordination of funding and service delivery throughout the County.

Working together to support mutual projects has developed the Consortium members into a close, supportive team who have a much better understanding of each other’s challenges and needs.

Consortium members utilize a single grant application used by all jurisdictions; a single monitoring form with joint monitoring of agencies and shared results with other members; a joint grant process and joint meetings for all applicants and recipients of funding; quarterly or greater Consortium meetings; and increased technical assistance to nonprofits through individual meetings and workshops. Consortium members have continually streamlined processes to benefit agencies and to reduce our administrative costs, effectively channeling additional funds to our communities.

The City has embraced a style of governance known as Community Oriented Government (COG). COG is based on a philosophy that recognizes the interdependence and shared responsibility of the City government and the community in making Concord a city of the highest quality, continually enhancing the safety, environment, quality of life, and economic vitality of our city. It is a method of governance that encourages partnerships to identify community issues, determine resources, and apply innovative strategies designed to create and sustain healthy, vital neighborhoods. The five building blocks that are key to Community Oriented Government are partnerships, empowerment, problem solving, accountability, and customer orientation. The COG approach is founded on collaboration, both internally and externally, and responsiveness to internal and external consumer needs. This approach helps to reduce gaps inherent in institutional structures such as city government by increasing communication, developing partnerships, and enhancing coordination.

Participation in the Contra Costa Council on Homelessness enhances coordination of efforts to improve neighborhoods and overcomes gaps between governmental institutional structure and

CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
entire community. The Community Services Manager is a regular participant at the Council on Homelessness meetings and has served on subcommittees.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
There are no Public Housing Units in the City of Concord. The Contra Costa Housing Authority assists Concord residents through the Section 8 Housing Program. Section 8 Certificates/Vouchers allow very low-income (below 50% of area median income) families to pay no more than 30% of their income on housing. The Contra Costa Housing Authority contracts with rental housing property owners to pay the difference between what tenants can afford and fair market rents.

The City allocates CDBG funds to ECHO Housing to provide Fair Housing services to local residents to help them acquire and maintain their housing. ECHO also receives City funds to provide Tenant/Landlord Counseling and Tenant Legal Service to help low-income tenants maintain their housing.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) City staff, along with staff from the other Contra Costa CDBG entitlement jurisdictions (Antioch, Pittsburg, Walnut Creek and the Urban County), worked together to prepare the Contra Costa Consortium Analysis of Impediments to Fair Housing Choice (AI). An update of the AI was completed and approved by each Contra Costa CDBG entitlement jurisdiction in 2017.

Recommendation #1: Increase Public Awareness of Fair Housing Rights – Concord continues to provide CDBG support to agencies to provide Fair Housing consulting services. Fair housing service providers and their partner agencies continue to expand outreach to the community regarding fair housing rights. housing trainings and outreach at various non-profit agencies throughout the County.

Recommendation #2: Improve Financial Assistance for Housing – Concord and the Consortium continue to collaborate to expand affordable housing in communities where such opportunities are limited. The City and the Consortium allocate resources to encourage and facilitate the development of affordable housing throughout the entire Consortium, resulting in the development of new affordable housing.

Concord contracts with Bay Area Affordable Homeownership Alliance (BAAHA) to assist qualified low-and moderate-income individuals with the purchase of their first home. FTHB loan funds are to assist with down payment and/or closing costs.

Recommendation #3: Review Home Purchase Loan Denial Figures with Local Lenders – The Consortium has incorporated in the CDBG contracts with their respective Fair Housing

CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
consulting agencies a review and monitoring of HMDA data in regard to loan denial rates among racial/ethnic minorities.

Recommendation #4: Increase Access to Special Needs Housing – The City has instructed its Fair Housing services provider to incorporate education and information to tenant, owners, and agents of rental properties about the necessity to provide equal access to housing to special needs populations.

Recommendation #5: Review Municipalities Planning Code and Offer Incentives - This recommendation is a long-term goal and the City has begun developing steps to implement this recommendation through the Densitiy Bonus Ordinance, the Inclusionary Housing Ordinance and the Accessory dweling Ordinance.

City staff, along with staff from the other Contra Costa CDBG entitlement jurisdictions (Antioch, Pittsburg, Walnut Creek and the Urban County), and the Public Housing Authorities of Contra Costa County, Pittsburg, and Richmond worked together to prepare the Contra Costa Consortium Analysis of Impediments/Assessment to Fair Housing Choice (AI/AFH). The AI/AFH was completed for the period from July 1, 2020 to June 30, 2025 to coincide with the Consortium’s Consolidated Plan.

CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
Concord CDBG staff closely monitors and reviews agency activities during the program year.

This process begins with a detailed contract which outlines performance objectives and reporting requirements. Quarterly reports are thoroughly reviewed to ensure that agencies are on track to achieve their performance outcomes, and that they are serving eligible clients that represent Concord’s diversity. Quarterly Sources and Uses reports are compared to budgets to verify the need for CDBG funding and ensure that fundraising goals are on track. Quarterly Requests for Reimbursement are carefully reviewed to ensure compliance with applicable OMB circulars and HUD regulations. CDBG staff is in close communication with agency leadership and program staff throughout the year. Finally, staff ensures ongoing compliance by monitoring various CDBG Subrecipients annually and sharing monitoring results of mutually-funded programs with Consortium members.

The City of Concord is knowledgeable of and complies with CDBG program and comprehensive planning requirements. Community Services Division activities are based on a HUD-approved Consolidated Plan spanning the years from 2020/25, including priorities for funding and meeting goals and objectives established in that document. Concord participated with the Consortium to produce a joint Analysis of Impediments which was adopted as part of the 2010/15 Consolidated Plan and an update to the AI that was accepted by Council in July, 2017.

It guides actions taken to ensure fair housing and equal access to all Concord residents. The 10- Year Plan to End Homelessness in Contra Costa County was consulted before the fund allocation process began to determine the highest funding priorities for homeless and other populations with special needs.

Fostering, producing, and maintaining housing that is affordable to a wide spectrum of Concord residents has been a commitment by the City of Concord for decades. Barriers to affordable housing have been addressed by a variety of planning and funding considerations, and will continue to be a focus of the City.

Annual Action Plans and Consolidated Annual Performance and Evaluation Reports (CAPER) are thorough, timely, and have been accepted by HUD. NEPA Environmental Reviews procedures are followed for every funded activity. Monitoring of sub-recipients is conducted on a regular schedule using standards and procedures that are shared by other members of the Consortium.

Finally, Concord is prompt in drawing down federal funds and expediting capital and other projects, with a fund balance to meet the 150% maximum.

CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The Community Services Commission, the citizen’s advisory body that makes CDBG funding recommendations to the City Council, meets monthly in properly noticed public meetings. The public is invited to attend and may address the Commission during public comment.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

No changes were made to Concord’s program objectives during 2023/24. The Action Plan was developed with the input of the community and targeted those most in need. The local agencies that received funding have made excellent progress in meeting the needs of the City’s residents and helping to create an environment that is safe, healthy, and promotes self- sufficiency.

With the addition of CDBG-CV funds, the City has been able to serve low-income individuals and families who were and are still financially impactd by the COVID-19 pandemic. In spite of the challenges of a shifting work landscape with hybrid and remote schedules, along with high levels of workforce attrition, local community service agencies stepped forward to see that the increased need for food, referral services and emergency rental assistance was met.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No

Staff Report
Date: September 24, 2024
To: City Council
From: Valerie J. Barone, City Manager
[email protected]
(925) 671-3150
Subject: Considering directing staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for
vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues, as recommended by the Housing and Economic
Development Committee (Originally Considered by Council on September 10, 2024, when no motion was passed).

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

Staff Report
On September 10, 2024, Council considered this item. A motion was made to direct staff to proceed with the Committee’s recommendation that the City-initiate a Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues, as recommended by the Housing and Economic Development Committee. Any such drafted Ordinance changes would need to go before the Planning Commission for review and recommendation to the City Council and the City Council for action. The motion failed on a 2-2 vote with 1-recussal. Since no action was taken and staff has additional information to provide to Council to address concerns raised at that meeting, this item is being brought back for further discussion.

During their discussion on September 10th, Council expressed concern that assigning this ordinance amendment to staff could have a negative impact on the organization’s completion of the Council’s priority projects. At the time staff was unsure whether this item could be added to its work program without negatively impacting staff’s ability to focus on Council priorities, now or in the future. Council should note, however, that in

4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
September 24, 2024
order to avoid delaying work on Council priorities the City Manager has determined that she can use her discretion when to assign the work to avoid impacts on Council’s priorities. Specifically, she will only assign it when there are staff resources available to work on it without impacting Council priorities. In the meantime, code enforcement on the U-Haul Business that started this conversation would remain suspended.

The full staff report from September 10 is attached to support Council and public review of this item.

Recommended Action
Direct staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues, as recommended by the Housing and Economic Development Committee.

Attachment

1. Staff Report and Attachments from 9/10/24 meeting

Staff Report
Date: September 10, 2024
To: Concord City Council
From: Valerie Barone, City Manager
Prepared by: Valerie Barone, City Manager
[email protected]
925/671-3150
Mindy Gentry, Planning Manager
[email protected]
925/671-3369
Frank Abejo, Principal Planner
[email protected]
925/671-3128
Subject: Considering a recommendation from the Housing & Economic Development Council Committee for the City Council to direct staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues.

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

Report in Brief
On July 1, 2024, the Housing & Economic Development Council Committee (HED Committee) (Obringer and Nakamura) reviewed a referral from the full City Council (Council) to consider whether the City of Concord (City) should initiate a Concord Municipal Code amendment to allow commercial vehicle rentals in the Industrial Mixed Attachment 1 - 9/10/24 Staff Report and Attachments

City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Use (IMX) zoning district, which would include outdoor storage1 of commercial vehicles.

The HED Committee is recommending to the full Council that it direct City staff (Staff) to prepare such an amendment for future consideration.

The HED Committee consideration of this topic was initiated by Mayor Birsan and supported by the full Council. The Mayor brought the concern forward to Council in response to Mr. Claude-Alix Bertrand, the owner of the business “Boxes for Moving and Storage,” which also rents U-Haul vehicles, located at 995 Detroit Avenue, being the subject of a code enforcement action for renting U-Haul vehicles in the IMX zoning district and for storing U-Haul trucks on the public roadway, neither of which is currently allowed by Concord Municipal Code (CMC).

HED Committee Recommended Action
The HED Committee recommended that Council direct Staff to develop CMC amendments for future consideration that would allow certain vehicle rentals as a permitted land use, including outdoor storage of said vehicles on private property, in the Industrial Mixed Use (IMX) zoning district.

Further, the HED Committee recommended that Council’s direction to Staff include the following:
 The City’s general fund carry the approximately $9,000 to $20,000 cost of the CMC changes by having the effort be a City-initiated project.  Staff propose the simplest and narrowest solution to the CMC amendments to accommodate the operational needs of the Boxes for Moving and Storage business at 995 Detroit Avenue (changes would also benefit similar businesses throughout the IMX district).
 Criteria that the HED Committee thought might help achieve this direction included:
o Limiting vehicle rentals to only those that are 20-feet in length or less, and businesses that maintain 10 or fewer rental vehicles.
o Potential changes to the outdoor vehicle storage regulations such that there is more flexibility in where vehicles may be stored, so long as the storage locations are not on the public street and not visible from a public street, and the locations do not occupy required customer and employee parking spots.
1 Concord Municipal Code Section 18.20.030, Definitions, defines outdoor storage as “the keeping, in a roofed area, or partially roofed area or open roofed canopy, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours, except for building materials required for construction work on the premises pursuant to a valid and current building permit issued by the city for outdoor retail sales.”

City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Background
The CMC defines the IMX district as follows (Attachment 1):

IMX district is applied to areas of the City appropriate for a mix of light industrial, offices, and live/work facilities at an intensity of 1.0 FAR. Light industrial uses include warehouse, research and development, and artists’ studios. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services.

The CMC specifically disallows commercial vehicle and equipment rentals2 in the IMX district. The use is allowed in Industrial Business Park (IBP) and Service Commercial (SC) zoning districts. Additionally, CMC Section 18.150.120 (Attachment 2) specifies which zoning districts allow outdoor storage. Outdoor storage is currently not allowed in the IMX district. The zoning districts most similar to IMX where outdoor storage is allowed (e.g., Industrial Business Park and Service Commercial), require locating the storage along the side and rear yards of a property and only when enclosed by a solid eight-foot masonry wall with landscape screening. Storage is not allowed in the front yard or street facing yards. And, regardless of zoning district, all commercial businesses are disallowed from using the City streets for commercial vehicle or equipment storage.

Further, the CMC prohibits businesses from using employee and customer parking areas for the “sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment…” Rather, there must be a dedicated storage area meeting the outdoor storage requirements as identified.

The business at 995 Detroit Avenue is currently the subject of a temporarily suspended code enforcement action for renting U-Haul vehicles in the IMX zoning district, which use is not permitted under current CMC provisions.

Analysis
The HED Committee considered a staff report and discussed options, (Attachment 3, staff report and the meeting’s annotated agenda). Each option the Committee considered is presented below, starting with the HED’s Committee’s selected option.  HED Committee Selected Option—City-Initiated CMC Amendments: Ask the full Council to direct Staff to add, as a City-initiated and general-fund-paid project, consideration of amending the CMC to address outdoor storage location and screening requirements and to add limited commercial vehicle and equipment 2 Pursuant to CMC Section 18.20.020, Use classifications, commercial vehicle and equipment rental falls under the Vehicle and Equipment Facilities land use. This land use defines commercial vehicles and equipment as a facility that sells/rents or services and makes repairs to construction, farm, other heavy equipment, as well asl vehicles for moving or towing property (such as cranes, earthmoving equipment, forklifts, tractors, heavy trucks, cargo tracks, vans, and trailers).

City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
rentals within the IMX District. This approach would direct Staff to draft the requested amendments, with the costs for processing carried by the City’s general fund. This is not the City’s traditional approach to resolving code enforcement concerns related to existing private businesses and is not consistent with the Council-adopted “User Fees and Charges Recovery” Policy and Procedure 170 (“Fee Policy”) (Attachment 4), as this option focuses on one particular business (i.e. a private benefit) rather than offering a community-wide benefit.
o If selected, this approach requires Council to provide feedback to Staff on how this new Council-initiated project ranks in priority against the Council’s established Tier 2 priority goal3 of updating the City’s sidewalk vending regulations this fiscal year.
 Private-Business-Initiated CMC Amendments: Ask the full Council to support accepting an application to amend the CMC, if applied for by the business or property owner, to amend the outdoor storage location and screening requirements and add limited commercial vehicle and equipment rentals within the IMX district. This approach would require the business owner to carry the cost of the processing the application.

Planning Commission review and recommendation to Council would be required with the Council being the final decision makers. The cost for such a request is based on actual costs (i.e. staff time). The applicant would be required to place $20,000 into a trust account with staff time charged against the trust account on an hourly basis. Processing of the application would take between six and nine months, depending upon the level of environmental review required. Because the private business or property owner would carry the cost of the processing of the request, which will directly benefit the business and property, it is consistent with the Council’s Fee Policy. The Council Fee Policy states that projects that benefit private individuals/properties should carry their full costs. This approach is the traditional way a concern related to a particular use having conflicts with the CMC is addressed.
 Allow the Referral to End in Committee—Make No Recommendation to the Full Council: Decide to let this matter end in Committee and make no referral to the full Council. This approach would not preclude the business or property owner from applying for CMC amendments they desire relating to outdoor storage location and screening requirements and adding commercial vehicle and equipment rentals within the IMX district.
3 The Council has adopted Tier 1 goals for this fiscal year (see Attachment 5), which are the most significant focus of the Council and City organization. Tier 2 goals, of which Council adopted one related to updating the City’s mobile street vending regulations, are important to Council but are only to be worked on if doing so does not derail a Tier 1 goal and Staff and resources are available to accomplish it.

City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Additional Relevant Information:
 Maps of the IMX zoning districts are attached to this staff report (Attachment 6), so Council and the public can view those areas. This is relevant as any change made to the IMX district will impact the entire district. It is Staff’s observation that the IMX district, specifically in the area around 995 Detroit Avenue, has developed into a quality light-industrial area and Council should consider whether a commercial vehicle rental business supports light industrial investment.  The site in question at 995 Detroit Avenue could not successfully store vehicles on site given the layout of the building, the multiple tenants within the building, and outdoor storage requirements. See the attached site map (Attachment 7).

This is likely true even if the CMC were changed to allow storage of vehicles in the front yard without screening—due to the parcel’s size and that the parking area is shared with other tenants within the building. As stated above, the CMC does not allow required parking areas to be used for the storage of commercial vehicles for rent. Mr. Betrand, the owner of the business, has indicated he can store his vehicles at a nearby IMX zoned property that is not visible from the public street. Mr. Betrand indicates he no longer stores his vehicles on the public street.
 Changing the outdoor storage requirements could have a significant impact on other zoning districts within the City as the requirements are currently applied in the same manner in all zoning districts that allow outdoor storage. Council will likely want to minimize the applicability of changes to the outdoor storage requirements and concentrate solely on the IMX district. Attachment 8 has a map of all current Zoning Districts that allow outdoor storage.  The City may suspend enforcement efforts if a property/business owner is in the process of obtaining the permits or code amendments needed from the City to allow resolution of their code case and is diligently pursuing those approvals and cooperating/communicating with the City. The current code enforcement case for the U-Haul rental operations at 995 Detroit Avenue is still an open case, but it is temporarily suspended while the Council considers its next actions. If Council directs Staff to proceed with CMC amendments as a City-initiated project, the enforcement action would remain on hold until such a time as Council acts on a future zone change. If Council does not direct Staff to process the CMC amendments as a City-initiated action, then the business/property owner would be allowed one month to apply for the necessary CMC amendments. During that one-month period, and until City action on the requested CMC amendments, the City’s code enforcement effort would remain suspended. If the business owner failed to submit before the expiration of the month, enforcement would be reinitiated to obtain compliance with CMC provisions as they currently stand.

City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Optional language in some cases: No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Fiscal Impact
The anticipated cost of Staff working on a CMC amendment performed as a City- initiated project is anticipated to be between $9,000 and $20,000 based on past focused CMC amendments. Actual costs are not known at this time, as those depends upon number of hours worked and the level of CEQA review required. These costs would be carried by the City’s general fund if the HED Committee’s recommended approach is supported by a majority of the Council.

Attachments

1. Concord Municipal Code Chapter 18.50—Industrial Uses

2. Concord Municipal Code Section 18.150.120—Outdoor Storage Regulations

3. July 1, 2024, HED Committee Staff Report & Annotated Agenda

4. Policy and Procedure 170--User Fees and Charges Recovery

5. Council’s 2024-2025 Priorities

6. Map of IMX Districts

7. Aerial view of 995 Detroit Avenue

8. Map showing all Zoning Districts that allow outdoor storage.

Concord Municipal Code
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.

This chapter lists the uses that may be permitted within the business park and industrial zoning districts, the type of permit or approval required for each use, and basic development standards for the site and building. The purpose of each district is as follows:

A. OBP – Office Business Park. The OBP district is applied to areas of the city appropriate for campus-like office complexes and business parks at an intensity of 0.8 FAR.

This district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services. Commercial recreation and similar uses that require large warehouse-style buildings may be allowed. The OBP district does not allow uses that require outdoor facilities, storage, or activities. The OBP district is found in North Concord including North Point, Concord north industrial, and Willow Pass Business Parks, along Arnold Industrial Way and Bates Avenue bounded by Port Chicago Highway and Solano Way; Stanwell Business Park; and the northern portion of the Detroit Avenue/Shary Circle Business Park. The OPB district is consistent with and implements the business park (BP) land use designation of the general plan.

B. IBP – Industrial Business Park. The IBP district is applied to areas of the city appropriate for a mix of light industrial uses, warehouse and flex spaces, research and development, wholesale, and offices with limited customer access at an intensity of 0.8 FAR. The IBP district allows uses that require outdoor storage or activities when the outdoor facilities are not visible from a public street and are screened by a building or solid eight-foot wall. Commercial recreation and similar uses that require large warehouse-style buildings may be allowed. The IBP district is found in North Concord on Forni Drive, Bates Avenue, west of Port Chicago Highway and north of Bates Avenue, Industrial Way, Folsom Lane, Nelson Avenue; and the North Hillcrest area south of State Route 4, on Arnold Industrial Place and Solano Way; Franquette Avenue; and the northern portion of Detroit Avenue/Shary Circle Business Park. The IBP district is consistent with and implements the business park (BP) land use designation of the general plan.

C. IMX – Industrial Mixed-Use. The IMX district is applied to areas of the city appropriate for a mix of light industrial, offices, and live/work facilities at an intensity of 1.0 FAR. Light industrial uses include warehouse, research and development, and artists’ studios. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services. Uses that require outdoor facilities, storage, or activities may only be allowed if a use permit (UP) is reviewed and approved pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits). The IMX district is found in the North Hillcrest area south of State Route 4, properties on Arnold Industrial Place, and the Attachment 1

southern portion of the Detroit Avenue/Shary Circle Business Park. The IMX district is consistent with and implements the industrial mixed-use (IMU) land use designation of the general plan.

D. HI – Heavy Industrial. The HI district is applied to areas of the city appropriate for a mix of manufacturing, refining, processing, assembly, outdoor storage uses, trucking terminals, railroad and freight stations, and similar activities that may impact adjacent properties due to noise, vibration, or other characteristics. The HI district also provides for warehousing, distribution, and port- related uses. Building intensity may be up to 0.6 FAR. The HI district is found in the North Concord unincorporated area bounded by State Route 4, Mallard Reservoir, and the Walnut Creek Channel.

The HI district is consistent with and implements the heavy industrial land use designation of the general plan. [Ord. 17-425.1 § 1 (Exh. A); Ord. 15-5 § 1; Ord. 12-4. DC 2012 § 122-176].

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
Business Park and Industrial Uses
Auto Wrecking, Dismantling Yards – – – UP
Contractors, Special Trade
Cabinet Shop ZC(3) ZC ZC(3) ZC
Contractor Office, within
a Building

ZC ZC ZC ZC
Contractor Yard, with Outdoor
Storage
– ZC – ZC
Fleet-Based Service – ZC AP(2) ZC
Freight and Truck Terminal – – – UP
Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair Commercial Vehicle and
Equipment
– AP – ZC
Recreational Vehicle – AP – ZC
Laboratory, Research,
and Development
ZC(3) ZC ZC(3) ZC

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI
Manufacturing, Processing
Artisan/Custom Product ZC(3) ZC(2) ZC(2) ZC(2)
Industry, Heavy – – – UP
Within a Building ZC(3) ZC ZC ZC
With Outdoor Storage or
Activities
– ZC(2) – MP
Warehouse Show Room with
Assembly and Sales

ZC ZC ZC ZC
Media Production Facility ZC ZC ZC –
Storage
Hazardous Materials – – – UP
Self-Storage Facility, Mini-
Storage

UP UP UP UP
Vehicle – – – AP
Towing Services – – – AP
Warehouse with No Outdoor
Storage
ZC(3) ZC ZC(3) ZC
Warehouse, with Outdoor Storage – AP – AP
Wholesaling and Distribution ZC ZC(2,
6)
ZC(2,
6)
ZC(2)

Office, Commercial, and Retail Uses
Adult Day Care Center UP – UP –
Adult-Oriented Business – UP UP – Chapter 18.210 CDC, Adult-Oriented Businesses Animal Services
Boarding, Kennel AP AP AP –
Dog Day Care, Training AP AP AP –
Grooming AP AP AP –
Hospital, Veterinary Clinic AP AP AP –
Antique, Collectible Store – – – –
Automobile Sales and Rental/Leasing
Auction – – – ZC

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI
Brokers, Office Only ZC ZC ZC –
Brokers, Office with Vehicle
Display
AP ZC AP –
Dealership, New UP UP – –
Dealership, Used – – – –
Dealership, Motorcycle – UP – –
Rental – – – –
Automobile Services and Repair
Car Wash, Attended – – – – CDC 18.200.090, Gas stations and car washes Car Wash, Unattended – – – – CDC 18.200.090, Gas stations and car washes Gas Station – – – – CDC 18.200.090, Gas stations and car washes Auto Maintenance Services – – – –
Major Repair/Body Work – – – –
Minor Repair – – – –
Banks and Financial Services
Bank, Credit Union ZC ZC ZC –
Bank with Drive-Through
Service
UP – – – CDC 18.200.060, Drive-through facilities
Check Cashing Business – UP – –
Building Materials Sales and Services
No Outdoor Storage ZC ZC ZC –
With Outdoor Storage – ZC(2) – – CDC 18.200.160, Outdoor sales and displays Business Support Services ZC ZC ZC –
Catering Services ZC ZC ZC –
Eating and Drinking Establishments
Bar, Night Club, Lounge – – – – CDC 18.200.080, Entertainment uses Food Vendor Group Site AP AP AP – CDC 18.200.210, Food vendor group sites Micro-Brewery/Distillery MP MP MP – CDC 18.200.040, Alcoholic beverage sales Micro-Brewery/Distillery,
Large(6)
UP UP UP – CDC 18.200.040, Alcoholic beverage sales
Restaurant, Full Service AP(1) AP(1) AP(1) –

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI
Restaurant, Limited Service ZC(1) ZC(1) ZC(1) –
Restaurant, with Drive-Through – – – – CDC 18.200.060, Drive-through facilities Restaurant, with Live
Entertainment
– – – – CDC 18.200.080, Entertainment uses
Tasting Room AP AP AP – CDC 18.200.040, Alcoholic beverage sales Fitness Facility, Health Club AP AP AP –
Food, Beverage Sales
Convenience Store, No Alcohol
Sales
ZC(1) ZC(1) ZC(1) –
Convenience Store, with
Alcohol Sales
– – – – CDC 18.200.040, Alcoholic beverage sales
Grocery Store ZC(1) ZC(1) – –
Liquor Store – – – – CDC 18.200.040, Alcoholic beverage sales Hotel, Motel – – – –
Maintenance Services
Office with No Outdoor
Storage/Activities

ZC ZC ZC ZC
Office with Outdoor
Storage/Activities
– AP – ZC
Nursery, Preschool, Childcare AP AP MP(5) – CDC 18.200.050, Child day care facilities Offices
Administrative,
Information Processing
ZC ZC ZC –
Professional ZC ZC(6) ZC
Personal Services
General AP(1) AP(1) AP(1) –
Improvement, Instructional AP AP AP –
Restricted – – – –
Repair Service, Appliance and
Small Equipment
ZC(3) ZC(2) ZC(3) ZC
Retail Sales
Big Box UP UP – –
General ZC(1) ZC(1) – –

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI
Nursery, Garden Center – ZC – – CDC 18.200.160, Outdoor sales and displays Restricted – – – –
With Drive-Through – – – – CDC 18.200.060, Drive-through facilities Secondhand Sales – – – –

Residential Uses
Bed and Breakfast Inn – – – –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached – – – –
Single-Family, Detached –
Small Lot Subdivision
– – – –
Single-Family, Attached – – – –
Duplex – – – –
Multifamily – – – –
Family Day Care Home, Small – – ZC(5) – CDC 18.200.050, Child day care facilities Family Day Care Home, Large – – MP(5) – CDC 18.200.050, Child day care facilities Group Housing – ZC ZC –
Home-Based Business – – ZC(5) – CDC 18.200.100, Home-based businesses Live/Work Unit – – MP – CDC 18.200.110, Live/work or work/live units Mixed-Use Projects – – UP –
Mobile Home Park – – – –
Residential Care Facility, Small – – – –
Residential Care Facility, Large – – – –
Residential Facility for Seniors,
Assisted Living
– – – –
Supportive Housing, Multifamily – – – –
Supportive Housing, Single-Family – – – –
Transitional Housing, Multifamily – – – –
Transitional Housing, Single-
Family
– – – –
Work/Live Unit – – MP – CDC 18.200.110, Live/work or work/live units

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI

Public/Quasi-Public and Recreational Uses
Airport – – – –
Ambulance Service AP ZC ZC –
Cannabis Uses
Commercial Cultivation – – – –
Distribution (Type 11) AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
distributor (Type 11) license has been approved
by the chief of police, pursuant to
Chapter 5.80 CMC.

Distribution Transport Only
(Type 13)
AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
distributor transport only (Type 13) license has
been approved by the chief of police in
conjunction with a primary license, pursuant to
Chapter 5.80 CMC.

Indoor
Personal Cannabis Cultivation
ZC ZC ZC ZC Up to six plants per residence, pursuant
to state law
Industrial Hemp Cultivation – – – –
Manufacturing AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
manufacturer license has been approved by the
chief of police, pursuant to Chapter 5.80 CMC.

Microbusiness AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
microbusiness license has been approved by the
chief of police or city, pursuant to
Chapter 5.80 CMC.

Non-Storefront Retail AP AP – – Only allowed if a city cannabis non-storefront retailer license has been approved by the city,
pursuant to Chapter 5.80 CMC.

Storefront retail – – – –
Testing Laboratory AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI
testing laboratory license has been approved by
the chief of police, pursuant to
Chapter 5.80 CMC.

Cemetery, Columbarium,
Mausoleum
– – – –
Conference, Convention Facility UP UP – –
Cultural Institution – – – –
Emergency and Homeless Shelter ZC ZC ZC – CDC 18.200.070, Emergency and homeless shelters
Farmers’ Market – – – –
Funeral Parlor, Mortuary – – – –
Government Office ZC ZC ZC ZC
Heliport – – – UP
Library ZC ZC ZC –
Medical
Hospital, Medical Center – – – –
Medical Services Facility AP AP – –
Nursing Facility/Extended Care – – – –
Urgent Care Facility MP(1) MP(1) – –
Meeting Facility, Public/Private UP UP – –
Military – – – –
Parking Facility AP AP AP –
Public Maintenance and Service
Facility
– AP(4) – ZC(4)
Recreational Facilities
Bingo Hall UP UP – –
Commercial Recreation, Indoor AP AP AP –
Golf Course, Country Club – – – – CDC 18.200.130, Mechanical and electronic games
Park and Recreation Facility ZC ZC ZC –
Residential Recreation Facility – – UP –
Sports and Entertainment,
Assembly
– – – UP CDC 18.200.080, Entertainment uses

Table

18.50.020 – Business Park and Industrial Districts(7)
Allow
ed 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 Additio
nal Requirements
OBP IBP IMX(7) HI
Sports and Recreation Facility UP UP UP – CDC 18.200.130, Mechanical and electronic games
Recycling Facilities
Small Collection Facility AP AP AP AP CDC 18.200.170, Recycling facilities Large Collection Facility – UP – UP CDC 18.200.170, Recycling facilities Processing Facility – UP – UP CDC 18.200.170, Recycling facilities Religious Facility – – – –
Schools
Elementary, Middle, Secondary – – – –
College, University AP AP – –
Trade Schools, Vocational
Training
AP AP AP –
Social Services Facility MP – – –
Theater, Auditorium UP UP UP – CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers

ZC ZC ZC ZC
Wireless Communications Facility AP,
MP
or
6409
AP,
MP
or
6409
AP,
MP
or
6409
AP,
MP
or
6409
Chapters 18.205 and 18.207 CDC

Open Space and Agricultural Uses
Companion Animal, Horses, Fowl – – – –
Community Gardens MP MP AP –-
Crop Production, Orchard,
Vineyard

ZC ZC ZC ZC
Livestock, Grazing – – – –
Mining and Quarrying – – – UP
(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.

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 Table

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

Table 18.50.030
Business Park and Industrial Districts
Development Standards(1)
Standards OBP IBP IMX HI Additional Standards
Floor Area Ratio (FAR) maximum 0.80 0.80 1.00 0.60
Lot Area (square feet) minimum 40,000 20,000 10,000 40,000 Lot Width (feet) minimum
Interior Lot 100 100 100 100
Corner Lot 100 100 110 100
Lot Depth (feet) minimum 100 100 100 100
Building Height (feet) maximum 50 35 50 50
Setbacks (feet) minimum(3)
Front 20 20 20 30
Interior Side 10 10 10 10 CDC 18.150.180, Transitional
requirements
Corner Side 20 20 20 20
Rear 10 10 10 10 CDC 18.150.180, Transitional
requirements
R District Boundary (feet)
maximum
40 40 20 50

Table 18.50.030
Business Park and Industrial Districts
Development Standards(1)
Standards OBP IBP IMX HI Additional Standards
C District Boundary (feet)
minimum
15 15 15 15
(1) Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
(2) Unless otherwise approved through a planned unit development (PUD). (3) Measured from property line or back of sidewalk (whichever is less) to the face of building or structure. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-178].

Concord Municipal Code
Section 18.150.120
Outdoor Storage

18.150.120 Outdoor storage.

A. Purpose. This section establishes requirements for the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, and other equipment.

B. Applicability. The requirements of this section shall apply to outdoor storage in zoning districts listed in Table 18.150.120.

C. Exceptions. The standards in this section shall not apply to outdoor sales and display areas for retail uses such as automotive sales, nurseries, and garden centers subject to the requirements of CDC 18.200.160, Outdoor sales and displays, and outdoor storage associated with a residential use.

D. Permitted Locations. Outdoor storage may be permitted when incidental to, and located on the same property as, a principally permitted use in accordance with the following table and standards. Storage in zoning districts not listed in the table below must be located within an enclosed building.

Table 18.150.120
Outdoor Storage Regulations
By Zoning District
Zoning District Requirement
HI (Heavy Industrial), IBP (Industrial Business
Park), PS (Public and Semi-Public), SC
(Service Commercial)
Permitted in side and rear yards when enclosed by a solid eight- foot masonry wall with landscape screening. Not permitted in front yards or street facing yards.

OS (Open Space), PR (Parks and
Recreation), RL (Rural Lands Conservation),
WC (Wetlands Resource Conservation)
Permitted if associated with a permitted agricultural use, and not located within a required setback.

E. Screening Requirements.

1. Outdoor storage areas shall be screened by an eight-foot-high, solid masonry wall.

2. Access gates and doors may be constructed of open wrought iron or metal pickets if a perforated metal screen or other durable material is incorporated into the design that obscures Attachment 2

views through the gate. Chain link gates with slatted or fabric screening are not permitted unless the gate is not visible from off-site views.

3. Stored materials and equipment shall not extend above the height of the screen wall.

4. The screen wall shall not be located within any required front yard or street side yard setback area.

5. A landscaped area with a minimum dimension of 10 feet shall be provided in front of the wall.

6. Outdoor storage areas shall not be visible from public streets, freeways, residential district, public open space area, parking area, access driveway, or similar thoroughfare. [Ord. 12-4.

DC 2012 § 122-305].

Staff Report

Date: July 1, 2024

To: Council Committee on Housing & Economic Development

From: Valerie Barone, City Manager

Prepared by: Valerie Barone, City Manager
[email protected]
925/671-3150

Mindy Gentry, Planning Manager
[email protected]
925/671-3369

Subject: Considering a referral from the full Council of Mayor Birsan’s request that the Committee consider whether to recommend to the full Council a request to amend the Development Code allowing for “vehicle and equipment facilities” with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues.

Report in Brief
Mayor Birsan has been in communication with the owner of the Boxes for Moving, Shipping, and Storage, which also provides the rental of U-Haul vehicles, located at 995 Detroit Avenue, Mr. Claude-Alix Bertrand (“Business Owner”). The property owner, where the business leases space, received a code violation complaint that identifies the rental of commercial vehicles as a use violation in the Industrial Mixed Use (IMX) zoning district and informs the property owner that U-Haul rental trucks may not be stored on the public street. (Attachment 1 is an e-mail exchange between City staff and the business owner on this topic).

Commercial vehicle and equipment rental uses are not allowed in the City’s Industrial Mixed Use (IMX) zoning district.
1 Nor are commercial businesses allowed to store their

1 Pursuant to Concord Municipal Code (CMC) Section 18.20, commercial vehicle and equipment rental falls under the Vehicle and Equipment Facilities land use. This land use defines commercial vehicles and equipment as a facility that sells/rents or services and makes repairs to construction, farm, other heavy equipment, as well asl

Committee Report
Agenda Item No. 2.a
July 1, 2024

equipment and rental property in the City’s right-of-ways, including public streets, unless granted a permit by the City.2

The referral was made by the City Council (Council) so the Committee could consider the zoning restrictions that disallow the rental of commercial vehicles in the IMX district and determine if it desired to make any recommendations to the full Council.

Recommended Action
Consider the referral and take no action.

Background
The City’s Development Code defines the IMX district as follows (Attachment 2):

IMX district is applied to areas of the city appropriate for a mix of light industrial, offices, and live/work facilities at an intensity of 1.0 FAR. Light industrial uses include warehouse, research and development, and artists’ studios. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services.

The Development Code specifically disallows commercial vehicle and equipment rentals in the IMX district (Attachment 2). The use is allowed in HI (Heavy Industrial) and the Industrial Business Park (IBP) zoning districts; however, the use also has to meet the outdoor storage requirements of CMC Section 18.150.120 (Attachment 3). Outdoor storage is only allowed in the side and rear yards when enclosed by a solid eight-foot masonry wall with landscape screening. Storage is not allowed in the front yard or street facing yards. And, regardless of zoning district, all commercial businesses are disallowed from using the City streets for vehicle or equipment storage, unless granted an encroachment permit from the City. Given the private benefit of storing property on the street in perpetuity, the City does not issue a permit for such use of public space.

Further, according to City regulations, businesses are not allowed to use parking areas for the “sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment…” In essence, there must be a dedicated storage area on-site meeting the outdoor storage requirements as identified.

Analysis
Mr
. Claude-Alix Bertrand, the business owner that contacted the Mayor, has been invited to attend this committee meeting and a copy of this staff report has been shared with him.

vehicles for moving or towing property (such as cranes, earthmoving equipment, forklifts, tractors, heavy trucks, cargo tracks, vans, and trailers).”
2 Concord Municipal Code Section 12.15.040 (Permit required and encroachment agreement required) . Not used for vehicle or equipment storage but might be used for special events or unique situations.

Committee Report
Agenda Item No. 2.a
July 1, 2024

The Committee is to decide on next steps, which include as options:

• Ask the full Council to support accepting an application to amend the Development Code, if requested by the Business Owner, to address outdoor storage location and screening requirements and/or adding commercial vehicle and equipment rentals within the IMX District.
o This approach would require the Business Owner to develop the requested Development Code amendments and to carry the cost of the review. Planning Commission review and recommendation to Council would be required and the Council would be the decision makers. The cost is set to actual costs and the applicant would be required to place $20,000 into a project holding account; staff time would be charged against the holding account on an hourly basis. Processing of the application would take between 6 and 9 months, depending upon the level of environmental review required.
• Ask the full Council to direct staff to add, as a Council-initiated and general-fund- paid project, consideration of amending the Development Code to address outdoor storage location and screening requirements and/or adding commercial vehicle and equipment rentals within the IMX District.
o This approach would direct staff to draft the requested amendments with the costs for processing being carried by the City’s general fund. This approach is inconsistent with the Council adopted fee policy (Attachment 4). The Council fee policy states that projects that benefit private individuals/properties should carry their full costs.
o This approach would require Council to revisit their recently adopted priorities (Attachment 5) as staff would not be able to address the existing Tier 2 priority of updating its mobile street vendor regulations next fiscal year and this additional Council-initiated project.
• Decide to let this matter end in Committee and make no referral to the full Council.
o This approach does not preclude the Business Owner from applying for Development Code amendments they desire relating to outdoor storage location and screening requirements and/or adding commercial vehicle and equipment rentals within the IMX district. In fact, this is the traditional way a concern related to a particular use having conflicts with the Development Code is addressed.

Committee Report
Agenda Item No. 2.a
July 1, 2024

Questions for Committee Consideration prior to deciding on next steps:

1. Should commercial vehicle and equipment rentals be allowed in the IMX zoning district—is equipment rental a compatible use with the other uses allowed in the zoning district?
a. Staff recommends the Committee members individually drive the IMX zoning districts prior to the meeting (see Attachment 6 for a map of the IMX zone areas in Concord). It is staff’s observation that the IMX, specifically in the area around 995 Detroit Avenue, has developed into a quality light-industrial area. Additionally, it is staff’s observation that even if the zoning were changed to allow commercial vehicle and equipment rentals as an allowable use, the site in question at 995 Detroit Avenue could not successfully store the vehicles on site given the layout and the outdoor storage requirements. This is likely true even if the code were changed to allow storage of vehicles in the front yard without screening— due to the parcel’s size and that the parking area is shared with other tenants within the building. As stated above the Development Code does not allow parking areas to be used for the storage of commercial vehicles for rent.

2. Should the City’s outdoor storage regulations for commercial outdoor storage be amended such that it is allowed in the front yard and street facing yards, and not constrained to the side and rear yards, and no longer required to be screened? a. Changing the outdoor storage requirements would have a significant impact on other zoning districts within the City as the requirements are carried over into all districts that allow outdoor storage. It is unlikely that even if the Code were changed to allow the storage of vehicles in the front yard and street facing side yards without screening that 995 Detroit Avenue would not be successful storing their vehicles on their property given the multiple tenants on the property and that parking areas cannot be used for storage.

3. How should any proposed zoning changes intended to address the business concerns at 995 Detroit Avenue be initiated and paid for? a. Traditionally, these would be initiated by the business or property owners directly and per the City’s adopted fee policy, paid for by the applicants.

Attachments

1. Staff Email Exchange with Business Owner

2. Concord Municipal Code Chapter 18.50

3. Concord Municipal Code Section 18.150.120

4. Policy and Procedure 170 (User Fees and Charges Recovery) 5 . Council’s 2024-2025 Priorities
6 . Map of IMX Districts and 995 Detroit Avenue

1 COMMITTEE MEMBERS
Carlyn S. Obringer, Chair
Laura M. Nakamura, Member

Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org

ANNOTATED
AGENDA
Special Meeting of the
Housing and
Economic
Development
Committee

Monday,
July 1, 2024
12:00 p.m.

Garden Conference
Room,
1950 Parkside Drive,
Wing A
Concord, CA

Information for the public on participation at Committee meetings can be found on the back of the Speaker Identification Card. Should you have any questions after consulting the Speaker Identification Card, please contact staff prior to the Committee meeting.

AGENDIZED ITEMS – The public is entitled to address the Committee on items appearing on the agenda before or during the Committee’s consideration of that item. Each speaker will be limited to approximately three minutes.

1. ROLL CALL – all present

2. REPORTS
The public is entitled to address the Committee on items appearing on the agenda before or during the Committee’s consideration of that item . Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above.

a. Considering – a referral from the full Council of Mayor Birsan’s request that the Committee consider whether to recommend to the full Council a request

2 to amend the Development Code allowing for “vehicle and equipment facilities” with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues. Report by Valerie Barone, City Manager.

Action: The meeting was attended by City Staff as follows: City Manager Barone, Assistant City Manager Ezell, Planning Manager Gentry, Principal Planner Abejo, Community Development Director Marstall.

Public Speakers included: David Gomez, U-Haul of the East Bay; Claude-Alix Bertrand, Boxes East Bay, David Woolley, Boxes East Bay; Josh Jakobitz, Boxes East Bay; Tim McGallian, Chamber of Commerce President.

After receiving the staff report, public testimony and asking questions of staff and members of the
public in attendance at the meeting, the Committee directed staff to bring the Committee’s recommendation to the full Council. Committee Recommendation: that Council direct staff to develop amendments to the City’s Development Code for future consideration by the Council that would allow certain vehicle rentals as a permitted land use, including outdoor storage of said vehicles, in the Industrial Mixed Use (IMX) Zoning District.

Fur
ther, the Committee requests the Council’s direction to staff to include the following:
• The Development Code Changes should be a Council-initiated project and the staff time associated with developing and taking the proposed changes through a public hearing process for an ordinance amendment be carried by the City’s general fund. • That staff be directed to propose the simplest and most narrow solution to resolve the current conflict between the adopted Development Code and the operational practices of the existing Boxes East Bay business at 995 Detroit Avenue. Specific criteria that the Committee thought might help achieve this direction included limiting vehicle rentals to only those that were 20-feet in length or less, and businesses that maintained 10 or fewer vehicles on site and allow for storage of the vehicles in locations not visible from a public street so long as they were not parked in required business customer parking spots.

3. ADJOURNMENT – at 1:30 p.m.

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6).

Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities . If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671- 3243 or

3 [email protected] , at least 24 hours in advance of the meeting. Adv ance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Distribution: City Council
Valerie Barone, City Manager
Susanne Brown, City Attorney
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk

1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
170
Council Motion
04-26-2016
11-01-2016
FIN

USER FEES AND CHARGES RECOVERY

1. PURPOSE
To establish policy guidelines for setting and updating User Fees and Charges; establish cost recovery goals; and ensure compliance with State law.

2. GENERAL
California Constitution Articles XIIIC and XIIID [Prop 218], Article XIIIC §1(e) [Prop 26] and Article XIIIA [Proposition 13] have placed both substantive and procedural limits on cities’ ability to impose fees and charges. This policy establishes a process for Concord’s User Fees and Charges to be reviewed and updated on an ongoing basis to ensure that fees do not exceed the City’s costs of providing services; keep pace with changes in the costs of providing the services; and keep pace with changes in methods of levels of service delivery.

3. REVIEW AND UPDATE
A comprehensive analysis of City costs and fees should be conducted at least every five years. In the interim, fees will be adjusted by annual changes in labor costs as approved by the City Council with the exception of Special Events Fees, which shall be adjusted by 3% per annum. Fees may also be changed based on supplemental analysis whenever there have been significant changes in the method, level or cost of service delivery.

4. POLICY
It is the policy of the City of Concord to set User Fees and Charges based on cost recovery levels in lieu of fully subsidizing fee-related activities with General Fund dollars. The cost recovery levels are reflective of the following policy statements.

4.1 Community-wide vs. Private Benefit: The level of user fee cost recovery should consider the community-wide versus private-benefit nature of the program or activity. The use of general- purpose revenues is appropriate for community-wide services, while user fees are appropriate for services that are of special benefit to easily identified individuals or groups.

4.2 Service Recipient vs. Service Driver: The concept of the service recipient versus service driver is particularly important for regulated activities such as development review and police-issued permits. It could be argued that the applicant is not the beneficiary of the City's development review efforts and that the community is the primary beneficiary. However, the applicant is the driver of development review costs, and as such, cost recovery from the applicant is appropriate.

4.3 Consistency with City Goals and Policies: City policies and Council goals related to the community’s quality of life may also be factors in setting cost recovery levels. For example, fees can promote city-wide goals, facilitate environmental stewardship, encourage compliance

POLICY & PROCEDURE
Attachment 4

POLICY & PROCEDURE NO. 170

with City regulations (e.g. water heater permits, minor but important permits to ensure safety) or discourage certain actions (e.g. false alarms, which negatively impact law enforcement).

4.4 Elasticity of Demand for Services: The level of cost recovery and related pricing of services can significantly affect the demand and subsequent level of services provided. At full cost recovery, this has the specific advantage of ensuring that the City is providing services for which there is genuinely a market that is not overly-stimulated by low fees.

Conversely, high levels of cost recovery will negatively impact the delivery of services to lower income groups. This negative feature is especially pronounced, and works against public policy, if the services are specifically targeted to low income groups.

4.5 Availability of Services from the Private Sector: High cost recovery levels are generally sought in situations where the service is available from other sources in order to preserve taxpayer funds for core City services. Conversely, services that are not available from other sources and are typically delivered when residents experience an emergency typically have low or zero cost recovery levels (e.g. response to a 911 call).

It should be noted, that the current Master Fee Schedule for recreational services includes a lower rate for Concord residents than residents living outside of Concord.

4.6 Feasibility of Collection and Recovery: Although it may be determined that a high level of cost recovery may be appropriate for specific services, it may be impractical or too costly to estab- lish a system to identify and charge the user. Accordingly, the feasibility of assessing and col- lecting charges should also be considered in developing user fees, especially if significant pro- gram costs are intended to be financed from that source.

POLICY & PROCEDURE NO. 170

Target Cost Recovery Levels

Based on these policy statements, the following table overlays certain cost recovery levels grouped in low (0- 40%), medium (40.1% to 80%), and high (80.1% to 100%) cost recovery ranges. It is important to note that these groupings provide policy guidance and are not absolute. Some policy statements may weigh more heavily than others, which may result in a different cost recovery level grouping for particular fees. For example, fees for recre- ational activities are expected to be set in general at the medium cost recovery level. However, fees for recreational activities for which there is high demand may have a high cost recovery level due to high enrollment levels per class. It is important to note that User Fees and Charges will be reviewed at least biennially by the City Council as part of approval of the Master Fee Schedule.

Cost Recovery Levels Cost Recovery
Percentage Rate
Policy Considerations
(one or all may apply)

Low 0% - 40% • Public at-large benefits
• No intended relationship between fee
and benefit received
• Fee collection not cost effective would
discourage compliance
• No intent to limit use of service
• Affordability of service to low-income
residents

Medium 40.1% - 80% • Services share factors of both low and high recovery levels

High 80.1% - 100% • Individuals receive most of benefit of service
• Other alternative service providers
• Use is regulatory or specifically dis-
couraged

City of Concord Organizational Goals for Fiscal Year 2024-25 Set by Council at their April 6, 2024, Workshop
Council set the following Tier 1 Goals (Tier 1 goals are required to remain a strong organizational focus by the Organization during the Fiscal Year):
 Concord Naval Weapons Station Reuse: Assist and guide the Master Developer team and City/LRA’s pursuit of the Economic Development Conveyance agreement with the U.S. Navy, the advancement of infrastructure planning, resource agency permitting, remediation monitoring, and community outreach efforts in preparation for the drafting of a Specific Plan and CEQA documents throughout the entire fiscal year.
 Implementation of the Homeless Strategic Plan: The Council provided direction for Plan implementation of adopted strategies through a competitive grant process which has already begun. The goal is to complete the grant process quickly and to bring programs on-line that receive grant funded as expeditiously as feasible this fiscal year.  Implementation of Housing Element Mandates: Implementation of 13 programs of the 2023- 2031 Housing Element and forward progress on 12 additional programs, all by the end of June 2025.
 Economic Development Strategy Update: Complete a new or major update to the Economic Development Strategic Plan by the end of June 2025.
 Make Progress on a Plan to address Unfunded Infrastructure Needs: Concurrent with the development of the next two-year General Fund Operating budget (by the end of June 2025), define and recommend actions and funding options that address the City’s unfunded infrastructure needs (recognizing that full plan development will likely take multiple years as many difficult decisions will be involved).
 Develop and adopt 2-year General Fund Operating Budget: Develop a balanced two-year operating budget that maintains the organization's fiscal stability and continues to address unfunded liabilities and ensures funding to the Council's priorities and the City's legal requirements by June 30, 2025.

Council set the following Tier II Goal (to be accomplished if time allows):
 Develop and implement sidewalk vending regulations by June 30, 2025.

Note: Goals are developed within the context of the Council’s Priority Areas of Focus: Public Safety, Fiscal Stability & Economic Development, Quality of Life, Roadway/Infrastructure Maintenance, Customer Service, and Being a Desirable Workplace (employee success and organizational efficiency).

Attachment 5

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Diam
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Gal
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Rd
Treat Bl
vd
Olivera Rd
Oak
Grov
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d
Meadow Ln
Detroit Av
ConcordAv
Arnold Industrial Wy
Concord Blvd
Monument Blvd
Clayton Rd
Solano W
y
Cowell Rd
E OliveraRd
Contra
Costa Blvd
Willow Pass Rd
Map
0 2,000 4,0001,000
Feet
S:\MapRequest\CityManager\General\IMX.aprx
Map Created: 5/31/2024
By GIS Division of Information T
echnology
Legend
Industrial Mixed Use (IMX)
Concord Limits
Attachment 6

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A STREET

ARNOLD INDUSTRIAL PLACE

NORTHWO

ODDRIVE

ARNOLD INDUSTR

IAL WAY

DALIS DRIVE
Map
0 330 660165
Feet
S:\MapRequest\CityManager\General\IMX.aprx
Map Created: 6/17/2024
By GIS Division of Information
Technology
Legend
Industrial Mixed Use (IMX)
SIER
RA
ROA
D

ALLA AVENUE

NEWTONWAY

BRIDGECROSSING
WAY

LA MAR DRIVECHALOMAR ROAD
CHARL

OTTE AVEN
UE
MARKHA
M
STREET
SIERRA
COURT
LA MAR
COURT

ST JOSEPH DRIVE

NOTRE DAME AVENUE

LA ORINDAPLACE

DETROIT AVE
NUE
CHALET
DRIVE

FOX WAY

ROCKNEDRIVE

LANE DRIVE
SAN

SIMEON DR
IVE

SHARY CIRCLE

WHITMAN ROAD

Attachment 7
Aerial Vie
w of 995 Detroit Avenue

Attachment 8

Staff Report
Date: September 24, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering introduction of:

1. 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), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses),

18.415 (Design and Site Review), and Title 5 (Business
Licenses and Regulations), Section 5.05.090 (Exemptions), to implement state law and the 2023 – 2031 Housing Element (Housing Element Programs 15.2 and 16.1), and clarify and improve review processes; and

2. An Ordinance amending Concord Municipal Code Title 18, 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, consistency with the 2023-2031 Housing

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City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
Element (Program 15), and/or clarify and improve review processes. (PL24066 – MC)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The overarching goal of Housing Element Program 15 is to increase transparency and certainty in the development process by removing constraints associated with the City of Concord’s (City) design and site review process for multifamily and mixed-use developments by allowing a ministerial (by-right) approval for projects that meet objective design standards. One of the objectives of this Program is stated in Housing Element Program 15.2 (HE Program 15.2):

Amend the Design and Site Review Process by July 2024, to require staff-level ministerial review for multifamily housing projects. Amendments will also include allowing multifamily housing by-right in mixed use districts when objective design and development standards are met and allowing 25% additional density in the Transit Station Overlay District by right for projects that meet objective standards for this District.

In September 2023, the City Council (Council) approved a Municipal Code amendment (2023 Amendment) that included allowing ministerial design and site review for multifamily housing developments; however, the 2023 Amendment did not include changes to allow ministerial design and site review for mixed-use projects with at least two-thirds residential use that meet objective standards, as required by state law, or to the permitting requirements for multifamily residential uses, which require discretionary use permits in certain zoning districts.

To fully implement HE Program 15.2, the City must also allow by-right approvals for: 1) multifamily housing in mixed-use districts that meet objective design and development standards; and 2) a 25 percent increase above the base residential density for projects in the Transit Station Overlay District (TSOD) that meet objective design and development standards. City staff (Staff) proposes amending the Concord Municipal Code, Title 18 (Development Code), to fully implement HE Program 15.2.

Additionally, Staff proposes amending the Municipal Code for conformance with state laws pertaining to childcare facilities, parking, business license exemptions, and amendments to provide clarification and improvements to review processes.

Amendments related to parking will implement a part of Housing Element Program 16.1, that requires allowing parking reductions for religious institutions in exchange for housing development.

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
Recommended Action
Introduce:

1. 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), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090 (Exemptions), to implement state law and the 2023 – 2031 Housing Element (Housing Element Programs 15.2 and 16.1), and clarify and improve review processes; and

2. An Ordinance amending Concord Municipal Code Title 18, 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, consistency with the 2023-2031 Housing Element (Program 15), and/or clarify and improve review processes. (PL24066 – MC) Background
In August 2023, the Planning Commission (Commission) recommended Council approval of Development Code amendments that included modifying Chapter 18.415 (Design and Site Review) to require staff-level ministerial approvals for multifamily and mixed-use projects that meet objective development and design standards, consistent with the goals of HE Program 15. The Commission recommended ministerial review for mixed-use projects1 only when mandated by the state and excluding them from ministerial design and site review out of concern that this level of review would not be adequate for large scale mixed-use projects, even if they meet objective standards.

In September 2023, Council adopted Ordinance 23-7 approving the 2023 Amendment, which included amending Chapter 18.415 (Design and Site Review), that allowed ministerial design and site review for multifamily projects, but not mixed-use projects, as recommended by the Commission.

The City’s mixed-use zoning districts require both a design and site review and conditional use permit for multifamily residential and mixed-use projects. The purpose of 1 For purposes of this report and the Proposed Amendment, a mixed-use development or project generally means a development that includes both residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
design and site review is to ensure that a project’s physical improvements conform with applicable design standards. The purpose of a conditional use permit is to ensure a proposed use is in substantial conformance with applicable criteria related to the suitability of the use to its site and surroundings. For projects submitted under Senate Bill 330 (SB 330), the City can only rely on objective standards when considering multifamily and mixed-use projects, which narrows the degree of discretion and criteria for review. Multifamily and mixed-use projects not meeting objective standards will still be subject to a requirement to obtain a conditional use permit.

While the 2023 Amendment provided ministerial design and site review for multifamily projects wherever allowed by zoning, it did not change the discretionary design and site review requirement for mixed-use projects or the conditional use permit requirement for multifamily and mixed-use projects in mixed-use zoning districts. The omission of ministerial design and site review for mixed-use projects in the 2023 Amendment conflicts with SB 330. To address the use permit requirement for multifamily and mixed- use projects, Staff wanted to develop an approach that achieved the overarching goal of HE Program 15, but in a manner that narrowly applied non-discretionary, ministerial review to certain multifamily and mixed-use projects. That approach had not been developed in time to include with the 2023 Amendment.

HE Program 15 specifically discusses facilitating housing on sites identified to accommodate the City’s Regional Housing Needs Allocation (RHNA) and allows the City the ability to ensure these mixed-use zoning districts can continue to accommodate a balance between commercial and residential uses as envisioned in the General Plan.

While not expressly required by HE Program 15, allowing mixed-use projects by-right will equally incentivize projects with neighborhood-serving commercial uses along with projects that are entirely comprised of housing, consistent with General Plan policies2.

Staff proposes the following policy approach:
 Amend Chapter 18.415 to include ministerial design and site review for mixed- use projects that provide at least two-thirds of the project’s square footage as residential in conformance with state law.
 Amend the land use tables for mixed-use zoning districts3 to allow by-right approval for multifamily and mixed-use projects where at least two-thirds of the project’s square footage is designated for residential uses, and the entire project 2 Policy LU-1.2.4: Encourage neighborhood retail and service uses within convenient walking distance of all residential neighborhoods, where feasible; and Policy E-3.1.3: Continue to improve the quality and mix of uses in Downtown to ensure patron, visitor, and resident satisfaction. 3 For purposes of this report and Proposed Amendment, a mixed-use district is any zoning district that permits residential and non-residential uses. For example, the WMX (West Concord Mixed Use), which prohibits residential uses, is not considered to be a mixed-use district. Under this criteria, the City’s mixed-use zoning districts include NTS (North Todos Santos), CO (Commercial Office), CMX (Commercial Mixed Use), NC (Neighborhood Commercial), DP (Downtown Pedestrian), and DMX (Downtown Mixed Use).

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is located on a parcel, or parcels, identified in the 2023 – 2031 Housing Element Sites Inventory.

A total of 96 sites located within five mixed-use zoning districts would be eligible for by- right approval under this approach, with most of the sites located in the CMX (50 sites) and DMX (37 sites) zoning districts. Maps have been provided as Attachment 4 showing the applicable mixed-use zoning districts, which allow housing, and the parcels that comprise the 2023-2031 Housing Element Sites Inventory. As development occurs throughout the City, additional sites may need to be added to the 2023-2031 Housing Element Sites Inventory to ensure the City retains adequate capacity to address its housing need at all income levels. For example, if a site that was identified in the Sites Inventory for lower-income units is developed with market-rate units, City staff will need to identify another adequate site, with review and approval by California Department of Housing and Community Development (HCD), for lower-income units within 180 days to ensure compliance with state law. A provision delegating authority to staff to identify additional sites as necessary to remain in compliance with state law has been included in the Ordinance. The only sites staff could identify for inclusion in the sites inventory would be those with existing General Plan and Zoning Designations that allow residential uses.

These edits are discussed in further detail for each Concord Municipal Code (CMC) chapter in the Analysis section below.

Staff proposes CMC amendments (Proposed Amendment) to fully implement HE Program 15.2, clarify and/or improve review processes, and bring the CMC into conformance with the following state laws:

Assembly Bill (AB) 8944 requires public agencies to allow underutilized parking facilities to be shared between more than one development or use and counted towards parking requirements subject to a shared parking agreement.

AB 13085 prohibits public agencies from increasing the minimum parking requirement as a condition of approving a project that remodels, renovates, or adds to a single-family residence provided that the project does not cause the single-family residence to exceed any maximum size limit imposed by the applicable zoning regulations.

AB 1851 and AB 22446 prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate or reduce in the case of a 4 Government Code Section 65863.1
5 Government Code Section 65863.3
6 Government Code Section 65913.6

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plan for an affordable housing development. This applies to both existing parking spaces and those parking spaces required for a new place of worship.

Additionally, HE Program 16.2 requires amending the Development Code in accordance with AB 1851.

AB 1236 and AB 9707 limits local agencies’ review of electric vehicle charging stations and hydrogen-fueling stations to those standards and regulations necessary to ensure that the electric vehicle charging station or hydrogen-fueling station will not have a specific, adverse impact upon the public health or safety.

AB 4988 exempts veterans honorably discharged or honorably relieved from the Armed Forces of the United States and is a resident of California from paying any local business license fees for a business that sells or provides services if the veteran is the sole proprietor of the business.

Senate Bill (SB) 2349 requires municipalities to treat licensed large family daycare homes as a residential use of property permitted by right and exempt from local permitting requirements, including business licenses.

On July 17, 2024, the Commission approved a Resolution recommending Council adopt an Ordinance approving the Proposed Amendment (4-0 vote; Kaushal recused). The amendments considered by the Commission were limited to the Development Code and did not include Title 5 (Business Licenses and Regulations) amendments related to licensing exemptions for family day cares and veteran-owned business, which are outside of the Commission’s purview. The Ordinance for Council’s consideration includes both Development Code and Title 5 amendments.

On August 13, 2024, the Council considered the Proposed Amendment and continued the matter to September 10, 2024. The Council directed staff to return with additional information that further distinguishes the proposed amendments where Council discretion is not allowed because it’s required by state law or the Housing Element and amendments where the Council has policy discretion. The Council further continued the matter from September 10 to a date uncertain, with public noticing required for the continued hearing date and the deviation from originally proposed one ordinance to two to better distinguish between required amendments and those that are discretionary.

Analysis
The following discusses the Municipal Code amendments proposed to improve review processes, ensure conformity with state law, and implement HE Programs 15.2 and

16.1. As requested by Council, staff has provided Attachment 1 that distinguishes 7 Government Code Section 65850.71
8 Business and Professions Code Section 16001.7 and Section 16001.8. 9 Health and Safety Code Section 1597.40

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between non-discretionary amendments that are required by state law and/or the Housing Element, and amendments where the Council has discretion. In the summary of modifications below, every proposed amendment is followed by a bolded indication whether the amendment is required (state law or Housing Element) or discretionary.

General Modifications
The Proposed Amendment includes the following modifications that will apply to multiple Development Code chapters (General Modifications).

1. Family Day Care Homes. State law requires jurisdictions to treat small and large Family Day Care Homes (for up to 14 children) as a residential use. The Proposed Amendment will bring the Development Code into conformance with state law and codify the City’s review procedures for Family Day Care Homes by a) consolidating small and large Family Day Care Homes into a single use classification in all land zoning district land use tables, b) requiring a Zoning Clearance review, and c) removing the additional requirements reference to CMC

18.200.050, Child day care facilities. (STATE LAW)

2. Home Based Business. A home-based business operating in compliance with applicable standards is treated as an accessory use to an allowed residential use, and therefore allowed by-right. A standard condition for home-based businesses prohibits customer or client visits, unless allowed through an administrative permit. All zoning district land use tables will be amended for the Home-Based Business classification to note a Zoning Clearance or Administrative Permit review, and references to CMC 18.200.050, Child day care facilities will be replaced with a reference to CMC 18.200.100, Home-based business. (DISCRETIONARY)

3. Objective Design Standards. The Objective Design Standards apply to all residential developments with some exceptions (e.g., single-family detached including small lot developments). The Proposed Amendment will amend all land use tables to add a reference to Chapter 18.152 (Objective Design Standards), as a reminder of this additional requirement to residential developments that are not exempt from Chapter 18.152, as well as for the Mixed-Use Project classification for projects that include residential uses. (DISCRETIONARY) CMC Title 18 (Development Code), Chapter 18.20 (General Terms) Chapter 18.20 defines use classifications and key terms used within the Development Code.

1. Family Day Care Homes. State law requires jurisdictions to treat small and large Family Day Care Homes (for up to 14 children) as a residential use.

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2. Overlap Between Duplex and Multifamily Use Definitions. The definition for “Multifamily” use states that it is a “dwelling unit that is part of a structure containing more than one dwelling unit” and lists “triplexes, fourplexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments” as examples of dwelling units included in this definition. Staff believes the exclusion of duplexes in the Multifamily definition was intended as they fall under a separate “Duplex” use classification that often has different permitting requirements than Multifamily. Treating these uses differently must be made more explicitly clear that duplexes are not included in the by-right approval for multifamily projects under the Proposed Amendment.

The Proposed Amendment would modify this chapter as follows:
 Amend Section 18.20.020, Use classifications, to consolidate small and large Family Day Care Homes into a single use classification (Family Day Care Home). (STATE LAW)
 Add definitions of small and large Family Day Care Home to Section

18.20.030, Definitions. These definitions remain useful for the purpose of responding to public inquiries regarding family day cares and licensing requirements, which the state bases on the number of children. (DISCRETIONARY)
 Add language to the definition of “Multifamily” in Section 18.20.030, Definitions, to qualify that multifamily structures contain more than two dwelling units to eliminate overlap with the “Duplex” definition. (DISCRETIONARY)
Chapter 18.30, (Residential Districts)
The Residential Districts (RR, RS, RL, RM and RH) primarily allow single-family, duplex, and multifamily developments at varying densities of 2.5 units (Rural Residential) to 100 units (Residential High Density) per net acre. Amendments to this chapter are limited to the General Modifications discussed above.

Chapter 18.35 (North Todos Santos District)
The North Todos Santos District (NTS) applies to areas north of Todos Santos characterized by small-scale developments of pre-World War II structures that includes many of the City’s designated historic landmarks. This zoning district allows for a mix of offices, single-family, and multifamily developments at a density of up to 32 units per net acre.

1. Ambiguous and conflicting permitting requirements. Table 18.35.020, North Todos Santos district – Allowed uses and permit requirements, indicates that multifamily projects are subject to either a minor use permit or use permit, but does not specify which is required. Moreover, Sections 18.35.040 and .050,

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which explain permitting requirements for certain development projects, do not mention the condition(s) where a minor use permit is required. These two sections read as follows:

18.35.040 Building conversions.

A. Conversion of Single-Family Dwellings to Multifamily Dwellings. The conversion of an existing single-family dwelling into duets, duplexes, or three or more dwellings is allowed with an administrative permit and design review if in compliance with density requirements and development standards as shown in Tables 18.35.030(A) and (B), and other applicable standards in Division IV of this title (Development Standards).

B. Conversion of Residential Dwellings to Offices. The conversion of an existing residence to office space requires a minor use permit and design review (Division VII of this title, Permits and Permit Procedures), if in compliance with density requirements and development standards in Tables 18.35.030(A) and (B), with the exception that the conversion shall not exceed 0.45 for both residential and office floor area combined. [Ord. 12-4. DC 2012 § 122-105].

18.35.050 Building expansion.

The expansion of an existing building greater than 100 percent of the original building size requires a use permit and design review (Division VII of this title, Permits and Permit Procedures), and shall comply with development standards in Tables 18.35.030(A) and (B), and any other applicable standards in Divisions IV, V, and VII of this title. [Ord. 12-4. DC 2012 § 122-106].

Section 18.35.040(A) requires an administrative permit for the conversion of single-family residential to multifamily “if in compliance with density requirements and development standards as shown in Tables 18.35.030(A) and (B), and other applicable standards.” However, there is no “AP” designation or reference to this section in Table 18.35.020 and Table 18.35.030(A) does not apply to residential uses (see discussion below).

Section 18.35.050 requires a use permit and design and site review for any project involving the expansion of an existing building by 100 percent or more of the original building size. Historically, Section 18.35.050 has also been inferred to mean the following: a) expansion of an existing building by less than 100 percent of the original building size requires a minor use permit; and b) construction of a new building requires a use permit.

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Additionally, under Section 18.35.050, a building expansion unnecessarily triggers a use permit for uses that are allowed by zoning clearance or administrative permit under Table 18.35.020. For example, a detached single- family home proposing to double in size through a second-story addition would require a use permit despite this use being subject to a zoning clearance review.

This conflict combined with the lack of cross references explaining how Table

18.35.020 and Section 18.35.050 relate to each other, make it difficult to interpret permitting requirements and increases the probability of providing erroneous zoning information. Further, any proposed expansion has to adhere to the development standards for the zoning district (i.e. lot coverage, height, setbacks, etc.) and applicable criteria of Chapter 18.415 (Design and Site Review), to minimize impacts to the surrounding neighborhood.

2. Application of Floor Area Ratio (FAR) to residential projects. Floor Area Ratio (FAR) is a quantitative measure of a project’s scale and intensity expressed by the ratio of a project’s gross floor area to the size of the site. For example, a 2.0 FAR means the project’s gross floor area equals twice the size of the site, which would indicate a project scale of two or more stories. Table

18.35.030(A) establishes FAR limits for projects within NTS and does not exclude residential uses from this standard. This conflicts with the General Plan which specifies FAR is for non-residential uses.

The Proposed Amendment includes the General Modifications discussed above and the following:
 Modify Table 18.35.020 to allow zoning clearance review of multifamily projects when a project is entirely located on a parcel or parcels in the NTS district that are listed in the Housing Element Sites Inventory and meet objective development and design standards. Although the NTS district currently does not have any parcels from the Housing Element Sites Inventory, this could change with future Housing Element updates. (HOUSING ELEMENT )
 Modify Table 18.35.020 to allow zoning clearance review of mixed-use projects, with at least two-thirds of the total square footage designated for residential use, when a project is entirely located on a parcel or parcels in the NTS district that are listed in the Housing Element Sites Inventory and meet objective development and design standards. (DISCRETIONARY)  Modify Table 18.35.030(A) to exclude residential projects from FAR requirements. (DISCRETIONARY)
 Modify Sections 18.35.040(A) and .050 to eliminate ambiguity and conflicts on permit requirements triggered by building conversions or expansions and permitting requirements for the use. (DISCRETIONARY)

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 Modify Section 18.35.040(B) to remove references to density and FAR for residential uses. (DISCRETIONARY)
 Remove incorrect reference to CMC 18.200.050 Child day care facilities for Group Housing in Table 18.35.020. (STATE LAW)
 Modify Section 18.35.060 to clarify all projects requiring design and site review are subject to the North Todos Santos Design Guidelines. (DISCRETIONARY)
Chapter 18.40 (Office and Commercial Districts)
The Office and Commercial Districts allow for small-scale office developments in transitional areas such as Clayton Road that contain a mix of residential and commercial uses, commercial development such as neighborhood centers and regional centers, and developments appropriate for light industrial and automobile-related uses.

Residential uses are permitted in the CO (Community Office) and CMX (Commercial Mixed Use) districts at densities of 11 – 40 dwelling units per net acre.

1. Use permit required for Multifamily uses in CMX district. Table 18.40.020, Office and Commercial Districts Allowed Uses and Permit Requirements, requires a use permit for multifamily developments in the CMX (Commercial Mixed Use) district, in conflict with HE Program 15.2 to allow by-right approval for multifamily development in mixed-use districts.

2. Administrative permit required for Mixed-Use Projects in CMX district, which would include projects with at least two-thirds of the square footage designated for residential use. Although HE Program 15.2 does not explicitly require by-right approval for mixed-use projects with at least two-thirds of the square footage designated for residential use, allowing a by-right approval process to facilitate development of properties identified in the Housing Element Sites Inventory would align with the overarching goal of Program 15 and would incentivize the development of neighborhood-serving commercial uses.

3. Use permit required for Mixed-Use Projects in CO and NC districts, but not CMX district. Other types of Mixed-Use Projects, (i.e., those that are not at least two-thirds residential eligible for by-right approval) require a use permit in the CO and NC districts, but only require an administrative permit in the CMX district.

The CMX and CO districts are similar in many regards. Both districts contain properties that were originally developed as homes and converted to offices or other non-residential uses, that are located in areas along Willow Pass Road and Clayton Road that transition to residential neighborhoods. The impact of Mixed- Use Projects on these districts and their surrounding areas would be similar, and therefore the permitting requirements should be the same.

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The Proposed Amendment includes the General Modifications discussed above and the following:
 Modify Table 18.40.020 to allow a zoning clearance review for multifamily projects in the CO, CMX, and NC districts when a project is entirely located on a parcel, or parcels, listed on the Housing Element Sites Inventory that conform to objective development and design standards. (HOUSING

ELEMENT)
 Modify Table 18.40.020 to allow a zoning clearance review for mixed-use projects in the CO, CMX, and NC districts with at least two-thirds of the square footage designated for residential use on a parcel or parcels listed in the Housing Element Sites Inventory that conform to objective development and design standards. (DISCRETIONARY)
 Modify Section 18.40.040 to elevate the permit requirement for Mixed-Use Projects from an administrative permit to a use permit in the CMX district. (DISCRETIONARY)
Chapter 18.45, Downtown Districts
The Downtown Districts are located within and around the areas bounded by Concord Avenue, East Street, Clayton Road, and Diamond Boulevard. These districts allow for urban scale residential, office, and commercial developments, including mid- and high- rise buildings around the downtown core, and regional shopping centers and office parks around Diamond Boulevard. Residential uses are allowed in the DP (Downtown Pedestrian) and DMX (Downtown Mixed-Use) districts at densities of 33 to 100 dwelling units per net acre.

1. Use permit required for multifamily projects in the DP and DMX zoning districts. Table 18.45.020, Downtown Districts Allowed Uses and Permit Requirements, requires a use permit for multifamily projects in the DMX district in conflict with Housing Element Program 15.2.

2. Ground floor residential allowed in the DP district. Multifamily and mixed-use projects, which could include ground floor residential uses, are currently allowed in the DP district. Because the DP district is a relatively small area concentrated around Todos Santos Plaza, it is important to preserve ground floor spaces for commercial uses that contribute to the economic vitality and vibrancy of Todos Santos Plaza and surrounding area. Consequently, Section 18.200(G)(1) states “Residential uses shall be located above the ground floor of the building for properties directly facing Todos Santos Plaza, and the ground floor shall be occupied by a retail or restaurant use.”

3. Use permit required for mixed-use projects in the DMX zoning district. As mentioned above, HE Program 15.2 does not explicitly require by-right approval

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for mixed-use projects with at least two-thirds square footage designated as a residential use; however, allowing a by-right approval process to facilitate development of mixed-use properties identified in the Housing Element Sites Inventory in the DMX district would align with the overarching goal of Program 15 and incentivize projects with neighborhood-serving commercial uses.

The Proposed Amendment includes the General Modifications discussed above and the following:

1. Modify Table 18.45.020 to allow zoning clearance review of multifamily projects when a project is entirely located on a parcel or parcels in the DMX district that are listed in the Housing Element Sites Inventory and meet objective development and design standards. (HOUSING ELEMENT)

2. Modify Table 18.45.020 to allow by-right approvals for mixed-use projects with two-thirds residential use when a project is entirely located on for a parcel or parcels in the DMX district that are listed in the Housing Element Sites Inventory and meet objective development and design standards. (DISCRETIONARY)

3. Modify Table 18.45.020 to prohibit ground-floor residential in the DP district on properties directly facing Todos Santos Plaza. (DISCRETIONARY) Chapter 18.50, Business Park and Industrial Districts
The Business Park and Industrial Districts allow for a variety of office and industrial developments and uses including campus-like offices and business parks, light industrial uses in warehouse and flex space developments, and heavy industrial uses such as processing, refining, and outdoor storage. Residential uses are not permitted.

Amendments to this chapter are limited to the General Modifications described above.

Chapter 18.55, Public/Quasi-Public District
The Public/Quasi-Public District is applied to areas of the City with schools, hospitals and related medical services, utilities, government offices and facilities, including John Muir Medical Center, Buchanan Field Airport, corporation yards, and public facilities such as sewage treatment facilities and fire stations. Residential uses are not allowed in this district. Amendments to this chapter are limited to the General Modifications discussed above.

Chapter 18.60 (Community Land Districts)
This designation is applied to property owned by governmental entities and to semi- public facilities such as Buchanan Field Airport, hospitals, schools, government offices, corporation yards, and public facilities such as recycling centers, sewage treatment facilities, and fire stations. The Community Land Districts applies to natural resources and recreational areas including parks, open space, conservation areas, and the Concord Reuse Project Green Frame. Residential uses are not permitted. Amendments to this chapter are limited to the General Modifications discussed above.

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Chapter 18.105, Transit Station Overlay District (TS)
The Transit Station Overlay district (TS) is intended to create, preserve, and enhance areas around the Bay Area Rapid Transit (BART) stations by encouraging a concentrated mixture of increased residential density and commercial uses in a pedestrian-oriented environment.

1. Density Increases. Section 18.105.040, Development standards, allows for density or floor area ratio (FAR) increases for developments located within the Transit Station Overlay District, which applies to the areas within one-half mile of the Concord and North Concord BART stations. Residential projects are currently allowed a 25 percent increase to the base zoning density subject to approval of a minor use permit. Mixed-use projects are not explicitly included in the density increase allowance. HE Program 15.2 requires by-right approval of density increases for projects in the TS district that meet objective criteria, but is not clear if this should apply to multifamily, mixed-use, or both type of projects. Staff believes including both meets the intent of HE Program 15.2.

The Proposed Amendment includes the General Modifications discussed above and the following:
 Modify Section 18.105.040.A to allow by-right approval of density increases for multifamily and mixed-use projects with at least two-thirds of the square footage is designed as residential. There are no proposed changes to the discretionary permitting requirement for increases in nonresidential floor area. (HOUSING

ELEMENT)
 Modify Section 18.105.040.B to specify FAR increase, minor use permit requirement, and standards related to building facades, pedestrian friendly design or amenities, and transit-supportive facilities apply to non-residential developments (DISCRETIONARY).
 Modify Section 18.105.040 to clarify ground floor transparency, lighting, and improvements between buildings and the street apply to non-residential projects and mixed-use projects with less than two-thirds residential use. (DISCRETIONARY)
Chapter 18.150, General Development Standards
This chapter addresses the details of site planning and project design to ensure that development is compatible with existing and future development and protects the use and enjoyment of neighboring properties, consistent with general plan policies.

1. Exclusion of public rights-of-way from net parcel area and required setbacks. Section 18.150.030, Exclusion of rights-of-way, currently excludes all “public rights-of-way, easements, or land offered for dedication” from being included in the net parcel area. The exclusion of these areas factor into the

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density or intensity of development projects and minimum lot area requirements.

This section is not consistent with the following definition contained in Section

18.20.030, Definitions:
“Acre, net” means a measure of land area of a lot or site remaining after dedication of all areas for public rights-of-way, streets, public or private access to adjacent parcels or properties, creeks, and other easements or dedications. An easement shall not be excluded from the net area calculation if the easement area can be used for purposes that are ancillary or incidental to the primary use of the property on which the easement is located. For example, a utility easement on residential property that allows the property owner to use the easement area for parking, yard area, or other purposes incidental to the residential use shall not be excluded from the net acre calculation (emphasis added).

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.150.030 to allow easement areas used for purposes that are ancillary or incidental to the primary use of the property on which the easement is located to count towards the net parcel area. (DISCRETIONARY) Chapter 18.160 (Parking, Loading, and Access)
This chapter establishes parking, loading, and access requirements for new developments and uses.

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

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

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

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

5. Shuttle requirement for shared parking facilities. Section 18.160.050(D) allows common or shared parking facilities within 300 feet to satisfy a project’s parking requirement on the condition that a “shuttle or similar means of transportation” be provided to the parking facility. Three-hundred feet is not a significant distance that makes a shuttle or similar service necessary. This requirement applies even if the parking facility abuts the project site or is closer than 300 feet.

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

7. AB 1851 and AB 2244. This chapter does not contain provisions prohibiting the City from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate or reduce in the case of a plan for an affordable housing development, in conformance with state law. This applies to both existing parking spaces and those parking spaces required for a new place of worship.

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

18.160.050(F) allows for garages for single-family homes to be converted into habitable space, subject to an administrative permit. The criteria for evaluating these garage conversions do not require the applicant to demonstrate that 10 “Underutilized parking” means parking where 20 percent or more of a development’s parking spaces are not occupied during the period that the parking is proposed to be shared by another user, group, development, or the public (Government Code Section 65863.1[a][4]).

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practical alternatives exist for an addition that would avoid a garage conversion, or to provide covered parking elsewhere. Because of this, Staff regularly approves garage conversions without requiring a replacement for covered parking. The City is experiencing a rise in the conversion of garages into Accessory Dwelling Units (ADUs) in accordance with state law, which prohibits replacement of covered parking. For this reason, Staff has been encouraging ADU garage conversions instead of non-ADU conversions, so that the City receives the benefit of the ADU counting towards its RHNA.

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

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

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

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

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.160.040(F) to require new uses or building expansions on sites with nonconforming parking to provide additional parking based on the difference between the parking requirement of the previous use and new use, or the square footage of the expansion. (DISCRETIONARY)
 Modify Table 18.160.040 to exempt single-family additions that meet zoning requirements for lot coverage, building height, and setback from providing additional parking, in conformance with AB 1308. (STATE LAW)

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Agenda Item No. 5.a
September 24, 2024
 Replace ADU parking requirements with a reference CMC Section 18.200.180, Accessory dwelling units. (STATE LAW)
 Modify Section 18.160.050, to allow adjustments to parking when allowed by state law in general. (STATE LAW)
 Modify Section 18.160.050(D) to remove the shuttle requirement for shared parking facilities. (DISCRETIONARY)
 Allow sharing of underutilized parking lots to count towards required parking through a recorded shared parking agreement prepared and approved in accordance with Government Code Section 65863.1 and AB 894. CMC

18.160.050(D) currently allows the use of off-site parking to satisfy parking requirements, subject to a recorded parking agreement. But unlike AB 894’s narrow application to underutilized parking lots, there are no criteria restricting the type of off-site parking facility eligible under Section 18.160.050(D), except that the off-site parking facility must be located within 300 feet of the use it serves. Additionally, the requirements of Section 18.160.050(D) are generally easier to satisfy compared to AB 894. For example, AB 894 requires a parking analysis and certain types of projects to provide public notification before an off- site parking facility is approved. For these reasons, Staff proposes keeping Section 18.160.050(D) as an additional option to satisfy parking through off-site parking facilities. (STATE LAW)
 Prohibit replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate or reduce for an affordable housing development, except for parking for non- religious uses (e.g., day cares and private schools), in accordance with AB 1851, AB 2244, and Housing Element Program 16.2. (STATE LAW AND HOUSING

ELEMENT)
 Eliminate process for converting covered parking to non-ADU habitable space, consistent with the City’s practice of encouraging ADU garage conversions that benefit the City’s RHNA. (DISCRETIONARY)
 Allow parking reductions to accommodate construction of electric vehicle charging and hydrogen-refueling stations. (STATE LAW)
 Allow parking reductions for the construction of improvements in compliance with the Americans with Disabilities Act. (DISCRETIONARY)
Chapter 18.200 (Standards for Specific Uses)
This chapter establishes regulations for certain land uses allowed within individual or multiple districts, and for certain activities that may occur in conjunction with a permitted land use.

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024

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

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

The current provisions conflict with SB 234 that requires treating family day care homes for up to 14 children as a residential use, and therefore permitted by right in residential zoning districts. The Proposed Amendment would bring this section into conformance with state law by eliminating the minor use permit requirement for large family daycare homes for up to 14 children.

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

The Proposed Amendment would modify this chapter as follows:
 Modify Section 18.200.050 by removing standards and permitting requirements for Family Day Care Homes. (STATE LAW)
 Modify Section 18.200.140 to clarify that the requirements of this section do not apply to projects where state law limits the City’s review to objective standards, including CMC Chapter 18.152 (Objective Design Standards). (STATE LAW) Chapter 18.410, Zoning Clearance
This chapter establishes the City’s procedures for reviewing uses subject to a Zoning Clearance review.

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

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
The Proposed Amendment would modify this chapter as follows:
 Specify that the review may be conducted prior or subsequent to the filing of a construction permit, business license, or other authorization required by the City. (DISCRETIONARY)
 Specify that all information necessary to determine conformance with applicable standards must be provided to the Planning Division to complete the review. (DISCRETIONARY)
 Include a process to request Zoning Clearance determinations in writing and appeal procedures. (DISCRETIONARY)
Chapter 18.415 (Design and Site Review)
This chapter establishes standards and procedures for design and site review to ensure the orderly development of the city, the stability of land values, and quality construction of structures, additions, or alterations.

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

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

ELEMENT)
11 Under Government Code Section 65589.5, “Housing development project” means a use consisting of any of the following: a) Residential units only, b) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and c) Transitional housing or supportive housing.

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
Chapter 5.05 (Business Licenses)
This chapter establishes the City’s authority to raise revenue for municipal purposes through license taxes for transacting business within the City.

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

The Proposed Amendment would modify this chapter as follows:
 Modify Section 5.05.090 to add the following language for exemptions to business license taxes: 1) Veterans honorably discharged or honorably relieved from the Armed Forces of the United States and are residents of California and sole proprietor of the business, in accordance with Cal. Business and Professions Code §16001; and 2) Operators of Family Daycare Homes (up to 14 children) where allowed by CMC Title 18, Development Code, and operating in compliance with Cal. Health & Safety Code §1597. (STATE LAW) Development Code Amendment Findings
The CMC does not require findings to amend Title 5 (Business Licenses). Pursuant to CMC Section 18.455.070, a Development Code amendment may be approved only if all the applicable findings are made. The following provides Staff’s analysis on how the Proposed Amendments meets each the applicable findings. 1) The proposed amendment is consistent with the general plan; The proposed amendment will fully implement Program 15.2 of the 2021 – 2031 Housing Element, and it is in conformance with the General Plan by facilitating a balanced supply of housing types and prices to meet the needs for all economic segments of the community and promoting the expansion of housing opportunities for all groups. Amendments to implement state law and clarify or improve processes are consistent with overarching General Plan policies related to streamlined reviews, transit-oriented development, and improving land use compatibility, including but not limited to:
 Housing Element Program 15: Remove constraints to development associated with the City’s Design and Site Review process to facilitate the development of housing on the sites identified to accommodate the RHNA. Exempting mixed-use developments with at least two-thirds floor area designated for residential use, and that meet objective standards, from design and site review is consistent with this policy.  Policy E-2.1.2: Retain and attract business and facilitate businesses’ efforts to develop and expand and Policy E-2.1.4: Continue to improve the streamlined permit processes and expedited permit decisions.

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
Amendments promoting these policies include establishing a reasonable standard for addressing non-conforming parking conditions that have historically prevented new occupancies and expansions, and eliminating reviews of Family Day Care Homes as required by state law.  Policy E-3.1.2: Promote and support an urban, pedestrian oriented environment that builds upon the proximity of Todos Santos Plaza, and high density residential and street-facing retail uses. Proposed amendments to the Downtown Pedestrian district to prohibit residential uses on ground floor locations directly facing Todos Santos Plaza will further implement this policy.
 Policy E-3.1.5: Promote transit-oriented Downtown development and activities that take advantage of nearby transit services, such as BART, bus services, and Buchanan Field Airport. Proposed amendments allowing a density increase of up 25-percent for multifamily and eligible mixed-use developments in the Transit Station Overlay district will incentivize the construction of transit-oriented development downtown.  Policy LU-1.1.1: Support land use decisions that reinforce and capitalize on neighborhood strengths and benefit neighborhood identity and scale.

Proposed amendments to facilitate residential development in neighborhoods and zoning districts that are compatible with residential uses, including higher-density multifamily developments, are consistent with this policy.

Proposed amendments to clarify or improve review processes 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

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
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; and
In response to California’s housing shortage, the State has adopted laws to accelerate housing production by removing or limiting the City’s discretionary review on housing developments. The proposed amendment would implement state law in addition to the 2023-2031 Housing Element. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendments will serve the City’s public interest by facilitating and streamlining the review of residential projects that will help alleviate the City of Concord’s housing shortage.

In the event the City has discretion on residential projects facilitated by the proposed amendments, the City will evaluate the projects against applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the City. Additionally, 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.
3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.

This amendment does not include any amendments to the zoning map.

Financial Impact
The Proposed Amendment will have a negligible financial impact to the City.

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

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
significant effect on the environment. Therefore, the Ordinance does not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted. Notification was published in the East Bay Times, as required by state law, and the Concord Municipal Code and provided to housing interested parties list.

Attachments

1. Table Summary of Non-Discretionary and Discretionary Amendments

2. Ordinance
Exhibit 2A – Redlined Amendments to Redlined Amendments to Chapter

18.20 (General Terms)
Exhibit 2B – Redlined Amendments to Chapter 18.30 (Residential Districts)
Exhibit 2C – Redlined Amendments to Chapter 18.35 (North Todos Santos District)
Exhibit 2D – Redlined Amendments to Chapter 18.40 (Office and Commercial Districts)
Exhibit 2E – Redlined Amendments to Chapter 18.45 (Downtown Districts) Exhibit 2F – Redlined Amendments to Chapter 18.50 (Business and Industrial Districts)
Exhibit 2G – Redlined Amendments to Chapter 18.55 (Public/Quasi-Public District)
Exhibit 2H – Redlined Amendments to Chapter 18.60 (Community Land Districts)
Exhibit 2I – Redlined Amendments to Chapter 18.105 (Transit Station Overlay)
Exhibit 2J – Redlined Amendments to Chapter 18.160 (Parking, Loading, and Access)
Exhibit 2K – Redlined Amendments to Chapter 18.200 (Standards for Specific Uses)
Exhibit 2L – Redlined Amendments to Chapter 18.415 (Design and Site Review)
Exhibit 2M – Redlined Amendments to Chapter 5.05 (Business Licenses)

3. Ordinance
Exhibit 3A – Redlined Amendments to Chapter 18.20 (General Terms) Exhibit 3B – Redlined Amendments to Chapter 18.30 (Residential Districts)
Exhibit 3C – Redlined Amendments to Chapter 18.35 (North Todos Santos District)
Exhibit 3D – Redlined Amendments to Chapter 18.40 (Office and Commercial Districts)

City Council Agenda Report
Agenda Item No. 5.a
September 24, 2024
Exhibit 3E – Redlined Amendments to Chapter 18.45 (Downtown Districts) Exhibit 3F – Redlined Amendments to Chapter 18.50 (Business and Industrial Districts)
Exhibit 3G – Redlined Amendments to Chapter 18.55 (Public/Quasi-Public District)
Exhibit 3H – Redlined Amendments to Chapter 18.60 (Community Land Districts)
Exhibit 3I – Redlined Amendments to Chapter 18.105 (Transit Station Overlay)
Exhibit 3J – Redlined Amendments to Chapter 18.150 (General Development Standards)
Exhibit 3K – Redlined Amendments to Chapter 18.160 (Parking, Loading, and Access)
Exhibit 3L – Redlined Amendments to Chapter 18.200 (Standards for Specific Uses)
Exhibit 3M – Redlined Amendments to Chapter 18.410 (Zoning Clearance)

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

Summary of Non-Discretionary and Discretionary Amendments Mandatory/Non-Discretionary Amendments
Attach./Exhibit(s) Section Amendment Reason for Amendment Land Use
Tables
Consolidate small and large Family Day Care Home into a single use classification and allow Zoning Clearance approval when operating within a residential use
State law (SB 234)
Land Use
Tables
Add Zoning Clearance approval for Multifamily uses for projects 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)
HE Program 15.22/B-G
Land Use
Tables
Land use tables amended for the Home-Based Business classification to remove references to CMC 18.200.050, Child day care facilities State law (SB 234)
2/A 18.20.020 Consolidate small and large Family Day Care Home use classifications into a single classification
State law (SB 234)

18.105.040 Allow 25 percent density increase by right for multifamily and mixed-use projects in the Transit Station Overlay District that meet objective standards
HE Program 15.2
2/I
For single-family bedroom additions, prohibit requiring additional off- street parking unless the addition does not conform to lot coverage, building height, and setback requirements
State law (AB 1308)
Replace ADU parking requirements with reference to CDC Section

18.200.180 where ADU parking is provided in conformance with ADU laws Table

18.160.040
Add reference deferring to state laws that supersede City’s parking requirements for multifamily developments
State law

18.160.050 Allow adjustments to parking when allowed by state law in general State law 2/J

18.160.050 Allow sharing of underutilized parking lots to satisfy parking requirements through a shared parking agreement
State law (AB 894)
Attachment 1

18.160.050 Allow parking reductions for religious institution affiliated housing developments
HE Program 16.2/state law
(AB 1851, AB 2244)

18.160.050 Limit review of EV and hydrogen-fueling stations to “specific, adverse impact upon the public health or safety”
State law (AB 1236, AB 970)

18.200.050 Consolidate small and large Family Day Care Home into a single use classification and refer to state law definition of the use State law (SB 234)
2/K 18.200.050 Delete permitting requirements for Family Day Care Homes that conflict with state law
State law (SB 234)
2/L 18.415.030 Exempt mixed-use projects with at least two-thirds residential that comply with ODS from design and site review
HE Program 15
2/M 5.05.090 Exempt eligible veterans and Family Day Care Home operators from payment of business license tax
State law (AG 498, SB 234)
Discretionary Amendments
Land Use
Tables
Add reference to “CDC 18.152, Objective Design Standards” to residential and mixed-use projects subject to ODS
Clarification/process
improvement
Land Use
Tables
Land use tables amended for the Home-Based Business classification to note when a Zoning Clearance or Administrative Permit review, and references to CMC 18.200.050, Child day care facilities will be replaced with a reference to CMC 18.200.100, Home-based business Clarification/process
improvement3/B-H
Land Use
Tables
Add reference to “CDC 18.152, Objective Design Standards” and “CDC

18.200.140, Mixed-use projects” for Mixed-Use Project
Clarification/process
improvement
3/C-E
Land Use
Tables
Add Zoning Clearance approval for Mixed-Use Projects for projects 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) Consistency with HE
Program 15/SB 330
3/A

18.20.020 Define Multifamily use as a residential use containing more than two dwelling units sharing common walls or otherwise attached Clarification/process
improvement; Distinguish
Multifamily from Duplex
use to ensure state laws for
streamlined reviews of

multifamily developments
do not apply to duplex
developments

18.20.020 Add definitions of small and large Family Day Care Home Clarification/process improvement
Table

18.35.020
Remove incorrect reference to CMC 18.200.050 Child day care facilities for Group Housing
Clarification
Table

18.35.030(A)
Add footnote clarifying FAR does not apply to residential uses Clarification

18.35.040 For conversions of single-family residential into multifamily dwellings, eliminate Administrative Permit and Design and Site Review Requirements Process improvement and
consistency with SB 330

18.35.040 For conversions of residential to office subject to a minor use permit, eliminate reference to density and FAR requirements
Process improvement

18.35.050 Eliminate use permit and design review requirement for the expansion of an existing building greater than 100 percent of the original building size; Existing design review triggers in CDC 18.415.020 for commercial and residential projects would still apply.

Process improvement
3/C

18.35.060 Clarify that all projects requiring design and site review are subject to North Todos Santos Design Guidelines
Clarification/process
improvement
3/D 18.40.040 Change permitting requirement from administrative permit to use permit for Mixed-Use Developments in the CMX district
Process improvement
3/E
Table

18.45.020
For Multifamily and Mixed-Use Projects in the DP district, require residential uses above the ground floor of buildings on properties directly facing Todos Santos Plaza, and requiring ground floor to be occupied by a retail or restaurant use, consistent with CDC 18.200.140.G.1 Clarification/process
improvement
3/I

18.105.040.B Clarify minor use permit for FAR increase and subject subjective standards apply to non-residential development projects. Amendment includes eliminating requirement for pedestrian friendly building design related to residential uses. The Downtown Design Guidelines would also apply to such projects.

18.105.040
(new
Subection D)
Change standards that currently apply to all projects to apply to non- residential or mixed-use projects with less than two-thirds residential Clarification/process
improvement and
consistency with state law
(SB 330)

3/J 18.150.030 Allow certain easement areas to be included in net parcel area Clarification/process improvement

18.160.040 Establish parking requirements for change of use or intensification of use on properties with non-conforming parking conditions
Process improvement

18.160.050 Eliminate shuttle requirement for shared, off-site parking facilities located within 300 feet
Process improvement

18.160.050 Eliminate process of converting existing garage and carport into habitable non-ADU space without replacing covered parking
Process improvement

18.160.050 Allow parking reductions to accommodate ADA improvements Process improvement 3/K

18.160.090 Establish objective standard for the disbursement of compact parking spaces
Clarification/process
improvement
3/L

18.200.050 Format correction for “daycare” and eliminate reference to minor use permit requirement for child day care centers, which conflicts with zoning districts where a conditional use permit is required
Clarification/process
improvement

18.410.020 Clarify when zoning clearance reviews are conducted Clarification/process improvement
3/M 18.410.030 Clarify that zoning clearance determination issued after City receives required information and provide a process for receiving determinations in writing and appealing determinations
Clarification/process
improvement

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), 18.160 (PARKING, LOADING, AND ACCESS), 18.200 (STANDARDS FOR SPECIFIC USES), CHAPTER 18.415 (DESIGN AND SITE REVIEW), AND TITLE 5 (BUSINESS LICENSES AND REGULATIONS), SECTION 5.05.090 (EXEMPTIONS), TO IMPLEMENT STATE LAW AND THE 2023 – 2031 HOUSING ELEMENT (HOUSING ELEMENT PROGRAMS 15.2 AND 16.1), AND CLARIFY AND IMPROVE REVIEW PROCESSES; (PL24066 – MC)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, the City of Concord has, from time to time, made amendments to its Municipal Code to conform with state law, and to clarify and/or improve review processes; and WHEREAS, the State of California has declared housing a matter of statewide importance; and
WHEREAS, to address the housing shortage, the State of California has enacted laws to accelerate housing production by, among other things, requiring local governments to streamline approvals for certain types of residential, mixed-use, and special needs housing developments; and WHEREAS, the State of California has found that local governments have a responsibility to facilitate the development of housing for all economic segments of the community (Government Code Section 65580(d)); and
WHEREAS, the Regional Housing Needs Allocation (RHNA) assigned to the City of Concord by the Association of Bay Area Governments requires that the City plan for 5,073 units of new housing between 2023 and 2031, including 2,883 units affordable to very low-, low-, and moderate-income households; and
WHEREAS, the City has not produced a sufficient number of affordable units to meet its RHNA in prior Housing Element cycles; and
Attachment 2

Ord. No. 24-XX 2
WHEREAS, the shortage of affordable housing in the City has led to insufficient supply of housing for the local workforce and student population, leading to overcrowding in some units, placing a cost burden on households, and long commutes as workers seek affordable housing in other communities; and
WHEREAS, the City has adopted a 2023-2031 Housing Element in compliance with state law that includes goals for providing a balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord, and promoting the expansion of housing opportunities for all groups with special housing needs; and WHEREAS, the City finds that the housing supply shortage for persons of very low-, low-, and moderate-incomes and persons with special housing needs is detrimental to the public health, safety and welfare and that it is a public purpose of the City, and a public policy of the State of California, to make an adequate supply of housing available for persons of all income groups and persons with special housing needs; and
WHEREAS, to ensure conformance with state law by adequately identifying sites for all income levels to meeting its RHNA, the City may need to add sites if a development occurs on a site that does not meet the number of units identified in the 2023-2031 Housing Element Sites Inventory; and
WHEREAS, to ensure compliance with state law, the City Council delegates the authority to the City Manager or his or her designee to add sites to the 2023-2031 Housing Element Sites Inventory to identify adequate capacity to meet its RHNA at all income levels; and WHEREAS, to facilitate construction of housing available for persons of all income groups, the 2023-2031 Housing Element includes Program 15, with the overarching goal of removing constraints associated with the City’s design and site review process for multifamily and mixed-use developments by allowing a ministerial (by-right) approval for projects that meet objective design standards; and
WHEREAS, one of the implementation measures of this Program is stated in Housing Element Program 15.2 (“HE Program 15.2”), which states: Amend the Design and Site Review

Ord. No. 24-XX 3
Process by July 2024, to require staff-level ministerial review for multifamily housing projects.

Amendments will also include allowing multifamily housing by-right in mixed use districts when objective design and development standards are met and allowing 25% additional density in the Transit Station Overlay District by right for projects that meet objective standards for this District; and
WHEREAS, Housing Element Program 16.1 requires amending the Development Code by December 2024 as required by State law (AB 1851) to identify a process by which parking requirements can be reduced for religious institutions in exchange for housing development; and WHEREAS, on September 5, 2023, the City Council adopted Ordinance No. 23-7 approving an amendment to the Concord Municipal Code (CMC), Title 18 (Development Code), Chapter 18.405 (Permit application and processing), Chapter 18.415 (Design and site review), and adding Chapter

18.402 (Pre-application procedures) for consistency with state law and implementation of 2023-2031 Housing Element Programs 2.2, 6.1, 15.2, and 22.6(b); and WHEREAS, to fully implement Program 15.2, Development Code amendments are necessary to allow by-right approvals for: 1) multifamily housing in mixed-use districts that meet objective design and development standards; and 2) a 25 percent increase above the base residential density for projects in the Transit Station Overlay District that meet objective design and development standards; and
WHEREAS, Municipal Code amendments are also necessary to conform with various state laws and to clarify or improve review processes; and
WHEREAS, the Planning Commission, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on July 17, 2024, on the proposed amendments, received the staff report and staff presentation, received comments from the public and interested parties, and after closing the public comments portion discussed the matter (the “Planning Commission Information”); and
WHEREAS, on July 17, 2024, the Planning Commission, after consideration of all pertinent plans, documents and testimony, declared their intent to recommend approval of the subject proposal;

Ord. No. 24-XX 4
and
WHEREAS, following the July 17, 2024 public hearing, the Planning Commission adopted Resolution No. 24-09PC, recommending that the City Council adopt proposed amendments to City of Concord Municipal Code (“Municipal Code”) amending Title 18 (Development Code), Chapters

18.20 (General Terms), 18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi-Public District), 18.60 (Community Land Districts), 18.105 (Transit 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

Ord. No. 24-XX 5
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 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, 2034 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

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warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

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

The proposed amendment will implement Program 15.2 of the 2021 – 2031 Housing Element, and is in conformance with the General Plan by facilitating a balanced supply of housing types and prices to meet the needs for all economic segments of the community and promoting the expansion of housing opportunities for all groups. Amendments to implement state law are consistent with overarching General Plan policies related to streamlined reviews, transit-oriented development, and improving land use compatibility, including but not limited to:
 Policy E-2.1.2: Retain and attract business and facilitate businesses’ efforts to develop and expand and Policy E-2.1.4: Continue to improve the streamlined permit processes and expedited permit decisions. Amendments promoting these policies include streamlining reviews of Family Day Care Homes as required by State law.
 Policy E-3.1.5: Promote transit-oriented Downtown development and activities that take advantage of nearby transit services, such as BART, bus services, and Buchanan Field Airport. Proposed amendments allowing a density increase of up 25 percent for multifamily and eligible mixed-use developments in the Transition Station Overlay district will incentivize the construction of transit-oriented development downtown.
 Policy LU-1.1.1: Support land use decisions that reinforce and capitalize on neighborhood strengths and benefit neighborhood identity and scale. Proposed amendments to facilitate residential development in neighborhoods and zoning districts that are compatible with residential uses, including higher-density multifamily developments, are consistent with this policy.

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2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

In response to California’s housing shortage, the State has adopted laws to accelerate housing production by removing or limiting the City’s discretionary review on housing developments. The proposed amendment would implement State law and Housing Element Program 15.2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendment will serve the City’s public interest by facilitating residential projects to help alleviate the City of Concord’s housing shortage and special housing needs, and facilitating non-residential projects by clarifying applicable standards and review procedures. In the event the City has discretion on projects facilitated by the proposed amendment, the City will evaluate the projects against applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the City. 3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.

This amendment does not include any amendments to the zoning map.

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

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

Section 8. Municipal Code Title 18 (Development Code), Chapters 18.20 (General Terms),

18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi-Public District), 18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), and Title 5