This chapter expands upon the development standards established in Division II of this title (Zoning Districts – Uses and Standards) by addressing the details of site planning and project design. These standards are intended 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. [Ord. 17-11 § 3 (Exh. 12); Ord. 12-4. DC 2012 § 122-294].

The provisions of this chapter apply to all new development and uses and to modifications to existing structures and uses in combination with the standards for each zoning district in Division II of this title (Zoning Districts – Uses and Standards), except as specified in Chapter 18.530 CDC (Nonconforming Uses, Structures, and Parcels). The requirements in Division V of this title (Standards for Specific Uses) shall also be considered with these standards, as applicable. [Ord. 12-4. DC 2012 § 122-295].

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

A. Be excluded from the gross lot area and shall not be included in the minimum net lot area required for a site, allowable density, lot coverage, or floor area ratio, unless the easement area can be used for purposes that are ancillary or incidental to the primary use of the property on which the easement is located; and

B. Be excluded from the required setback area. All setbacks shall be measured from the edge of the public or private rights-of-way, easements, or land offered for dedication for road or access purposes, and any portion of a flag or corridor access lot. [Ord. 24-7 § 7 (Exh. J); Ord. 13-5; Ord. 12-4. DC 2012 § 122-296].

A. Purpose. This section establishes standards to encourage variety and flexibility in the design, development, and maintenance of fences and walls and to permit increased use of yard areas, as well as to establish the maximum heights of such fences and walls for maintaining clear sight distances.

B. Applicability. The requirements of this section apply to fences, walls, and combination fence/retaining walls, excluding fences or walls required by a state or federal agency or by the city for public safety.

C. Height Limit and Exceptions.

1. Fencing and walls located within the sight visibility triangle along a street intersection or driveway shall comply with CDC 18.150.170, Traffic visibility at intersections and driveways.

2. Fences and walls located along a front property line and/or within a required front setback shall not exceed a height of three feet.

3. On properties where residential uses are allowed, fences and walls shall not exceed a maximum height of six feet, except under the following circumstances:

a. Fences within required side or rear yard setbacks may be increased in height to seven feet if the top one foot is constructed of lattice (see Figure 18.150.040(A)), provided the fence complies with all other requirements of this section, including fence material limitations in subsection (E) of this section (Prohibited Fences).

FIGURE 18.150.040(A) – ADDITIONAL FENCE HEIGHT ALLOWED

b. Fences or walls within required side and rear yard setbacks may be increased in height to eight feet, subject to approval of a minor exception (Chapter 18.425 CDC, Minor Exceptions).

c. Fences or walls that meet the setback requirements for the primary structure may be increased in height up to eight feet.

4. On properties where nonresidential uses or mixed uses are allowed, fences and walls in the side and rear yards shall not exceed a maximum height of eight feet.

5. Retaining walls shall not exceed a height of four feet. An embankment to be retained that is over four feet in height shall be benched so that no individual retaining wall exceeds a height of four feet above finished grade, and each bench has a minimum horizontal distance of two feet between each wall (see Figure 18.150.040(B)). An exception may be granted for a taller wall if necessary due to slope and/or soils, based on a geotechnical report from a licensed civil or geotechnical engineer, and approved by the city engineer.

FIGURE 18.150.040(B) – RETAINING WALL DESIGN

*See CDC 18.150.040(C)(5), fences and walls, and 18.300.070(E)(1), Retaining Walls.

6. See CDC 18.150.180, Transitional requirements, for additional fencing and wall requirements between properties.

D. Measurement of Fence and Wall Height.

1. Fence and wall height shall be measured as the vertical distance between the finished grade at the base of the fence or wall to the top edge of the structure. The grade shall not be modified in order to increase fence height.

2. Where the elevation of the finished grade within six feet of the base of the fence differs from one side of the fence to the other, as when a fence is placed at the top of a slope or on a retaining wall, the height shall be measured from the side with the lowest natural grade.

3. Combination fence/retaining walls shall be measured as the total height of both structures, from the base of the wall at the finished grade on the lowest side to the top edge of fence material. When a fence is placed a minimum horizontal distance of 24 inches away from a retaining wall, the height of each structure shall be measured separately.

E. Prohibited Fences. The following types of fences or fencing material are prohibited unless specifically approved by the planning division for animal control, special security needs, or as required by city, state, or federal law or regulation:

1. Barbed wire, razor, or concertina wire;

2. Electrified fence;

3. Chain link fencing when visible from public areas, public rights-of-way, and/or private roadways; or

4. Temporary fencing such as plastic or wire mesh fencing, barricades, and panel-system fences, except for construction sites, city-sponsored events, and temporary uses approved under CDC 18.200.200, Temporary uses and structures. [Ord. 17-5 § 2 (Exh. C); Ord. 13-5; Ord. 12-4. DC 2012 § 122-297].

A. Purpose. This section establishes requirements for installing frontage improvements including, but not limited to, curbs, gutters, sidewalks, street paving, lighting and planting, storm drains and structures, sanitary sewers and structures, or any combination thereof.

B. Applicability. The requirements of this section apply to all planning permits. The city engineer shall use the general plan, and/or related master plan, policies, or standards as a guide in determining the frontage improvements required.

C. General Requirements.

1. Applicant shall dedicate to the city all public rights-of-way and/or easements necessary for constructing the frontage improvements.

2. Frontage improvements shall be installed at the sole expense of applicant and without cost to the city.

3. The city engineer shall certify that the required frontage improvements have been installed prior to approval of a planning permit or that contractual arrangements supported by a proper bond have been made to provide the required improvements without unreasonable delay.

4. Property owners shall be responsible for maintaining and repairing improvements fronting or abutting their property, as required by state law.

D. Appeal. The determination of the city engineer may be appealed to the city council in accordance with Chapter 2.05 CMC, Article II, Appeals to City Council. The council may grant a planning permit without requiring frontage improvements upon finding that the proposed use will not cause an additional traffic or drainage burden in front of the property for which the planning permit is sought. [Ord. 12-4. DC 2012 § 122-298].

A. Purpose. This section establishes requirements for grading (e.g., filling, excavating, leveling, or stockpiling of earth, rock, sand, gravel, or similar materials) and are in addition to the requirements of Chapter 16.10 CMC, Grading, Erosion and Sedimentation Control.

B. Applicability. Design and site development review shall be approved by the planning division prior to the issuance of a grading permit.

C. Exceptions. Design and site development review shall not be required for:

1. Grading that involves the movement of less than 200 cubic yards of materials if not related to previous grading on the property, regardless of previous amounts, provided the grading does not involve hauling to or from the site, does not occur within a hillside protection area, and does not affect a wetland, creek, or drainage channel;

2. A grading plan previously approved by the engineering and planning divisions as part of an approved building permit;

3. A grading plan previously approved by the planning and engineering divisions as part of an approved planning permit such as a use permit or tentative map;

4. When the planning division determines that the grading is minor and will clearly not cause any adverse environmental or visual impacts; or

5. The grading is necessary to protect the public health, safety, and welfare in the event of emergency or disaster. In permitting grading to proceed under this exception, the city may impose and require compliance with conditions, which are reasonable under the circumstances. [Ord. 12-4. DC 2012 § 122-299].

A. Purpose. This section establishes rules for measuring the height of structures and exceptions to height limits.

B. Measurement of Height. The maximum height shall be measured as the vertical distance from finished grade at the base of the structure to an imaginary plane located at the allowed number of feet above and parallel to the finished grade at any point (See Figure 18.150.070). Finished grade shall be established in a manner consistent with other parcels in the vicinity and shall not be artificially raised to gain additional building height. Fence and retaining wall height shall be measured in compliance with CDC 18.150.040 (Fences and walls).

FIGURE 18.150.070 – HEIGHT MEASUREMENT

C. Exceptions to Height Limits. No structure or accessory structure shall exceed the height limit established for the applicable district in Division II of this title (Zoning Districts – Uses and Standards), except for the following:

1. Chimneys may exceed the height limit by three feet.

2. Cupolas, gables, domes, elevator penthouses, mechanical equipment screening, monuments, spires, or towers less than 10 percent of the roof area may exceed the height limit by 10 feet with approval of a minor exception.

3. Rooftop open space features such as sunshade and windscreen devices and open trellises less than 10 percent of the roof area may exceed the height limit by 12 feet with approval of a minor exception.

4. Skylights or vents may exceed the height limits by three feet.

5. Catwalks, fire escapes, and open railings may exceed the height limits by eight feet.

6. Rooftop solar panels may exceed the height limit by eight feet.

7. Flagpoles may exceed the height limit by 10 feet.

8. Public utility poles, towers, distribution and transmission lines, water tanks, radio towers, and similar structures shall not be subject to the height limitations prescribed for the applicable district.

9. Wireless communications facilities and microwave equipment including antennas, monopoles, towers, and necessary mechanical appurtenances may be authorized to exceed the height limit if in compliance with Chapter 18.205 CDC (Wireless Communications Facilities for New or Substantially Changed Facilities) and/or Chapter 18.207 CDC (Wireless Communications Facilities for Eligible Facilities Requests).

10. Height limits established by a planning permit or specific plan. [Ord. 17-11 § 3 (Exh. 12); Ord. 12-4. DC 2012 § 122-300].

A. Purpose. This section establishes standards for screening mechanical equipment from public views.

B. Applicability. This section applies to all projects requiring a planning permit, except for planning permits related to development or use of an existing single-family residence.

C. Screening Requirement. Screening is required for all exterior mechanical equipment, devices, and utilities including air conditioning, ductwork, heating, plumbing lines, refrigeration equipment, utility meters and structures, transformers, trash compactors, and backflow devices. Screening shall be designed as follows:

1. Screening for roof-mounted equipment shall be architecturally compatible with the design, color, and materials of the building. Screening incorporated into the building design such as mechanical wells and parapet walls are preferred.

2. Screening for building-mounted equipment such as utility closets and wall recesses shall be incorporated into the building’s design. Access doors or gates shall be an opaque durable material. Perforated metal, landscaped metal trellis or similar view-obscuring design is acceptable. Chain link gates with slats or fabric screening are not permitted unless the gate is not visible from off-site views.

3. Screening for ground-mounted equipment shall be as follows:

a. Equipment located within a required front or street side setback shall be enclosed in subsurface vaults, except utility meters for single-family dwellings that may be located within interior side setbacks and where otherwise required by the utility.

b. Equipment located outside of required yard areas shall be screened by a welded wire trellis system or similar view-obscuring green screen.

4. When landscaping is used for screening, larger sized plant materials shall be installed, as approved by the planning division. [Ord. 12-4. DC 2012 § 122-301].

The moving or relocation of buildings shall be conducted according to the standards and procedures in Chapter 15.100 CMC (Moving of Buildings). [Ord. 12-4. DC 2012 § 122-302].

A. Purpose. This section establishes private and common open space requirements for residential development.

B. Applicability. The requirements of this section apply to all residential development of three or more new dwelling units, and the conversion of three or more dwelling units into condominiums.

C. Private and Open Space Requirement. Developments with three or more dwelling units shall provide at least 200 square feet of private and/or open space per dwelling unit. This requirement may be met by providing a combination of private and common open space as long as each unit has a minimum private open space of 60 square feet.

D. Recreational Facility Requirement. In addition to open space requirements, a project of 25 units or more shall provide at least one recreational facility such as a game court, play lot, swimming pool, sauna, or exercise room. Projects with 100 or more units shall provide a multi-purpose or recreation room. Up to 50 percent of the floor space of such recreational facilities may be credited towards the required common open space.

E. Exclusive Dedication. Off-street parking and loading areas, driveways, and service areas shall not be considered as required open space areas.

F. Private Open Space. Private open space may include, but not be limited to, decks, balconies, porches, patios, and enclosed yards. Private open space shall meet the following standards:

1. Be immediately accessible from a habitable room or hallway within the unit (e.g., not only accessible from a ground floor garage);

2. Have access from only one dwelling unit;

3. Have at least two weatherproofed electrical outlets; and

4. Have a minimum dimension of 10 feet for ground level units and six feet for above-ground units (e.g., balconies).

G. Common Open Space. Common open space may include, but not be limited to, parks, gardens (including rooftop gardens), courtyards, and barbecue areas. Common open space shall meet the following standards:

1. Not exceed a slope of 10 percent;

2. Be centrally located within the development and accessible to all units (except for rooftop facilities);

3. Have a minimum area of 500 square feet and dimension no less than 15 feet when a rectangle is inscribed within it;

4. Contain amenities that enhance its usability such as benches, tables, BBQ equipment, gazebos or similar shade structures;

5. Be open to the sky and unobstructed, except for improvements that enhance its usability, and structures projecting from upper level units such as balconies, trellises, or similar shade structure, provided such structures do not cover more than 25 percent of ground-level common open space;

6. Not have more than 50 percent of the area used for bio-swales, bio-retention areas, or similar stormwater treatment features;

7. Be located outside of setback areas adjacent to a public street; and

8. Be located at least 15 feet from any door or window of any dwelling unit.

H. Surfacing. The surface of open space areas may be any combination of lawn, brick, flagstone, wood planking, concrete, or other serviceable, dust-free surface.

I. Exceptions. The open space or recreational facility requirements may be modified by the decision-making body based on findings that the site is physically constrained, or that the quality of life accommodated by the project will not be compromised, or that the residents will benefit from other amenities that are located in close proximity to the project site. [Ord. 12-4. DC 2012 § 122-303].

A. Purpose. This section establishes standards for efficient, safe, and attractive outdoor lighting while preventing nuisances caused by unnecessary light intensity, direct glare, and light trespass.

B. Applicability. The requirements of this section apply to all projects requiring a planning permit.

C. General Standards.

1. Light fixtures shall not exceed 25 feet in height except when adjacent to residential development where the height shall be limited to 16 feet. The height of light fixtures shall be measured from ground level to the highest point, including the base.

2. All outdoor lighting shall be energy efficient with a bulb life of not less than 10,000 hours.

3. All outdoor lighting shall use full cut-off luminaires with the light source downcast, except as follows:

a. A lighting fixture may be aimed against a structure if the light is effectively contained by the structure and no glare is visible from off site.

b. Floodlights that do not meet the definition of “full cut-off” may be used if permanently directed downward, if no light is projected above the horizontal plane, and if fitted with external shielding to prevent glare and off-site trespass. Unshielded floodlights are prohibited.

4. Outdoor light fixtures shall be directed so there is no objectionable direct glare source visible above a height of five feet from any property.

5. Light fixtures adjacent to residential properties may require special shielding devices to prevent light trespass as determined by the city.

D. Hours of Illumination. All new outdoor light fixtures for nonresidential uses that are adjacent to residential developments shall remain off or set on a motion sensor between 10:00 p.m. and 6:00 a.m., except when:

1. The hours of operation of the associated use extend beyond the required off-hour;

2. Illuminating flags representing country, state, or other civic entity and that are not located in residential areas; or

3. Outdoor lighting is functioning as security lighting, such as illuminating a pathway or building entry.

E. Recreational and Sports Facility Lighting.

1. Lighting shall be shielded whenever possible with directional and glare control devices when necessary to comply with light trespass requirements.

2. The height of the light fixtures shall be reviewed on a case-by-case basis by the reviewing authority.

3. The illumination for any game or event shall be turned off within one hour after the event.

F. Prohibitions. The following outdoor lighting fixtures are prohibited:

1. Blinking, flashing, moving, revolving, changing intensity, and changing color lights; and

2. Search lights, laser source lights, or any similar high-intensity light, except in emergencies by police and fire personnel or for temporary lighting under an approved special event permit.

G. Exemptions. The following are exempt from these standards:

1. Lighting required by state or federal regulatory agencies.

2. Temporary lighting used for the construction or repair of roadways, utilities, and other infrastructure.

3. Seasonal displays using multiple low wattage bulbs (approximately 15 lumens or less); provided, that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe and attractive condition.

4. Light fixtures installed prior to the effective date of the ordinance codified in this title, unless 50 percent or more of the light fixtures on the premises are replaced.

5. Temporary lighting required by the Concord police department, Contra Costa fire protection district, or other emergency provider.

H. Independent Lighting Study. A lighting study may be required to determine appropriate on-site lighting. Said study shall be performed by an independent consultant at the project applicant’s expense. [Ord. 12-4. DC 2012 § 122-304].

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.

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 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].

A. Purpose. This section establishes performance standards for all new and existing land uses, including temporary uses, to minimize operational impacts and promote compatibility with adjoining areas and uses, unless specifically exempted herein or through a condition of approval.

B. Applicability.

1. Existing Uses. Uses existing on the effective date of the ordinance codified in this title shall not be altered, modified, or operated to conflict with these standards.

2. New Uses Allowed with a Zoning Clearance. New uses allowed with a zoning clearance shall be operated in compliance with these standards. An administrative permit may be required if a new use produces any impacts that need mitigation in order to comply with these standards.

3. New Uses Approved by Planning Permit. All uses subject to planning permit approval shall comply with these standards.

C. General Standard. Land or buildings shall not be used or occupied in any manner that is dangerous, hazardous, or injurious as a result of smoke, dust, odor, air pollution, glare, refuse, wastes, chemicals, or other nuisance.

D. Electrical Disturbance, Electromagnetic Interference, or Radioactivity.

1. All activities, processes, and uses shall not cause electromagnetic interference with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the subject site and shall comply with applicable Federal Communications Commission regulations.

2. All handling, storage, transportation, and use of radioactive materials shall comply with the provisions of the California Code of Regulations, Title 17, and any other applicable laws.

E. Fire and Explosive Hazards. All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall comply with the requirements of the Contra Costa fire protection district.

F. Ground Vibration. All activities, processes, and uses shall not generate ground vibrations that are perceptible without instruments by a reasonable person at the property line of the subject site. Vibrations caused by temporary activities such as construction, demolition, and truck traffic are exempt from this standard but are subject to all conditions of any approved permit.

G. Hazardous and Extremely Hazardous Materials. All activities, use, handling, storage, disposal, and transportation of hazardous and extremely hazardous materials shall comply with all the requirements of the California Hazardous Materials Regulations (California Code of Regulations, Title 22, Division 4), and any other applicable federal, state, and county requirements.

H. Heat and Humidity. All activities, processes, and uses shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity that cause material distress, discomfort, or injury to people residing or working in the immediate area.

I. Hours of Operation. Nonresidential uses with outdoor parking or wall openings (i.e., windows and doors) located within 100 feet of a residential district shall not operate between the hours of 10:00 p.m. and 7:00 a.m. unless authorized by a planning permit.

J. Lighting and Glare. All activities, processes and uses shall be operated in compliance with CDC 18.150.110 (Outdoor lighting).

K. Mechanical or Chemical Processes. All light or glare from mechanical, chemical, or high-temperature processes, such as combustion or welding, shall be shielded or modified to prevent emission of adverse light or glare beyond the property line.

L. Outdoor Display and Storage. When allowed, all outdoor storage and display areas shall comply with the requirements of CDC 18.200.160, Outdoor sales and displays, and CDC 18.150.120, Outdoor storage.

M. Liquid or Solid Wastes.

1. Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged into a public or private body of water, sewage system, or into the ground, except as permitted by the California Regional Water Quality Control Board.

2. Solid Wastes. Solid wastes shall be handled and stored to prevent nuisances, health, safety, and fire hazards and to facilitate recycling. There shall be no accumulation of solid wastes outdoors conducive to the breeding of rodents or insects.

N. Maintenance of Nonresidential Properties. All properties shall be maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare or interferes with the comfortable enjoyment of life or property as a result of neglect or improper maintenance of property improvements. All property owners shall provide ongoing repair, replacement, and maintenance of all exterior improvements including buildings, parking areas, private roads, walkways, landscaping, irrigation, signs, fences, walls, and other improvements.

O. Noise. All noise emanating from the subject site shall comply with the noise standards in the safety and noise element of the general plan. An acoustic study may be required, at the project applicant’s expense, for any use which could create or be subject to noise exposure greater than that deemed normally acceptable by the general plan. The acoustic study shall include recommendations on noise attenuating or mitigating measures to reduce noise impacts to acceptable levels. The following are exempt from this requirement:

1. Emergency Warnings. Warning devices used for alerting persons to the existence of an emergency such as police, fire, and ambulance sirens.

2. Temporary Uses. Special events such as fairs, festivals, civic and community events, seasonal sales lots, and similar events subject to CDC 18.200.200 (Temporary uses and structures).

3. Churches, Schools, and Similar Institutions. Bells, chimes, or similar sounds used by churches, schools, and similar institutions played between the hours of 7:00 a.m. and 7:00 p.m. if not played more than five minutes in any one hour.

4. Municipal Solid Waste Collection. Collection of solid waste and recyclable materials by the city or under contract with the city.

5. Public Projects and Utilities. Public projects and maintenance undertaken by the city, Contra Costa County, the state or a public utility regulated by the California Public Utilities Commission.

6. Construction. Site preparation and construction activities between the hours of 7:30 a.m. to 6:00 p.m. weekdays (except on holidays) or as approved by the city as part of a planning permit.

7. Residential Activities. Home improvement and related activities; provided, that such activities do not constitute a nuisance pursuant to CMC 8.25.020 (Nuisances defined).

P. Odors. All activities, processes, and uses shall not produce obnoxious or objectionable odors or fumes, perceptible without instruments, beyond the property line of the site.

Q. Screening Between Contiguous Properties. Fence or wall screens on property lines shall be provided in compliance with CDC 18.150.180 (Transitional requirements).

R. Determination of Compliance.

1. Measurements necessary for determining compliance with the standards of this section shall be taken at the property line of the subject site.

2. Any measurement or study required to determine compliance with these standards shall be prepared by an independent licensed consultant, approved by the city, at the expense of the applicant or owner. [Ord. 12-4. DC 2012 § 122-306].

A. Purpose. This section provides standards for measuring setbacks and exceptions to required setbacks for structures on residential properties.

B. General Requirements and Exceptions. Structures on residential properties shall comply with the setback requirements of the applicable zoning district established by Division II of this title (Zoning Districts – Uses and Standards) or with the setback requirements under a specific plan, subdivision map, or other entitlement for the subject property, with the following exceptions:

1. Architectural projections as allowed in subsection (D) of this section;

2. Fences or walls in compliance with CDC 18.150.040 (Fences and walls);

3. Decks, freestanding solar devices, pavement, and other site design elements placed directly upon grade which do not exceed a height of 18 inches above finished grade;

4. Accessory structures in compliance with CDC 18.200.030 (Accessory structures);

5. Retaining walls less than 36 inches in height above finished grade;

6. Pools, ponds, and spas less than 18 inches in height above finished grade that meet the requirements of CDC 18.150.160 (Swimming pools, hot tubs, and spas); or

7. Other stand-alone structures that are less than six feet in height.

C. Measurement of Setbacks. Setbacks shall be measured and applied as follows, unless different setback measurement methods are required due to an unusual parcel configuration that makes the following infeasible or ineffective.

1. Corner Lot. The front property line on a corner lot shall be the most narrow lot line abutting a street. If the property lines on both frontages are the same length, the property line to be used for the front setback measurement shall be that to which the city has assigned a street address.

2. Flag Lot. For lots with a fee ownership strip extending from a street or right-of-way to the building area of the lot, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the lot; establishing a setback line parallel to the lot line nearest to the public street or right-of-way.

FIGURE 18.150.140(A) – FLAG LOT SETBACK

3. Front and Street Side Setback. The setback from the front or street side yard shall be measured from the nearest point on the property line abutting the street right-of-way or private road easement to the nearest point of the wall of the structure.

4. Interior Side Setback. The interior side setback shall be measured at right angles from the nearest point on the side property line of the lot to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line and extending between the front and rear setbacks.

5. Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the primary building, establishing a setback line parallel to the rear property line.

a. The planning division shall determine the location of the required rear setback on a double-frontage lot.

b. Where a lot has no rear lot line because the side lot lines converge to a point, a presumed line 10 feet within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear yard setback. (See Figure 18.150.140(B).)

FIGURE 18.150.140(B) – DETERMINING SETBACKs

c. For single-story additions to existing single-family homes in the RS-7, RS-7.5, and RS-8 zoning districts, the rear yard setback may be reduced to 15 feet, when all of the following criteria are met:

i. The side yard setbacks conform to the required setbacks for the subject zoning district;

ii. There is an open usable rear yard with a minimum dimension (length or width) of 20 feet;

iii. There is an open usable rear yard with a minimum area equal to 10 times the minimum lot width required by the applicable zoning district; and

iv. The existing and proposed improvements do not exceed the maximum lot coverage.

d. The required rear yard setback for a single-family residence may be met by averaging the setback on a single site, to achieve the required setback, when:

i. No more than 50 percent of the residence extends closer than the required setback; or

ii. No portion of the residence extends closer than 15 feet to the rear property line.

6. Front Setback Averaging. Lots in areas where existing development has front setbacks less than required by the applicable district may reduce the required front setback as follows:

a. On a site situated between two developed lots, the minimum front yard setback shall be the average depth of the two front yards on either side.

b. Where a site is not situated between lots improved with buildings and where lots comprising 40 percent of the block frontage are improved with buildings, the minimum front yard setbacks shall be the average of the existing front yard depths on the block.

c. In computing average front yard setbacks, a depth of 10 feet shall be used for lots with front yard setbacks that are less than 10 feet. For an interior lot in a residential zoning district that adjoins a lot on the same street frontage, but in a different zoning district, the required front setback on the interior lot may be reduced to not less than the average of the required depth and the width or depth of the setback required on the parcel in the other zoning district.

7. Determination of Setbacks on Irregular-Shaped Lots. The planning division shall determine setbacks for irregular-shaped lots that are not covered by any of the above examples on a case-by-case basis.

D. Projections into Setbacks. Where allowed in the applicable district, an architectural feature that is part of the primary structure may extend beyond the wall of the structure and into a required front, street side, side, or rear setback in compliance with Table 18.150.140. These requirements do not apply to accessory structures subject to Division V of this title (Standards for Specific Uses).

1. May project an additional six inches if the setback is greater than five feet.

E. Uses within Setback Areas.

1. Play Structures, Freestanding Solar Devices. A deck, freestanding solar device, or other site design element that exceeds a height of 18 inches above the finished grade at any point shall comply with the setback requirements for the primary structure, except as provided in CDC 18.200.030, Accessory structures.

2. Mechanical Equipment. Ground-mounted mechanical equipment shall comply with the setback requirements of the applicable district. Examples of this equipment include HVAC units, swimming pool pumps and filters, ventilation, and similar equipment; and cable television distribution boxes, transformers, and other utility equipment that is not installed underground, unless within the public right-of-way and approved by the city.

3. Storage. No front, rear, side, or street side setback shall be used for the accumulation, placement, or storage of automobiles or other motor vehicles, building materials, junk, machinery, or scrap, except for the following:

a. Automobiles and trucks, not in excess of one-ton capacity regularly in use, with current registration, able to move under their own power, and be legally driven on a public street that are parked within a designated driveway; and

b. Building materials stored on site required for construction on the subject parcel immediately before and during a construction project.

4. Parking. Except in single-family residential districts, parking shall not be located within a required front or exterior side setback area.

5. Storage of Trailers, RVs, and Larger Trucks Prohibited. All trailers and recreational vehicles as defined in Chapter 18.20 CDC, Article II (Use Classifications) and/or trucks not customarily used for personal use shall be stored or parked outside of the required front yard setback area, except in compliance with CDC 18.160.160 (Parking and storage of recreational vehicles). [Ord. 13-5; Ord. 12-4. DC 2012 § 122-307].

A. Purpose. This section provides standards in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

B. Applicability. These requirements shall apply to all multifamily and nonresidential development in addition to all applicable requirements of the city’s franchised waste hauler, this development code, and Chapter 8.20 CMC, Solid Waste.

C. General Standards. Solid waste and recycling bins shall be stored within a fully enclosed structure that meets the following requirements.

1. The enclosure design shall be architecturally compatible with the other structures on site;

2. Trash enclosures shall be constructed with a minimum six-foot-high masonry wall or comparable solid material that screens bins from public view;

3. Access gates constructed of solid metal material or view-obscuring perforated metal. Gates shall swing outward more than 90 degrees without encroaching into, or interfering with the use of, adjacent improvements such as landscaping, parking, walkways, and driveways;

4. All trash enclosure areas shall be provided with a solid roof cover, constructed of materials and design compatible with the other structures on site;

5. Screening or other materials shall be provided to enclose any gap between the roof and the wall of the enclosure to prevent access;

6. A minimum six-inch concrete slab foundation shall be located in front of the enclosure and a concrete curb stop set a minimum of six inches shall be located inside of each wall;

7. A rubber or wood bumper located midway on each wall to protect the wall from damage;

8. All enclosures shall be provided with a drainpipe connecting to the sanitary sewer, in accordance with the requirements of the city’s franchised waste hauler; and

9. The enclosure shall be designed to accommodate two containers with at least 50 percent of the area for recycling and, if green waste is generated, additional space shall be provided;

10. Enclosures shall be located:

a. Outside of any required parking, driveway, landscape, utility easement, or setback area, unless there is no feasible alternative;

b. A minimum of five feet from an adjacent parking space;

c. A minimum of 20 feet from the property line of an abutting single-family residential district; and

d. A minimum of 20 feet from the public right-of-way line or access easement;

11. Enclosures shall be maintained by the property owner or manager in a good, usable, clean and sanitary condition.

D. Additional Standards.

1. Enclosures for recycling bins shall comply with the following:

a. Recycling bins shall be located in the same enclosure as solid waste containers wherever possible. If, due to space limitations or other property constraints, the bins must be in separate locations, the recycling and green waste containers shall be located so they are as convenient as the solid waste containers.

b. The property manager or homeowners’ association representative, or other appropriate agent of the owner or owners of each residence at the time a lease or rental agreement is signed, is required to inform all new tenants of the availability of recycling, the location of the recycling collection site(s), and the materials that can be recycled.

2. Enclosures for multifamily residential and mixed-use projects shall comply with the following:

a. In mixed-use projects, residential and nonresidential bins shall be located in separate areas.

b. Enclosures shall be located within a walking distance of 150 feet from the door of any dwelling unit, except for units served by chute(s) located within the required distance that access both solid waste and recycling enclosures.

c. Enclosures shall be located a minimum of 20 feet from any dwelling unit.

d. Tenants and/or employees shall have convenient access (i.e., through a pedestrian opening) to bins without having to open the main enclosure gates.

E. Enclosure Review Procedures.

1. The enclosure shall be submitted to the planning division and the city’s franchised hauler for review and approval of the proposed design, size, location, number, type, and placement of solid waste, recycling and green waste bins, boxes, and containers.

2. The planning division shall assure plans conform to the enclosure design and construction requirements in this section. In addition to these requirements, plans shall conform to design, building code, and other regulatory requirements.

3. The planning division shall approve such plans, require modifications, or impose additional requirements necessary for the safe and efficient collection of solid waste, recycling and green waste materials. [Ord. 12-4. DC 2012 § 122-308].

A. Applicability – Relationship to Other Regulations. The requirements of this section apply to swimming pools, spas, and hot tubs on private property and are in addition to the requirements of the Uniform Swimming Pool, Spa, and Hot Tub Code.

B. Setbacks. Swimming pools, hot tubs, spas and related pool equipment shall be set back a minimum of five feet from side and rear property lines to the water’s edge and shall not be located within a front setback. Pool equipment shall be less than six feet in height.

C. Use. Any swimming pool or spa located on a single-family lot in a residential district is solely for the use and enjoyment of residents of the property and their guests and not to be leased for commercial purposes.

D. Security and Screening. Swimming pools shall be walled or fenced to prevent access from the street or from adjacent properties. All fencing shall comply with the requirements of the Uniform Swimming Pool, Spa, and Hot Tub Code. [Ord. 18-1 § 1 (Exh. B); Ord. 12-4. DC 2012 § 122-309].

A. Purpose. The purpose of this section is to limit the height of structures and landscaping to provide adequate sight distances for pedestrian and vehicle traffic at intersections and driveways.

B. Applicability. This section applies to all structures and landscaping located adjacent to street intersections (public or private street) and driveways.

C. General Requirement and Exception. No fence, wall, structure, sign, or vegetation/landscaping element shall exceed three feet in height within the visibility triangle created by two intersecting streets, or the intersection of a driveway with a property line, except as may be allowed for the following:

1. Existing public utility poles, traffic signs, and signals;

2. Trees with their canopy trimmed to a minimum of eight feet above grade;

3. Corners where the contour of the land itself prevents visibility; and

4. Development in DMX and DP districts and at intersections where pedestrian and vehicle safety is enhanced by traffic signals, stop signs, crosswalks, slower traffic speed, and other mitigating factors as approved by the city engineer.

D. Visibility Triangle Measurement. The visibility triangle shall be measured as follows:

1. Corner Lots/Street Intersections. The corner visibility triangle shall be measured along the property frontage at the curb line (or edge of pavement lines) for a distance of 40 feet along both lines from their intersection. The visibility triangle is the area between the street and the line formed by connecting the outer points of each line.

2. Driveways. The driveway visibility triangle for each side of the driveway shall be determined by measuring 15 feet along the front property line, away from the driveway, beginning at the intersection of the driveway with the front property line, and measuring 15 feet along the driveway beginning at the intersection of the driveway with the front property line. The triangular area formed by connecting the outer points of each line across the intervening property is the visibility triangle.

FIGURE 18.150.170 – VISIBILITY TRIANGLE AT STREET INTERSECTIONS AND DRIVEWAYs

[Ord. 17-5 § 2 (Exh. C); Ord. 12-4. DC 2012 § 122-310].

A. Purpose. This section provides standards for additional setbacks, screening, and landscaping to provide an appropriate transition between abutting properties.

B. Applicability. All projects requiring a planning permit shall comply with these transitional requirements, except for planning permits related to a single-family residence, such as a variance or minor exception, provided the subject property is not part of a multi-lot subdivision approved with transitional requirements.

C. Setbacks. The following setbacks shall apply to all nonresidential, mixed-use, and multifamily residential buildings abutting a residential district.

1. Buildings 30 feet or less in height shall have interior side and rear setbacks equal to the side and rear setbacks required in the abutting residential district.

2. Buildings exceeding 30 feet in height shall have a minimum setback of 20 feet, plus one additional foot of setback for every foot of building height over 30 feet, up to a maximum setback of 40 feet. Portions of the building above 30 feet may be staggered to comply with the additional setbacks, as shown in the following figure.

FIGURE 18.150.180 – TRANSITIONAL HEIGHT AND SETBACK

*Unless otherwise approved by the review authority.

D. Fencing and Walls. Proposed developments shall provide a solid masonry wall or wood fence in accordance with the following table and standards.

1. All walls and fencing shall comply with CDC 18.150.040 (Fences and walls).

2. Walls shall be architecturally treated on both sides, as approved by the planning division.

3. Landscaping adjacent to masonry walls shall comply with Chapter 18.165 CDC (Landscaping).

4. This requirement may be waived, or an alternate method of compliance approved, if the review authority determines any of the following:

a. The relationship of the proposed uses makes screening unnecessary;

b. The intent of this subsection can be better met by alternative screening methods, including site planning, building orientation, additional setbacks, and landscaping;

c. Physical characteristics and/or constraints on the site make the required screening infeasible or impractical.

5. The wall or fence requirement under Table 18.150.180 may be increased in height or upgraded to an alternative wall or fence type, if the review authority determines any of the following:

a. The alternative wall or fence is necessary due to noise, light trespass, privacy, security, maintenance, or other concerns particular to the use or surrounding area; and

b. The alternative wall or fence is necessary due to the physical characteristics of the site or surrounding properties, such as topography and existing improvements.

E. Landscaping. A landscape buffer shall be provided between active uses (e.g., parking and loading areas) and the abutting residential district in accordance with CDC 18.165.060, Parking lot landscaping. [Ord. 12-4. DC 2012 § 122-311].

This chapter is intended to establish and apply objective design standards to all new residential and mixed-use development projects within the city of Concord where state law limits the city’s enforcement of design standards to objective standards or where state law or the Concord Municipal Code requires a ministerial approval process, with the exception of those projects described in CDC 18.152.040. The purpose of this chapter is to:

A. Create high-quality, enforceable objective design standards.

B. Streamline the review and approval process for qualifying residential and mixed-use projects.

C. Ensure greater certainty for applicants, decision makers, residents, and the public.

D. Enhance the existing character and to maintain compatibility with other established uses within the city as new development and property improvements occur.

E. Continue to ensure the highest level of design quality while allowing for appropriate flexibility to create variation.

F. Create objective design standards that involve no personal or subjective judgment, verifiable by reference to an external and uniform benchmark or criterion.

G. Facilitate the implementation of the general plan.

H. Update standards on a timely basis to respond to new legislative actions. [Ord. 23-6 § 9 (Exh. A)].

A. The provisions of this chapter shall apply to all new residential and mixed-use development projects where state law limits the city’s enforcement of design standards to objective standards or where state law or the city code requires a ministerial approval process.

B. The 2023 City of Concord Objective Design Standards are hereby adopted and incorporated by reference herein. [Ord. 23-6 § 9 (Exh. A)].

The city intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for housing development within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the city’s local values, which include, without limitation, the aesthetic character of the city, its neighborhoods and community.

The provisions of this chapter are intended to supersede other chapters and design guidelines, except where noted below.

A. Standards for Applicable Zoning District. The 2023 Objective Design Standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located.

B. Subdivision Regulations. CMC Title 17 establishes regulations for the subdivision of land. Where conflict exists between the 2023 Objective Design Standards and the provisions of CMC Title 17, the provisions of CMC Title 17 shall govern.

C. Relation to Other Regulations. Where a conflict occurs between the requirements of the 2023 Objective Design Standards and other city requirements, the more restrictive provisions shall apply.

D. The 2023 Objective Design Standards provide language, diagrams, sketches, and graphics to assist developers and the public in understanding the standards and how they shall be applied to qualifying residential projects. [Ord. 23-6 § 9 (Exh. A)].

A. Projects seeking to deviate or to not comply with the objective design standards are required to comply with Chapter 18.415 CDC, Design and Site Review.

B. Exempt Housing Projects. The provisions of this chapter are not applicable to:

1. Small lot subdivisions pursuant to Chapter 18.155 CDC.

2. Single-family detached homes as part of a major subdivision.

3. Accessory dwelling units as defined in CDC 18.200.180.

4. Renovations, additions, or expansions of existing residential buildings.

5. Mixed-use projects with less than two-thirds of the building square footage dedicated to housing.

6. Housing developed within the Concord Naval Weapons Station, which will have its own set of objective design standards developed as a part of the Concord Reuse Project Specific Plan. [Ord. 23-6 § 9 (Exh. A)].

A. The planning division shall be the review authority for projects subject to the objective design standards.

B. The developer shall submit all materials required by the planning division, including any materials required by checklists created pursuant to Chapter 18.405 CDC.

C. The review authority shall evaluate the application based on the project’s conformance with the objective development and design standards.

D. In approving a project subject to objective design standards, the planning division may impose conditions of approval as deemed necessary to:

1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council;

2. Ensure that the proposal meets the requirements of the zoning district where the proposal is located, as well as any other applicable provisions of the Development Code; and

3. Comply with the objective design standards as adopted within this chapter.

E. Residential projects utilizing objective design standards are evaluated under a ministerial review process for conformance with this section. The review authority may restrict or deny a proposed residential design if it determines that the design is not consistent with the objective design standards. In this case, the project shall proceed through the design and site review process, consistent with Chapter 18.415 CDC. [Ord. 23-6 § 9 (Exh. A)].

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for an objective design standards review. To the extent any state law limits the total number of public hearings that may be held on a project, including appeals, the zoning administrator shall have the discretion, in addition to that already provided for within CDC 18.510.010, to refer the appeal directly to the council for a decision. [Ord. 23-6 § 9 (Exh. A)].

The purpose of this chapter is to provide development standards for single-family detached and attached housing units on small lots (less than 6,000 square feet). The intent of these standards is to:

A. Ensure that small lot development blends with the surrounding community, is sensitive to its context, and incorporates appropriate amenities and high quality design.

B. Recognize small lot and medium density development as a more efficient form of land use than lower density development, a means of reducing the environmental impacts of housing development, and a way to create more walkable neighborhoods.

C. Guide new development while accommodating creativity, innovation, and flexibility in housing design.

D. Reduce the need for lengthy and cumbersome permitting procedures for small lot development.

E. Implement Concord housing element policies which encourage greater housing diversity and affordability in Concord. [Ord. 12-4. DC 2012 § 122-331].

A. The provisions of this chapter are intended for use in the RS, RL, RM, CMX, and CO zoning districts. They are principally intended for single-family homes, townhomes, patio homes, courtyard homes, duets, and similar single-family detached and attached housing types. The provisions are generally not applicable in the RH, DP, and DMX districts since these districts are subject to a minimum density requirement of 33 units per net acre, which typically corresponds to multifamily or vertical mixed-use product types. These standards generally do not apply to apartments, condominiums, vertical mixed-use development and other projects in which multiple units are contained in a single building.

B. Standards at CDC 18.155.040 and 18.155.050 apply to all single-family attached and detached residential development on lots smaller than 6,000 square feet. Standards in CDC 18.155.060 apply specifically to small lot subdivisions. Standards in CDC 18.155.070 apply specifically to townhomes. Standards in CDC 18.155.080 apply specifically to courtyard development.

C. Modifications to homes in small lot developments already existing on the effective date of the ordinance codified in this title shall be exempt from these standards. Such modifications shall be subject to the provisions of Division VIII of this title for previously created nonconforming planned districts (PDs).

D. At the discretion of the review authority, alternate standards to those contained in this chapter may be considered if such standards would:

1. Result in a project which is more compatible with the surrounding neighborhood;

2. Provide for improved privacy and less visual intrusion for adjoining properties;

3. Enable superior architectural design, landscape features, and amenities on the site;

4. Improve the quality and usability of open space, or enable greater protection of natural features such as trees, hillsides, or creeks;

5. Lead to a better designed project and improved orientation of structures, given the unique size, shape and dimensions of the parcel being subdivided; and

6. Meet the findings required for issuance of a planned development use permit, where applicable. [Ord. 12-5; Ord. 12-4. DC 2012 § 122-332].

Small lot, single-family detached and attached subdivisions shall first obtain a planned development use permit (PDUP), pursuant to Chapter 18.440 CDC (Planned Development Use Permit). All PDUP applications shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration). [Ord. 12-4. DC 2012 § 122-333].

A. Minimum lot sizes and dimensions for small lots are shown in Table 18.155.040(A).

Notes:

(1)    Small lot subdivisions in RL and RS areas are subject to a maximum density of 10 units per net acre. Thus, the minimum lot size of 1,920 square feet can only be achieved if the average lot size is 4,356 square feet or higher, or if substantial areas within the subdivision are set aside as common open space such that the maximum density is not exceeded.

(2)    Lot depth for detached homes may be reduced to 60 feet for lots less than 3,000 square feet where at least 15 percent of the net developable site area is retained as a single, contiguous common open space.

B. In addition to the standards set by Table 18.155.040(A), lot dimensions, coverage limits, and setback standards shall vary based on lot size. Table 18.155.040(B) indicates additional dimensional standards and setback requirements for lots smaller than 6,000 square feet.

Notes:

(1)    Standards are for individual lots and not for the subdivision as a whole.

(2)    Can be reduced to 60 feet if at least 15 percent of the net developable area on the site is set aside as a single, contiguous common open space.

(3)    These lot coverage limits apply to individual, subdivided parcels. Development in the RL and RS zoning districts is also subject to an aggregate lot coverage limit for the entire subdivision. See CDC 18.155.050(A).

(4)    Additional requirements apply for street-facing garages. See CDC 18.155.060(H)(8).

(5)    Additional requirements may apply where the yard abuts an RS or RL zone. See CDC 18.155.050(B). Additionally, side yard setbacks for detached housing units without alleys shall be sufficient width on one side of the house to accommodate side yard trash enclosures and allow for easy maneuvering of waste receptacles in and out of such enclosures.

(6)    A reduced setback (as low as zero) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least six feet and one setback is at least four feet.

(7)    A reduced setback (as low as zero) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least eight feet.

(8)    A reduced setback (as low as zero) is acceptable on one side yard; provided, that the sum of both side yard setbacks is at least 10 feet.

N/A = No applicable standard.

[Ord. 12-4. DC 2012 § 122-334].

A. Aggregate Lot Coverage. For projects in the RS and RL zones, the sum total coverage of all proposed buildings and structures shall not exceed 40 percent of the gross land area of the subdivision.

B. Transitional Standards. When a small lot subdivision, courtyard subdivision, townhome development, or similar medium density development is located in an RS district, or adjacent to an RS or RR district, the following transitional standards shall apply. These standards shall supersede those in CDC 18.150.180 (Transitional requirements) in the event of a conflict:

1. The building setback from the adjacent RS or RR district properties shall be eight feet for interior side yards.

2. The building setback from the adjacent RS or RR district properties shall be 20 feet for rear yards for lots 3,000 to 5,999 square feet, and 15 feet for rear yards for lots 1,440 to 2,999 square feet.

3. The building height at the above-mentioned setback lines may not exceed 30 feet. On lots where heights greater than 30 feet are allowed (see Table 18.155.040(B)), the height may increase at a rate of one foot of vertical rise for every one foot of linear distance away from the setback line, to the maximum indicated in Table 18.155.040(B).

4. A landscaped planter strip of at least five feet in width shall be provided along the abutting property line between a small lot subdivision or townhome development and any adjoining RS and RR zoning district boundaries. Trees shall be planted within this area to provide screening between the small lot subdivision and the adjacent lower density uses.

C. Open space. The following open space provisions are intended to supplement those in CDC 18.150.100 (Open space and recreational facilities for residential development) and apply specifically to small lot, courtyard, and townhome developments, and other new developments with similar housing types. The standards recognize that small lot subdivisions may have greater common open space needs than conventional single-family development due to their smaller yard areas. In the event of a conflict between the standards in Chapter 18.150 CDC and the standards below, the standards below shall apply.

1. Private Open Space. Each lot must include a private open space area, such as a private yard, porch, balcony, roof garden, or patio. Private open space must be contiguous to the unit it serves and accessible and visible from the living area of the unit. Other standards for private open space listed in CDC 18.150.100(F) (Private Open Space) shall also apply.

2. Common Open Space. Developments which have either: (a) average lot size of smaller than 4,356 square feet (e.g., density of more than 10 units per net acre) or (b) 15 units or more, are required to provide common open space for the enjoyment of the development’s residents. Table 18.155.050 indicates the open space requirements, which vary based on lot size. Such common open space shall be visible from internal or external streets and shall be designed for informal surveillance from private residences to enhance neighborhood security. Common open space shall have a minimum usable width of 15 feet and a minimum area of 500 square feet, a slope of no more than 10 percent, accessibility to all units, and be open to the sky. It may contain amenities which enhance usability, such as swimming pools, play equipment, benches and tables, and barbecues. Parking, loading, and service areas may not be counted as open space.

(*)    These requirements supersede the 200 square foot/unit standard established by Chapter 18.150 CDC.

Notes:

(1)    For projects with fewer than 10 lots, wider planting strips may be substituted for common open space areas.

(2)    All subdivisions are also subject to the park land dedication requirements in Chapter 19.20 CMC. Partial credit for common open space may be provided, pursuant to the allowances set by that chapter.

3. Relationship Between Common Open Space Requirements and Park Land Dedication Requirements. Common open space provided within a small lot subdivision or townhome development may be counted toward the park land dedication (or in-lieu fee) requirements established by Chapters 19.15 and 19.20 CMC. The credit for common open space shall not exceed 25 percent of the park land dedication requirement and shall comply with the provisions of CMC 19.15.080 (Credit for private park land).

4. Consistency with Stormwater Provisions. The location and design of open space shall be consistent with all provisions of this code for stormwater management.

5. Exceptions. A reduction in required common open space may be considered if the project site is within 500 feet of a public park of at least one acre in size, and a sidewalk or trail connection to that park is provided. The review authority may make additional modifications to the open space and recreational facility requirements based on a finding that the site is physically constrained or that the quality of life accommodated by the project will not be compromised, or that the residents will benefit from other amenities that are located in close proximity to the project site.

D. Fences and Walls. The design of walls and fences in a small lot or medium density development shall be consistent with the overall design of the development, with materials and colors that are compatible with the development and with adjacent properties, as follows:

1. Fences and walls visible from streets shall be architecturally compatible with buildings in order to create a coherent streetscape.

2. Fences and walls shall contribute to the integration of the subdivision with surrounding properties, and shall not create the impression that the subdivision is “walled off” from the nearby neighborhood.

3. Fences and walls shall incorporate varied designs, including a cap and complementary decorative materials.

4. Fences and walls shall include openings for pedestrian and bicycle access and should encourage connectivity to surrounding streets and neighborhoods.

5. A planter strip at least five feet wide shall be provided on the street-facing side of all walls fronting public or private roads.

6. The visual impact of long, continuous walls shall be softened by landscaped berms, variations in design, and other features such as columns.

E. Landscaping. Landscaping in small lot single-family and medium density developments shall be designed to diminish the impact of the denser development and provide a softer appearance as follows:

1. No more than 50 percent of any required front or street-facing side yard may be covered with a paved or impervious surface.

2. A sufficient number and type of trees shall be provided to shade the sidewalks. Planting should be done at the time public improvements are constructed rather than with the development of each lot.

3. Planter strips in between sidewalks and the curb are permitted but not required. Where planter strips are provided, they shall be consistent with any applicable stormwater quality programs and standards.

4. Landscaping shall incorporate a variety of planting palettes and should reinforce and complement other design elements of homes using features such as trellises, hedges, or low fences and walls.

5. Entry areas shall be designed with additional landscape setbacks, street trees, and accent trees.

F. Neighborhood Compatibility. Homes should enhance the appearance of the surrounding neighborhood and be well integrated with existing homes nearby. Separation caused by high, solid walls and blank building faces shall be avoided. Abrupt transitions in height, mass, and prevailing setback patterns are strongly discouraged.

G. Orientation. All units located along public streets must have the primary entrance facing the street right-of-way. Exceptions to this requirement may be approved for projects which are located on four-lane streets carrying high traffic volumes, and streets that do not allow on-street parking. In such cases, the project may be oriented around private streets or courtyards.

H. Roof-Mounted Equipment. Any roof-mounted mechanical equipment shall be incorporated into the roof design in such a way that it becomes an integral part of the architecture or is concealed from view. [Ord. 12-4. DC 2012 § 122-335].

A. Applicability. The standards in this section apply to small lot single-family subdivisions. They are not applicable to townhome developments and other development where the predominant unit type is attached housing.

B. Unit Types. Units in small lot subdivisions may include single-family detached homes and “duets” which share a common wall on one side. Accessory dwelling units are permitted in small lot subdivisions, consistent with the provisions of CDC 18.200.180 (Accessory dwelling units).

C. Lot Patterns. Lot patterns shall be varied to avoid monotonous streetscapes and should include:

1. A variety of lot widths, depths, shapes, and sizes, such that there is a perceptible difference between lot sizes on a block. Lots should be designed to accommodate a variety of home styles, setbacks, and garage placements.

2. Larger lots on corners.

3. Smaller lots surrounding common open space areas.

4. Blocks no longer than 600 linear feet.

D. Floor Plans and Front Elevations. The excessive repetition of identical floor plans and elevations should be avoided. In subdivisions with fewer than 20 lots, at least three unique front elevations and floor plans shall be provided. In subdivisions with 20 lots or greater, at least four unique front elevations and floor plans shall be provided. Location of identical models on adjacent lots, including “back to back” lots, shall be avoided.

E. Four-Sided Design. Facades facing the side and rear yard should include details which are compatible with those on the front facade, with similar types and treatments of roofs, windows, shutters, planter boxes, and other architectural elements.

F. Front Setbacks. Front yard setbacks should be varied (see Figure 18.155.060(A)). Generally, at least 50 percent of the homes should have front yard setbacks which are greater than the minimum required (excluding porches and nonhabitable space). This component may be implemented by recording “build to” lines on the final subdivision map.

Figure 18.155.060(A)

Variable Front Yard Setbacks

Figure 18.155.060(B)

Roof Massing

G. Rear Setbacks. A variety of rear setbacks should be provided in order to avoid the appearance of long, monotonous walls from adjacent properties along the rear lot lines.

H. Building Size and Design. A variety of unit types and sizes, sited to provide compatibility with nearby neighborhoods, shall be provided. Buildings shall incorporate the following design features:

1. A variety of roof forms and pitches (see Figure 18.155.060(B)). Rooflines along the longer axis of the building should be broken with varied pitches at the skyline level. Features such as turrets, dormers, and other variations which add architectural interest and distinction are encouraged.

2. A variety of building heights, potentially including single story, two-story, three-story, split level units, and units with partial second floors. For projects in the RS zone, no more than 25 percent of the units may be three stories tall. Units abutting lower density development on the perimeter of the subdivision shall generally be lower in height, or split level in design to enhance compatibility.

3. Recessed Upper Stories. As appropriate, the second and third stories should be recessed relative to the first story to reduce the appearance of building mass, avoid tall sheer walls, and preserve the privacy of adjacent properties.

4. Unifying Street-Facing Architectural Features on Multiple Residences. This is intended to create visual continuity and a sense of community identity.

5. Primary entrances to homes shall be in a prominent and visible location facing the street. Primary entrances shall not face the side yard setback or a deep recess of the building.

6. Usable Porches, Wherever Feasible. Porches shall have a minimum depth of five feet and a minimum width of eight feet, preferably extending a minimum of 50 percent of the width of the front facade, excluding the garage. Porches shall also incorporate different architectural features, such as railings, short walls, trellises, and varied roof elements to provide architectural detail, character, and visual interest.

7. Variable locations of garage entries, such as front-facing attached garages, detached garages, and garages which are side-facing or accessed via a rear alley.

8. Recessed Garages. Garage faces shall be recessed a minimum of five feet from the primary facade of the residence (where they face the street and not a rear alley), in order to minimize the impact of the garage on the streetscape. On no residential unit shall the garage comprise more than 50 percent of the front building facade (see Figure 18.155.060(C)). Driveways should facilitate tandem parking where feasible.

9. Provisions to Maximize Privacy. Dwellings should be arranged to maximize privacy for each residence and for adjacent properties, including the privacy of existing homes outside the development.

Figure 18.155.060(C):

Standards for Street-Facing Attached Garages in Small Lot Subdivisions

I. Driveways. Driveways shall be designed to reduce the amount of pavement within the subdivision to the greatest extent possible, as follows:

1. Maximum driveway width shall be 20 feet.

2. Shared driveways, such that there is a single curb cut providing access to two houses, should be encouraged in order to reduce the number of curb cuts along a street.

3. Driveways (and related curb cuts) shall be sited to maximize opportunities for on-street parking.

4. Side driveways to rear garages are encouraged to create opportunities for off-street tandem parking in the side yard.

J. Parking. Parking requirements shall conform to the standards set in Chapter 18.160 CDC (Parking, Loading, and Access), except as otherwise indicated below.

1. Two covered parking spaces shall be required for each housing unit.

2. Two additional parking spaces for each unit shall be available for the use of residents and guests. These spaces may include a combination of driveway parking (including tandem parking), alley parking, on-street parking in front of the residence, and designated guest parking areas.

3. Storage of recreational vehicles, boats, and similar vehicles shall be in conformance with Chapter 18.160 CDC (Parking, Loading, and Access).

K. Screening. Mechanical equipment and trash enclosures shall be screened as follows:

1. Screening of air conditioners, heaters, utility equipment, meters, and similar equipment shall comply with Chapter 18.150 CDC (General Development Standards).

2. Fencing, landscaping, or view-obscuring structures shall be provided to screen trash cans or other refuse containers from view from public rights-of-way while still providing easy access to trash receptacles (see Figure 18.155.060(D)).

3. A gate wide enough to allow for passage of city standard trash and recycling receptacles shall be provided.

4. Trash/recycling container storage areas shall have a smooth solid surface such as concrete or pavers.

5. The location of trash and recycling container storage areas shall be shown on plans submitted for planning and building permits.

Figure 18.155.060(D)

Standards for Trash Storage and Screening in Small Lot Subdivisions

L. Street Design. Streets shall incorporate pedestrian-friendly design features that integrate public and private spaces and promote connectivity to nearby neighborhoods, schools, parks, shopping, transit routes, and other destinations. The design of private streets shall conform to all applicable city standards, as established elsewhere in the development code, subdivision regulations, or Concord Municipal Code.

1. Streets shall provide multiple ingress and egress points within and into subdivisions wherever feasible; cul-de-sac and dead-end streets shall be discouraged.

2. Streets shall be designed to achieve connectivity to adjacent uses wherever feasible.

3. Design measures which slow traffic and encourage walking and bicycling should be incorporated. Typical features could include curb bulbs, street trees, raised crosswalks, and roundabouts.

4. Decorative or accent paving should be used at neighborhood entries, crosswalks, and major pedestrian areas within the development.

5. Rolled curbs are prohibited.

6. Street lights shall be designed and scaled at a pedestrian scale. Tall “cobra head” type street lights shall be prohibited. Other exterior lighting should be consistent with the standards for outdoor lighting provided in CDC 18.150.110 (Outdoor lighting).

7. Bike lanes and pedestrian walkways shall be incorporated wherever feasible, connecting to existing bicycle and pedestrian facilities on the perimeter of the development. The design and dimensions of bike lanes and pedestrian walkways shall conform to all applicable provisions of the Concord Municipal Code.

8. Sidewalks shall be provided on any street, driveway, or courtyard which serves six or more units. Sidewalks which are located on one side of the street only are acceptable on streets within developments of fewer than 25 homes, provided they are at least four feet in width.

M. Alley Design. Rear lot alleys are strongly encouraged for service vehicles and access to garages. Where they are used, alleys shall be designed as follows:

1. Alleys shall be configured to provide good visibility, enabling activities in the alley to be easily observed from adjoining properties.

2. Alleys shall incorporate special paving treatment, accenting entries and walkways.

3. Alleys shall incorporate landscaping, including planters for trees.

4. Building or pedestal lighting shall be provided on each lot as feasible, in order to illuminate the alley.

5. If dead-end alleys are necessary, they shall be no more than 100 feet in length and shall be at least 24 feet wide, or meet other design standards as determined by the fire district.

N. Homeowners’ Association. A homeowners’ association (HOA) shall be required to provide ongoing maintenance for private streets and utilities, alleys, private open space and recreational facilities, stormwater drainage facilities, common landscaping, lighting, and other common areas, utilities, and facilities. [Ord. 17-2 § 2 (Exh. N); amended during 2014 recodification; Ord. 12-4. DC 2012 § 122-336].

A. Applicability. This section applies specifically to townhome developments. For the purposes of this section, a townhome shall be defined as a series of three or more adjacent one-family dwelling units, each on an independent parcel, which are connected by common walls along the side property lines. In some cases, a three-story townhome may include an independent unit on the ground floor or basement level, or on the upper floor. Townhomes include row houses, but do not include duplexes or duets. Interior unit townhomes typically have zero side yard setbacks on both sides, while end unit townhomes have a zero side yard setback on one side.

B. Facade Articulation. All street-facing facades shall have at least one horizontal or vertical projection or recess at least four feet in depth, or two projections at least two and one-half feet in depth, for every 25 horizontal feet of wall. The articulated elements must be greater than one story in height and may be grouped rather than evenly spaced in 25-foot modules. Front porches, stoops, fireplaces, overhangs, trellises, and similar projections into the front yard may count toward this requirement.

C. Variable Roof Forms. Variable roof forms shall be incorporated into the building design, and no more than two side by side units may be covered by one unarticulated roof. Articulations may be accomplished by changing roof height, offsets, and direction of slope, and by introducing elements such as dormers, towers, and parapets. Alternative design approaches may be approved, provided they achieve the goal of breaking down large building masses into smaller units.

D. Garage Location. Designs in which the garage is located to the rear of the townhome and accessed via an alley or shared driveway are preferred to designs with garages facing a public or private street.

E. Facade Detailing and Materials. All visible building facades shall incorporate details, such as window trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way, courtyard, or common open space shall be designed with a complementary level of detailing and quality of materials.

F. Projections and Recesses. Facades should incorporate balconies, bay windows, porches, and similar projections and recesses in a pattern that creates architectural interest across the length of the facade of a row of townhomes. Roofed projections or recesses should be provided for all building entrances.

G. End Units. The side-facing facades at the end of a row of townhouses (or rowhouses) should be consistent in design quality, materials, and massing with the street-facing building facades. End unit facades should be designed to create a strong relationship with the street, with elements such as wrap around porches and bay windows facing the street or side yard area.

H. Entry Elevation. The ground floor elevation of a townhome shall be no more than 30 inches above the finished grade immediately adjacent to the entry.

I. Walkways. Walkways shall be provided to link the townhomes to recreational and other internal facilities as well as the other residential units and nearby public streets. Paseos, or pedestrian walks through common open space areas, are strongly encouraged. [Ord. 12-4. DC 2012 § 122-337].

A. Applicability. This section shall specifically apply to courtyard home development. For the purposes of this section, courtyard homes are defined as individual homes on small lots arranged around a common driveway. Courtyard homes are intended to lessen the impact of curb cuts and garages on the streetscape and enable homes to be oriented to a public street or open space rather than a driveway and street-facing garage. These design criteria shall be considered in addition to the previous small lot design standards and shall supersede those in CDC 18.155.050 and 18.155.060 where there is any apparent conflict.

B. Units Per Courtyard. No more than six units shall be accessed from a single courtyard.

C. Orientation. Homes adjacent to the street to which the courtyard connects shall face that street (rather than the courtyard) whenever feasible.

D. Courtyard Design and Pavement. The portion of the courtyard used for vehicle circulation shall be finished with decorative pavement and shall be at least 16 feet wide, with a minimum width of 20 feet at its entrance to the adjacent street. Courtyards shall not exceed 100 feet in length.

E. Vistas. Terminating vistas of the courtyard from nearby streets shall not be dominated by garages.

F. Garage Aprons. Paved areas in front of garage doors shall have a minimum backout dimension of 24 feet. To avoid obstruction of the courtyard, garage aprons shall be either less than six feet deep or more than 18 feet deep. Aprons shall be limited to the rear units on a courtyard so that the parking aprons are not visible from the adjacent public or private streets.

G. Recessing of Garages. Garages shall be recessed behind the main dwelling unit by at least two feet.

H. Architectural Unity. All units on a court shall share a common architectural theme, although variations in building types and elevations on end units are encouraged.

I. Windows. Windows shall be sited and designed to maximize privacy and should be set back from the property line to the maximum extent feasible. Second floor windows overlooking private open space areas of adjacent units shall be avoided wherever feasible. [Ord. 12-4. DC 2012 § 122-338].

The purpose of this chapter is to:

A. Establish vehicle parking and loading standards consistent with general plan policies;

B. Ensure that adequate off-street parking and loading facilities and access are provided for new development and uses and for alterations and expansion of existing uses;

C. Limit the area of land and impervious paving dedicated to parking by reducing the number of required spaces near major transit stations for uses with lower parking demands and for shared parking facilities serving uses with different peak demand times;

D. Encourage the use of bicycles by providing safe and convenient places to park and store bicycles;

E. Ensure that parking and loading facilities, and access to both, are designed with adequate landscaping and screening in order to improve and soften their appearance, provide shade, and buffer surrounding land uses from potential impacts; and

F. Provide safe and orderly access, circulation, loading, unloading, and parking within parking areas, and minimize conflicts between pedestrian and vehicular circulation. [Ord. 17-11 § 3 (Exh. 13); Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-382].

Each use and structure, including a change or expansion of the use or structure, shall provide parking and loading areas in compliance with this chapter. A use shall not be commenced or a structure occupied, until the improvements required by this chapter are completed and approved by the planning division. [Ord. 17-11 § 3 (Exh. 13); Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-383].

A. Additional Parking Required.

1. Major Alteration or Expansion. The number of parking spaces or loading spaces required for an alteration or expansion of an existing use or structure, or for a change of use, shall be in addition to the number of existing spaces required prior to the alteration, enlargement, or change of use. For the purposes of these requirements, “major alteration or expansion” shall mean a change of use or an addition that would increase the required number of parking spaces by 10 percent or more of the total number required before the alteration or expansion. Additional parking shall be required only for the addition, enlargement, or change in use.

2. Additional Dwelling Units. When an addition or alteration to an existing building increases the number of dwelling units on the site, additional parking for the new units shall be provided as required by this chapter.

3. Single-Family Additions. When an addition or alteration to a single-family dwelling increases the number of bedrooms, additional parking shall be provided as required by this chapter.

B. Parking Spaces to Be Permanent. Parking and loading spaces shall be permanently available, marked, and maintained for parking or loading purposes for the use they are intended to serve. A temporary reduction of parking spaces may be approved by the planning division for a temporary, seasonal, or intermittent use.

C. Parking and Loading Areas to Be Unrestricted. Owners, lessees, tenants, or persons having control of the operation of premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit, or restrict authorized persons from using the spaces without prior approval from the planning division.

D. Restriction of Use of Parking Areas. Required off-street parking areas shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment or for any other use, unless specifically authorized by another provision of the development code. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-384].

Each use shall provide the minimum number of off-street parking spaces required by this section and shown in Table 18.160.040, except where adjusted in compliance with CDC 18.160.050 (Adjustments to parking requirements). See CDC 18.160.150 for off-street loading area requirements, CDC 18.160.120 for bicycle parking requirements, CDC 18.160.130 for motorcycle parking requirements, and CDC 18.160.160 for recreational vehicle parking requirements.

A. Parking Requirements by Land Use. Each land use shall be provided the number of parking spaces required by Table 18.160.040, except where a greater number of spaces or lesser number are required through conditions of approval or other provisions of this chapter.

B. Calculation of Required Spaces. The number of required parking spaces shall be calculated as follows:

1. Fractions. If the application of these requirements results in a fractional number, one parking or loading space shall be required for a fraction of one-half or more than one-half, and no additional space shall be required for a fraction that is less than one-half.

2. Floor Area. Where an off-street parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area shall be construed to mean the gross floor area, unless otherwise stated, and shall include all locations of shared halls, lobby areas, restrooms, elevators, or stairs.

3. Employees. Where an off-street parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

4. Bedrooms. Where an off-street parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standard of the Uniform Building Code as a bedroom shall be counted as a bedroom.

5. Students or Clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students or clients at full capacity.

6. Bleacher Seating. Where parking requirements are stated as a ratio of parking spaces to seats, each 24 inches of bench-type seating at maximum seating capacity is counted as one seat.

7. Accessory Uses. A single use with accessory uses shall provide parking for the primary use and each component. For example, a hotel with a meeting room shall provide the parking spaces required by Table 18.160.040 for a hotel (e.g., the guest rooms) and for a meeting room, unless it can be demonstrated that the uses will not occur simultaneously.

C. Multi-Tenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use, except:

1. When the site was developed comprehensively as a shopping center, the parking ratio shall be that required for the shopping center as a whole, regardless of individual uses listed in Table 18.160.040; or

2. The site qualifies for shared parking in compliance with CDC 18.160.050 (Adjustments to parking requirements).

D. Excessive Parking. The parking standards established in this chapter are both minimum and maximum standards. Parking spaces in excess of these standards may be approved by the following:

1. A minor exception may be granted for parking increases up to 10 percent above the parking requirement.

2. A use permit may be granted to increase parking by more than 10 percent of the parking requirement, subject to the following findings:

a. The project meets the relevant criteria in CDC 18.415.080 (Design criteria);

b. The project meets all applicable standards of CDC 18.165.060 (Parking lot landscaping);

c. The project complies with the applicable parking and design standards contained in this chapter; and

d. The project is consistent with the City of Concord Bicycle, Pedestrian and Safe Routes to Transit Plan.

3. Required parking may be exceeded to provide parking spaces equipped with charging or fueling stations for electric or alternative fuel vehicles.

E. Uses Not Listed and Uses with Parking “To Be Determined.” Land uses not specifically listed in Table 18.160.040 and uses where the parking requirements are listed “To be determined” shall provide parking as required by the planning division. The planning division shall use the requirements of Table 18.160.040 as a guide to determine the number of parking spaces to be provided based on similar comparable uses or particular characteristics of the use. In order to make this determination, the planning division may require the applicant to submit a parking study to assess the project’s parking demand and compare similar facilities.

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

1. Residential Uses.

a. No additional parking spaces shall be required, provided the change does not increase the floor area, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used to meet the parking or access requirements;

b. The review authority may waive the covered parking requirements when a nonconforming structure is proposed for rehabilitation if the review authority determines, through a minor use permit or use permit approval (see CDC 18.435.030 (Review authority)), that the existing structure location, lot size, or topography renders the requirement infeasible.

2. Nonresidential Uses.

a. When an existing nonresidential use is changed or results in an intensification of the use such that additional parking is required, the minimum amount of additional parking to be provided shall be the difference between the parking requirement for the new or intensified use and the parking requirement of the existing use.

b. When an existing nonresidential use is expanded, the minimum amount of additional parking to be provided shall be based on the square footage of the expansion.

[Ord. 25-4 § 7 (Exh. A); Ord. 24-7 § 7 (Exh. K); Ord. 24-6 § 8 (Exh. J); Ord. 21-2 § 5 (Exh. J); Ord. 17-11 § 3 (Exh. 13); Ord. 17-6 (Exh. A); Ord. 17-5 § 2 (Exh. D); Ord. 17-2 § 2 (Exh. M); Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-385].

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

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

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

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

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

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

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

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

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

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

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

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

4. Effect of Termination of Agreement. Upon notification that a lease for required off-site parking has terminated, the planning division shall determine a reasonable time in which one of the following shall occur:

a. Substitute parking is provided that is acceptable to the planning division; or

b. The size or capacity of the use is reduced in proportion to the parking spaces on the lot.

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

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

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

G. Electric Vehicle Charging and Hydrogen Fueling Stations. In accordance with Government Code Section 65850.7, existing on-site parking may be reduced for the construction of electric vehicle charging or hydrogen fueling stations, and are not required to be replaced unless the loss of parking results in a specific, adverse impact upon the public health or safety, as determined by the chief building official or designee. Where the chief building official or designee finds a parking reduction will result in an adverse impact, replacement parking may be required subject to a use permit in accordance with Chapter 18.435 CDC (Minor Use Permits and Use Permits).

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

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

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

3. Parking demand generated by the project will not have a detrimental impact on the on-street parking in the surrounding area.

I. Compliance With Americans With Disabilities Act. Parking may be reduced in any amount the chief building official finds to be reasonable to provide parking, ramps, path of travel, and other improvements necessary to comply with the Americans with Disabilities Act. [Ord. 24-7 § 7 (Exh. K); Ord. 24-6 § 8 (Exh. J); Ord. 17-6 (Exh. A); Ord. 13-5; DC 2012 § 122-386].

In the DP and DMX districts, one of the following two options may be used to meet the parking requirements of this chapter:

A. Off-Street Parking. Off-street parking spaces shall be provided. Off-street parking may be located on the same site as the use served or on another site if the required off-street spaces are located within 700 feet walking distance of a principal entrance to the use serviced, or within 1,000 feet of such entrance for spaces intended for the use of employees.

B. In-Lieu Fees. In order to encourage development, the planning commission may, subject to a use permit, allow the parking requirement for new development or land use conversions within the downtown parking district, as shown in Figure 18.160.060, to be satisfied by payment of a fee in lieu of providing the otherwise required parking space(s). The findings for the use permit are provided in subsection (B)(5) of this section.

1. In-Lieu Fee Amount. The amount of the in-lieu fee shall be calculated and paid as set forth in the city’s fee schedule.

2. Deposit of Funds. In-lieu fees shall be deposited with the city in a special fund and used, as determined by the city, for any of the following:

a. Off-street parking facilities, including acquisition and development of parking facilities located in the general vicinity of the buildings for which the payments are made;

b. Mass transit equipment, including stock and attendant facilities, serving the area in which the buildings for which the payments are made are located;

c. Transportation system management, projects, all costs including but not limited to personnel, equipment, and physical facilities; or

d. Parking and transportation demand management projects and programs to reduce vehicle trips and more efficiently manage parking, including but not limited to parking system improvements, bicycle system improvements, pedestrian system improvements, and potential future organization that works with local businesses and public agencies to offer subsidized transit passes, carpooling/ridesharing, on-site daycare, and telecommuting alternatives.

FIGURE 18.160.060 – DOWNTOWN PARKING DISTRICT

3. Refund of Fee. An in-lieu parking payment may be refunded by the city, without interest, to the person who made such payment, or his assignee or designee, if the required off-street parking spaces are provided.

4. Single-Family Residences Excluded. This section shall not apply to low density single-family residences within the DP and DMX districts.

5. Findings. In approving any use permit that allows the payment of a fee in lieu of providing on-site or off-site parking, the planning commission shall find:

a. The project benefiting from this approval furthers the goals and policies of the general plan, downtown specific plan, and downtown parking district or other specific plan(s), relative to uses, revitalization, bicycle and pedestrian amenities, and design;

b. A parking study, which assesses the project’s parking demand compared to similar facilities, and the proposed parking and transportation demand management policies to decrease parking demand (i) substantiates the need of allowing payment of in-lieu fees, (ii) demonstrates that the needs of on-site uses are satisfied, and (iii) ensures that the parking reduction does not result in detrimental impacts to off-site locations and public streets, sidewalks or other public access routes. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-387].

Parking facilities for the disabled shall be designed, constructed, and maintained to provide access for the physically disabled from public rights-of-way and from parking areas to building entries, as follows:

A. Number, Location, and Access. Parking spaces for the disabled/handicapped shall be provided in compliance with the Uniform Building Code, the Federal Accessibility Guidelines, California Code of Regulations (Title 24, Part 2, Chapter 2-71), and with the sign requirements of California Vehicle Code Section 22507.8, as applicable. Parking spaces required for the disabled shall count toward the number of off-street parking spaces required by Table 18.160.040.

B. Restriping to Accommodate Disabled Parking. A site shall not be considered to have nonconforming parking if the number of off-street spaces provided is reduced to less than required by this chapter solely because the lot is restriped to comply with disabled parking requirements. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-388].

Residential parking shall be located on the same site as the residential dwelling served. Parking shall not be located within a required front or street-facing side yard, except within an enclosed garage that complies with the setback requirements in CDC 18.150.140 (Setbacks). Garages and carports shall comply with the requirements of this section whether they are accessory structures or part of a principal structure.

A. Residential Garages.

1. Minimum Interior Dimensions. Residential enclosed garages shall provide the following clear interior minimum dimensions:

a. One-Car Garage. A minimum of 10 feet wide by 22 feet deep (with a nine-foot door opening).

b. Two-Car Garage. A minimum of 20 feet wide by 22 feet deep (with a 16-foot door opening or two nine-foot door openings).

c. Three-Car Garage. A minimum of 30 feet wide by 22 feet deep (with a nine-foot and 16-foot door openings, or multiple nine-foot door openings).

d. Other. To be determined by the review authority.

2. No interior door shall open into a garage space unless the door will open fully without encroaching into the above specified areas.

B. Residential Carports.

1. A single-car carport shall be a minimum of 10 feet wide by 19 feet long;

2. A double-car carport shall be a minimum of 20 feet wide by 19 feet long;

3. Measurements shall be taken from inside face of support to inside face of opposite support;

4. Shall be designed and located to meet setbacks and so that parked vehicles are screened and not visible from a street;

5. The carport roof shall be a solid, waterproof roof, that covers the entire 10-foot-by-19-foot space;

6. The carport shall be designed with the same materials, colors, and design features, such as the roofline, of the primary structure.

C. Tandem Parking. For residential development, the parking spaces required for an individual dwelling unit may be in tandem. The minimum dimension for a tandem space (two vehicle lengths) shall be 10 feet wide by 35 feet long. Tandem spaces may be provided for up to 50 percent of any single-family development and up to 25 percent of any other residential development, in accordance with the requirements of this chapter. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-389].

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

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

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

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

2. Compact Parking Spaces. On sites with a minimum of 10 parking spaces, no greater than 25 percent of the required number of spaces or total number of spaces provided, whichever is less, may be compact spaces with a minimum dimension of eight feet by 16 feet, in accordance with the following:

a. Compact spaces shall be dispersed throughout the parking lot, and no more than four spaces shall be grouped together, with a minimum of four feet of separation between grouped compact spaces located in the same row of parking;

b. In single-family or duplex residential parking areas, all required covered parking spaces shall be standard size; and

c. All compact spaces shall be so designated with a pavement marking.

C. Exceptions.

1. Parking Spaces Abutting a Wall or Fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than one-half foot shall be increased two feet in width on each obstructed side; provided, that the increase may be reduced by one-fourth foot for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.

2. Landscaping in Lieu of Paving. Landscaped areas with low growing, hardy plants may reduce the parking stall depth by up to two feet to allow for vehicle overhang. The two-foot area shall not be counted toward the required parking lot landscaping or toward the overall minimum landscape requirements for the site. Concrete wheel stops shall be installed for each shortened parking space.

3. Long-Term Parking. The width of parking spaces may be reduced to eight and one-half feet for standard spaces in parking areas for employee parking only where vehicles are not moved during a work shift. These spaces shall be identified by signage and striping as “employee parking” and they shall be located farthest from the building entrance.

D. Access to Parking. For all parking areas other than individual single-family lots and duplexes, access to parking shall be provided as provided below. Site design shall minimize the amount of paved surfaces and driveway lengths and widths while providing for safe and suitable access for vehicular circulation.

1. Direction of Travel. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives.

2. Stacking Area. Nonresidential parking lots designed to provide 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way to provide a stacking area for vehicles entering and exiting the parking area.

FIGURE 18.160.090 – STACKING AREA

3. Queuing Area. The number of parking spaces required by Table 18.160.040 does not include queuing space required for vehicles and customers waiting in vehicles for service at drive-through facilities, pump stations, auto service bays, or similar uses.

4. Shared Access. Access for two or more dwelling units to a street through a shared private driveway may be approved by the planning division if the shared access meets safety requirements and the following conditions:

a. Each lot is granted access by legal easement;

b. A shared driveway maintenance agreement shall be approved by the city and recorded; and

c. No more than four residences shall share a single driveway.

5. Access to Landlocked Parcels. Access to landlocked parcels without direct frontage on a public or private street may be created for up to four lots or parcels if the developer or property owner records an access easement that meets the following conditions:

a. Access to one lot, serving no more than two dwelling units, shall be at least 16 feet wide (including a travel surface of a width to be determined by the fire district), connecting the landlocked parcel to a public or private street through an intervening lot or parcel. The easement shall provide emergency access with no parking;

b. A maximum of four homes may be served by the access easement;

c. For more than one lot the easement shall be as follows:

d. For shared access, a shared driveway maintenance agreement with all property owners utilizing the shared access easement shall be approved by the city and recorded;

e. The address of all properties without direct street frontage shall be displayed at the street entrance of the driveway and again at the entrance to each property from the driveway;

f. The maximum length of an access easement shall be 600 feet;

g. The access easement shall be recorded against the property and shall be applicable to any future owner of the property; and

h. A turnaround approved by the fire district shall be required for all private access drives over 150 feet in length.

6. Clear Height. A minimum unobstructed structural clearance height of 14 feet shall be maintained in all parking areas within multifamily and nonresidential uses.

7. Ninety-Degree Single-Loaded Parking Aisles. A parking lot aisle that provides access only to a single row of parking spaces on one side may be reduced to 22 feet, provided a landscape planter at least five feet in width or a two-foot planter with a three-foot walkway is installed adjacent to the aisle.

8. Dead-End Aisles. Dead-end aisles are discouraged. When used, 90-degree angle stalls with adequate turning space are required, as approved by the planning and engineering divisions.

9. Safety. Parking lot design shall maximize the safety of vehicles and pedestrians. Where appropriate, the planning and engineering divisions may require angled parking and one-directional parking aisles as a safety enhancement feature.

E. Access to Adjacent Sites. The city may require vehicle and pedestrian connections to parking areas on adjacent properties or to adjoining public walkways to provide convenience, safety, and efficient circulation. In the event it is not immediately feasible to establish such connections, the city may require the reservation of land for an eventual connection, and may require the completion of such connection upon development of the adjacent property. Where required, a joint access agreement running with the land shall be recorded by the owners of the abutting properties to guarantee the continued availability of the shared access between the properties, as approved by the planning division. [Ord. 24-7 § 7 (Exh. K); Ord. 17-6 (Exh. A); Ord. 14-6 § 10; Ord. 12-5; Ord. 12-4. DC 2012 § 122-390].

Parking lots and structures shall have directional and regulatory signs, drainage, fire equipment, lighting, litter collection containers, paving/surfacing, ramp grades, space markings, wheel stops, and queuing space for drive-in facilities or ticket dispensing booths or machines in compliance with this section and which shall be subject to the review and approval of a site development permit, Division VII of this title (Permits and Permit Procedures).

A. Limitations on Curb Cuts and Driveways. On lots less than 100 feet in width, driveways and curb cuts shall be limited to one per frontage. On lots over 100 feet in width, an additional driveway may be allowed for each additional 1,000 feet of frontage. Exceptions for uses such as drive-through facilities and gas stations that have greater circulation requirements may be approved with a use permit or minor use permit. On corner lots, curb cuts shall be located on the street frontage with the least pedestrian activity.

B. Prohibited Uses. Parking areas shall not be used for vehicle dismantling, leasing, renting, repair work, sales, storage, or outdoor open sales displays. Sales, storage, signage, and similar uses are prohibited within all parking areas, unless otherwise provided for in the development code.

C. Drainage. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private pedestrian sidewalks, walkways, or areas not designed as drainage facilities. All drainage shall comply with the city’s current stormwater ordinance and the current California Regional Water Quality Control Board NPDES permit.

D. Stormwater Control. Parking lots shall be designed to comply with regional water quality requirements using the criteria contained in the most recent version of the Contra Costa Clean Water Program C.3 Guidebook or the current requirements.

E. Landscaping. All parking lots shall be landscaped in accordance with the requirements in Chapter 18.165 CDC (Landscaping) and Chapter 18.170 CDC (Water Efficient Landscaping).

F. Surfacing Requirements. All surfaces of access drives, driveways and parking lots required by this subsection shall be graded and properly drained and permanently maintained in a dust-free manner. All surfaces shall be paved with at least two inches of asphalt, concrete, or paving units, as follows:

1. Pervious paving materials, including pervious interlocking concrete paving blocks, concrete grid pavers, perforated brick pavers, and compacted gravel, and other materials with surface water infiltration rates that exceed 0.2 inches per hour, and other permeable surfaces may be used on all parking spaces and driveways, as approved by the engineering and planning division. The total stormwater surface drainage areas with pervious paving within each parking and driveway area may be subtracted from the required stormwater control calculations for treatment.

2. For driveways serving only one single-family home, the parking area shall be surfaced with a minimum of three inches of asphalt concrete over 10 inches of aggregate base or comparable pavement.

3. For driveways serving more than one dwelling or multifamily unit, parking areas shall be surfaced with a minimum of three inches of asphalt concrete over 10 inches of aggregate base or comparable concrete pavement.

4. For heavy traffic (e.g., truck) and commercial driveways, the driveway shall be surfaced with Portland cement concrete in accordance with the current standard detail and as approved by the city engineer.

5. Driveways with a slope of 10 percent or greater shall be paved with asphalt or concrete in all cases.

6. All driveways shall be graded and drained to dispose of all accumulated surface water.

7. The review authority, in consultation with the city engineer, may authorize the use of other all-weather surfacing, when it is determined that the driveway is not needed for pedestrian access and that the alternative surfacing will not impair accessibility for emergency vehicles. For the purpose of this section, alternative all-weather surfacing includes turf block and/or other surfacing materials that provide for water infiltration into the ground while providing adequate support for vehicles.

G. Markings, Striping, and Identification. All parking-related markings, parking stalls, striping, and identification shall be clearly outlined with a four-inch-wide striping painted on the parking surface to provide for safe traffic movement in compliance with this section.

1. Each parking space and parking facility shall be clearly identified by surface markings and shall be maintained in a manner so as to be readily visible and accessible at all times. The markings shall be arranged to provide for orderly and safe parking, loading/unloading, and storage of vehicles. Markings required to be maintained in a highly visible condition include directional arrows, lettering on signs and in disabled-designated areas, striping, and field color.

2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at an angle other than 90 degrees to a street shall be marked with a traffic separation stripe the length of the access. This requirement does not apply to drive aisles.

3. Where the exit may not be clearly recognizable, directional signs shall be provided to the satisfaction of the engineering division.

H. Wheel Stops/Curbing.

1. Perimeter Curbing. A six-inch-wide and six-inch-high raised concrete curb shall be provided along the outer edge of the parking facility pavement and adjacent to fences, landscaped areas, property lines, structures, or walls.

2. Individual wheel stops shall be provided when the parking is adjacent to a landscaped area that is not protected by curbing, and the drainage is directed to the landscaped area, subject to the review and approval of the review authority.

3. The curbing or individual wheel stops shall be placed two and one-half feet from the adjoining fence, landscaped area, property line, structure or wall.

4. As an option to wheel stops, for parking adjacent to a raised sidewalk, the sidewalk may be widened an additional two feet to provide for vehicle overhang.

5. When provided, individual wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-391].

Driveways providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and permanently maintained in compliance with this section. New and significant expansion or redevelopment of property shall minimize driveway curb cuts and maximize street parking through the use of alleys and/or by spacing driveway curb cuts to maximize the amount of on-street parking spaces between driveways as follows:

A. Driveways shall comply with the following standards:

1. Single-Family Dwellings or Duplexes.

a. Properties within the RR-20 or RR-40 districts with a frontage of 200 feet or more may have two separate driveways, or one circular driveway, provided the resulting curb cuts are separated by a minimum distance of 100 feet, unless otherwise approved by the city engineer based on consideration of site topography and traffic safety.

b. All other single-family residential properties and duplexes shall be allowed one driveway.

c. Driveways shall be a minimum length of 20 feet, measured from the front property line or the right-of-way if there is no sidewalk, or edge of driveway/roadway or access easement.

d. The total area of front yard paving (e.g., driveway, parking areas, walks, etc.) shall not exceed 50 percent of the required front setback area or yard area, whichever is greater.

e. A single-car garage or tandem garage shall have a minimum driveway width of 12 feet and a maximum width of 20 feet, a two-car garage shall have a minimum driveway width of 22 feet and a maximum width of 24 feet, and a three-car garage shall have a minimum driveway width of 30 feet at the entrance to the garage which shall taper to 26 feet at the property line.

2. Multifamily and Nonresidential Projects.

a. A multifamily or nonresidential project shall have no more than two driveways on the same frontage, unless the review authority determines that more than two driveways are required to accommodate anticipated project traffic, based on a traffic study.

b. Whenever a property has access to more than one street, access shall be limited to the lowest volume street if possible, to minimize traffic impacts of the project.

c. The minimum width of driveways providing access to multifamily and nonresidential parking spaces shall be in compliance with Table 18.160.110 (Minimum Driveway Widths). The maximum driveway width shall be 30 feet, exclusive of the width of a median divider.

B. Location of Driveways.

1. Distance from Street Corner. No driveway shall be located less than 60 feet from the nearest street intersection, as measured from the centerline of the driveway to the face of the curb of the intersecting street. A greater distance may be required by the city engineer for collector and arterial streets.

2. Driveway Spacing. Driveways shall be separated along the street frontage as follows:

a. Single-Family Residential Development. Driveways shall be separated by at least 28 feet, unless a shared, single driveway is approved by the city engineer. The six-foot separation does not include the transition or wing section on each side of the driveway.

b. Multifamily and Nonresidential Development. Where two or more driveways serve the same or adjacent multifamily or nonresidential development, the centerline of the driveways shall be separated by a minimum of 28 feet. Exceptions to this standard shall be subject to the review and approval of the city engineer.

c. Parking Access. Each residential development must access its own parking directly from the street or alley, except where single-family residential parcels share a driveway.

3. Spaces shall be accessible without reentering a public right-of-way.

a. All spaces in a parking facility shall be accessible without reentering a public right-of-way.

b. The review authority may grant a use permit in compliance with Chapter 18.435 CDC (Minor Use Permits and Use Permits) to allow an exception to the prohibition identified in subsection (B)(3)(a) of this section, but only when it is physically impossible to provide the required access.

c. An alley may be used as maneuvering space for access to off-street parking.

4. Access Drive Required.

a. Where an area used for off-street parking does not abut a public street, an access drive shall be provided in compliance with Table 18.160.110 (Minimum Driveway Widths), connecting the off-street parking area with a public street.

b. The access drive shall be paved in the manner required for off-street parking lots and may not traverse property in a residential district unless the drive provides access to a parking area serving a use in that residential district.

5. Median Strip Required.

a. An entrance to a parking area accommodating more than 25 vehicles shall include a median strip.

b. The median strip shall be located to eliminate possible cross-traffic within the parking area within 50 feet of the public right-of-way and the design shall be subject to review and approval by the city engineer.

c. The applicant may request approval of a minor use permit modifying this requirement based on the size of the parking area, the circulation plan, and sight and safety considerations of the specific site.

C. Driveway Widths and Clearances.

1. Driveway Width. Driveways shall have the minimum widths at the gutter line in compliance with Table 18.160.110 (Minimum Driveway Widths), plus a minimum of one foot of additional clearance on each side of any vertical obstruction exceeding six inches in height.

(1)    Obstruction exceeding six inches in height.

Note: Minimum widths of two-way driveways for nonresidential uses are for streets with speed limits greater than 25 mph (i.e., collectors and arterials).

2. Additional Requirements by Review Authority.

a. The review authority, in consultation with the city engineer, may require driveways in excess of the above widths where unusual grade, site, or traffic conditions prevail.

b. The city engineer may require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depressions.

c. Driveways which serve the same parking facility shall be located at least 25 feet apart.

3. Clearances from Obstruction. The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, light standard, traffic signal, utility pole, or other similar facility. Driveways shall have a minimum overhead clearance of 14 feet in height, except within a parking structure, where clearance may be reduced to six feet, seven inches.

4. Driveway Visibility. The visibility of a driveway at its intersection with a street right-of-way shall not be blocked between a height of three feet and seven feet, as required by CDC 18.150.170 (Traffic visibility at intersections and driveways).

D. Lighting. Public parking areas designed to accommodate 10 or more vehicles shall be provided with a minimum of one-half foot-candle of light over the parking surface during the hours of use from one-half hour before dusk until one-half hour after dawn and not more than three foot-candles. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with CDC 18.150.130 (Performance standards).

E. Parking Area Circulation.

1. Separation from Buildings. Parking areas for multifamily, retail, service and office uses with 10 or more spaces shall be separated from the front and side exterior walls of buildings by walkways. Commercial buildings with 80,000 square feet or more of gross floor area shall be separated from parking on all sides by a walkway and a planter area at least five feet in width.

2. Vehicular and Pedestrian Circulation. Separate and distinct vehicular and pedestrian access shall be provided between parking areas, public sidewalks, and private walkways, for multifamily development of 10 or more units and for commercial and mixed-use development with parking areas that are 80 feet or more in depth and/or include 50 or more parking spaces in compliance with the following:

a. An on-site walkway shall connect the main entry to a public sidewalk on each street frontage at the shortest practical distance.

b. Pedestrian walkways shall connect all buildings on a site to each other and to on-site automobile and bicycle parking areas.

c. All pedestrian walkways shall be constructed with a hard surface that is a minimum of four feet wide.

d. Walkways that are parallel and adjacent to a vehicle lane shall be raised or separated from the vehicle lane by a six-inch-high curb, bollards, or other physical barrier.

e. Pedestrian walkways shall be clearly identifiable and differentiated from driveways, parking aisles, and parking and loading spaces, through the use of elevation changes, a different paving material, or color.

f. Accessible routes through the site shall be provided in accordance with the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities (Appendix A to 28 CFR Part 36).

F. Alternative Parking Area Design. If an applicant can demonstrate to the satisfaction of the review authority that variations to the standards required by this section are warranted in order to achieve environmental design and green building objectives, such as achieving certification under the LEED Green Building Rating System, the review authority may approve revised parking area design standards.

G. Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. [Ord. 17-6 (Exh. A); amended during 2014 recodification; Ord. 12-4. DC 2012 § 122-392].

Bicycle parking shall be provided for all multifamily projects and nonresidential uses in compliance with this section.

A. Requirements for Short-Term Bicycle Parking.

1. Required Number of Spaces. Short-term bicycle parking spaces shall be provided equal to five percent of the required vehicle spaces, with a minimum of two spaces per site.

2. Location. Short-term bicycle parking shall be located within 50 feet of the main entrance to the building it serves. In the case of a multi-tenant shopping center, bike parking shall be located within 50 feet of the main entrance to each anchor store. Bicycle parking shall be located in a safe and secure location in a highly visible area. Bicycle parking should be visible from the main building entrance whenever possible.

3. Anchoring and Securing. Each bicycle parking space shall provide a stationary parking device to adequately secure the bicycle frame and one wheel with both wheels left on the bicycle. One such structure may provide multiple bicycle parking spaces.

4. Dimensions. Bicycle parking spaces shall be a minimum of two feet in width and six feet in length and accessible without moving another bicycle. Overhead clearance shall be a minimum of seven feet.

5. Lighting. Bicycle parking facilities shall provide and maintain adequate lighting for safety and security.

B. Requirements for Long-Term Bicycle Parking. Long-term bicycle parking shall be provided according to the provisions of this section in order to serve employees, students, residents, and commuters that stay at a location for more than two hours.

1. Required Number of Spaces.

a. Residential Uses. A minimum of one bicycle parking space shall be provided for every four residential units, unless a separate enclosed garage space is provided for each unit.

b. Public Facilities, Schools, and Places of Public Assembly. Places of assembly and similar facilities shall provide bicycle parking at a ratio of 10 percent of the required number of vehicle parking spaces.

c. Other Uses. Any establishment with 25 or more employees shall provide long-term bicycle parking at a ratio of 10 percent of the required number of vehicle spaces.

2. Location. Secure long-term bicycle parking shall be located on the same lot as the use it serves and conveniently located, generally in close proximity to the main or an employee entrance.

a. Covered Spaces. At least 50 percent of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs, awnings, in bicycle lockers, or within or under other structures.

b. Security. Long-term bicycle parking shall be provided by one of the following facilities:

i. An enclosed bicycle locker.

ii. A fenced, covered, locked, or guarded bicycle storage area.

iii. A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas.

c. Size and Accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible by a five-foot-wide aisle without moving another bicycle.

d. Required Shower and Locker Facilities. All new buildings and additions to existing buildings that result in a total floor area as shown in the following table shall provide showers and dressing areas for each gender. A minimum of one locker shall be provided for each required bicycle parking space. Lockers shall be located in each of the shower areas. See Table 18.160.120.

[Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-393].

Parking lots with 50 or more parking spaces shall provide motorcycle parking spaces conveniently located near the main entrance of a structure, accessed by the same aisles that provide access to the automobile parking spaces in the parking lot.

A. Number of Spaces Required. A minimum of one motorcycle parking space shall be provided for each 50 automobile spaces or fraction thereof.

B. Space Dimensions. Motorcycle spaces shall have minimum dimensions of four feet wide by seven feet long. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-394].

Multi-level parking structures shall be designed to screen or conceal cars parked on the first and second floors of the structure from view from public streets and walkways by one or more of the following methods:

A. Ground Floor Commercial. The ground-level street frontage shall be developed with retail, restaurants, or personal service uses that are pedestrian friendly as allowed by the applicable district.

B. Landscaping. Landscaped areas shall be provided around the perimeter including planters and potted plants, hanging baskets, flower boxes or planting vines on trellises.

C. Setback. A densely planted landscape area with a minimum width of 10 feet (or greater if required by the applicable district) of landscaped area shall be provided for structures that do not incorporate ground floor uses prescribed in subsection (A) of this section. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-395].

A. Number of Loading Spaces Required. Nonresidential uses shall provide off-street loading spaces in compliance with Table 18.160.150 (Loading Spaces Required). Requirements for uses not listed shall be determined by the planning division or by the review authority based upon the requirements for comparable uses. The review authority may waive part or all of the requirements if it is determined that the requirements are either unattainable or unnecessary.

B. Truck Docks, Loading, and Service Area Design Standards. Loading areas shall be designed and constructed as follows: The review authority may reduce the requirements in Table 18.160.150, when the review authority determines that the delivery, operating, and shipping characteristics of the use do not require the number or type of loading spaces required by this section.

1. Location. Truck docks, loading, and service areas shall be on the same site for which they are required and shall be located:

a. A minimum of 50 feet from any residential zoning district boundary. An exception may be approved by the planning division and city engineer for sites with preexisting uses where there is no feasible alternative location;

b. To ensure that loading, unloading, and vehicle maneuvers take place on site;

c. To ensure that the loading facility is screened from adjacent streets as much as possible;

d. To ensure that loading and unloading take place on site and not within the public rights-of-way;

e. On sites adjoining an alley, a required loading space shall be accessible from the alley unless otherwise approved by the review authority;

f. Without backing a truck across a street property line unless otherwise approved due to the determination that providing the turnaround space is infeasible; and

g. To allow access to all required parking spaces.

2. Dimensions. Loading space dimensions shall be a minimum of 12 feet in width, 45 feet in length, with 14 feet of vertical clearance. Loading spaces for offices and other uses that are less than 10,000 square feet may be a minimum of 10 feet in width by 30 feet in length.

3. Lighting. Loading areas shall have lighting that provides adequate illumination for security and safety, in compliance with CDC 18.150.110 (Outdoor lighting).

4. Loading Area Doors and Gates. Loading areas and roll up doors shall be painted to blend with the exterior structure walls. Loading bays and doors and related trucks shall be adequately screened from view from adjacent streets as determined by the review authority.

5. Screening. Loading areas shall be screened from abutting properties and streets with dense landscaping and/or solid decorative masonry walls with a design and height subject to the review and approval of the review authority, and consistent with the requirements in CDC 18.150.180 (Transitional requirements).

6. Surfacing. All loading spaces, access driveways, and maneuvering areas shall be graded and properly drained, permanently maintained with dust-free surfacing, and paved with concrete, or other materials in accordance with city standards or as approved by the city engineer.

7. Noise. All loading areas adjacent to residential uses shall provide a wall or other feature to ensure that the noise levels at the property line do not exceed the noise standards in the city’s general plan.

8. Striping. All loading spaces shall be clearly striped and identified by the words “Loading Only” painted on the paved surface of the space in four-inch-wide white block letters. These markings shall be maintained in a highly visible condition at all times.

9. Loading Ramps. Plans for loading ramps and truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances, and shall require city engineer and planning division review and approval.

10. Vehicle Repair Prohibited. Off-street loading facilities and areas required by this section shall be maintained for the duration. No repair work or servicing of vehicles shall be allowed in the loading areas. [Ord. 17-6 (Exh. A); Ord. 12-4. DC 2012 § 122-396].

Recreational vehicles (see Chapter 18.20 CDC, General Terms) may only be parked or stored in front yards, side yards, rear yards, setbacks, and driveways under the following circumstances:

A. Storage Prohibited. The storage of recreational vehicles and commercial vehicles is prohibited in the following areas of any parcel of real property, unless set forth in subsections (B) and (C) of this section:

1. The area between any section of the front wall or foundation of a structure extending to the property line of interior and exterior side yards and the street;

2. Front yard areas;

3. Exterior side yards, unless behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence;

4. Interior side yards, unless behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence;

5. Driveways; or

6. Except as may be permitted by subsections (C)(5) and (6) of this section, commercial vehicles may not be stored or parked on any parcel of real property in any single-family residential district, multifamily residential district, or mixed-use district if the use is a residential use. Commercial vehicles may be parked only during the course of providing a service or making deliveries to the residential property.

B. Recreational Vehicles. Except as provided in subsection (C) of this section, recreational vehicles may be parked or stored in a driveway, exterior or interior side yard, or the rear yard under the following circumstances only:

1. For the purpose of loading or unloading, not to exceed 72 hours before or after a trip; or

2. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one week within any consecutive six-month period; or

3. Within the exterior or interior side yard behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence; or

4. In the rear yard behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence;

5. No more than two recreational vehicles, including boats and other recreational equipment registered to the owner or occupant of the property, may be stored on a parcel of real property, unless otherwise permitted by this code.

6. In the driveway, if the recreational vehicle is issued a recreational vehicle storage permit as provided in subsection (C) of this section.

FIGURE 18.160.160(A) – PARKING IN DRIVEWAY WITH VEHICLE STORAGE PERMIT

C. Permit Required to Store Recreational Vehicle – Grandfathering of Recreational Vehicles on Residential Properties.

1. For a 12-month period from the effective date of Concord Ordinance No. 08-7, effective December 31, 2008, a current owner (i.e., an owner as of the effective date of December 31, 2008) of a recreational vehicle, who is either the property owner or the occupant of the residential property, shall obtain a recreational vehicle storage permit from the city’s neighborhood services division to permit recreational vehicle parking on a driveway. The city council may, by resolution, extend this 12-month period as it deems appropriate. If the recreational vehicle owner does not apply for a recreational vehicle storage permit within the 12-month period of time from the effective date of Concord Ordinance No. 08-7 or any authorized extension thereof, the owner or occupant shall not be entitled to apply for said permit and must otherwise comply with the parking and storage regulations of this development code.

2. The recreational vehicle owner shall pay a fee as set forth in the resolution establishing fees and charges for various municipal services to offset the cost of processing the permit application and monitoring compliance therewith.

3. The neighborhood services division shall develop a program for administering the permit application process and enforcement of the permit.

4. The recreational vehicle storage permit may only be issued to the present recreational vehicle owner who is either the property owner or occupant of the residential property within the 12-month period following the effective date of Ordinance No. 08-7 (December 31, 2008).

5. No more than one recreational vehicle storage permit shall be issued for a single recreational vehicle for each residential property.

6. The owner or occupant of the residential property may sell and purchase a replacement recreational vehicle so long as it is the original owner or occupant of the residential property that initially obtained the permit.

7. Upon sale of the residential real property or the end of occupancy by the original permittee, the permit is deemed expired and shall have no legal force and effect. The new owner or occupant of the residential property shall not be entitled to a recreational vehicle storage permit and must comply with the storage and parking regulations as otherwise required by this code.

D. Maintenance Standards for Recreational Vehicles Visible from Public View.

1. Recreational vehicles visible from public view shall be maintained in proper condition. Recreational vehicles stored or maintained in one or more of the following conditions shall be deemed in violation of the development code.

a. Recreational vehicles with damaged or broken windows or doors; damaged or torn screens or shades.

b. Recreational vehicles that are covered with tarps or other covers, which are deteriorating or torn.

c. Recreational vehicles with damaged or broken parts, including but not limited to tow bars, mirrors, light shields, bumpers, tanks, ladders, soft top cover for pop ups, luggage compartment doors, air handling units, and luggage racks.

d. Recreational vehicles with peeling, blistering, rusting, or otherwise deteriorating exterior surfaces.

e. Recreational vehicles with open awnings, open slide-outs, and open pop-ups.

2. For sight distance purposes, in the driveway, a recreational vehicle shall be parked on the left side (facing the property) at a minimum distance of five feet from the back of the sidewalk; or if there is no sidewalk, no closer than 10 feet from the edge of the pavement. (See Figure 18.160.160(A).)

3. On the parking pad adjacent to the driveway, a recreational vehicle may not be parked closer than 10 feet from the back of the sidewalk; or, if there is no sidewalk, 15 feet from the edge of the pavement. The city engineer or his/her designee may make exceptions to these sight distance standards if he/she determines sight distance requirements are met. (See Figure 18.160.160(B).)

4. In no case shall the parking of a recreational vehicle in the driveway block the use of the driveway or access to the garage or carport by other vehicles.

5. Installation of new secondary driveways or parking pads shall be grasscrete, turf-block, a ribbon driveway, or other similar treatment, and shall not be a standard slab driveway.

6. Failure of the owner or occupant of the residential property to abide by the maintenance standards set forth in subsection (D)(5) of this section shall be subject to nuisance abatement procedures as set forth in subsection (H) of this section.

FIGURE 18.160.160(B) PARKING ADJACENT TO DRIVEWAY

E. Parking. Automobiles, motorcycles, pickup trucks, and vans three-quarters ton capacity or less, which are in a fully operational condition and which are currently registered with the State Department of Motor Vehicles or the equivalent out-of-state or federal agency, are allowed to park in driveways and other areas lawfully designated for the parking or storage of automobiles or other vehicles and are prohibited from parking in the following areas:

1. The area between any section of the front wall or foundation of a structure extending to the property line of interior or exterior side yards and the street;

2. The front yard area;

3. Within an exterior side yard, unless parked behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence; and

4. Within an interior side yard unless parked behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence.

F. Garage Use Allowed. Nothing in subsection (C) of this section shall prohibit the use of a garage or carport for storage or parking which is otherwise allowed by the development code.

G. Abatement of Violations. Storage or parking in violation of subsection (C) of this section may be abated by the chief of police, pursuant to the notice and hearing procedure hereinafter set forth, which is hereby made applicable to all storage or parking in violation of this subsection.

H. Notice of Intention to Abate. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance, shall be mailed by registered or certified mail, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

I. Hearing. The owner of the vehicle may request a hearing as set forth in CMC 8.25.450 and 8.25.460.

J. Administrative and Removal Costs. Administrative costs and the cost of removal that are charged against the owner of a parcel of land and not paid within 30 days of the date of the order shall be assessed against the parcel of land pursuant to CMC 8.25.490. [Ord. 17-6 (Exh. A); amended during 2014 recodification; Ord. 12-4. DC 2012 § 122-397].

This chapter establishes requirements for landscaping to improve the livability and attractiveness of the city, enhance the appearance of development, provide shade, reduce heat and glare, control soil erosion, conserve water, screen and buffer incompatible land uses, reduce paving, increase permeable surfaces, enhance the quality of neighborhoods, and improve air quality. [Ord. 12-4. DC 2012 § 122-440].

The provisions of this chapter shall apply to all development and land uses as follows:

A. New Projects. Each new nonresidential and multi-unit residential project shall provide landscaping in compliance with this chapter, except for new single-family homes on existing lots, as noted in subsection (D) of this section.

B. Existing Development. Any application for an addition or other physical alteration to a building or site within existing development shall comply with specific landscaping and irrigation requirements in this chapter as feasible and as determined by the review authority. Changes to existing development that require only a zoning clearance are not required to comply with this chapter unless the existing landscaping is not being maintained.

C. New Occupancy, Tenant Improvements, and Changes in Use. For new tenant improvements, additions, expansions, and renovations to existing commercial properties and any rehabilitated landscaping for existing commercial, industrial, and multifamily where the planning division has determined that existing landscaping is not being properly maintained.

D. Single-Family Dwellings. Projects involving the new construction of only one single-family dwelling, or an addition to an existing single-family dwelling, with less than 5,000 square feet of landscape area shall not be required to submit landscape and irrigation plans or meet the other standards of this chapter. However, all required street-facing yards of such properties shall be landscaped in accordance with this chapter and Chapter 18.170 CDC (Water Efficient Landscaping). [Ord. 12-4. DC 2012 § 122-441].

A. Preliminary Landscape Plan. A preliminary landscape plan shall be submitted with any application, when required by CDC 18.165.020 (Applicability). Preliminary landscape plans shall contain all of the information identified in the application checklist on file with the planning division. All landscape plans shall be prepared by a California licensed landscape architect, or other qualified professional, based on the requirements of state law and the provisions in this chapter.

B. Final Landscape Plan. Final landscape construction and irrigation plans shall be submitted following project approval with the improvement, grading, or building permit plans, whichever comes first, and shall be approved prior to issuance of any permits.

C. Stormwater Requirements. Areas used for the treatment of stormwater, in compliance with C.3 shall be designed as an integral part of the overall landscape design. Stormwater treatment areas shall be in addition to the required landscaping areas. All treatment areas shall be shown on the landscape plans consistent with the information shown in the stormwater plan. (See Chapter 16.05 CMC, Stormwater Management and Discharge Control, and Chapter 16.10 CMC, Grading, Erosion, and Sedimentation Control.)

D. Irrigation Plans. Irrigation plans shall comply with the requirements of Chapter 18.170 CDC (Water Efficient Landscaping). Irrigation plans shall be the same format and scale as the landscape plans.

E. Timing of Installation and Certification. Required landscaping and screening shall be installed consistent with approved plans and specifications prior to occupancy or use of a site. A certificate of completion shall be submitted and signed by the licensed landscape architect prior to occupancy, along with all certifications required in Chapter 18.170 CDC (Water Efficient Landscaping).

F. Statement of Surety. When required by the review authority or planning division, security in the form of cash, letter of credit, or certificate of deposit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance costs shall be posted with the city for a maximum period of two years. The planning division may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions), and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site. [Ord. 12-4. DC 2012 § 122-442].

Landscaping shall be provided in all areas of a site subject to development with structures, grading, or removal of natural vegetation as follows:

A. Setbacks. Within all required setbacks, open space areas, and easements for utilities and drainage courses, except where:

1. Occupied by approved structures or paving.

2. The area is retained in its natural state, and the review authority determines that additional landscaping is not necessary.

B. Unused Areas. Any area of a project site not proposed for a specific use, including a commercial pad intended for future development, shall be landscaped, unless the area is retained in its natural state, and the review authority determines that additional landscaping is not necessary to achieve the purposes of this chapter. [Ord. 12-4. DC 2012 § 122-443].

The minimum area of each site to be landscaped shall comply with Table 18.165.050, in addition to any required parking lot landscaping (CDC 18.165.060), as follows:

(1)    An exception may be granted by the review authority where the minimum amount of landscaping is not feasible, such as on very small parcels or parcels developed with no setback requirements.

[Ord. 12-4. DC 2012 § 122-444].

Parking areas shall be landscaped in compliance with the following requirements. Parking lot landscaping, with the exception of perimeter screening, shall not be counted toward fulfilling the landscape area requirements identified in CDC 18.165.050.

A. Landscape Materials. Landscape materials shall be evenly distributed throughout the parking lot using a combination of trees, shrubs, and ground cover.

B. Curbing. Areas containing plant materials should be protected by a concrete curb at least six inches high and six inches wide. Alternate barrier design to protect landscaped areas from damage by vehicles, to filter/retain runoff on site, and to comply with C.3 stormwater requirements may be approved by the planning division as applicable.

C. Runoff and Stormwater Control. Parking lots and landscaped areas shall be designed to filter/retain runoff on site and shall meet the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C.3 Guidebook and the NPDES permit in force at the time.

D. Perimeter Landscaping. All surface parking areas shall be screened from the street and adjoining properties, and the open areas between the property line and the street right-of-way shall be landscaped as follows, unless otherwise approved by the design review board, based on the growth characteristics and maintenance practices for the proposed plant materials:

1. Adjacent to Streets.

a. Parking, except for single dwelling or duplex units, shall not be located within the required setback areas and the setback areas shall be landscaped;

b. Landscaping shall be designed and maintained to screen cars from view from the street to a minimum and maximum height of 30 to 36 inches in accordance with the setback requirements;

c. Screening materials may include a combination of plant materials, earth berms, decorative fencing or walls, raised planters, or other screening devices that meet the intent of this requirement; and

d. Shade trees shall be provided at a minimum rate of one tree for every 30 linear feet of landscaped area.

2. Adjacent to Side or Rear Property Lines. Parking areas for multifamily and nonresidential uses shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required to be five feet or greater. Trees shall be provided at the rate of one for each 30 linear feet of landscaped area.

3. Adjacent to Structures. Parking areas located adjacent to nonresidential structures shall provide a minimum five-foot-wide landscape strip (inside dimension) adjacent to the structure or walkways, exclusive of building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian access.

4. Adjacent to Residential Uses. Parking areas for nonresidential uses adjoining residential uses shall comply with CDC 18.150.180 (Transitional requirements). A five-foot-wide landscape buffer shall be provided between the parking area and the common property line bordering the residential use to buffer glare, light, or nuisance noise. Pedestrian access shall be provided, as appropriate. Trees shall be provided at a rate of one for each 30 linear feet of landscaped area.

E. Interior Parking Lot Landscaping and Stormwater Treatment Areas.

1. A minimum of 10 percent of the gross area of the parking lot shall be landscaped. Trees not less than five feet in height at a minimum size of 24-inch box shall be planted throughout the parking area and along any street frontage. Trees shall be planted in parking areas so that 50 percent shading of parking lot pavement is achieved within 10 years. At a minimum, one 24-inch box shade tree shall be provided for every five parking spaces. The review authority may revise this requirement if it determines that a different landscape design or tree ratio will better achieve the intent of this section.

2. Landscaping shall be evenly dispersed throughout the parking area, as follows.

a. Planting of trees in landscape islands that extend the full length of parking spaces is encouraged for parking areas with more than 50 spaces, over trees planted in smaller planting areas between spaces.

b. Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including at a minimum 36-inch box specimen trees, flowering plants, enhanced paving, and project identification.

c. Landscaping and stormwater treatment areas shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances or pedestrian walkways from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped or stormwater treatment areas that would otherwise block direct pedestrian routes.

3. For parking stalls adjacent to stormwater treatment areas, an additional two feet of paving shall be added adjacent to the parking stall for access to the vehicle. [Ord. 12-5; Ord. 12-4. DC 2012 § 122-445].

The landscape plan shall be designed to integrate all elements of the project (e.g., buildings, parking lots, and streets) to achieve their aesthetic objectives, desirable microclimates, and minimize water and energy demand. All landscaping shall be designed to meet the requirements in Chapter 18.170 CDC (Water Efficient Landscaping).

A. Landscape Design Principles.

1. Landscaping shall be in scale with on-site and adjacent buildings. Plantings shall be selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.

2. Landscape design shall provide a safe and attractive pedestrian environment in high activity areas, such as shopping centers and the downtown; artwork and other streetscape elements shall be incorporated into the landscape design.

B. Energy Conservation and Sustainable Design. Attention shall be given to locating landscape elements in a manner that provides energy conservation benefits, such as using large trees to provide daytime shading for buildings to reduce energy needed for air conditioning. Landscape designs shall also consider natural drainage features and the use of pervious surfaces and areas to minimize runoff.

1. Pedestrian access shall be considered and incorporated in the design of all landscaped areas.

2. All landscaped planters shall have a minimum interior width of five feet or greater, as measured from inside of any bordering curb or wall.

3. Landscape areas shall be irrigated and designed to filter/retain runoff in compliance with Contra Costa Clean Water Program Stormwater C.3 Guidebook requirements.

4. Hardscaped areas shall only be used to provide pedestrian circulation through a required landscaped area.

C. Plant Materials.

1. A mix of plant materials shall be provided in compliance with the following. Calculations documenting the mix shall be shown on the landscape plan.

a. Trees. All trees shall be a minimum size of 24-inch box, with the exception of trees planted in hillside areas which may be 15-gallon containers;

b. Shrubs. All shrubs shall be a minimum size of five-gallon containers; and

c. Groundcover. One hundred percent coverage shall occur within two years.

2. Use of Turf.

a. Turf shall be limited to 25 percent of the total landscaped area on the site;

b. No turf shall be allowed in any planter areas less than eight feet in width or on any slope exceeding 15 percent; and

c. A level buffer zone of 18 inches shall be provided between bermed turf areas and any hardscape (e.g., any street, walkway, or similar feature).

3. Root barriers shall be provided for trees in planters less than 10 feet in width or located within five feet of a permanent structure.

4. Plant materials shall be selected for low water demand and drought tolerance consistent with the provisions in Chapter 18.170 CDC (Water Efficient Landscaping).

5. Native species and natural areas shall be protected and preserved where possible.

6. Ground cover shall be live plant materials, except that bark chips, pebbles, stone, gravel, and similar materials may be allowed up to 15 percent of the total required landscape area. Nonturf areas (e.g., shrub beds) shall be top dressed with bark chip, mulch, or approved alternative.

7. Drought tolerant canopies, deciduous vines, and trellises shall be incorporated to shade south and westward facing walls.

8. Landscape materials within a required traffic safety visibility area shall not exceed maximum height of 30 inches (see CDC 18.150.170, Traffic visibility at intersections and driveways) except for trees with the lowest portion of their canopy maintained at a height of eight feet above grade.

D. Street Trees. Street trees, of a species and size approved by the review authority, shall be planted at a minimum of 30-foot intervals along property frontages. Trees shall be a minimum of five feet in height and 24-inch base when planted.

E. Soil Testing and Preparation.

1. A soil test for horticultural suitability shall be required at the time of landscape installation in each landscaped area.

2. The soil shall be prepared and/or amended to be suitable for the plant materials to be installed.

F. Irrigation System Requirements. All landscaped areas shall include an automatic irrigation system, designed and installed in compliance with Chapter 18.170 CDC (Water Efficient Landscaping). [Ord. 12-4. DC 2012 § 122-446].

A. Maintenance Required. All landscaping shall be permanently maintained in a healthy and thriving condition at all times, in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the original approved design or upgraded to reflect current best practices for water efficiency. Regular maintenance shall include:

1. Adjusting, checking, and repairing irrigation equipment; resetting automatic controllers; aerating and de-thatching turf areas; adding/replenishing fertilizer, mulch, soil amendments; insect control; the replacement of dead or diseased plants; pruning; watering; and weeding all landscaped areas;

2. The trimming of vegetation as necessary to maintain the effective functioning of solar energy facilities and passive solar design features installed both on site and on adjacent properties; and

3. The trimming of vegetation as necessary to keep pedestrian and bicycle paths clear.

B. Water Waste Prohibited. Water waste in existing development resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, roadways, structures, or walks shall be prohibited. [Ord. 12-4. DC 2012 § 122-447].

The purpose of this chapter is to meet the requirements of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations and Section 65595 of the California Government Code, in accord with Governor’s Executive Order Number B-29-15 adopted on April 1, 2015. This chapter encourages water conservation through the use of water efficient landscaping design and irrigation practices consistent with the requirements of the state of California. [Ord. 16-1 § 3 (Exh. A); Ord. 12-4. DC 2012 § 122-471].

The Model Water Efficient Landscape Ordinance of the state of California, as contained in the California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance, and as amended from time to time by the state of California, is hereby adopted by reference as the water efficient landscaping ordinance of the city of Concord. A copy of the California State Model Water Efficient Landscaping Ordinance has been filed with the city clerk and the ordinance is adopted by reference as if incorporated and set out in full in this chapter. [Ord. 16-1 § 3 (Exh. A)].

Proposed landscape and irrigation plans shall comply with all requirements of the stormwater control plan (C.3) and the National Pollutant Discharge Elimination System (NPDES) intended to implement stormwater best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration. [Ord. 16-1 § 3 (Exh. A); Ord. 12-4. DC 2012 § 122-480. Formerly 18.170.100].

Every application for a development project that creates, adds, or replaces any existing impervious surface that meets or exceeds the stormwater treatment threshold of the NPDES permit in force at the time shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C.3 Guidebook. Otherwise the application shall comply with Chapter 16.05 CMC, Stormwater Management and Discharge Control. [Ord. 12-4. DC 2012 § 122-503].

The purpose of this chapter is to regulate the placement, type, size, number, design and maintenance of signs allowed in the city in order to promote and enhance the aesthetic qualities of the city, and to provide minimum standards to safeguard life, health, property and public welfare. These regulations are adopted consistent with the requirements of California Government Code Section 65000 et seq. and Sections 38774, 38775 and 65850(b), Business and Professions Code Sections 5200 and 5490 et seq., Civil Code Section 713, and other applicable state laws. [Ord. 12-4. DC 2012 § 122-532].

A. The requirements of this chapter shall apply to all signs in all zoning districts.

B. The provisions of this chapter do not regulate the message content of a sign (sign copy), regardless of whether the message content is commercial or noncommercial.

C. Terms used in this chapter are defined in CDC 18.20.030 (Definitions) under the subheading “Sign-Related Terms.” [Ord. 12-4. DC 2012 § 122-533].

No sign shall be constructed, installed, or modified, unless a building permit and sign program or master sign program has been approved in compliance with this chapter or the sign is exempt from the permit requirements under CDC 18.180.070 (Exempt signs).

A. A building permit for a sign shall constitute a sign permit, if a building permit is required. If a building permit is not required and the sign is not exempt from the permit requirements of this chapter, design and site review shall be required.

B. Compliance with Standards and Permit Required. No building permit for a sign shall be approved for an existing or proposed sign unless the sign is in compliance with all applicable requirements of this chapter. All signs shall comply with any approved sign plan or master sign program. After approval of a permit each sign shall comply with the permit. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-534].

The review authority for sign plans and master sign programs shall be as follows:

A. Design and site review approval shall be required for all sign plans and master sign programs.

B. The planning division shall be the review authority for all signs, sign plans, and master sign programs, except to the extent a conditional use permit is required pursuant to CDC 18.180.060(A)(3) in which case the review authority shall be either the planning commission or city council under subsection (F) of this section.

C. The planning division may approve a sign plan with a total of 25 percent more sign area than required by this section when the planning division finds that the additional sign area is appropriate, results in an improved design, and is in accordance with the design criteria in CDC 18.180.140.

D. The planning division may approve master sign programs with up to a 25 percent deviation from the requirements in this chapter, including total sign area allowed, size, height, number of signs and sign locations, after finding that the deviations result in an improved design.

E. The planning division or design review board may refer any master sign program with or without deviations from the requirements of this chapter to the planning commission for a decision.

F. The planning division shall refer any master sign program to the planning commission when it is associated with another planning permit that requires review and approval by the planning commission and to the city council when it is associated with another planning permit that requires review and approval by the city council.

G. The review authority may require conditions of approval that are reasonable and necessary to achieve the purposes of this chapter. [Ord. 16-6 § 1 (Exh. A); Ord. 13-5; Ord. 12-4. DC 2012 § 122-535].

A sign plan shall be required for sites with two to five signs, unless a master sign program is required by this chapter. The purpose of the sign plan is to ensure that the placement, design, materials, size, and other features of all signs on a single site, center, or similar development with multiple parcels are consistent and comply with the design standards (CDC 18.180.140) in this chapter and any city approved design guidelines. The sign plan may be approved administratively, with or without review by the design review board, as appropriate. The information submitted with an application for a sign plan shall be detailed enough to identify the location, size, and type of all existing and future signage. The application shall be accompanied by the information identified in the sign plan application checklist, on file with the planning division, and all applicable fees in accordance with the city’s fee schedule. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-536].

A master sign program (MSP) shall be required for any business or site with six or more signs. An MSP shall be required as described in subsections (A)(1) through (6) of this section. The purpose of an MSP is to integrate all signs into a project’s design to achieve a unified architectural statement. An MSP provides a means for the flexible application of sign regulations for sites with multiple signs and multi-tenant projects in order to encourage creativity and provide incentives to achieve, not circumvent, the intent of this chapter. Any aspect of proposed signage that is not addressed in the MSP shall be in compliance with this chapter.

A. Required. A master sign program shall be required for all of the following:

1. Multi-tenant centers, buildings, or developments with six or more separate tenant spaces that share the same parcel, building or structure, or use common access and parking facilities, public spaces, and landscaping, such as multi-tenant commercial and office buildings, shopping centers, office parks, and mixed-use developments;

2. Major rehabilitation or additions to existing nonresidential projects with five or more tenants, that involve construction or renovation of more than 25,000 square feet or 50 percent or more of the exterior of the building, or 25 percent of the existing signs on the site within a 12-month period, whichever is less. For the purposes of this chapter, major rehabilitation means adding or remodeling 50 percent of the gross floor area of the structures, or exterior redesign of more than 25 percent of any facade within the project;

3. Pylon Signs. An applicant that seeks approval of a master sign program that includes any freeway oriented pylon sign(s) shall obtain approval of a use permit for said master sign program by the planning commission (or the city council pursuant to CDC 18.180.040(F)). Pylon sign(s) may only be permitted if all of the following findings are made:

a. The general findings under CDC 18.435.060.

b. The pylon sign(s) must be part of a master sign program under subsection (A)(1) of this section.

c. The pylon sign(s) must serve a multi-tenant regional retail center development (with three or more separate tenant spaces) that consists of a minimum of 300,000 square feet of retail and similar commercial uses directly abutting Interstate 680.

d. The pylon sign(s) satisfy the definition of “pylon sign” under CDC 18.20.030 (Definitions) under “Sign-Related Terms.”

e. The pylon sign(s) are of appropriate size, scale, and design for the area in which it will be located.

f. The pylon sign(s) are of high quality in appearance, design, and construction, and will be subject to conditions, as appropriate, governing its design and operation.

g. The pylon sign(s) will not contribute to significant visual blight or clutter, and will not significantly degrade the visual quality of the area in which it will be located.

h. There shall be no more than one pylon sign per each 400 feet of freeway frontage, taking into account the total freeway frontage of all parcels within the multi-tenant regional retail center development where the pylon sign(s) will be located; if this calculation results in less than a whole number then numbers shall be rounded down (e.g., 1,560 feet divided by 400 feet = 3.9, then only three pylon signs would be allowed).

i. No pylon sign(s) shall significantly impair public safety.

j. Any pylon sign may only be used to advertise the name of the business, type of business, or product manufactured, presented or sold on the premises by such person, firm, or corporation occupying the multi-tenant regional retail center development where the pylon sign(s) are located, and, upon advance written demand of the city, and to the extent allowed by law, to publicize city-run or city-sponsored events (or certain designated partners) and/or disseminate city of Concord news, traffic/safety/security announcements, and similar civic information and public service announcements.

k. The pylon sign(s) shall satisfy applicable requirements of the Outdoor Advertising Act (Business and Professions Code Sections 5200 through 5486, inclusive), as amended from time to time.

l. The pylon sign(s) shall satisfy applicable California Department of Transportation standards for freeway-oriented signs, as amended from time to time.

m. No pylon sign shall violate the provisions of CDC 18.180.080 (Prohibited signs).

n. The pylon sign(s) approved as part of the master sign program shall be built in a perpendicular manner (as is feasible based on site constraints in order to best maximize sign visibility) to the freeway and shall not be required to face any other public streets.

o. The parties (city and pylon sign applicant) shall have executed a license agreement addressing the terms and conditions of any approved electronic message display signs, including but not limited to message cycling, light intensity, and one-time license fees to be paid to the city. The terms and conditions of such license agreement are subject to the approval of the city manager and the city attorney, with the final agreement to be submitted to the city council for consideration;

4. Freeway-oriented wall signs that meet the standards under CDC 18.180.130 (Standards for specific sign types);

5. When the planning division determines that a master sign program shall be required for a project due to special circumstances (e.g., the number or size of signs proposed, size or location of the project, or constrained visibility of the site relative to freeways, etc.);

6. A master sign program shall not be required for multi-tenant office buildings or business park developments where the proposed signage is limited to building identification signs and tenant identification signs as permitted in Table 18.180.110.

B. Required Information. An application for an MSP shall include an explanation of all modifications to the standards or regulations required by this chapter, along with an explanation describing how these modifications would result in a superior design. A master sign program shall include all of the following:

1. Detailed text describing all permitted tenant signs, including the location, type, and size of signs for each frontage type; and center identification signs;

2. Drawings showing all of the permitted options for the type and placement of each sign indicating the font style, letter size, colors, materials, and method of construction;

3. Provisions for logos;

4. Methods of illumination;

5. Materials;

6. Construction details; and

7. Criteria for tenants and approval process for future signs.

C. Consideration. A master sign program shall be evaluated based upon the following criteria:

1. Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Consideration shall be given to the purpose of the signs, the sign locations relative to traffic movement and access points, site features, structures, and sign orientation relative to viewing distances and viewing angles. In commercial centers where some tenants have little or no street visibility, wall signs may be allowed on walls of the building that are not directly over the space occupied by those tenants.

2. Quantity. The number of signs within any development shall be no greater than that required to provide project identification, business identification, entry signs, and directional and informational signs for internal circulation and access. Consideration shall be given to the size of the development, the layout of the site, and the hierarchy of signs.

3. Size. Signs shall not be larger than necessary for visibility and readability. Considerations for determining appropriate size shall include topography, volume and speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style, and the presence of distractive influences.

4. Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style, or the use of a consistent lettering style or copy.

5. Illumination. Illumination shall be in conformance with this chapter.

6. Context. All MSPs shall respect the context of the surrounding area and the character established by the proposed signage. Consideration shall be given to lettering style, sign placement, lighting, and architectural style.

D. Lessees to Be Informed of Master Sign Program. The MSP requirements and the tenant’s responsibility to comply with the approved MSP shall be incorporated into all tenant leases. [Ord. 16-6 § 1 (Exh. A); Ord. 13-5; Ord. 12-4. DC 2012 § 122-537].

The following signs are allowed without a permit or master sign program, provided they meet the requirements of this chapter, CDC 18.180.090 (General requirements for all permanent signs) and all other applicable permit requirements (e.g., building, electrical, plumbing, grading, encroachment).

A. Exempt Signs with No Limitations.

1. Governmental or Other Regulatory Signs. Signs primarily installed by the city, county, state, or federal governmental agency including:

a. Directional, warning, or informational signs or structures required or authorized by the city, including official traffic and directional signs; and construction zone signs;

b. Emergency warning signs;

c. Signs showing the location of public or quasi-public facilities;

d. Signs placed by a governmental agency for the purpose of announcing events or transmitting community information; and

e. Legal notices, licenses, permits, posting, or similar signs placed by, or required by, a governmental agency for the purpose of protecting the public health, safety, and general welfare of the city.

2. Historical Markers. Identification signs, tablets and plaques, installed by the city or local historical organization, including names and dates of buildings, consistent with the building code or other provisions of the Concord Municipal Code or development code;

3. Lottery Signs. Signs and advertising for the California state lottery as authorized by California Government Code Section 8880 et seq.;

4. Street address signs; and

5. Utility Signs. Noncommercial utility company signs identifying cables and conduits.

B. Exempt Signs with Limitations. The following signs are allowed without a permit or master sign program, provided they meet the following size, height, duration, and/or other limitations, and meet any applicable requirements of this chapter, CDC 18.180.090 (General requirements for all permanent signs) and any other applicable permit requirements (e.g., building, electrical, plumbing, grading, encroachment):

1. Construction Signs. Signs on property undergoing construction or remodeling as follows:

a. In single-family or low density residential districts, a maximum of 12 square feet.

b. In all other districts, a maximum of 40 square feet.

2. Such signs shall be removed within 30 days of the first of the following events: final building inspection; issuance of a certificate of occupancy; opening for business to the public; or expiration of the building permit. Such signs shall not be illuminated.

3. Directional Signs. On-site directional signs, such as exit, entrance, or other on-site traffic directional signs, as follows:

a. The maximum height shall be four feet;

b. The maximum size shall be six square feet;

c. No identification, advertising, or message other than for traffic direction shall be displayed; and

d. No more than one sign per entryway.

4. Political Signs. Notwithstanding anything to the contrary contained in this chapter, the following provisions shall apply only to political signs erected out-of-doors. With the exception of this subsection, nothing in this chapter shall apply to the regulation of political signs.

a. Placement.

i. No political sign shall be erected or maintained within the public right-of-way or upon any public property.

ii. No political sign shall be attached to any utility pole, public fence, tree, or any other post or object located in a public right-of-way.

iii. No political sign shall be erected in such a manner that it will, or reasonably may be expected to, obstruct the view of or conflict with any traffic sign, signal, or device. A political sign shall not be erected in such a manner that it will, or reasonably may be expected to, obstruct the view of pedestrian or vehicular traffic.

iv. No political sign shall be erected or maintained upon the property of another without first obtaining permission to do so from the owner or tenant of said property.

v. No political sign exceeding 32 square feet shall be erected or posted without first obtaining a no-fee building permit. Signs which, exclusive of supports, are made entirely of paper and/or cardboard not exceeding one-quarter inch in thickness are exempt from this requirement.

vi. It shall be unlawful and in violation of this section to deface, remove, alter, make additions to, or conceal a political sign without the consent of the candidate or, in the case of ballot measures, the sponsor of the particular ballot measure.

b. Removal.

i. Political signs shall be removed within 10 days after the election to which they relate. Political signs placed on behalf of candidates who have been successful in primary elections shall not remain posted for general election purposes.

ii. Removal of a political sign not posted in accordance with provisions of this section shall be the responsibility of the owner of the property upon which the sign is located.

iii. Political signs posted on public property or in the public right-of-way may be removed summarily by the building official or his designated representative.

iv. Signs removed during the election period shall be stored in the city corporation yard and may be destroyed by the city if not claimed within 15 days from the date notice is given to the candidate, candidate’s committee, or ballot measure committee that said signs have been removed. Any person claiming a sign so removed within the 15-day period shall be subject to a fee for the cost of removal and storage as may be established in the master fees and charges resolution for various municipal services.

v. Political signs on vacant parcels remaining more than 10 days after the election to which they relate shall be deemed abandoned and may be summarily removed and disposed of by the building official.

vi. Signs in violation of this section are subject to removal from private property by the building official with the prior consent of the property owner. A service charge shall be billed to the property owner for each occasion when the city removes a sign, as set forth in the city’s fee schedule.

vii. A reinspection fee, as set forth in the city’s fee schedule, shall be charged to the property owner for each billable occasion subsequent to the mailing or delivery of the original violation notice when a reinspection is made which reveals the continued existence of a violation on the parcel. A billable occasion exists when six or more calendar days have elapsed since the most recent inspection. A reinspection fee shall not be charged when a removal service charge has been paid.

c. The provisions of this section shall not apply to:

i. Political signs placed inside a building; or

ii. Political signs posted by a person or corporation licensed to erect and maintain commercial outdoor advertising signs and billboards; provided, that the sign or signs as posted are in a location and manner authorized or permitted under the provisions of the development code.

d. Violations – Penalties. Any person violating this section shall be guilty of an infraction and, if convicted of such infraction, shall be punishable by: (i) a fine not to exceed $100.00 for the first violation; (ii) a fine not to exceed $200.00 for the second violation within one year; and (iii) a fine not to exceed $500.00 for each additional violation within one year.

5. Real Estate Signs. Signs for sale, lease, or rental of subject property, for up to 30 days, as follows:

a. In single-family residential districts, one sign not exceeding four square feet. On weekends and holidays, signs to direct traffic to the subject property are allowed with a maximum of one sign per intersection. All signs shall be located outside the public right-of-way. The sign shall not be illuminated and no sign shall be left standing overnight.

b. In multifamily residential districts, one sign not exceeding 12 square feet.

c. In commercial, office, industrial, and mixed-use districts, one sign not exceeding 32 square feet. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-538].

The following types and locations of signs or advertising devices are prohibited, except where exempted by CDC 18.180.120, Temporary signs, or allowed by Table 18.180.110:

A. Abandoned signs;

B. Any sign not specifically in accordance with the provisions of this chapter;

C. Animated and moving signs, including human-powered signs, electronic message display signs (except to the extent permitted in connection with freeway oriented pylon sign(s) as part of a master sign program), and variable intensity, blinking, or flashing signs that emit a varying intensity of light or color, except for public service signs, such as time-temperature displays (which are not considered signs), and barber poles;

D. Brilliant Lights. Any sign with brilliant lighting that conflicts or interferes with traffic, both vehicular and pedestrian, from a public safety standpoint or affects adjacent properties, because of shape, design, color, or reflected light;

E. Exposed Raceways. Individual letters mounted on an exposed electrical raceway instead of being mounted directly on a building wall or with the raceway designed to be hidden by the design of the sign;

F. Fences. Signs attached to fences;

G. Freeway oriented signs, as follows:

1. The construction, relocation, or maintenance of off-premises freestanding signs within 660 feet, zero inches of any freeway is hereby prohibited, unless otherwise provided by the provisions of the Outdoor Advertising Act (Business and Professions Code Sections 5200 through 5486, inclusive).

2. The provisions of this subsection shall not apply to signs for any business or building that is located within 660 feet of any freeway; provided, that such signs conform to the requirements of Business and Professions Code Section 5405(a) (the Outdoor Advertising Act), and are oriented to the local street system and not to be viewed primarily from the freeway (except to the extent located at a multi-tenant regional retail center development (with three or more separate tenant spaces) that consists of a minimum of 300,000 square feet directly abutting Interstate 680 and approved as part of a master sign program, in which case both pylon sign(s) and wall sign(s) on the exterior facade(s) of buildings may be freeway oriented); and further provided, that the sign(s) are limited to the name of the business, type of business, or product manufactured, presented or sold on the premises by such person, firm, or corporation occupying the building or site where the sign(s) are located; or a sign not exceeding six square feet pertaining only to the lease, hire, sale, or display of the building or premises where the sign is located; or a pylon sign(s) and/or wall sign(s) approved as part of a master sign program pursuant to CDC 18.180.060;

H. Light Standards. Signs attached to light standards, unless part of a master sign program;

I. Obscene Matter. Any advertising structure or sign, with any statement or words of an obscene, indecent, or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or which is of indecent or immoral character;

J. Off-site signs, except as otherwise permitted, including:

1. Billboards or other outdoor advertising structures; or

2. Signs affixed to vehicles or trailers that advertise or promote a business that are not parked in areas provided for vehicle storage, or are not parked adjacent to the business, or are parked in parking lots longer than necessary;

K. Pole signs;

L. Public Rights-of-Way. Signs placed in public rights-of-way or affixed to an element or structure in the public rights-of-way, or on a publicly owned tree, fence, utility pole or otherwise posted on public property, except where required by a governmental agency as allowed in CDC 18.180.070;

M. Rapid Transit Right-of-Way. Signs in rapid transit right-of-way or oriented strictly towards the rapid transit rights-of-way;

N. Roof Signs. Signs painted or mounted on roofs or placed above the roofline (except as specifically allowed in this chapter);

O. Temporary and portable signs, except as specifically allowed in this chapter, including the following:

1. Flags;

2. Inflatable balloon objects, animals, or signs, including balloon strings, and other devices made of a flexible material and filled with air;

3. Pennants and streamers, except in conjunction with an athletic event, or approved carnival, circus, or fair; or

4. Portable signs, including flags, feather signs, and A-frame signs, except real estate signs;

P. All on-site or off-site commercial signs are prohibited for commercial cannabis businesses with the exception of storefront retailers, which are allowed one sign for identification purposes that may only contain the name of the business. On-site or off-site signage, advertising, or depiction of any paraphernalia, prohibited substances, cannabis products, cannabis uses (including but not limited to personal and commercial cultivation, manufacturer, testing laboratory, distributor, delivery), and/or any other uses or activities for which the state of California issues cannabis licenses, with the exception of storefront retailer, are prohibited; and

Q. All commercial signs advertising or depicting any use or activity which is prohibited by local, state, or federal law. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 16-6 § 1 (Exh. A); Ord. 13-5; Ord. 12-4. DC 2012 § 122-539].

A. Sign Area Measurement. The measurement of sign area shall be computed by multiplying the height times the length of the cabinet or frame of the sign, including all sign faces and structural or decorative frames, as follows:

1. Surface Area.

a. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display area within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 18.180.090(A) (Sign Area Measurement); or

b. Signs consisting of painted or cutout letters not boxed or framed shall be calculated by one simple rectilinear figure that contains all of the lettering and any logos.

2. Sign Structure. Supporting bracing or framing that is clearly incidental to the display itself shall not be computed as sign area, unless said members are finished to attract attention by color, lighting, etc.

3. Double-Faced Freestanding Signs. Computed on one surface area only, including all structural or decorative frames.

4. Multi-Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces, except that if the two sides are of equal size and within five degrees of parallel, the area of one sign face shall be considered to be the area of the sign.

5. Decorative Lighting. Permanently installed illuminated panels, visible tubing, and strings of lights outlining all or a portion of a structure, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed “signs” subject to this chapter and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least six inches for the purpose of area calculation.

FIGURE 18.180.090(A) – SIGN AREA MEASUREMENT

B. Freestanding Sign Height Measurement. Sign height shall be measured as the vertical distance from the lowest point of the base of the sign at normal grade to the top of the highest attached component of the sign. See Figure 18.180.090(B) (Sign Height).

1. Normal Grade. Normal grade shall be construed to be the lower of either the:

a. Existing grade before construction; or

b. Newly established grade after construction, exclusive of any berming, filling, mounding, or excavating solely for the purpose of locating the sign.

2. Where Normal Grade Cannot Be Determined. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of the adjacent public street or the grade of the land at the principal entrance to the site, whichever is lower, mounding or excavating solely for the purpose of locating the sign.

FIGURE 18.180.090(B) – SIGN HEIGHT

C. General Location Requirements.

1. Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by this chapter.

2. Each sign shall comply with the setback requirements of this chapter.

3. No sign shall be placed so as to interfere with the operation of a door or window. Signs should not be located so that they cover prominent architectural features of the building.

D. Clearance from Public Utility Facilities. All signs shall maintain any legally required clearance from communications and electric facilities. A sign shall not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with a rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities. Specifically, all signs shall maintain the minimum clearances from energized power lines as provided in Rule 39 of the California Public Utilities Commission Rules for Overhead Electric Line Construction.

E. Interference with Motorist Field of Vision.

1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs. No sign shall be located as to create a hazard to the life or property of any person using the public right-of-way.

2. Signs shall not be located in the site visibility triangle.

F. Maintenance Requirements. Every sign and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other nonmaintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the city. Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such.

G. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be painted and restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance. [Ord. 12-4. DC 2012 § 122-540].

Each sign shall comply with the standards for sign type, area, placement, and height, provided by this section or the provisions of CDC 18.180.110 (Sign regulations for specific uses). Regulations listed below based upon zoning district, use, and type of sign.

A. Exceptions. A master sign program may allow deviations from the requirements of this section in compliance with CDC 18.180.060.

B. Setback Requirement for Freestanding Signs. All freestanding signs shall be set back a minimum of five feet from a dedicated public right-of-way, except where a different setback is specified for a specific sign type.

C. Criteria Used in Table 18.180.100.

1. Total Sign Area. The total sign area allowed is the collective area (square feet) allowed for all signage. The total area may be distributed among all of the signs permitted for that project or use. As an example, the total allowed area for signs for a particular project may be distributed among the attached wall signs, awnings, and freestanding signs, except where otherwise noted.

2. Sign Area Allowance. Allowable sign area is either a set square footage per establishment (i.e., eight square feet per building) or a ratio of allowable sign area to primary building frontage and/or building area (i.e., one square foot (sf) of sign per lineal foot (lf) of primary building frontage, or one square foot per 100 square feet of building area).

3. Signs on Corner Lots. Sign area for buildings located on corner lots shall be determined based on the building frontage of the address and shall not be based on where the entrance of the building is located.

D. Allowable Sign Area. The sign regulations in Table 18.180.100 are listed by zoning district except for mixed-use districts where there is a different standard for residential uses and nonresidential uses. The total sign area allowed shall include all permanent signs (attached and freestanding), except where otherwise approved by a master sign program or as permitted in Table 18.180.110.

[Ord. 12-5; Ord. 12-4. DC 2012 § 122-541].

Table 18.180.110 identifies sign standards for specific land uses, including new automobile dealerships, theaters, drive-in and drive-through uses, and service stations. Where the provisions in this section are different than the provisions in Table 18.180.100, the regulations in Table 18.180.110 shall prevail. This section is intended to recognize several factors:

A. Different land use categories have different requirements for signage;

B. A single district may allow multiple uses that have different requirements, particularly the mixed-use districts;

C. Allowing uses with a lesser need for signage visibility (manufacturing or warehouse) the same signage allowed for uses with a greater need for visibility (retail) that are permitted in the same zoning district can create unnecessary and excessive signage; and

D. Land uses that are legal nonconforming could be jeopardized if they are not allowed signs appropriate to their actual use but are instead confined to signage appropriate only to conforming uses.

E. Exceptions. A master sign program may allow deviations from the requirements of this section in compliance with CDC 18.180.060 (Master sign programs).

Notes:

1.    Sign plans and master sign programs require design and site review permit approval.

2.    Sites with two to five signs require a sign plan and sites with six or more signs require a master sign program.

3.    Design and site review applications for sign plans and master sign programs may be approved administratively for signs that meet the above requirements.

4.    Staff may approve deviations to the above requirements up to 25 percent of the requirements.

5.    Staff may refer a sign plan or master sign program to the design review board, to assure compliance with the design standards in the development code or design guidelines.

6.    Sign proposals that deviate more than 25 percent total (area, height, or number of signs) shall be approved by the design review board and may be referred to the planning commission for approval.

[Ord. 16-6 § 1 (Exh. A); Ord. 13-5; Ord. 12-4. DC 2012 § 122-542].

This section describes standards for temporary on-site signs, except for temporary signs allowed for new automobile dealers (see Table 18.180.110). All temporary signs require an administrative permit (temporary sign permit) prior to their establishment. Temporary signs may include, but are not limited to, commercial signs for grand openings or for special product, sale, or event advertising. All temporary signs shall comply with the following:

A. Allowable Temporary Signs.

1. A-Frame Signs for Sidewalk Cafes in the Downtown. There shall be no maximum time limit for A-frame signs in the downtown.

2. Banner Signs. Banners for grand openings or special events shall be allowed for a maximum period of 30 days. No other temporary sign shall be permitted within 150 days of such removal.

3. Inflatable or Balloon Signs. Inflatable or balloon signs may be allowed at new automobile dealerships subject to the following:

a. A maximum of one inflatable or balloon sign shall be allowed per automobile dealership;

b. The inflatable or balloon sign shall be allowed a maximum of 10 days per year;

c. The sign shall be securely mounted on the roof of a building or to the ground; and

d. An administrative permit and a building permit shall be required prior to installation of the sign.

4. On-Site Subdivision Signs.

a. Signs in the model home area and across the entire subdivision shall not exceed a total aggregate area of 200 square feet; and

b. All subdivision signs shall be removed within 15 days after all lots in the subdivision are sold. The city may require the subdivider or developer to submit a performance deposit or other form of security to ensure compliance with the standards of this subsection.

5. Off-Site Subdivision Signs. Subdivision directional signs are allowed to direct the traffic to new residential subdivisions in a manner that minimizes visual clutter, reduces unnecessary traffic through established neighborhoods, and provides an orderly, attractive, high-quality image of the city, as follows:

a. Location. Signs shall be located outside of the clear vision triangle and within the buildable area of the lot as defined by the setback regulations of the applicable zoning district. Signs shall only be allowed on streets with four travel lanes or more and shall be located a minimum of 75 feet from any other freestanding sign;

b. Height. The maximum height of the kiosk shall be 15 feet;

c. Area. The maximum area of one face of the sign shall be 20 square feet;

d. Number of Faces. Directional signs may have up to three with the angle between the faces no more than 90 degrees; and

e. Illumination. Directional signs may not be illuminated.

6. Illumination. Temporary signs shall not be illuminated.

7. Materials. All temporary signs shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed. [Ord. 12-4. DC 2012 § 122-543].

In addition to the sign requirements in CDC 18.180.090, 18.180.100, 18.180.110, and 18.180.120, the following requirements shall apply to the specific sign types:

A. A-Frame Signs. Allowed only at sidewalk cafes in the downtown. See CDC 18.200.190 (Sidewalk cafes and outdoor eating areas). A-frame signs shall conform to the following requirements:

1. No more than one A-frame sign per street frontage shall be allowed.

2. Each sign shall not exceed a width of 30 inches nor a height of 48 inches.

3. A-frame signs shall be placed so that they do not:

a. Obstruct required ADA sidewalk clearance;

b. Impede any line of sight for motorists or bicyclists at public street intersections; or

c. Interfere with people exiting or entering parked cars.

4. The signs shall be stabilized to withstand wind gusts or shall be removed during windy conditions.

B. Area Identification Signs. Area identification signs shall be allowed for any identifiable area, as defined in CDC 18.20.030 (Definitions) and shall conform to the following requirements:

1. The sign design, including the structural materials, shall be compatible with and complementary to the structure or area being identified; and

2. The sign base shall be located within a planter box or planting area, the design and location of which is to be approved by the planning division.

C. Awning Signs. Awning signs shall conform to the following requirements:

1. Signs on awnings shall be limited to ground level or second story occupancies only; and

2. Awnings shall not be illuminated unless they are the main sign for the establishment. Only direct exterior lighting shall be allowed; internal illumination shall be prohibited.

D. Changeable Copy Signs. Changeable copy signs shall conform to the following requirements:

1. Area Allowed. The maximum area for changeable copy signs, except for theaters as approved by the review authority, shall be 20 square feet.

2. Sign Type. Only manual changeable copy signs shall be permitted in the city. Electronic changeable copy signs (e.g., electronic reader boards) shall be prohibited except for community service signs.

E. Community Interest Group Signs. Community interest group signs (e.g., fraternal, benevolent, social services, religious organizations) shall conform to the following requirements:

1. Prior to the installation of any such structures, the planning division shall review and approve the size, height, width, and general design as in keeping with the standards set forth as follows:

a. All composite signs shall be low profile, not exceeding six feet in height;

b. The maximum sign size shall not exceed 32 square feet; the maximum dimensions are not to exceed 10 feet, zero inches;

c. The sign base shall be architecturally designed and located in a landscaped island; and

d. The location of the sign shall be erected so as not to block clear line of sight of approaching automobiles or pedestrians.

2. Only one of each such sign shall be permitted at each main entrance to the city, including Bailey Road, Clayton Road, Concord Avenue, Cowell Road, Kirker Pass Road, Monument Boulevard, Oak Grove Road, Pt. Chicago Highway, Solano Way, Treat Boulevard, Willow Pass Road, and Ygnacio Valley Road.

F. Directional Signs (On-Site). On-site directional signs shall conform to the following requirements:

1. One directional sign shall be allowed per driveway or service entrance.

2. Each directional sign shall be set back a minimum of five feet from a public right-of-way.

3. The maximum area of each directional sign shall be six square feet. A larger sign may be allowed by the planning division and city engineer based upon unique site or project characteristics.

G. Directory Signs (On-Site). On-site directory signs shall conform to the following requirements:

1. One attached directory sign shall be permitted per building frontage. Additional signs may be allowed by the planning division if a health and safety need is demonstrated.

2. Freestanding directory signs no more than 30 inches in height and four square feet shall be allowed and shall not count towards the allowed signage for the site; larger signs shall count towards the allowed signage.

H. Projecting or Shingle Signs. Projecting signs shall conform to the following requirements:

1. Area to be computed on one surface area only.

2. The sign projection shall not extend more than three feet from the building to which it is attached.

3. The lowest point of the sign shall be eight feet above grade.

4. The top of the sign shall not exceed the lesser of 14 feet, eave height, parapet height, or sill height of a second floor window. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

5. The projecting sign shall be erected in such a manner so as not to create a traffic hazard to vehicles or pedestrians.

6. The sign shall be suspended with a clear space of at least six inches between the sign and the building.

7. Sign supports and brackets shall be compatible with the design and scale of the sign and building design.

I. Under-Canopy Signs. Suspended under-canopy signs shall conform to the following requirements:

1. Under-canopy signs shall have a maximum area of five square feet.

2. The lowest point of the sign shall be eight feet above grade.

3. The sign shall be suspended with a clear space of at least six inches between the sign and the building.

4. Sign supports and brackets shall be compatible with the design and scale of the sign and building design.

J. Roof Signs. Where permitted, roof signs shall conform to the following requirements:

1. Roof signs shall only be permitted on single-story buildings;

2. Signs shall only consist of individually mounted cut-out letters or symbols or be mounted on a vertical surface that is a part of the roof’s structural design;

3. For individual letter signs, the distance from the top of the sign to the ridge of the roof shall be equal to, or greater than, the distance from the bottom of the sign to the eave line;

4. Signs shall be mounted back from the outside edge of the fascia or eave of the roof as approved by the design review board;

5. Signs shall be parallel with store front;

6. Spotlights and luminaires for indirect illumination of the sign shall be screened from direct view; and

7. Structural support for signs shall be unobtrusive. Struts, braces, and guy wires shall not be visible by pedestrians and passing traffic.

K. Freestanding Signs. Freestanding signs shall conform to the following requirements:

1. Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary freestanding sign would also include brick.

2. Landscaping shall be provided at the base of the sign. At a minimum, landscape area shall be equal to the area of the sign. Landscaping shall be complementary to the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way.

3. Freestanding signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The planning division may reduce this requirement where the locations of existing signs on adjacent properties make this standard impractical or there is no other alternative.

4. All freestanding signs shall be set back a minimum of five feet from a public right-of-way.

L. Murals. A mural without text visible from the public right-of-way shall not count towards the allowed signage on a property; a mural with text visible from the public right-of-way shall comply with the sign area limitations applicable to the site. The mural shall be provided with a graffiti-resistant coating at the time of installation.

M. Skyline Signs. Skyline signs shall conform to the following requirements:

1. Each skyline sign shall be designed as an integral part of the building design and placed on a permanent architectural element which has been designed to accommodate a sign.

2. Skyline signs may be internally or externally illuminated.

N. Wall Signs. Wall signs shall conform to the following requirements:

1. Wall signs shall be compatible with the predominant visual architectural elements of the building facade.

2. Wall signs shall not project more than 12 inches from the building facade.

3. Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building.

4. Channel letters, reverse channel letters, and pushpin letters are preferred in place of can signs.

5. Signs containing multiple elements (e.g., logo and text) on one facade shall be designed so that the multiple elements are located and scaled in relationship to each other.

6. Tenant (name) signage (including logos) of those businesses occupying a multi-tenant regional retail center development that is at least 300,000 square feet shall be permitted to be placed on the rear fascia of the buildings immediately adjacent to the freeway. Such signage shall be approved as part of the approval of the master sign program. In addition, businesses occupying said multi-tenant regional retail center development may advertise (utilizing stationary advertising locations as identified in the approved master sign program) those products manufactured or sold or presented on the premises.

7. For those businesses occupying a multi-tenant regional retail center development that is at least 300,000 square feet, which are located in a corner building of said center, may be allowed to have three building top fascia signs, one on each of the building elevations. Buildings larger than 20,000 square feet in said center, and located in a corner building, may be allowed to have secondary signage (lower than the building top fascia signage) on each elevation of the building and such signage may display the name or type of the business or product being offered or housed in the building. Such signage shall be approved as part of the master sign program.

O. Window Signs. Window signs shall conform to the following requirements:

1. Window signs shall be allowed only on windows located on the ground level and second story of a structure.

2. Paper or printed signs shall not cover more than 10 percent of all window area, and the signs shall not exceed 50 percent of any single window pane.

3. Window signs shall consist of individual letters, logos, or symbols applied to, stenciled on, or etched into the glass surface, except that neon signs with transparent backgrounds may be hung inside the window glass. [Ord. 16-6 § 1 (Exh. A); Amended during 2014 recodification; Ord. 13-5; Ord. 12-4. DC 2012 § 122-544].

The following design criteria shall be used to evaluate all applications for sign permits or master sign programs. Signs shall be substantially conforming to each of the following, as applicable:

A. Design Compatibility with Building. Signs shall be compatible with the architectural style of the primary building or buildings upon the site where the sign is located.

B. Design Compatibility with Adjoining Development. Signs shall consider compatibility with surrounding development, especially adjoining residential neighborhoods.

C. Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the other structures on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the structure colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

D. Sign Illumination. The illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights-of-way and properties. The following requirements shall apply to all illuminated signs:

1. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign;

2. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties or streets in direct line of sight to the sign;

3. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices; and

4. Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations.

E. Construction Requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:

1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.

2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.

3. All freestanding signs that incorporate lighting shall have underground utility service. [Ord. 12-4. DC 2012 § 122-545].

This section describes the policies and procedures for addressing signs that do not conform to the requirements of this chapter (nonconforming signs) and signs that have been abandoned.

A. Nonconforming Signs.

1. Except as otherwise provided by this section, all existing signs which do not meet the requirements of this chapter shall be deemed nonconforming signs.

2. A legally established sign which fails to conform to this chapter shall be allowed to continue in use as follows:

a. Nonconforming signs shall not be expanded, moved, or relocated, other than to bring into a conforming standard;

b. Nonconforming signs and sign structures may be maintained and repaired, but the maintenance and repair shall not exceed 50 percent of the sign’s fair market value;

c. The sign copy and sign faces for nonconforming signs may be changed;

d. Other modifications/replacements of sign elements which constitute an improvement to an existing nonconforming sign may be allowed at the discretion of the planning division.

3. Signs in areas annexed to the city after the date of adoption of this chapter, which were legally erected in the county but do not conform to the provisions of this chapter, shall be regarded as nonconforming signs.

B. Abandoned and Poorly Maintained and Unsafe Signs.

1. Abandoned or Unsafe Signs.

a. Any sign, including its supporting structure, which no longer identifies activities currently associated with the site upon which it is located, or which otherwise fails to serve its original purpose, or is not maintained in a safe, presentable, and good condition, including the replacement of defective parts, painting, repainting, and cleaning, shall be removed by the owner of the property within 90 calendar days after written notice to do so from the city.

b. Any sign which the building division establishes as unsafe or insecure shall be corrected or removed, together with all supporting structures, by the owner of the property upon which the sign is located within 30 days after written notice by the building division.

c. After the periods specified in subsections (B)(1)(a) and (b) of this section, the city may cause such sign to be removed and the cost of such removal shall become a lien against the property.

d. If a hazardous condition exists, the condition shall be corrected immediately upon notice by the building division.

2. Noncommercial Signs.

a. Noncommercial signs not posted in accordance with provisions of this chapter shall be the responsibility of the owner of the property upon which the sign is located.

b. Noncommercial signs posted on public property or in the public right-of-way may be removed summarily by the city building official or his designated representative.

c. Signs removed during an election period shall be stored in the city corporation yard and may be destroyed by the city if not claimed within 15 days from the date notice is given to the candidate, candidate’s committee, or ballot measure committee that said signs have been removed. Any person claiming a sign so removed within the 15-day period shall be subject to a fee for the cost of removal and storage as may be established in the master fees and charges resolution for various municipal services.

d. Noncommercial signs on vacant parcels outside of an election period shall be deemed abandoned and may be summarily removed and disposed of by the city building official.

e. Noncommercial signs in violation of this chapter are subject to removal from private property by the city building official with the prior consent of the property owner. A service charge, as set forth in the master fees and charges resolution for various municipal services, shall be billed to the property owner for each occasion when such removal by the city is carried out.

f. A reinspection fee, as set forth in the master fees and charges resolution for various municipal services, shall be charged to the property owner for each billable occasion subsequent to the mailing (or delivery if the mail is not used) of the original violation notice when a reinspection is made which reveals the continued existence of a violation on the parcel. A billable occasion exists when six or more calendar days have elapsed since the most recent inspection. A reinspection fee shall not be charged for an occasion when a removal service charge has been paid. [Ord. 12-4. DC 2012 § 122-546].

It shall be unlawful for any person to violate any provision of, or to fail to comply with, any requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor punishable pursuant to CMC 1.05.230.

A. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed by him, and shall be punished accordingly.

B. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance. The city may summarily abate it as such. Each day such condition continues shall be regarded as a new and separate offense. [Ord. 12-4. DC 2012 § 122-547].

A. The purpose of this chapter is to facilitate and encourage the development of housing affordable to a broad range of households with varying income levels within the city. It is intended to implement the city’s general plan housing element policies and programs pertaining to providing housing to all economic segments, with specific focus on addressing the need for housing affordable to very low-, low-, and moderate-income households. In addition, this chapter is intended to ensure that at least a minimum percentage of units affordable to very low-, low-, and/or moderate-income households is included within new residential developments and that appropriate incentives are established to encourage the inclusion of affordable units beyond the stated minimum. This chapter is further intended to allow for density bonuses and related incentives consistent with state Density Bonus Law.

B. Terms referenced in this section are defined in CDC 18.20.030 under the subheading “Affordable Housing Definitions.” [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-576].

A. The provisions of this chapter apply to residential development projects. More specific applicability provisions are noted below:

1. CDC 18.185.040 (Inclusionary housing requirements) requires the inclusion of a minimum percentage of affordable housing units in all projects with five or more units, with the exception of projects noted in CDC 18.185.040(B). Alternative measures for compliance with this section, including, but not limited to, the payment of in-lieu fees or providing off-site affordable units are provided in the event that development of inclusionary units as part of the project is not feasible.

2. CDC 18.185.050 (Density bonus program) allows increased housing densities with a corresponding increase in affordable housing units consistent with state of California density bonus requirements.

3. CDC 18.185.060 (Affordable housing incentive program) includes incentives for projects incorporating affordable units and permits density bonuses above those provided under CDC 18.185.050, in accordance with the Concord housing element. CDC 18.185.060 is only applicable in specified districts where high-density multifamily housing and residential mixed-use development is permitted. The provisions of CDC 18.185.060 are intended as an alternative to those in CDC 18.185.050 for qualifying projects, and are not cumulative. Projects using the density bonus provisions of CDC 18.185.060 are not eligible for additional bonuses under CDC 18.185.050.

B. Affordable housing units are units which are specifically designated for very low-, low-, or moderate-income households.

C. The standards in this chapter are supplemental to, and supersede when in conflict with, the standards in the applicable districts in Division II of this title (Zoning Districts – Uses and Standards) and in other divisions of the development code, except that the provisions of Chapter 18.530 CDC (Nonconforming Uses, Structures, and Parcels) and Chapter 18.535 (Nonconforming Physical Improvements/Property Upgrades) shall apply in all cases. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-577].

A. The community development department shall be the review authority for residential development projects containing affordable housing units. All applications for density bonuses, concessions, incentives, and waivers shall be reviewed by the community development director.

B. Design and site review, as described in Chapter 18.415 CDC, is required, unless exempted under CDC 18.415.030, for all new affordable housing developments in all districts. This includes projects in which only a portion of the units are designated as affordable as well as those that are 100 percent affordable.

C. Projects containing affordable housing units are subject to all permit requirements and permitting procedures established by Division VII of this title (Permits and Permit Procedures). All predevelopment and public notice provisions established by that division shall apply.

D. The review authority for density bonuses and for the modifications to development standards identified in CDC 18.185.060 shall be the community development department. The review authority may deny a density bonus by making those findings required by state Density Bonus Law. Such denials are appealable to the city council. As indicated by Division VII of this title (Permits and Permit Procedures), planning commission and/or city council approval shall only be required where a use permit or major subdivision approval is required, where a decision is being appealed, or where actions related to financial incentives or agreements are included. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-578].

A. Applicability. The following requirements shall apply to all residential development projects of five or more units. No application for a general plan amendment, rezoning, tentative subdivision map, parcel map, use permit, design and site review, hillside development use permit, planned development use permit, or building permit for a new residential development project shall be approved, nor shall any such new residential development project be constructed or occupied, without compliance with this chapter, except as noted in subsection (B) of this section (Exemptions).

1. All residential ownership projects, including condominiums, and rental projects shall either include the minimum number of inclusionary units required under subsection (C) of this section (Required Number of Inclusionary Units), or provide an alternative means of compliance pursuant to subsection (D) of this section (Alternative Means of Compliance).

2. If inclusionary housing units are provided, an affordable housing agreement governing the number, size, and location of affordable units, and terms of their use, shall be required pursuant to CDC 18.185.070.

B. Exemptions. This chapter shall not apply to the following:

1. A residential project consisting solely of the construction of one to four single-family dwelling units; or

2. The reconstruction of any dwelling units that were destroyed by a fire, flood, earthquake, or other act of nature; or

3. A development project that is converting an existing office building that has been available for commercial uses for a minimum of five years to a residential use.

C. Required Number of Inclusionary Units.

1. Basic Requirement. The affordability and required number of inclusionary units to be provided shall vary depending upon the total number of dwelling units in the project in accordance with Table 18.185.040.

2. Density Bonus Units. Affordable units under Density Bonus Law and meeting the levels of affordability in Table 18.185.040 shall count toward meeting the number of inclusionary units required under this section.

3. Fractional Units. When the application of the percentages set forth above (15 percent for residential ownership and six percent for residential rental) results in a number that includes a fractional unit, the fraction shall be rounded up to the next whole number if the fraction is one-half or more. If the result includes a fraction below one-half, the developer shall have the option of either rounding up to the next whole number and providing an additional inclusionary unit, or paying an in-lieu fee calculated by multiplying the fractional unit amount by the in-lieu fee set forth by that resolution per subsection (D)(1) of this section.

4. Projects of Five to Nine Units. The developer of a residential project containing from five to nine units, inclusive, shall have the option of either providing one inclusionary unit or selecting an alternative means of compliance. If a developer selects to pay an in-lieu fee, the amount shall be in conformance with subsection (C)(3) (Fractional Units) of this section.

D. Alternative Means of Compliance. As an alternative to providing the required number of inclusionary units on site, a developer may select an alternative below to achieve compliance with this section.

1. In-Lieu Fees.

a. Amount. For residential rental projects, a fee may be paid in lieu of providing inclusionary units on site. For residential ownership projects, payment of the in-lieu fee is only allowed for fractional units and for projects comprised of five to nine units. The fee shall be set by resolution of the city council and shall be an amount sufficient to pay the proportionate cost of providing inclusionary units elsewhere in the city. The fee may be periodically reviewed and updated by the city.

b. Use. All fee revenues shall be deposited in a restricted fund dedicated for the development of housing affordable to very low-, low-, and/or moderate-income households. Fees may also be used for administration of city affordable housing programs and to administer fair housing requirements for affordable units.

c. Timing of Payment. In-lieu fees shall be paid prior to issuance of a building permit or as otherwise provided in the conditions of approval.

d. Purpose of In-Lieu Fees. Any in-lieu fee adopted by the city council is an alternative to the provision of on-site inclusionary units as otherwise required by subsection (C) of this section to ensure a more balanced housing supply for the general welfare of the public. The in-lieu fee may only be combined with providing inclusionary units on site when it is in lieu of providing a fractional unit below one-half.

2. Off-Site Alternatives.

a. As an alternative to the provision of on-site inclusionary units pursuant to this chapter, a developer for a residential project may propose a plan for providing affordable housing units at an off-site location within the city of Concord, as follows:

i. Acquire existing unrestricted multifamily units located elsewhere within the city and substantially rehabilitate those dwelling units. At least two rehabilitated dwelling units shall be provided for each inclusionary unit required pursuant to this chapter.

ii. Construct new affordable residential dwelling units. At least two new dwelling units shall be provided for each inclusionary unit required pursuant to this chapter.

b. Any new or rehabilitated dwelling units shall be regulated pursuant to an affordable housing agreement, as applicable, between the developer and the city pursuant to CDC 18.185.070 (Affordable housing agreements).

c. All off-site inclusionary units must be rehabilitated or constructed and occupied prior to or concurrently with the market-rate units for the related residential project. For phased residential projects, the required number of inclusionary units at each affordability level per phase shall be constructed and occupied in proportion to the total number of dwelling units in each phase of the project.

3. The developer may partner with a nonprofit affordable housing provider to meet its inclusionary housing obligations through one of the alternatives set forth in this subsection.

4. Authority to act on off-site alternative proposals shall rest with the final review authority regarding the underlying application.

E. Design Standards. The following design standards shall apply to all inclusionary units constructed pursuant to this chapter:

1. Inclusionary units shall be dispersed throughout the residential project and shall have access to all on-site amenities that are available to market-rate units.

2. The construction quality and exterior design of inclusionary units shall be the same as the market-rate units by including the same exterior materials, roof forms and pitches, window treatments, and landscaping. However, inclusionary units may be smaller in unit and lot size by 15 percent of the average square footage of the market-rate units and lot and have alternative interior finishes.

3. The average number of bedrooms for all inclusionary units must be equivalent to the average number of bedrooms for market-rate units within the same residential project. When the average bedroom count results in a fraction, rounding shall occur pursuant to CDC 18.10.050(H).

F. Timing of Construction and Occupancy. All inclusionary units must be constructed and occupied prior to or concurrently with the market-rate units within the same residential development project. For phased residential development projects, the required number of inclusionary units at each affordability level per phase shall be constructed and occupied in proportion to the total number of dwelling units in each phase of the project.

G. Development Incentives.

1. The city may grant one or more of the following affordable housing development incentives in order to mitigate the financial impact of this chapter’s requirements on a particular residential project:

a. Provision of housing set-aside funds, tax exempt financing, or other financial assistance, as approved by the city council.

b. A density bonus, incentive, concession, and/or waiver authorized pursuant to Density Bonus Law.

c. Modification of zoning or development standards as described in CDC 18.185.060 (Affordable housing incentive program) for projects seeking a density bonus above and beyond the inclusionary housing requirements, as negotiated with and approved by the city. Authority to act on a request for these development incentives shall rest with the final review authority regarding the underlying application.

d. Expedited processing of a development application and/or deferral of development fees, as authorized by the city manager or designee. The terms and payment schedule for any deferred development fees shall be subject to the approval of the city manager or designee and shall be incorporated into an affordable housing agreement. Fees shall not be deferred any later than occupancy of the first dwelling unit in the residential project.

2. No development incentive shall be provided by the city pursuant to this section unless the developer enters into an affordable housing agreement consistent with CDC 18.185.070.

H. Waivers or Adjustments. The city council may approve a reduction or waiver of the requirements of this chapter for residential projects which: (1) are the subject of a disposition and development agreement, owner participation agreement, acquisition agreement, or other arrangement with the city of Concord; and (2) are receiving assistance from the city of Concord, such as relocation of occupants, acquisitions and disposition of land for site assemblage, use of eminent domain, write-down of land costs, fee waivers, or other forms of direct city assistance. The city may also adjust or waive the requirements of this chapter if the developer demonstrates that its strict application would effect a taking of private property without just compensation or otherwise constitute a violation of the United States Constitution, California Constitution or other applicable federal or state laws. Any developer requesting a reduction or waiver must submit a pro forma and such other financial analysis sufficient to support a determination that the reduction or waiver is necessary to ensure the economic feasibility of the project. Consistent with its responsibilities under the Public Records Act, the city shall take reasonable steps to protect the confidentiality of any proprietary financial information submitted by the developer.

I. Allocation Priority. In the event that there exists a greater number of qualified persons than the number of available inclusionary units for any residential project subject to this chapter, then first priority for allocating available inclusionary units shall be given to qualified purchasers or renters who live or work within the city of Concord. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-579].

A. Purpose. The purpose of this chapter is to provide incentives for the production of housing for lower income households (which, as set forth in California Health and Safety Code Section 50079.5(b), includes very low- and extremely low-income households) and senior citizen households in accordance with Density Bonus Law. Density Bonus Law directs the city to provide density bonuses and/or other concessions or incentives under certain circumstances, in order to encourage the construction of low-income housing. Other concessions or incentives, for example, could include the reduction or waiver of permit fees and/or utility fees and/or the provision of financial assistance in constructing public improvements. Density Bonus Law also directs the city to adopt an ordinance specifying how the city will comply with these provisions.

B. Applicability. The city may grant a density bonus for projects meeting the requirements of Density Bonus Law.

C. Review Procedure.

1. The developer shall submit to the community development department all materials as required by the checklist.

2. The review authority shall evaluate the application based on the following criteria:

a. The potential for the density bonus project to achieve the city’s affordable housing goals as set forth in the housing element of the general plan;

b. The extent to which requested incentives or concessions are necessary to make the project economically feasible;

c. The compatibility of the project’s development pattern with other land uses in the vicinity; and

d. The project’s compliance with the city’s general plan, zoning, and development policies.

3. The review authority shall grant the incentives and concessions unless written findings can be made, based on substantial evidence, as specified in Density Bonus Law.

4. An executed affordable housing agreement is required for all residential developments for which a density bonus and/or incentives, concessions, or waivers of development standards have been approved prior to the issuance of a building permit. The agreement shall be filed and recorded as a deed restriction on the property. The city shall provide periodic monitoring of compliance with the provisions of the deed restriction. [Ord. 24-1 § 7 (Exh. B); Ord. 12-4. DC 2012 § 122-580].

A. Purpose. The purpose of the affordable housing incentive program is to provide incentives above and beyond those offered by the density bonus program in CDC 18.185.050 (Density bonus program) in order to encourage the development of affordable and mixed income housing, consistent with the Concord housing element. The development standards listed in this section modify those established in other applicable divisions of the development code. The standards are intended to help Concord meet its fair share of the region’s affordable housing needs while improving and complementing the design of surrounding neighborhoods, protecting the use and enjoyment of neighboring properties, and promoting economic and environmental sustainability.

B. Applicability.

1. The provisions of this section shall apply to residential and mixed-use projects in the RM (residential medium density), RH (residential high density), community office (CO), NC (neighborhood commercial), CMX (commercial mixed-use), DMX (downtown mixed-use), and DP (downtown pedestrian) districts.

2. Where parcels within these districts are also covered by a transit station overlay designation and are proposed for qualifying affordable housing developments, the provisions in this section relating to additional density, additional floor area ratio, and reduced parking shall supersede those in Chapter 18.105 CDC (Transit Station Overlay District (TS)).

3. Where parcels within these zones are also covered by an airport overlay designation, all requirements of Chapter 18.100 CDC (Airport Overlay District (A)) shall apply.

4. Projects utilizing the density bonus provisions in this section are not eligible for additional density bonuses pursuant to CDC 18.185.050. The intent of the affordable housing incentive program is to provide an alternative to the density bonus program, and the bonuses are not additive.

C. Eligibility. The provisions of this section shall apply to all projects in eligible zoning districts meeting the following criteria:

1. For rental projects, at least 20 percent of the units in the project must be affordable to very low-income households. Another 20 percent must be either affordable to low- or very low-income households. The total percentage of affordable units in the project must be at least 40 percent.

2. For for-sale projects, at least 20 percent of the units must be affordable to low- or very low-income households. Another 20 percent must be affordable to households earning up to the area-wide median income (e.g., 100 percent AMI). The total percentage of affordable units in the project must be at least 40 percent.

3. Development projects exceeding the affordability thresholds identified in subsection (C)(1) and (2) of this section are eligible for the provisions of this section.

4. A minimum parcel area of at least 10,000 square feet (prior to any subdivision associated with the proposed project) is required for a project to be eligible for the provisions of this section.

D. Increased Density and Floor Area Ratio. Qualifying affordable and mixed income housing developments may utilize the density and FAR standards in Table 18.185.060(A), in lieu of the density and FAR standards in Division II of this title.

(1) All densities are based on net developable area, excluding streets and unbuildable portions of the property.

(2) FAR applies to mixed-use projects only. Projects that are 100 percent residential are not subject to an FAR requirement.

E. Lot Area and Dimension. Qualifying affordable and mixed income housing developments may utilize the lot area and dimension standards in Table 18.185.060(B), in lieu of the lot area and dimension standards in Division II of this title.