The purpose of the airport overlay district (A) is to provide protection to people and property on the ground and to protect Buchanan Field Airport from the encroachment of noncompatible land uses that may interfere with its safe operation. [Ord. 12-4. DC 2012 § 122-245].

The provisions of the airport overlay district (A) shall apply to all lands within the airport influence area (area extending 14,000 feet from the ends of the primary surfaces for specified runways) and airport safety zones as defined and shown in the Contra Costa County airport land use compatibility plan (ALUCP) adopted by the Contra Costa County airport land use commission (ALUC). In the event of a conflict between the provisions of this chapter and those in the ALUCP, the ALUCP provisions shall prevail. [Ord. 12-4. DC 2012 § 122-246].

All land use applications shall be referred to the ALUC for review and recommendation, as follows:

A. Actions affecting land uses anywhere within the airport influence area (See ALUCP, Airport Influence Area, Figure 3A) including:

1. Any proposal for new development (including buildings, antennas, and other structures) exceeding 150 feet in height.

2. Any obstruction reviewed by the Federal Aviation Administration (FAA) in accordance with the Federal Aviation Regulations, which receives a finding of anything other than “not a hazard” to air navigation.

3. Any project having the potential to create electrical or visual hazards to aircraft in flight, including:

a. Electrical interference with radio communication or navigational signals;

b. Lighting which could be mistaken for airport lighting;

c. Glare in the eyes of aircraft pilots using the airport; and

d. Impaired visibility near the airport.

4. Projects having the potential to attract an increased number of birds to the vicinity of the airport.

B. Actions affecting land uses within the 55 dB CNEL noise contour (See ALUCP, Composite Noise Contours, Figure 3B), and safety zones (See ALUCP, Safety Zones, Figure 3C) including:

1. Proposed residential development and subdivisions consisting of 20 or more acres and five or more lots.

2. Any discretionary project having a building floor area of 20,000 square feet or greater.

3. Major capital improvements (e.g., water, sewer, or roads) which would promote urban uses in undeveloped or agricultural areas where such uses are not reflected in a previously approved general plan or specific plan.

4. Proposed land acquisition by a government entity for any facility accommodating a congregation of people (for example, a school or hospital).

C. Any proposal for new development (including buildings, antennas, and structures) as follows:

1. Within Safety Zones 1 and 2: any proposal for new non-aviation development.

2. Within Safety Zones 3 and 4: any proposal more than 50 feet in height.

3. Within Height Exception Overlay Zones 1 and 1*: any proposal more than 150 feet in height.

4. Within Height Exception Overlay Zone 2: any proposal more than 45 feet in height.

5. Any non-aviation development of airport property if such development has not previously been included in an airport master plan or general plan reviewed by the ALUC.

6. Any proposal, regardless of location, for construction or alteration of a structure taller than 200 feet in height above the ground level of the site.

7. Any other proposed land use action involving a question of compatibility with airport activities. [Ord. 12-4. DC 2012 § 122-247].

The following development standards are set forth in the ALUCP and shall apply to all development within the airport influence area and the safety zones as specified below. Where a conflict exists between the development standards herein and the regulations of the base zoning district, the more restrictive shall apply.

A. Noise Compatibility. New development within the airport influence area shall be evaluated for compatibility with noise standards pursuant to the ALUCP.

B. Safety Compatibility. New development within the safety zones (See ALUCP Safety Zones, Figure 3C) shall meet the following criteria:

1. Safety Zone 1.

a. No new structures are permitted other than aeronautical facilities as determined by FAA criteria.

b. Storage of fuel and other hazardous materials is prohibited.

2. Safety Zone 2.

a. Land uses shall be limited to a maximum of 30 people per acre or one person per 500 square feet of gross building floor area, except that hotels, restaurants, shopping centers, theaters, and other places of public assembly may be acceptable with incorporation of the identified risk-reduction design features (see subsection (B)(5) of this section).

b. Buildings shall have no more than two habitable floors above ground.

c. Residences, K-12 schools, day care centers, hospitals, and nursing homes are specifically prohibited.

d. Above-ground bulk storage of hazardous materials is prohibited with the exception of up to 2,000 gallons of non-aviation flammable materials.

3. Safety Zone 3.

a. Land uses shall be limited to a maximum of 125 people per acre, except that fast food restaurants, major shopping centers, theaters, and other places of public assembly may be acceptable with incorporation of the identified risk-reduction design features (see subsection (B)(5) of this section).

b. Buildings shall have no more than three habitable floors above ground. However, if a building is proposed to have more than two habitable floors above ground, the project shall provide a disaster management plan to facilitate the rapid evacuation of building occupants in the event of an aircraft accident involving the building.

c. Residences, K-12 schools, hospitals, and nursing homes are specifically prohibited.

d. Above-ground storage of more than 2,000 gallons of fuel or other hazardous materials is prohibited.

4. Safety Zone 4.

a. Land use intensity is not limited, except buildings shall have no more than four habitable floors above ground.

b. Above-ground storage of more than 2,000 gallons of fuel or other hazardous materials is prohibited in existing or planned residential or commercial areas.

5. Risk-reduction design features (see ALUCP, Risk Reduction Design Feature Policies 4.2.4 and 5.3.6).

Subject to ALUC review as prescribed in CDC 18.100.030, higher intensity uses up to 45 people per acre for Safety Zone 2 and 250 people per acre for Safety Zone 3 may be permitted for buildings that incorporate special risk-reduction design features, such as:

a. Use of concrete walls;

b. Limited number and size of windows;

c. Upgraded building roof strength;

d. Avoidance of skylights;

e. Fire sprinkler system enhancements;

f. Single-story building design; and

g. Increased number of emergency exits.

C. Airspace Protection Criteria. (See ALUCP, Airspace Protection Surfaces, Figure 3D.)

1. Height Limitations. New development within the airport influence area that exceeds 45 feet in height shall be referred to the ALUC for a consistency determination with Federal Aviation Regulations (FAR) Part 77 and Terminal Instrument Procedures (TERPS) criteria.

2. Height Exception Overlay Zones 1 and 1*.

a. Height Exception Overlay Zone 1. Structures having a height up to 279 feet above mean sea level (approximately 250 feet above ground level) are permitted.

b. Height Exception Overlay Zone 1* (the area up to 100 feet west of Overlay Zone 1). Proposed structures are permitted to have a height equal to the lower of structures within the westernmost 400 feet of Height Exception Overlay Zone 1; or 279 feet above mean sea level. [Ord. 12-4. DC 2012 § 122-248].

A. Nonconforming Uses. Any use not in conformance with the ALUCP may be continued, modified, transferred, or sold. Expansion of nonconforming uses shall be permitted only as follows:

1. Expansion of nonconforming uses shall not be permitted within Safety Zone 1, except:

a. A nonconforming residential use may be expanded in building size; provided, that the expansion does not result in more dwelling units than currently exist on the parcel.

b. A nonconforming nonresidential use shall be permitted a one-time expansion of no more than 10 percent of the floor area of the existing structure or 1,000 square feet, whichever is greater; provided, that the expansion does not increase the use intensity (number of people per acre) by more than 10 percent above the levels existing on December 13, 2000.

c. Any expansion greater than indicated in subsection (A)(1)(c) of this section shall be subject to ALUC review and recommendation.

B. Reconstruction. An existing nonconforming development which has been fully or partially destroyed as the result of a calamity may be rebuilt only under the following conditions:

1. Reconstruction shall not be permitted within Safety Zone 1, except as follows:

a. A nonconforming residential use may be rebuilt; provided, that the reconstruction does not result in more dwelling units than currently exist on the parcel.

b. A nonconforming nonresidential use may be rebuilt; provided, that:

i. The structure involved has been only partially destroyed, meaning damage can be repaired at a cost of no more than 75 percent of the assessor’s full cash value of the structure at the time of damage; and

ii. The reconstruction does not increase the floor area of the previous structure by more than 10 percent or 1,000 square feet, whichever is greater, or result in an increase of more than 10 percent of the use intensity (number of people per acre).

c. Any nonresidential use which has been more than 75 percent destroyed must comply with all applicable standards contained in the ALUC plan when reconstructed.

d. Reconstruction pursuant to this subsection must begin within 24 months of the date that the damage occurred.

2. Development by Right. Nothing in this title prohibits construction or alteration of a single-family home on a legal lot of record if such use is permitted by the base district. [Ord. 12-4. DC 2012 § 122-249].

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. The development standards in the TS district are intended to support transit use by ensuring access, creating a safe and pleasant pedestrian environment through the development of active uses such as shops and activities, developing pedestrian-oriented amenities, such as benches, kiosks, and outdoor cafes, and limiting conflicts between transit, vehicles, bicycles, and pedestrians. [Ord. 12-4. DC 2012 § 122-270].

A TS overlay district may be combined with any base district within one-half mile of the perimeter of a BART station, excluding the reuse area (study district) adjacent to the North Concord BART Station. [Ord. 12-4. DC 2012 § 122-271].

A. Permitted Uses. Uses permitted in the TS overlay district are those permitted in the base zoning district, except as specified below.

B. Prohibited Uses. The following uses are prohibited within the TS overlay district:

1. Public/Quasi-Public Uses.

a. Cemeteries, columbariums, mausoleums.

b. Public maintenance and service facilities.

c. Surface parking facilities.

d. Recycling facilities.

e. Utility facilities.

2. Retail Uses.

a. Automobile auctions, brokers with vehicle display, and dealerships; motorcycle dealerships and other vehicle and equipment sales and services.

b. Building and yard materials sales.

c. Commercial vehicle sales, rentals.

d. Recreational vehicle sales, rentals.

e. Retail, big box.

f. Retail, with drive-through.

g. Retail, nurseries, garden centers.

h. Retail, restricted.

3. Commercial Services.

a. Ambulance services.

b. Automobile rental with on-site storage of rental vehicles.

c. Automobile services (all).

d. Car wash, attended, unattended.

e. Fleet-based services.

f. Funeral parlors, mortuaries.

g. Gas stations.

h. Repair services, appliances, equipment.

i. Restaurants with drive-through.

j. Self-storage facilities, mini-storage.

C. Findings. In addition to any findings required for approval of any other required discretionary permit, approval for development on properties with a TS overlay shall meet the following criteria:

1. The development provides a balanced mixture of residential and commercial uses in a manner that promotes and enhances the use of transit and walkability; and

2. The development is designed to provide an active, safe, and pleasant pedestrian environment. [Ord. 12-4. DC 2012 § 122-272].

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

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

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

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

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

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

5. Repealed by Ord. 24-7.

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

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

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

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

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

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

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

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

3. Improvements Between Buildings and the Street. The land between a building or exterior improvement and a street shall be landscaped with planters and/or hardscaped for use by pedestrians. If hardscaped, the area shall contain at least two pedestrian amenities such as benches, drinking fountains, and/or other design elements (public art, planters, and kiosks). Sidewalk cafes and buildings with ground-floor residential are exempt from this requirement. [Ord. 24-7 § 7 (Exh. I); Ord. 24-6 § 8 (Exh. I); Ord. 12-4. DC 2012 § 122-273].

The purpose of each commercial cannabis overlay district is to allow the city to retain the greatest amount of regulatory control over the location and number of certain cannabis businesses and commercial activities. Without proper regulation, these cannabis businesses and commercial activities have the potential to adversely impact residents, employees, businesses, and properties in the areas surrounding them. Therefore, to protect public health, safety, and welfare, the city has established overlay zoning in order to efficiently implement specific standards for the establishment and operation of certain cannabis businesses and related activities. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A)].

Refer to CMC 5.80.020 for definitions. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A)].

The following districts are hereby created, which shall overlay any underlying zoning district or districts, as further depicted in Figure 18.110.030(A):

A. Commercial cannabis overlay district allows for the following commercial cannabis land uses: manufacturing, testing laboratories, microbusiness, non-storefront retail and distribution (Type 11 and Type 13), as permitted by the underlying base zoning district and subject to the licensing regulations set forth in Chapter 5.80 CMC. Distribution transport only (Type 13) uses are only allowable in conjunction with a permitted manufacturer, microbusiness, or non-storefront retailer license pursuant to Chapter 5.80 CMC.

B. Buffer Zone. Subject to the exception set forth in CDC 18.110.040, no sensitive land use or cannabis business (as those terms are defined in CMC 5.80.020) shall be located within 600 feet of the commercial cannabis overlay district, which is otherwise designated as a buffer zone in Figure 18.110.030(A).

Figure 18.110.030(A) – Commercial Cannabis Overlay: Manufacturing, Testing Laboratories, Microbusinesses, Non-Storefront Retail, and Distribution (Type 11 and Type 13)

[Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exhs. A, C)].

Storefront retailer cannabis licenses, and distributor transport only (Type 13) licenses issued in conjunction with a storefront retailer license, may be allowable in locations outside of the commercial cannabis overlay districts, subject to selection by the city council after a competitive selection process; refer to the land use tables in Chapter 18.45 CDC, downtown districts (DP, DMX, and WMX) and Chapter 5.80 CMC. [Ord. 20-4 (Exh. B)].

The use classifications permitted or prohibited in the commercial cannabis overlay district shall be those use classifications allowed in the underlying base zoning district. In addition to any planning permits required in the underlying zoning district, each permitted cannabis business or commercial activity shall also be required to obtain a city cannabis license, in conformance with Chapter 5.80 CMC, a Bureau of Cannabis Control or other appropriate state regulatory license, and a business license prior to operating said business. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.040].

The development standards within any commercial cannabis overlay district shall be those development standards in effect in the underlying zoning district or districts. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.050].

Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect or application of any requirement to obtain a city cannabis license land use approval (use permit, minor use permit, administrative approval, or zoning clearance), state cannabis license, or business license, or the standards of any zoning district or districts underlying a commercial cannabis overlay district. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.060].

Where a conflict occurs between the commercial cannabis overlay district and any other section of the development code or any provision of the Concord Municipal Code, the more restrictive regulations shall prevail. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.070].

If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.080].

In accordance with California Government Code Section 65583.2(c), the purpose of the affordable housing overlay district (AH) is to provide an alternative review process for housing development projects on sites identified for lower income households in the city’s 2023-2031 housing element that had been previously identified in housing elements, and in which at least 20 percent of the units are affordable to lower income households. [Ord. 24-2 § 7 (Exh. B)].

“By-right development” shall mean that the city’s review of the housing development project does not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code. Any subdivision of sites shall be subject to the Subdivision Map Act, CMC Title 17, and all provisions in this title pertaining to minor and major subdivisions.

“Housing development project” has the same meaning as defined in Government Code 65589.5(h)(2).

“Lower income household” means a household that is either a very low-income or a low-income household as established under the latest state income limits for Contra Costa County by the Department of Housing and Community Development. [Ord. 24-2 § 7 (Exh. B)].

The following district is hereby created, which shall overlay any underlying zoning district or districts, as further illustrated in Figure 18.115.030(A):

Figure 18.115.030(A) – Affordable Housing Overlay District

[Ord. 24-2 § 7 (Exh. B)].

All by-right development projects pursuant to this chapter must be entirely on a parcel or parcels as those parcels were constituted and identified at the time of adoption of the 2023-2031 housing element, which is reflected on the AH overlay district map, and shall comply with the following:

A. Provide at least 20 percent of the units as affordable to lower income households and provide a deed restriction ensuring affordability pursuant to CDC 18.185.090. These units shall enter into an affordable housing agreement, pursuant to CDC 18.185.090.

B. Chapter 18.152 CDC, Objective Design Standards. For housing development projects not in conformance with the city’s objective design standards, they shall be subject to design and site review pursuant to Chapter 18.415 CDC.

C. Housing development projects requesting a major or minor subdivision are subject to the Subdivision Map Act, the applicable provisions of CMC Title 17 (Subdivisions), and application review pursuant to Table 18.400.020. [Ord. 24-2 § 7 (Exh. B)].

A. Initial Meeting and Preliminary Application. Pursuant to CDC 18.402.020, the applicant shall schedule an initial meeting with staff prior to filing a permit application. An applicant may voluntarily submit a preliminary application for review per CDC 18.402.030(B).

B. Submittal Requirements. Filed applications shall include the information identified in the checklist on file with the planning division, and all applicable fees in accordance with the currently adopted master fees and charges schedule.

If an application for a density bonus, development incentive or concession, or other affordable housing program incentive, it shall be submitted and processed concurrently with any other application(s) required for the housing development project.

Final approval or disapproval of an application shall be made by the review authority.

C. Following receipt of the application and in conformance with Chapter 18.405 CDC (Permit Application Filing and Processing), the city shall provide to an applicant a letter which identifies project issues of concern and the procedures for compliance with this chapter. [Ord. 24-2 § 7 (Exh. B)].

The planning division shall be the review authority for housing development projects pursuant to this chapter, except for the specific decision regarding an application for a minor or major subdivision map, which shall be decided by the review authority identified in CDC 18.400.020. The date of decision on a minor or major subdivision by the appropriate review authority under this chapter shall not be tied to the date of the hearing and action of that review authority, but shall instead be the date the planning division subsequently issues a decision on the application as a whole. Any appeal initiated on a decision including approvals of the planning division and another review authority shall be combined and heard by the next highest review authority identified under CDC 18.510.010 that did not participate in the decision. [Ord. 24-2 § 7 (Exh. B)].

A. Eligibility for Density Bonus Law waivers, incentives and concessions, the city’s affordable housing incentive program and the transit station overlay shall not be limited by the applicability of this chapter.

B. Subdivision Regulations. CMC Title 17 establishes regulations for the subdivision of land. Where conflict exists between the AH overlay district and the provisions of CMC Title 17, the provisions of CMC Title 17 shall govern. [Ord. 24-2 § 7 (Exh. B)].

Notwithstanding the regulations set forth in this chapter, if any section of this chapter conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this chapter.

Where a conflict occurs between the AH overlay district and any other section of the development code or any provision of the CMC, the review authority of this chapter will determine which regulation prevails. [Ord. 24-2 § 7 (Exh. B)].

Projects shall conduct a neighborhood meeting in conformance with CDC 18.405.050(B), Neighborhood meeting. [Ord. 24-2 § 7 (Exh. B)].

Pursuant to Government Code Section 65583.2(m), this chapter shall only be effective until December 31, 2028, and shall be repealed thereafter, unless extended by the state. [Ord. 24-2 § 7 (Exh. B)].